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Deeds Registries Regulations,1977 (RGN 249 of 1977)

RGN 249 of 1977

Deeds Registries Regulations,1977

RGN 249/1977; SIs 257/1981, 83/1987, 268/1996; 105/2000, 101/2002, 161/2002, 71/2004, 108/2005, 134/2005,

161/2005, 208A/2005; 14/2007, 113/2007, 102/2008, 25/2009, 104/2009

ARRANGEMENT OF SECTIONS

Section

  1. Title and date of commencement.
  2. Interpretation of terms.

PART I

PROVISIONS RELATING TO DOCUMENTS

  1. Size of and other, particulars relating to documents.
  2. Alterations and interlineations.
  3. Documents in foreign language.
  4. Documents to be clear and not folded.
  5. Documents to disclose place and date of execution.
  6. Documents to disclose identity of persons.
  7. Cross-references to be quoted.
  8. Deeds required to be prepared by legal practitioner to be endorsed.
  9. Description of areas of land.
  10. Documents referring to body corporate.
  11. Documents conjoined with other documents. PART II

PRESCRIBED FORMS

  1. Certificate of State title.
  2. Deed of transfer.
  3. Deed of partition transfer.
  4. Substituted title deeds.
  5. Substitution of debtor.
  6. Use of old forms.

PART III

COPIES OF DOCUMENTS

  1. Application for copy or replacement of document.
  2. Registrar may call for evidence, of loss or destruction of document.
  3. Publication of applications relating to deeds.
  4. Issue of copies or replacements.
  5. Registrar may require replacement of deeds which are unserviceable.
  6. Endorsement or destruction of document which has been replaced.
  7. Lost or destroyed certificate of registered title of undivided share.

PART IV

ACTS DONEUNDER POWER OF ATTORNEY

  1. Filing of power of attorney.
  2. Dealings in immovable property.
  3. Power of attorney on bond or deed.
  4. Marriages in community of property.

PART V

DEEDS OF TRANSFER

  1. Property of minors.
  2. Land sold in execution.
  3. Conveyance of two or more pieces of land in same deed.
  4. Transfer of undivided shares in land.
  5. Land referred to in more than one deed.
  6. Land where rights of owner limited.
  7. Transfer to rehabilitated insolvent where no trustee.
  8. Transfer by heir or legatee where value of property is less than cost of transfer.
  9. Partition of land subject to fidei commissum where fidei commissary heirs not known.

PART VI

MORTGAGEBONDS

  1. Details required in mortgage bond.
  2. Land subject to usufruct or similar interest.
  3. Reduction of cover or part payment.

PART VII

CANCELLATION OF LOST OR DESTROYEDMORTGAGE BONDS

  1. Application to cancel lost or destroyed mortgage bond.
  2. Registrar may call for evidence of loss or destruction of bond.
  3. Publication of application.
  4. Cancellation of bond.

PART VIII

GENERAL

  1. Appeals from decision of registrar.
  2. Postponement of examination of documents.
  3. Documents to be endorsed or initialled.
  4. Notarial bonds.
  5. Business to be conducted personally.
  6. Lease, sub-lease servitude or exclusive right of occupation relating to portion of land.
  7. Lease, sub-lease or exclusive right of occupation relating to portion of building.
  8. Register of legal practitioners.
  9. Fees of office.
  10. Days and hours of business.

SCHEDULES

First Schedule: Forms.

Second Schedule Fees.

Third Schedule: Repealed Regulations.

IT is hereby notified that the Minister of Justice has, in terms of section 82 of the Deeds Registries

Act [Chapter 139], made the following regulations—

                                                                        1.    Title and date of commencement

  • These regulations may be cited as the Deeds Registries Regulations, 1977.
  • These regulations shall come into operation on the 1st May, 1977.

                                                                               2.    Interpretation of terms

In these regulations—

“bond” means a mortgage bond or notarial bond;

“deed” means—

  • any deed of grant, deed of transfer or other deed conferring title to land or a real right in land, and includes any mortgage bond; or
  • any notarial bond;

“document” means any deed, power of attorney or other document tendered for execution, registration or record at a deeds registry;

“duly authorised” means authorised by a power of attorney attested -in accordance with the provisions of section 75 of the Act;

“duly witnessed” means witnessed or authenticated in the same manner as provided for powers of attorney in section 75 of the Act;

“form” means the appropriate form set out in the First Schedule; “repealed regulations”, means the regulations repealed by section 62; “written” means written in ink typewritten or printed.

PART I

PROVISIONS RELATING TO DOCUMENTS

                                                           3.    Size of and other particulars relating to documents

(1) Subject to the provisions of this Part, all documents shall be written in the English language—

  • upon strong white paper which is of the international standard paper size A4 (297 mm x 210 mm) with a clear margin of at least 35 mm on the left side thereof and, if there is writing on both sides of the paper, on the right hand side also:

Provided that the registrar may dispense with the requirements of this paragraph if in his opinion the nature of the document makes it impractical to comply with such requirements; and

  • in legible characters using permanent black or blue black ink, which is not copying ink.
  • In the case of any deed, the upper half of the first page shall be left blank or the purposes of office endorsements.
  • The registrar—
  • may, if he, thinks fit, accept a photographic copy of any document which is to be filed for record purposes only,
  • shall not accept a carbon copy of any document which it is intended to be registered and filed in his office.
  • In any document any space which has not been used shall be ruled through.
  • In any document which consists of more than one page the necessary catchword shall be written at the foot of each page.

                                                                          4.    Alterations and interlineations

  • Any alteration or interlineation in a document shall be initialled by the person executing the document and by the attesting witnesses, if any.
  • Any alteration or interlineation in a document which is attested by a person who was not the original attestor of the document shall be signed by the persons attesting the alteration or interlineation.

                                                                         5.    Documents in foreign language

The registrar may accept for registration or record purposes any document expressed in a foreign language if a translation thereof, duly certified by a person accepted by the registrar as a competent translator, is lodged therewith..

                                                                     6.    Documents to be clear and not folded

The registrar may decline to register or accept any document if in his opinion the writing thereof is, because of its faint ness or the folding or condition of the document, illegible or not calculated to secure durability.

                                                           7.    Documents to disclose place and date of execution

A document tendered for registration or record shall disclose the place and date of execution thereof:

Provided that the registrar may dispense with the requirements of this section if in his opinion the nature of the document makes it unnecessary to comply with such requirements.

                                                                  8.    Documents to disclose identity of persons

  • Unless the registrar in any particular case otherwise permits a document shall specify the identity of any person mentioned therein established in accordance with the provisions of section 51.
  • No assumed name or alias shall be added to any name in a document.

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