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Possessory title

Cap. 180, s. 4 · Revised Edition 2020

(1) Where any party to the proceedings claims to be interested in any land which will be affected by the award under a title acquired under any law relating to the limitation of actions, whether against the Crown or any other person, in this Act called “a possessory title”, the court shall adjudicate on the claim and give its award accordingly, Provided that where, in the opinion of the court, the expense of investigating the claim will be out of proportion to the convenience resulting from the settlement thereof, the court may, if it thinks fit, instead of adjudicating on the claim, declare the award to be without prejudice to the claim. (2) An award shall not prejudice a possessory title, whether accrued or accruing, where no person interested under that title is a party to the proceedings. (3) Subject to the foregoing provisions of this section, an award shall operate to extinguish all possessory titles, whether accrued or accruing, which are inconsistent with the award.
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