First Registration of Property with PRAI

Rigger8Will

New Member
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1
If an indenture, registered with the ROD in 1999, and in which it demonstrates that the Grantor declared that his fee simple estate, that which he is about to grant and convey, was subject to a right of way, named and described in this Indenture and that the right-of-way would be conveyed in fee simple, i.e. an Appurtenant Easement. All details and covenants within the Deed were accepted by the purchaser

Q1. As the conveyancing act changes every so often, was there a legal obligation, on the next owner to have declared this Burden when first registering the property in 2021?

Q2. If it wasn’t registered, if the PRAI are presented with the proofs, from within the previous owners Title Deed, are they obliged to rectify the Folio, and help prevent the next purchaser from falling victim to this misleading Folio?
 
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