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Papua New Guinea Consolidated Legislation |
Chapter 191.
Land Registration Act 1981.
Certified on: / /20 .
INDEPENDENT
STATE OF PAPUA NEW GUINEA.
Chapter 191.
Land Registration Act 1981.
ARRANGEMENT OF SECTIONS.
1. Operation of other laws.
2. Interpretation.
3. Definition of land in certain instruments.
4. Appointment of Registrar and Deputy Registrar.
5. Declaration of Office.
6. Seal.
7. Proof of documents.
8. Preparation of certificates of title.
9. Register.
10. Registration of certificates of title.
11. Certificate of title to be evidence.
12. New certificates on registration of plan.
13. New certificate following transfer.
14. Non-contiguous Lands.
15. New certificate of title for different areas.
16. Tenants in common.
17. Status of unregistered instruments.
18. Instruments in approved form, etc.
19. Attestation of instruments.
20. Certificate required of correctness of instruments.
21. Instruments may be lodged in duplicate.
22. Instruments to be accompanied by title.
23. Registration of instruments.
24. Priority for registration.
25. Manner of effecting registration.
26. Effect of registration.
27. Effective date of registration.
28. Status of registered instrument.
29. Instruments of title to be returned.
30. Procedure for registration in certain cases.
31. Remainderman, etc., may be registered.
32. Description of certain persons as proprietor.
33. Protection of registered proprietor.
34. Joint proprietors.
35. Register to be maintained.
36. Application of Act to State leases.
37. Alteration or variation.
38. Surrender of State lease.
39. Registrar to enter forfeiture.
40. Registration of State lease not executed by lessee.
41. Surrender of land subject to restoration order.
42. Requirements for transfer.
43. Short form of right-of-way in transfer of freehold.
44. Transferor has no lien for unpaid purchase money.
45. Transferee not affected by notice.
46. Transferee of mortgaged land to indemnify transferor.
47. Purchase of land by mortgagee, etc.
48. Proprietor may transfer to himself, etc.
49. Creation of lease.
50. Powers of lessor.
51. Covenants implied against lessee.
52. Short form covenants by lessee.
53. Short form of right-of-way in lease.
54. Lessee may sublet.
55. Transfer of lease.
56. Surrender of lease.
57. Disclaimer on insolvency.
58. Right to purchase freehold.
59. Lessors’ rights preserved.
60. Re-entry by lessor.
61. Interpretation of Part VII.
62. Creation of mortgage or charge.
63. Effect of mortgage or charge.
64. Covenants implied against mortgagor.
65. Short form of covenant by mortgagor.
66. Transfer of mortgage or charge.
67. Notice of default.
68. Sale of property by mortgagee, etc.
69. Protection of purchaser.
70. Principal becomes due on non-payment of interest, etc.
71. Estate of mortgagor, etc., passes to purchaser.
72. Payment by instalments.
73. Power to vary period before mortgagee sale.
74. Mortgagee may enter and take possession, etc.
75. Power of distraint.
76. Mortgagee, etc., in possession liable to lessor.
77. Discharge of mortgage or charge.
78. Satisfaction of annuity.
79. Payment of mortgage money where mortgagee absent.
80. Money lent on joint account.
81. Equitable mortgages.
82. Entitlement to lodge caveat.
83. Scope of caveat.
84. Requirements for caveat.
85. Commencement.
86. Restriction on dealings.
87. Notice to persons affected.
88. Court order relating to caveat.
89. Cancellation by Registrar.
90. Lodgement of caveat without reasonable cause.
91. Lapse of caveat.
92. Prohibition against further caveat.
93. Withdrawal of caveat.
94. Service of notices on caveator.
95. Registration of easements.
96. Certificate of title evidence as to easements.
97. Registration of other rights.
98. Registration of customary rights.
99. Implied covenants operate as if set out fully.
100. Covenants may be negatived or modified.
101. Parties bound severally.
102. Doing of acts, etc., to give effect to covenants.
103. Interpretation of Part XI.
104. No entry of trusts in Register.
105. Instrument of nomination.
106. Terms of trusts may be declared by separate instrument.
107. Trustees may deal as beneficial owners.
108. Saving of jurisdiction.
109. No survivorship of trustees.
110. No survivorship to be shown on certificate.
111. Vesting order to be registered.
112. Order for sale to be registered.
113. Actions in trustee’s name.
114. Interpretation of Division 1.
115. Transmission on insolvency.
116. Annulment of insolvency adjudication.
117. Interpretation of Division 2.
118. Transmission of mortgage, etc.
119. Transmission of freehold and State leases.
120. Devise of mortgage, lease, etc.
121. Devise of freehold.
122. Registration of surviving joint tenant.
123. Determination of life estate.
124. Transmission where deceased not registered as proprietor.
125. Transmission to person entitled by custom.
126. Order for executor, etc., to transfer.
127. Registrar may dispense with death certificate in certain cases.
128. Interpretation of Part XIII.
129. Attorney may deal in land, etc.
130. Instrument to be evidence.
131. Registrar may presume power unrevoked.
132. Directions to be observed.
133. Certain dealings protected.
134. Loss, etc., of power.
135. Revocation.
136. Offence.
137. Fees and contributions.
138. Assurance Fund.
139. Application of Public Finances (Management) Act 1995..
140. Contributions payable to Assurance Fund.
141. Payments out of the Assurance Fund.
142. Fund not liable for breach of trust.
143. Proceeds of investment.
144. Recovery of money paid out of Assurance Fund.
145. Registrar may be summoned to show cause.
146. Ejectment against registered proprietor.
147. Registrar to be co-defendant in certain cases.
148. Improvements.
149. Orders on recovery of land.
150. Damages for deprivation of land.
151. Damages for mistakes of Registrar, etc.
152. Damages to be limited in certain cases.
153. Amendment of certificate of title.
154. Adjustment of discrepancies in boundaries.
155. Registrar may refuse to receive certain instruments.
156. Production of instruments for registration of dealing, etc.
157. Survey plan required in certain cases.
158. Registrar may dispense with production.
159. Informal documents may be registered.
160. Production of instruments wrongly issued, etc.
161. Cancellation and correction of instruments and entries.
162. Replacement of instrument of title.
163. Caveats by Registrar.
164. Special case.
165. Powers and functions of Deputy Registrar.
166. Custodian for Trust Land.
167. Appointment of Custodian.
168. Certain instruments need not refer to successors of the Custodian.
169. References to First Assistant Secretary, etc.
170. Partition.
171. Writs of execution.
172. Certificate of title conclusive evidence in action for specific performance.
173. Searches of Register and copies of instruments.
174. Certified copies to be furnished and to be evidence.
175. Execution of instruments by the State.
176. Execution of instruments by corporation.
177. Persons may be accounted dead in certain cases.
178. Consent, etc., may be endorsed.
179. Representation in cases of incapacity.
180. Witness expenses.
181. Protection of Registrar.
182. Regulations.
183. Repeal.
184. Rights and liabilities to continue.
185. Former Register Books.
186. Register of Government Leases, etc.
187. Register of powers of attorney.
188. Instrument of encumbrance to continue as charge.
189. Registrar and Deputy Registrar to continue.
190. Certain documents may be accepted.
191. Land held by Director, etc.
192. References to “owner”.
193. Transfer of funds.
INDEPENDENT STATE OF PAPUA NEW GUINEA.
AN ACT
entitled
Land Registration Act 1981,
Being an Act to unify the law relating to the registration of title to land, and for related purposes.
PART I. – PRELIMINARY.
1. OPERATION OF OTHER LAWS.
(2) Subject to Subsection (1), this Act does not affect the operation of any other Act and in particular the powers conferred by Section 28 of the Land (Ownership of Freeholds) Act 1975 may be exercised notwithstanding anything in this Act.
2. INTERPRETATION.
[2]“approved form” means a form approved by the Registrar under Section 18 for the purposes of this Act;
“the Assurance Fund” means the fund established by Section 138;
“certificate of title” means an instrument evidencing the seisin of the fee simple or other estate of freehold in land and includes a grant or provisional grant;
“charge” means a charge on land created for the purpose of securing the payment of an annuity or sum of money other than a debt;
“chargee” means the proprietor of a charge;
“chargor” means the registered proprietor of land subject to a charge;
“the commencement dat e”“the commencement date” means 30 November 1981, the date on which the Land Registration Act 1981 came into force;
“contribution” means a contribution imposed under Section 137;
“the Court” means the National Court;
“the Custodian” means the Custodian for Trust Land appointed under Section 167;
“dealing” means a disposition of an estate or interest otherwise than by way of transmission and includes a transfer, lease, surrender, mortgage, charge, discharge, easement and similar interest, and nomination of trustees;
“Deputy Registrar” means a Deputy Registrar of Titles appointed under Section 4;
“document” means any writing relating to land whether of a formal nature or otherwise and includes a will, register, map or plan;
“encumbrance” includes all prior estates, interests, rights, claims and demands which can or may be had, made or set up in, to, on, or in respect of, land;
“grant” means the original grant of land in fee simple by the Administration or Government of a former Territory;
“instrument” includes a certificate of title and a document relating to a dealing;
“mortgage” means a charge on land created merely for securing a debt;
“mortgagee” means the proprietor of a mortgage;
“mortgagor” means the proprietor of land subject to a mortgage;
“proprietor” means a person seised or possessed of a freehold or other estate or interest in land at law or in equity in possession or in futurity or expectancy, and includes a person in possession of or entitled to a charge or encumbrance on land;
“the Public Curator” means the Public Curator appointed under the Public Curator Act 1951;
“register”, in relation to a matter affecting an estate or interest, means–
(a) the entry of the matter in the Register on the relevant folio or instrument as the nature of the estate or interest requires; and
(b) the endorsement of the matter on the instrument of title to the estate or interest;
“Register” means the Register maintained by the Registrar under Section 9;
[3]“Register of State Leases” means the Register of State Leases maintained by the Registrar under Section 35;
“registered” means registered under this Act;
“registered proprietor” has the meaning ascribed to it by Section 32;
“Registrar” means the Registrar of Titles appointed under Section 4;
“the repealed Act” means–
(a) in relation to the part of the country formerly known as the Territory of Papua–the Real Property Act, 1913 (Papua) (Adopted); and
(b) in relation to the part of the country formerly known as the Territory of New Guinea–the Lands Registration Act 1924 (New Guinea) (Adopted);
“State lease” means a lease granted by the State and includes a lease granted or continued in operation under the Land Act 1996;
“this Act” includes the regulations;
“transaction” means a dealing or transmission;
“transfer” means the passing of an estate or interest in land whether for valuable consideration or otherwise;
“transmission” means the acquirement of title to or interest in land consequent on the death or insolvency of an owner.
(2) A reference in this Act to a person as proprietor, transferor, transferee, mortgagor, mortgagee, chargor, chargee, encumbrancer, encumbrancee, lessor, lessee, trustee or person seised of or having an estate or interest in land includes the executors, administrators and assigns of that person.
(3) Unless the contrary intention appears, a reference in this Act–
(a) to land–means land the title to which, or an estate or interest in which, is, or may be, registered under this Act; and
(b) to a covenant implied by this Act–includes a covenant implied by virtue of a form of words in accordance with this Act; and
(c) to a person of unsound mind–is a reference to a person of unsound mind as that expression is used in the Public Health Act 1973.
3. DEFINITION OF LAND IN CERTAIN INSTRUMENTS.
(2) In an instrument to which this section applies, “land” includes all easements and appurtenances appertaining to the land described in the instrument or reputed to be part of the land or appurtenant to it.
(3) Subsection (2) does not limit, in an instrument, the meaning that “land” has apart from this section.
PART II. – ADMINISTRATION.
4. APPOINTMENT OF REGISTRAR AND DEPUTY REGISTRAR.
5. DECLARATION OF OFFICE.
6. SEAL.
(2) All courts, Judges and persons acting judicially shall take judicial notice of the seal of the Registrar affixed to a document and shall presume that it was duly affixed.
7. PROOF OF DOCUMENTS.
(a) to be issued or written by or under the direction of the Registrar or a Deputy Registrar; and
(b) to be sealed with the seal of the Registrar or signed by the Registrar or a Deputy Registrar,
shall be received in evidence and unless the contrary is shown be presumed to have been issued or written by or under the direction of the Registrar or the Deputy Registrar, as the case may be.
PART III. – REGISTRATION GENERALLY.
Division 1.[4]
Preparation of Certificates of Title and Register.
8. PREPARATION OF CERTIFICATES OF TITLE.
(2) A certificate of title shall be prepared in duplicate and the Registrar shall endorse on one duplicate a note to the effect that it is not to be taken out of his custody.
(2A)[7] [8]A person, who removes a certificate of title which is a folio of the Register from the custody of the Registrar without the authorization of the Registrar, is guilty of an offence.
Penalty: A fine not exceeding K2,000.00.
(3) When preparing a certificate of title the Registrar shall record on both duplicates the particulars, so as to preserve their priorities, of all encumbrances, instruments, dealings and matters affecting the land which are required by this Act to be registered or entered.
(4) Where a certificate of title is to be issued in respect of a person under disability the Registrar shall record in the same way–
(a) in the case of a minor–the date of his birth; and
(b) in any other case–the nature of the disability so far as it is known to the Registrar.
9. REGISTER.
(2) Each duplicate referred to in Subsection (1) is a separate folio.
(3) The Register may be kept in such form as the Registrar considers appropriate, in or upon any medium or combination of mediums which are suitable for the purposes of recording information concerning the registered interests in land.
(4) Without limiting the provisions of Subsection (3), the Registrar may change the form in which the Register or part of the Register is kept.
10. REGISTRATION OF CERTIFICATES OF TITLE.
(a) marked with the volume and folio in which it is entered in the Register Book; and
(a) marked with the volume and folio in which it is entered in the Register; and
(b) signed, sealed and dated,
by the Registrar.
(2) One duplicate of a certificate of title shall, on registration, be delivered by the Registrar to the person entitled to it.
11. CERTIFICATE OF TITLE TO BE EVIDENCE.
(a) is evidence of the particulars it specifies; and
(b) is conclusive evidence, in relation to the land it describes, that the person named in the certificate of title–
(i) as seised of an estate in land; or
(ii) as taking or otherwise entitled to an estate or interest in the land,
is seised of, possessed or entitled to that estate or interest, as the case may be; and
(c) is conclusive evidence that the property comprised in the certificate of title is under this Act.
(2)[12] [13]The other duplicate of a certificate of title, when registered, is evidence of the particulars it specifies and of those particulars being entered in the Register.
Division 2.
Issue of Certificates of Title in Certain Cases.
12. NEW CERTIFICATES ON REGISTRATION OF PLAN.
(a) deliver for cancellation his duplicate of the relevant certificate of title; and
(b) take out a new certificate of title for each of the allotments marked on the plan.
13. NEW CERTIFICATE FOLLOWING TRANSFER.
(2) Where a transfer relates to the whole of the land in a certificate of title, the Registrar shall, at the request of the transferee, issue to him, on registration of the transfer, a new certificate in the name of the transferee.
(3) Where a transfer relates to part of the land in a certificate of title the Registrar may, at the request of the transferor, issue to him, on registration of the transfer, a new certificate of title as to the residue of the land in the certificate of title in the name of the transferor.
(4) A transferee of part of the land in a certificate of title shall take out a new certificate in his own name.
14. NON-CONTIGUOUS LANDS.
(2) Where it is inconvenient to draw the plan on the face of a certificate of title it may be drawn on the back or on a sheet annexed to the certificate.
(3) It is not necessary to mention the area of a parcel of land included in a certificate of title where the area of the parcel is less than 16.187 ha.
(4) The omission to refer to the area of the land comprised in a certificate of title does not invalidate the certificate.
15. NEW CERTIFICATE OF TITLE FOR DIFFERENT AREAS.
(2) Subject to Section 14, where–
(a) a person registered as proprietor of land under one or more certificates of title applies to the Registrar for the issue of–
(i) a single certificate of title for the whole of that land; or
(ii) two or more certificates of title as to parts of that land; and
(b) the applicant delivers up to the Registrar the applicant’s duplicates of the relevant certificates of title; and
(c) the Registrar is of the opinion that the certificate or certificates sought by the applicant can be issued conveniently and consistently with Section 14,
the Registrar may issue to him a single certificate or several certificates of title in accordance with the application.
(3) On registration of a certificate of title under this section the Registrar shall–
(a) cancel the previous certificate or certificates; and
(b) endorse on the cancelled certificate or certificates a memorandum–
(i) noting the cancellation; and
(ii) referring to the new certificate or certificates.
16. TENANTS IN COMMON.
(a) they may receive one certificate of title for the entirety describing them as tenants in common; or
(b) each may receive a separate certificate for his undivided share.
Division 3.
Provisions Affecting Registration of Instruments.
17. STATUS OF UNREGISTERED INSTRUMENTS.
(2) An instrument signed by a proprietor, purporting to pass an estate or interest for the registration of which provision is made in this Act shall, until registered, be deemed to confer on the person intended to take under the instrument a right to the registration of the estate or interest.
(3) The reference in Subsection (2) to–
(a) a proprietor; or
(b) a person intended to take under an instrument,
includes a reference to a person claiming through or under that proprietor or person, as the case may be.
(4) Subsection (1) does not apply to a lease for a term of three years or less.
18. INSTRUMENTS IN APPROVED FORM, ETC.
(2) The approval or availability of a form approved under Subsection (1) or a new or revised version of a form shall be notified in the National Gazette and copies of the form shall be made available (by purchase or otherwise) by the Registrar.
(3) Where a form is approved for a transaction, the Registrar shall not register an instrument purporting to effect that transaction unless the instrument is in that form.
(4) An approved form may be varied as the character of the parties or the circumstances of the case require.
(5) An instrument in a form varied in accordance with Subsection (4) shall be deemed to be in the approved form.
19. ATTESTATION OF INSTRUMENTS.
(2) A witness attesting an instrument to which Subsection (1) applies, shall certify–
(a) in all cases–that the person executing the instrument is personally known to the witness; and
(b) in the case of an instrument executed by a person who signs by a mark–that the person executing the instrument appears to understand the nature of the instrument.
(3) Where an instrument lodged for registration is not properly attested, the Registrar may, in his discretion, register the instrument if the genuineness of the signature is proved to his satisfaction.
(4) This section does not apply to–
(a) State leases; or
(b) caveats or withdrawals of caveats; or
(c) powers of attorney or revocations of powers of attorney.
20. CERTIFICATE REQUIRED OF CORRECTNESS OF INSTRUMENTS.
(2)[15] [16]A person who falsely or negligently certifies to the correctness of an instrument is guilty of an offence.
Penalty: A fine not exceeding K200.00.
(3) The imposition of a penalty under Subsection (2) does not prevent a person who has sustained damage or loss in consequence of falsehood or mistake in a certified instrument from recovering damages against the person who certified the instrument.
21. INSTRUMENTS MAY BE LODGED IN DUPLICATE.
(2) Where the Registrar receives documents which appear to be duplicates or triplicates of an instrument–
(a) he is not required to compare those documents to ensure that they are duplicates or triplicates, as the case may be; and
(b) he does not incur or become subject to any liability, action or other proceeding in consequence of any error, mistake or discrepancy relating to the instrument or an apparent duplicate or triplicate of the instrument.
22. INSTRUMENTS TO BE ACCOMPANIED BY TITLE.
(2) The Registrar may accept an instrument for registration subject to production of the instrument of title within the prescribed period.
Division 4.
The Registration Process.
23. REGISTRATION OF INSTRUMENTS.
24. PRIORITY FOR REGISTRATION.
(a) shall be registered in the order in which they are produced to the Registrar for that purpose; and
(b) purporting to affect the same estate, interest or security–shall, notwithstanding any express, implied or constructive notice, be entitled to priority according to the dates of the production of the instruments for registration, and not according to the dates of the instruments.
(2) Where–
(a) an instrument produced to the Registrar for registration cannot be registered because of the non-production of the instruments of title relating to the estate or interest or security proposed to be dealt with; and
(b) another instrument (in this subsection called “the subsequent instrument”) executed by the same proprietor and purporting to transfer or otherwise deal with the same estate or interest or the same security is produced to the Registrar for registration and is accompanied by the instruments of title,
the subsequent instrument shall be registered and the instrument referred to in Paragraph (a) shall be refused registration.
25. MANNER OF EFFECTING REGISTRATION.
(2)[19] [20]Where an instrument referred to in Subsection (1) affects a registered dealing the instrument is registered as soon as a memorial of the instrument is entered in the Register on the instrument relating to that dealing.
(3) A memorial referred to in Subsections (1) and (2) shall–
(a) state the day and hour of production for registration of the instrument to which it relates; and
(b) contain such other particulars as the Registrar directs; and
(c) be signed by the Registrar.
(4) Where a memorial of an instrument has been entered in the Register Book in accordance with Subsection (1) or (2), as the case may be, the Registrar shall record the same memorial on the instrument of title to the estate or interest intended to be dealt with or in any way affected.
(5)[21] [22]An instrument registered under Subsection (1) or (2) shall be endorsed by the Registrar with a memorandum of the day and hour on which the memorial was entered in the Register, and the Registrar shall authenticate each endorsement by signing his name and affixing his seal to the endorsement.
(6) An instrument endorsed and authenticated under this section is conclusive evidence of–
(a) the particulars set out in the instrument; and
(b) the covenants, conditions and matters expressed in the instrument or implied under this Act; and
(c) the fact that the instrument has been duly registered.
(7)[23] [24]A person, who fraudulently–
(a) registers or procures registration of a folio of the Register; or
(b) makes, alters or deletes a recording in the Register; or
(c) alters an instrument held by the Registrar,
is guilty of an offence.
Penalty: A fine not exceeding K4,000.00.
26. EFFECT OF REGISTRATION.
(a) the estate or interest specified in the instrument passes or ceases; or
(b) the land becomes liable as security; or
(c) the land is encumbered,
in the manner and subject to the covenants and conditions set out in the instrument or declared by this Act to be implied in instruments of that nature.
(2)[25] [26]As soon as a memorial of an instrument has been entered on the appropriate folio of the Register, the instrument shall be deemed to be embodied in the Register.
27. EFFECTIVE DATE OF REGISTRATION.
(2) The date of production of an instrument to the Registrar for the purpose of registration shall be deemed to be the date of registration of the instrument.
28. STATUS OF REGISTERED INSTRUMENT.
“interest holder” means a purchaser of the reversion, lessee, mortgagee, chargee or encumbrancee;
“tenancy document” means–
(a) an unregistered lease; or
(b) an agreement for a lease; or
(c) a lease for a term not exceeding three years.
(2) A registered dealing with land is subject to a prior tenancy document where a tenant is in actual occupation under the document.
(3) No right or covenant contained in a tenancy document–
(a) to purchase the freehold the subject of that document; or
(b) for the renewal of the tenancy, the subject of that document,
is valid against a subsequent interest holder, unless the tenancy document is registered or protected by caveat.
(4) An instrument referred to in Subsection (2) imposes the same obligations on the persons signing it, and for the same period of time, as if it had been sealed and delivered.
29. INSTRUMENTS OF TITLE TO BE RETURNED.
30. PROCEDURE FOR REGISTRATION IN CERTAIN CASES.
(a) immediately; or
(b) at the expiration of a period determined by the Registrar,
and direct any other entries to be made which in his opinion are necessary.
(2) No registration or entry under Subsection (1) which would interfere with the right of a person claiming under an instrument previously registered under this Act shall be made except subject to that instrument.
31. REMAINDERMAN, ETC., MAY BE REGISTERED.
(2) Where a certificate of title has been issued in respect of a limited estate, the person entitled in reversion or remainder may apply to be registered as so entitled.
(3) On an application under Subsection (2), the Registrar–
(a) shall cause the title of the applicant to be investigated; and
(b) may cause advertisements to be published in the manner provided in the case of transmission of estates of freehold.
(4) After an investigation under Subsection (3), the Registrar may, subject to Subsection (5), register the applicant for the estate or interest to which he appears to be entitled unless a caveat forbidding the registration is received within the time limited in the direction or by any order of the Court.
(5)[28] [29]The Registrar shall endorse on the certificate of title of the land, if produced to him for that purpose–
(a) a memorandum that the applicant has been entered in the Register Book as remainderman or reversioner, as the case may be; and
(a) a memorandum that the applicant has been entered in the Register as remainderman or reversioner, as the case may be; and
(b) the day and hour when the entry was made.
Division 5.
Status of Registered Proprietor.
32. DESCRIPTION OF CERTAIN PERSONS AS PROPRIETOR.
(a) describes a person as the proprietor of an estate or interest; or
(b) indicates, by any other form of words, that a named person is seised of, or entitled to, or has taken, an estate or interest,
that person is the registered proprietor of the estate or interest.
33. PROTECTION OF REGISTERED PROPRIETOR.
(a) in the case of fraud; and
(b)[30] the encumbrances notified by entry or memorial on the relevant folio of the Register; and
(c) the estate or interest of a proprietor claiming the same land under a prior instrument of title; and
(d) in case of the omission or misdescription of any right-of-way or other easement created in or existing on the same land; and
(e) in case of the wrong description of the land or of its boundaries; and
(f) as to a tenancy from year to year or for a term not exceeding three years created either before or after the issue of the instrument of title of the registered proprietor; and
(g) as provided in Section 28; and
(h) a lease, licence or other authority granted by the Head of State or a Minister and in respect of which no provision for registration is made; and
(i) any unpaid rates, taxes, or other money which, without reference to registration under this Act, are expressly declared by a law to be a charge on land in favour of the State or of a Department or officer of the State or of a public corporate body.
(2) The operation of Subsection (1) is not affected by the existence in any other person of an estate or interest, whether derived by grant from the State or otherwise, which, but for this Act, might be held to be paramount or to have priority.
34. JOINT PROPRIETORS.
PART IV. – STATE LEASES.
35. REGISTER TO BE MAINTAINED.
(2)[31] [32]Entries which in the case of a lease granted by a registered proprietor would require to be made in the Register shall in the case of a State lease be made in the Register of State Leases and on the folio constituted by the State lease.
(3) Notwithstanding this section and Section 36, in accordance with Section 42 a transfer of a State lease shall be made by separate instrument and not by endorsement.
(4)[33] [34]The Registrar of Titles shall not register any dealing involving land the subject of a State lease unless–
(a) he is satisfied that the rent payable to the State under the State lease has been paid to date and the improvement covenants or conditions (if any) specified in the State lease have been performed; or
(b) special grounds of an urgent or exceptional character allow for the dispensation with the fulfilment of the requirements of Paragraph (a).
36. APPLICATION OF ACT TO STATE LEASES.
(a)[35] the Register of State Leases were the Register; and
(b) a State lease were a certificate of title.
[36](2) In particular, a State lease, on registration, is subject to the provisions of this Act, and may be dealt with for the same purposes and in the same manner, subject to the Land Act 1996, as if it had been granted by a registered proprietor and registered in the Register.
(3) Notwithstanding Subsection (1)(b), a State lease may be dealt with in any manner applicable to any other form of lease.
37. ALTERATION OR VARIATION.
(a) the purpose of a State lease is varied under Section 119(1) of the Land Act 1996; or
(b) the covenants or conditions of a State lease are altered in any way under Section 40(2) of that Act,
the lessor and lessee may execute an instrument in the approved form notifying the Registrar of the variation or alteration.
(2) The Registrar shall enter the terms of any variation or alteration, referred to in Subsection (1), in the Register of State Leases.
(3) On the making of an entry under Subsection (2), the terms of the State lease shall be varied or altered accordingly.
38. SURRENDER OF STATE LEASE.
(2) Subject to this section, where a State lease has been surrendered–
(a) by an instrument in the prescribed form; or
(a)[37] by an instrument in the approved form; or
(b) subject to Subsection (3), by endorsement on the State lease or its counterpart; or
(c) subject to Subsection (5), by operation of law,
an application may be made to the Registrar for registration under Subsection (5) in relation to that State lease.
(3) The endorsement made under Subsection (2) shall be–
(a) expressed in the word “surrendered” with the date of the surrender; and
(b) signed by the lessee and by the lessor as evidence of acceptance of the surrender; and
(c) attested in accordance with Section 19.
(4) An application under Subsection (2)(c) shall be accompanied by satisfactory evidence of facts amounting to a surrender.
(5) Where an application is made under Subsection (2), the Registrar shall register the surrender.
(6) Where registration is effected under Subsection (5), the estate of the lessee is extinguished.
(7) The production of–
(a) a State lease or counterpart endorsed in accordance with Subsection (3); or
(b) an instrument executed in accordance with the prescribed form,
(b)[38] an instrument executed in accordance with the approved form,
is sufficient evidence that the State lease has been surrendered.
(8) A State lease subject to a mortgage or charge shall not be surrendered without the consent of the mortgagee or chargee, as the case may be.
39. REGISTRAR TO ENTER FORFEITURE.
40. REGISTRATION OF STATE LEASE NOT EXECUTED BY LESSEE.
(2) An application under Subsection (1) shall be accompanied by evidence that–
(a) the State lease the subject of the application has been granted to the lessee; and
(b) in all the circumstances of the case it is not practicable to obtain the signature of the lessee.
(3) Where the Registrar registers a State lease on an application under Subsection (1) he shall endorse a memorial on the lease to the effect that the lease was by virtue of this section, registered although not executed by the lessee.
(4) On registration of a State lease by virtue of this section the lease shall be deemed to have been duly executed by the lessee.
41. SURRENDER OF LAND SUBJECT TO RESTORATION ORDER.
(2) A registered lease over land the subject of a restoration order may be surrendered in accordance with an instrument referred to in Section 56(2) and the Registrar shall annex the instrument to the copy of the order held by him.
(3) When the instrument is annexed to the order under Subsection (2), the estate of the lessee is extinguished.
(4) Where an order referred to in Subsection (2) is implemented the Registrar shall register the surrender.
PART V. – TRANSFER OF LAND.
42. REQUIREMENTS FOR TRANSFER.
(2) The consideration for a transfer of land shall be specified in the transfer.
(3)[41] [42]Where the consideration is not an amount of money the approved form of transfer shall be amended to state concisely the nature of the consideration.
(4)[43] [44]A person who executes a transfer of land which does not specify the correct consideration for that transfer is guilty of an offence.
Penalty: A fine not exceeding K200.00.
(5) A transfer of land shall be lodged for registration as a single original document.
(6) Subject to Sections 13 and 162, on completion of registration the Registrar shall–
(a) in the case of a transfer which relates to the whole of the land in a certificate of title–issue to the transferee the duplicate of the certificate of title lodged with the transfer; and
(b) in the case of a transfer which relates to a part of the land in a certificate of title–re-issue to the transferor his duplicate of the certificate of title cancelled