36.
(1) Any owner or owners of any land parcel or land parcels whose title to which has been registered under this Act, may amalgamate or sub-divide his or their land parcel by registering a plan of redivision or amalgamation or sub-division relating to such land parcels in accordance with the provisions of this Act. |
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(2) An application for amalgamation or sub-division shall be made to the Registrar of Title with copy to the relevant Superintendant of Surveys and shall contain a declaration in the prescribed form made by the applicant which shall contain"
| | (a) the particulars of every encumbrance, lis pendens, seizure, order or decree affecting the land parcel or land parcels if any ; | | |
| | (b) a reference to the Title Register and a reference to the cadastral map registered in respect of such land parcel or land parcels ; | | |
| | (c) a survey plan prepared by a duly authorized Surveyor in accordance with any regulation governing the conduct of such surveys and the preparation of such cadastral map showing the amalgamation or sub division of such land parcel or land parcels bearing a reference to the cadastral map showing such area ; | | |
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(3) Where the Superintendent of Surveys is satisfied that' the plan conforms to the cadastral map and any regulation governing such surveys and cadastral map, he shall notify the person who tendered such plan accordingly, and shall certify such plan on behalf of the Surveyor-General and shall cause necessary amendments to be made showing such sub-division or amalgamation on the cadastral map and forward a copy of the section of the cadastral map reflecting such amendment to the Registrar of Title of the District in which such land is situate. |
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(4) The original of the plan tendered, field notes and request of the owners shall be filed of record in the Office of the Superintendant of Surveys. |
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(5)
| | (a) On receipt of a certified section of a cadastral Map from the Superintendent of Surveys the Registrar of Title shall, if he is satisfied that such application for subdivision or amalgamation conforms to the provisions of this Act and the regulations made thereunder, register such land parcel or land parcels in the Title Register with accurate cross-references to the former Title records relating to such land. | | |
| | (b)The application and documents received shall be filed by the Registrar of Title in the relevant parcels file. | | |
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(6) Upon the registration of a plan of amalgamation, or sub-division-
| | (a) the land parcel or land parcels depicted therein shall be deemed to be amalgamated or sub-divided as defined therein ; | | |
| | (b) such land parcel or land parcels shall be subject to the burden and shall have the benefit, of any servitudes affecting such land parcel or land parcels in the original cadastral map relating to such land parcel or land parcels as are included in the plan of amalgamation or sub-division. | | |
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