Transfer of portion only of land and necessary consent in some cases

(1) Subject to sub-sections (2) and (3) of this section, when a registered proprietor desires to transfer a portion only of the land contained in his certificate of title, it shall not be necessary to cancel the certificate of title, or to issue a new certificate of title for that portion of the land which is not being transferred, but the Registrar may issue to the transferee a new certificate of title in respect of the portion transferred, and note the particulars of the transfer on the margin of the certificate of title in the register and on the certificate of title of the registered proprietor (2) If the registered proprietor so desires or if the Registrar is of opinion that the circumstances do not permit of particulars of the transfer being clearly noted on the certificate of title, such certificate shall be cancelled and the same procedure shall be followed, as nearly as circumstances will permit, as that set forth in section 24 of this Act, and the registered proprietor, on the original certificate of title being cancelled, shall receive a new certificate of title for the portion of land not transferred at the same time that the transferee receives his certificate of title for the portion of land transferred to him. (3) The Registrar shall not issue to a transferee a new certificate of title to a portion not exceeding one hundred acres of any land contained in a certificate of title unless either there is attached to the memorandum of transfer a statement in writing under the hand of the Commissioner of Lands and Surveys either that the Minister under the powers conferred upon him by the Land Tax Act has consented to the subdivision evidenced by the memorandum of transfer and that any conditions to which such consent was subject have been complied with or that the subdivision evidenced by the memorandum of transfer does not require the consent of the Minister under the provisions of the said Act or unless it is proved to his satisfaction that the transfer is in favour of a devise by a personal representative. (4) Where a certificate of title is granted to a transferee in respect of a portion only of the land comprised in a certificate of title and no new certificate of title is granted to the transferor in respect of the remaining portion of such land, the new certificate of title granted to the transferee shall be connected up with the certificate of title for the whole land by reference to the folio and volume in which the certificate of title to the whole land is contained. (5) Where legal charges or incumbrances are noted upon the certificate of title to land so proposed to be subdivided, the Registrar shall not accept a memorandum of transfer of such land without the consent in writing of the chargees or incumbrancees, and this consent shall be filed with the