Chapter 22: Title to access strips
of the gmissingh registered proprietor to later claim a share in the access strip is
not prejudiced by a successful application. However, such a limited application
is not supported by the rest of the legislative framework.
Is the consequence of consent or the absence of consent by a registered
Q184
proprietor of land contiguous to the access strip adequately de
Is it appropriate to attempt to preserve the rights (if any) of a non-
Q185
located proprietor?
22.18 Section 89C(1) of the LTA provides that:
Every application under section 89A of this Act shall, except as otherwise expressly
provided in this Part of this Act, be dealt with, as to notices, plans, caveats, fees, and
all other matters, in accordance with the provisions of this Act relating to applications
to bring land under this Act
necessary modifications. (Emphasis added.)
Other provisions in Part 4A of the LTA do provide otherwise and do make
22.19
necessary modifications in various ways. A strong case can be made for a stand-
alone code for access strips rather than several confusing links to other provisions
in the LTA where it is difficult to ascertain what is applicable. The application
needs to cater for variable circumstances, none of which are like the circumstances
covered by sections 19 to 32 or by the Land Transfer Amendment
If the access strip can be either under the LTA or under the deeds
Q186
system (or a mixture of both) is it preferable for there to be a set of
stand-alone provisions that deal with the mechanical aspects of
applications, or is it sufficient to cross-reference the relevant provisions
in other parts of the LTA that are to apply?
22.20 Under this section, the Registrar can issue title for an application when:
there is compliance with Part 4A; and
E
all required notices have been given; and
E
all times required to expire have expired; and
E
every caveat lodged has lapsed or been withdrawn; and
E
no sufficient reason to the contrary otherwise appears.
E
This follows a similar pattern to the equivalent sections in other Parts of the
22.21
LTA that govern other types of application, although the wording differs.822
For the sake of uniformity and ease of use, it would be helpful if the wording
in all sections that deal with the issue of title from applications could be
standardised as far as possible.
822 See Land Transfer Act 1952, s 27 and Land Transfer Amendment Ac
section 89c
– how the
aPPLication
is deaLt with
section 89d –
issuing titLes
to access
stRiPs
248
Law Commission Issues Paper
