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CHAPTER FIFTH THE CANCELLING OF REGISTRATIONS OF REAL RIGHTS

Revised Laws of Saint Lucia (2022)

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CHAPTER FIFTH
THE CANCELLING OF REGISTRATIONS OF REAL RIGHTS

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    2028.   The registration of real rights, or the renewal thereof, may be cancelled with the consent of the parties, or in virtue of a judgment from which there is no appeal, or which has become final.

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    The acquittance of a debt implies a consent to its registration being cancelled.

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    Any notary who executes a total or partial discharge of a hypothec, is bound to cause the same to be registered, or is liable for the damage caused by his or her default.

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    The creditor is bound to see that the discharge is registered, and is responsible for any costs that may be incurred in consequence of non-registration, and he or she cannot be compelled to grant a discharge, unless a sufficient sum is placed in his or her hands to pay for the registration and transmission.

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    2029.   If the cancelling be not consented to, it may be demanded from the proper court by the debtor or other holder, by any subsequent hypothecary creditor, by a surety, or by any party interested, together with whatever damages may be due.

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    2030.   The cancelling is ordered when the registration or the renewal has been effected without right or irregularly, or upon a void or informal title, or when the right registered has been annulled, rescinded, or extinguished by prescription or otherwise.

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    2031.   The consent to the cancelling and the acquittance or certificate of discharge may be in notarial form or under private signature.

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    When under private signature they must be attested by 2 witnesses, and cannot be received by the Registrar unless they are accompanied by an affidavit of one of such witnesses sworn to before one of the functionaries mentioned in articles 2022, 2023 and 2024,as the case requires, and establishing that the money has been paid in whole or in part, and that such acquittance, certificate of discharge, or consent to the cancelling was signed in the presence of such witnesses by the party granting it.

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    The discharge of any hypothec in favour of the Crown may be entered in the margin against the registry of such hypothec upon the production of a copy:

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      1.     Of an order of the Governor General, certified by the Governor General;

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      2.     Or of a certificate of Attorney General, stating that such hypothec is discharged in whole or in part.

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    The discharge of any hypothec securing a life-rent is entered on the margin upon production of the certificate of death of the person on whose life the rent is created, accompanied by an affidavit identifying such person, and such affidavit may be received and certified by one of the functionaries mentioned in articles 2022, 2023 and 2024, as the case requires.

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    2032.   The consent to the cancelling and the acquittance or certificate of discharge, or the judgment in lieu thereof, must when produced be mentioned in the margin of the registry of the title or memorial establishing the creation or existence of the right so cancelled.

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    The consent to the cancelling, the acquittance or the certificate of discharge, when they are private writings, or a certified copy thereof when they are in notarial form, as well as the copy of any judgment rendered to avail in lieu thereof, registered in conformity with the present article and the succeeding articles of this Chapter, must remain deposited in the Registry office.

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    2033.   The judgment declaring the nullity, extinction, or dissolution of the right registered cannot, however, be registered, unless it is accompanied by a certificate that the delays allowed for appeal from such judgment have expired, without such appeal having taken place.

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    2034.   Such judgment must have been served upon the defendant in the usual manner.

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    2035.   The Sheriff is bound to cause all his or her deeds of sale of immovables to be registered, at the expense of the purchaser, as soon as possible, and before delivering to any person whatever any duplicate thereof.

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    2036.   The Registrar is bound to cause to be registered as soon as possible, at the expense of the applicant or the purchaser, as the case may be, all judgments of confirmation of title, before delivering copies thereof to any person whatever.

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    2037.   The registration at length of confirmations of title, sheriff's sales, and other sales having the effect of discharging property from hypothecs, is equivalent to the registration of a certificate of the discharge or of the extinction of all rights which are discharged by such sales or confirmations of title; and it is the duty of the Registrar in such case to make mention thereof in the margin of each entry establishing a previous right extinguished by such sale, confirmation of title, or decree of adjudication.

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