Part 7Keeper’s warranty

Keeper’s warranty

76Variation of warranty

1

This section applies where warranty is—

a

as provided for in section 73 or 74,

b

granted under section 75(1)(a), (b)(i) or (4)(a), or

c

excluded under section 75(1)(b)(ii).

2

The Keeper may, if the Keeper comes to be satisfied (having regard to sufficiency of evidence as to title) that it is appropriate to do so, grant—

a

warranty as provided for in section 73,

b

less extensive warranty than as so provided, or

c

more extensive warranty than as so provided.

3

The Keeper may not, under subsection (2), grant warranty that is less extensive than the warranty which was originally provided for or granted as mentioned in subsection (1)(a) or (b).

4

For the purposes of subsection (2), the Keeper must have regard to any relevant caveat placed on the title sheet by virtue of section 67.

5

Where the Keeper grants warranty or more extensive warranty under subsection (2), the Keeper must—

a

unless the warranty granted is warranty only as provided for in section 73, give effect to the grant by entering a statement describing it on the title sheet, and

b

remove any statement previously entered under section 75(3) or (4)(b).