Section 422. Reference of doubtful matters to the court  


Latest version.
  • 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.