s. 42 41 Certificate to be conclusive evidence of title No. 5842 s. 41. S. 41 No folio of the Register under this Act shall be substituted by impeached or defeasible by reasons or on account No. 18/1989 s. 12(Sch. 1 of any informality or irregularity in any item 74). application or instrument or in any proceedings previous to the creation of the folio or the making of any recording on it; and every folio of the Register shall be received in all courts as evidence of the particulars recorded in it and all the recordings of those particulars in the Register, and shall be conclusive evidence that the person named in the folio as the proprietor of, or having any estate or interest in, or power to appoint or dispose of, the land described in the folio is seised or possessed of that estate or interest or has that power. No. 5842 s. 42. 42 Estate of registered proprietor paramount S. 42(1) (1) Notwithstanding the existence in any other person amended by of any estate or interest (whether derived by grant No. 18/1989 from Her Majesty or otherwise) which but for this s. 12(Sch. 1 item 75(a)). Act might be held to be paramount or to have priority, the registered proprietor of land shall, except in case of fraud, hold such land subject to such encumbrances as are recorded on the relevant folio of the Register but absolutely free from all other encumbrances whatsoever, except— (a) the estate or interest of a proprietor claiming S. 42(1)(a) amended by the same land under a prior folio of the No. 18/1989 Register; s. 12(Sch. 1 item 75(b)). (b) as regards any portion of the land that by S. 42(1)(b) amended by wrong description of parcels or boundaries is No. 18/1989 s. 12(Sch. 1 included in the folio of the Register or item 75(c)). instrument evidencing the title of such proprietor not being a purchaser for valuable consideration or deriving from or through such a purchaser.
No. 5842 s. 41. S. 41 substituted by No. 18/1989 s. 12(Sch. 1 item 74). 41 Certificate to be conclusive evidence of title No folio of the Register under this Act shall be impeached or defeasible by reasons or on account of any informality or irregularity in any application or instrument or in any proceedings previous to the creation of the folio or the making of any recording on it; and every folio of the Register shall be received in all courts as evidence of the particulars recorded in it and all the recordings of those particulars in the Register, and shall be conclusive evidence that the person named in the folio as the proprietor of, or having any estate or interest in, or power to appoint or dispose of, the land described in the folio is seised or possessed of that estate or interest or has that power. No. 5842 s. 42. 42 Estate of registered proprietor paramount s. 42 S. 42(1) amended by No. 18/1989 s. 12(Sch. 1 item 75(a)). (1) Notwithstanding the existence in any other person of any estate or interest (whether derived by grant from Her Majesty or otherwise) which but for this Act might be held to be paramount or to have priority, the registered proprietor of land shall, except in case of fraud, hold such land subject to such encumbrances as are recorded on the relevant folio of the Register but absolutely free from all other encumbrances whatsoever, except— S. 42(1)(a) amended by No. 18/1989 s. 12(Sch. 1 item 75(b)). (a) the estate or interest of a proprietor claiming the same land under a prior folio of the Register; S. 42(1)(b) amended by No. 18/1989 s. 12(Sch. 1 item 75(c)). (b) as regards any portion of the land that by wrong description of parcels or boundaries is included in the folio of the Register or instrument evidencing the title of such proprietor not being a purchaser for valuable consideration or deriving from or through such a purchaser.
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