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This entry was published on 2014-09-22
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SECTION 422
Reference of doubtful matters to the court
Real Property (RPP) CHAPTER 50, ARTICLE 12
§ 422. Reference of doubtful matters to the court. When the registrar
is in doubt, and the parties in interest fail to agree as to the proper
memorial to be made in the title book of any deed, mortgage or other
voluntary instrument presented for registration, the questions shall be
referred to the court for decision, either on the certificate of the
registrar stating the question, or upon the suggestion in writing of any
party or parties in interest; and the court, after due notice to all
parties in interest, and a hearing, if necessary or proper, shall enter
an order prescribing the form of the memorial to be made by the
registrar, who shall make the memorial accordingly. In any judicial
proceeding affecting property, the title to which is then a registered
title, the court upon the application in writing of any party or parties
in interest after due notice to all other parties in interest and a
hearing, if necessary or proper, shall enter an order prescribing the
form of any memorial that should be made by the registrar in the title
book because or as the result of such proceeding; and the registrar,
upon the production of a certified copy of such order, shall make the
proper memorial in accordance with such order. After making such
memorial in the title book the registrar shall also make all other
memorials on existing certificates or make and deliver any new
certificates according to the circumstances and in the manner required
herein.