Page:Land Titles Ordinance (Cap. 585).pdf/118

LAND TITLES ORDINANCE :'''21D. Priority among unregistrable interests relating to the same land'''
 * The priority of all unregistrable interests relating to the same land, and whether or not any such interest is the subject of a registered caveat, shall be determined in accordance with the law applicable to the priority among such interests.
 * 21E. Withdrawal and removal of caveats
 * (1) A caveat may be withdrawn on the presentation to the Land Registrar by the caveator of an application in the specified form for the withdrawal of the caveat.
 * (2) A caveat may be removed on the presentation to the Land Registrar of an application in the specified form for the removal of the caveat—
 * (a) in any case, by a person who has obtained an order of the Court of First Instance for its removal;
 * (b) by the owner of the land affected by the caveat but only if the Land Registrar—
 * (i) is satisfied that the owner has provided a copy of the application to the caveator not less than 14 days before the presentation of the application to the Land Registrar; and
 * (ii) is satisfied—
 * (A) that the caveat was wrongfully registered;
 * (B) that the ground on which the caveat was registered no longer exists; or
 * (C) that the caveator consents to the removal of the caveat.
 * (3) The Land Registrar may require the owner of land presenting an application for the removal of a caveat under subsection (2)(b) to support the application by such evidence as the Land Registrar requires.
 * (4) A person with an interest in land affected by the caveat may apply by originating summons to the Court of First Instance for the removal of the caveat and the Court of First Instance may make such order on the originating summons and as to costs as to the Court of First Instance appears just.
 * (5) On the withdrawal or removal of a caveat—
 * (a) the Land Registrar shall cause an entry to be made in the register kept under this Ordinance in respect of the land against which the caveat was registered, giving notice of the withdrawal or removal of the caveat; and
 * (b) any liability of the caveator previously incurred under section 21F shall not be affected by the entry made under paragraph (a).
 * 21F. Wrongful caveats
 * (1) A person who applies to the Land Registrar to register a caveat without reasonable cause shall be liable, in an action for damages at the suit of—
 * (a) the owner of land concerned; or
 * (b) any other person who has an interest in the land,
 * to pay compensation to the owner or other person for any damage sustained thereby, in such amount as to the Court of First Instance appears just.
 * (2) A caveator under a registered caveat who fails, without reasonable excuse, to apply to the Land Registrar for the withdrawal of the caveat within a reasonable period of time after the ground on which it was registered ceases to exist, shall be liable, in an action for damages at the suit of a person referred to in subsection (1)(a) or (b), to pay compensation to that person for any damage sustained thereby, in such amount as to the Court of First Instance appears just.