ACT
(Acts 12 of 1984, 7 of 1986, 2 of 1987, 5 of 1987, 16 of 1989, 21 of 2 000
and 19 of 2006)
Act 12 of 1984 .. in force 15 July 1985 (S.I. 36/1985)
Amended by Act 7 of 1986 .. in force 2 August 1986
Amended by Act 2 of 1987 .. in force 21 March 1987
Amended by Act 5 of 1987 .. in force 21 March 1987
Amended by Act 16 of 1989 .. in force 30 December 1989
Amended by Act 21 of 2000 .. in force 25 November 2000
Amended by Act 19 of 2006 .. in force 27 March 2006
ARRANGEMENT OF SECTIONS
PART 1
PRELIMINARY
| 1. | Short title |
| 2. | Interpretation |
| 3. | Application of this Act |
PART 2
ORGANIZATION AND ADMINISTRATION
Division 1
Land Registries and Officers
| 4. | Registration district |
| 5. | Administration of Land Registry |
| 6. | General powers of Registrar |
| 7. | Indemnity of officers |
| 8. | Seal of Registry |
Division 2
The Land Register
| 9. | The Land Register and the Land Adjudication Act |
| 10. | Compilation of the Land Register |
| 11. | Registration |
| 12. | Cancellation of obsolete entries |
| 13. | New editions of Register |
Division 3
Maps, Parcels and Boundaries
| 14. | Registry Map and Land Adjudication |
| 15. | Correction of the Registry Map and new editions |
| 16. | Mutation |
| 17. | General boundaries |
| 18. | Fixed boundaries |
| 19. | Maintenance of boundary features |
| 20. | Interference with boundary features |
| 21. | Combinations and subdivisions |
| 22. | Reparcellation |
PART 3
EFFECT ON REGISTRATION
| 23. | Effect of registration with absolute title |
| 24. | Effect of registration with provisional title |
| 25. | Effect of registration of a lease |
| 26. | Effect of Registration of Crown Land |
| 27. | Voluntary transfer |
| 28. | Overriding interests |
| 29. | Conversion of provisional into absolute title |
| 30. | Entries to constitute actual notice |
PART 4
CERTIFICATE AND SEARCHES
| 31. | Land certificates and certificates of lease |
| 32. | Production of certificate |
| 33. | Dispositions of leases and hypothecs |
| 34. | Lost or destroyed certificates |
| 35. | Searches and copies |
| 36. | Evidence |
PART 5
DISPOSITIONS
Division 1
General
| 37. | Subsequent dealings |
| 38. | Protection of persons dealing in registered land |
| 39. | Additional fee for delayed registration |
| 40. | Power to compel registration |
| 41. | Priority of registered interests |
| 42. | Stay of registration |
| 43. | Merger of registered interests |
Division 2
Leases
| 44. | Leases |
| 45. | Registration of leases |
| 46. | Lessor's consent to dealing with lease |
| 47. | Substitution of leases |
| 48. | Surrender of leases |
| 49. | Determination of leases |
| 50. | Voluntary registration of leases |
Division 3
Hypothecs
| 51. | Form and effect of hypothecs |
| 52. | Creditor's consent to transfer |
| 53. | Variation of hypothecs |
| 54. | Discharge of hypothec |
| 55. | Satisfaction of hypothecs |
Division 4
Transfers
| 56. | Transfers |
| 57. | Conditional transfers not registrable |
| 58. | Transfer of part |
| 59. | Transfer of unregistered leases |
Division 5
Servitudes
| 60. | Servitudes |
| 61. | Release and extinguishment of servitude |
Division 6
Undivided Ownership
| 62. | Registration of more than one proprietor |
| 63. | Characteristics of proprietorship in common |
| 64. | Partition of land owned by proprietors in common |
| 65. | When Registrar may order sale |
| 66. | Procedure where share is small |
PART 6
INSTRUMENTS AND AGENTS
| 67. | Form of instrument |
| 68. | Execution of instruments |
| 69. | Stamps |
| 70. | Disposal of instruments |
| 71. | Minors |
| 72. | Agents and persons under disability |
| 73. | Gift to person under disability |
| 74. | Powers of attorney |
| 75. | Effect of registered power of attorney |
PART 7
TRANSMISSIONS AND TRUSTS
| 76. | Transmission on death of sole proprietor or proprietor in common |
| 77. | Effect of transmission by death |
| 78. | Transmission on bankruptcy |
| 79. | Liquidation |
| 80. | Transmission by compulsory acquisition or judgment of court |
| 81. | Trusts |
| 82. | Survivor of Trustees |
PART 8
RESTRAINTS ON DISPOSITION
Division 1
Inhibition
| 83. | Power of Court to inhibit registered dealings |
| 84. | Effect of inhibition |
| 85. | Cancellation of inhibition |
Division 2
Cautions
| 86. | Lodging of cautions |
| 87. | Notice and effect of cautions |
| 88. | Withdrawal and removal of cautions |
| 89. | Second caution in respect of the same matter |
| 90. | Wrongful cautions |
Division 3
Restrictions
| 91. | Restrictions |
| 92. | Notice and effect of restrictions |
| 93. | Removal and variation of restrictions |
PART 9
PRESCRIPTION
| 94. | Acquisition of land by prescription |
| 95. | Procedure when land acquired by prescription |
| 96. | Registration of servitudes acquired by prescription |
PART 10
RECTIFICATION AND COMPENSATION
| 97. | Rectification by Registrar |
| 98. | Rectification by Court |
| 99. | Right to Compensation |
| 100. | Amount of Compensation |
| 101. | Procedure for claiming compensation |
| 102. | Recovery of compensation paid |
| 103. | Errors in survey |
PART 11
DECISIONS OF REGISTRAR AND APPEALS
| 104. | Power of Registrar to state case |
| 105. | Appeals |
| 106. | Effect of appeals on disposition |
| 107. | Appeal rules |
PART 12
MISCELLANEOUS
| 108. | Addresses |
| 108A. | Identification |
| 109. | Service of notices |
| 110. | Meaning of “opportunity of being heard” |
| 111. | Offences |
| 112. | Fees |
| 113. | Recovery of fees and expenses |
| 114. | Enforcement of Registrar's orders for payment |
| 115. | Jurisdiction of Courts |
| 116. | Rules |
| 117. | Saving of rights |
| 118. | Act to bind Crown |
| 119. | Other Law |
AN ACT to make provision for registration of land and for dealing in land so registered and for connected purposes.
Commencement [15 July 1985]