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Part 2Land title and registration
Land title register: Evidentiary effect of documents

44Evidentiary effect of documents

  1. Subsection (2) applies to a document that—

  2. appears to be or to represent an electronic image of an instrument registered or noted in the register under this Act; and
    1. does not appear to have been altered in any way.

      1. Unless there is proof to the contrary, the document is conclusive evidence—

      2. of the contents of the instrument; and
        1. that the instrument is registered or noted in the register under this Act.

          1. Subsection (4) applies to a document that—

          2. appears to be or to represent an electronic image of a record of title created under this Act; and
            1. does not appear to have been altered in any way.

              1. Unless there is proof to the contrary, the document is conclusive evidence—

              2. of the information contained in the record of title as at the date and time stated in the document; and
                1. that the information contained in the document identifies all interests and other matters that, at the date and time stated in the document, are registered or noted in the register and affect the estate or interest to which the record of title relates.

                  1. Unless there is proof to the contrary, a copy of an instrument certified by or on behalf of the Registrar to be a correct copy of an instrument registered or noted under this Act is conclusive evidence—

                  2. of the contents of the instrument; and
                    1. that the instrument is registered or noted in the register under this Act.

                      1. Unless there is proof to the contrary, a copy of a record of title certified by or on behalf of the Registrar to be a correct copy is conclusive evidence—

                      2. of the information contained in the record of title as at the date and time stated in the copy; and
                        1. that the information contained in the copy identifies all interests and other matters that, at the date and time stated in the copy, are registered or noted in the register and affect the estate or interest to which the record of title relates.

                          1. Unless there is proof to the contrary, the fact that the copy of the instrument or record of title appears to be certified by or on behalf of the Registrar is conclusive evidence that it is certified by or on behalf of the Registrar.

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