36 Delivery of certificate of title when applicant is original grantee
(a) if the applicant is the original grantee of the Crown of t he
land and no deed, transfer, mortgage or other encumbrance
or instrument or caveat affecting the title to that land
appears to have been recorded, or
(b) if the applicant is not the original grantee, all the original
title deeds are produced and no person other than the
applicant is in actual possession of the land and no caveat
has been registered,
the Registrar, if the Registrar entertains no doubt as to the title of
the applicant, shall grant a certificate of title as provided in this
Act.
(2) If there is a mortgage or encumbrance against the land at the
date of the application, the filing with the Registrar of the original
mortgage or the instrument creating the encumbrance or a copy of
the mortgage or instrument having endorsed on it or attached to it a
receipt for the payment of the amount secured by it signed by the
mortgagee or encumbrancee attested by an affidavit of the witness,
operates a discharge of the security created by the mortgage or
encumbrance.
(3) The receipt may be in the prescribed form.
(4) If any person other than the applicant is admitted or appears to
be interested in the land, then if the person's interest is by virtue of
a mortgage, encumbrance, lease, or charge created by any other
instrument and the instrument is at the time of the application of
record in the office of the Registrar to whom the application is
made, or, if not of record, the instrument is produced to the
Registrar, and if the applicant desires to have the applicant's title
registered, subject to the interest of the other person, the Registrar,
if the Registrar entertains no doubt as to the extent and nature of
the interest or of the title of the applicant, may register the title and
grant a certificate of title subject to the interest.
RSA 2000
(5) In any case where the person who is admitted or appears to be
interested in land is a consenting party to an application, the
Registrar may, if the Registrar entertains no doubt as to the title of
the applicant, grant a certificate of title, subject to the terms of the
consent, but the consent shall be in writing by the consenting party
in the presence of a witness and attested in the manner provided for
by this Act.
RSA 1980 cL-5 s39;1999 c10 s7