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CHAPTER 20:05

DEEDS REGISTRIES ACT

Acts 10/1959, 43/1962, (s. 2), 46/1962, 22/1964, (s. 54), 38/1964 (s. 25), 9/1968, 6/1971 (s. 69), 77/1971,

57/1972, (s. 20), 6/1973, 39/1973, (s. 21), 42/1974, 22/1976 (s. 87), 5/1979, 8/1980, 15/1981, 32/1981, 4/1983,

18/1989 (s. 18), 2/1991, 23/1991, 5/1998, 14/1999, 22/2001 (s. 4); R.G.N.s 801/1963, 214/1964, 217/1970, 144/1973, 1135/1975.

ARRANGEMENT OF SECTIONS

PART I

PRELIMINARY Section

  1. Short title.

PART II

ADMINISTRATION

  1. Deeds registries.
  2. Appointment of officers.
  3. Duties of registrars.
  4. Powers of registrars.
  5. Transactions affecting land in both areas defined in Schedule.
  6. Registered deeds not to be cancelled except upon order of court.
  7. Inspection of records and supply of information. PART III

REGISTRATION

General Provisions

  1. When registration takes place.
  2. Deeds to follow sequence of their relative causes.
  3. Registration of land or real right in favour of trustee.
  4. Preparation of deeds.
  5. How real rights shall be transferred.
  6. Special provisions relating to women.

PART IV

REGISTRATIONOF LAND

Transfer of Land

  1. Transfer of State land.
  2. Registration of real rights in State land.
  3. Cancellation of title deeds on direction of Minister.
  4. Form and manner of execution of deeds of transfer.
  5. Particulars required in deed.
  6. Diagram deeds.
  7. Necessity for diagrams despite issue of dispensation certificate.
  8. Transfer from joint estate.
  9. Transfer of two or more pieces of land by one deed.
  10. Transfer of undivided shares in land by one deed.
  11. Special provisions relating to transfer of undivided shares.
  12. Special provisions relating to undivided shares with exclusive right of occupation.
  13. Transfer to unascertained children.
  14. Deeds of partition transfer.
  15. Requisites where share in land partitioned is mortgaged.
  16. Requisites where share in land partitioned is subject to other rights.
  17. Effect of compliance with sections 30 and 31.
  18. Partition of land subject to fidei commissum.

Substituted Title Deeds

  1. Certificate of registered title of undivided share.
  2. Certificate of registered title of aggregate share.
  3. Certificate of registered title of one or more properties held under one deed.
  4. Conditions governing issue of certificates of registered title.
  5. Certificate of registered title taking place of lost or destroyed deed.
  6. Certificate of registered title to correct error in registration.
  7. Certificate of consolidated title of two or more pieces of land.
  8. Certificate of registered title of portion of piece of land.

Rectification of Title by Endorsement

  1. Rectification of title by endorsement.
  2. Transfer or cession by means of endorsement.

PART V

BONDS

General Provisions

  1. Execution of bonds.
  2. Requirements in case of bonds intended to cover future advances.
  3. Cession of bond to secure future advances.
  4. Exclusion of general clause in mortgage bonds.
  5. Passing of bonds in favour of agents.
  6. Requirements in case of bonds passed by or in favour of two or more persons.

Rights of Mortgagees

  1. Transfer of hypothecated property.
  2. Substitution of debtor in respect of bond.
  3. Notice by Master in connection with insolvent estates and further provisions relative to insolvent estates.
  4. Endorsement of bond after sale in execution.
  5. Consent of bond holder to registration of merger of rights of mortgagor.

Notarial Bonds 55. Where notarial bond to be registered.

PART VI

RIGHTS IN IMMOVABLE PROPERTY

General

  1. Restriction on registration of rights in immovable property.

Servitudes

  1. Creation of servitudes.
  2. Requirements for preparation and submission of deed of servitude.
  3. Restriction on registration of certain personal servitudes.
  4. Cancellation of registration of servitude.
  5. Transfer and mortgage of land with personal servitude thereon.
  6. Joint transactions by fiduciary and fidei
  7. Certain restrictive conditions to be of no force and effect and certain alienations, etc., of property not to be invalid on certain grounds.
  8. Sale of land on instalments.

Leases

  1. Registration of leases and sub-leases.
  2. Termination of registered lease.
  3. Where lease to be registered.
  4. Cessions of leases and sub-leases.
  5. No hypothecation of leases and sub-leases.
  6. Bonds hypothecating leases or sub-leases.

PART VII

GENERAL

  1. Cancellation of registration on lapse of certain registered rights.
  2. Transfer and cession not to be passed as security.
  3. Transfer of immovable property by executor.
  4. Transfer duty to be paid before transfer.
  5. Registration of change of name.
  6. Renumbering of properties.
  7. Deletion of conditions of title.

 

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