LAND TITLE REGISTRATION LAW, 1986 (PNDCL 152)
PROVISIONAL NATIONAL DEFENCE COUNCIL DECREE
LAND TITLE REGISTRATION LAW, 1986 (PNDCL 152)
ARRANGEMENT OF SECTIONS
Section
PART I—ESTABLISHMENT OF LAND TITLE REGISTRY AND APPOINTMENT OF OFFICERS
1. Establishment of Land Title Registry
2. Seals of Registry offices
3. Appointment of Chief Registrar of Lands and Land Registrars, etc.
4. Appointment of other officers and employees
PART II—COMPILATION OF THE REGISTER
Sub-Part I—General Provisions
5. Declaration of registration districts
6. Demarcation and survey of boundaries
7. Division of registration districts into sections
8. Functions of the Chief Registrar of Lands
9. Powers of the Land Registrars
10. Establishment of Title Registration Advisory Board
11. Chief Registrar of Lands to give notice of registration districts
12. Staying of land suits
13. Compilation of register of lands in respect of which instruments have been registered under Act 122, etc.
14. Time and manner of first registration
15. Description of lands affected by any dealings
16. Form of register
17. Cancellation of obsolete entries
18. Conclusiveness of the register
19. Who may be registered as proprietor of land; registrable interests.
20. Power of Land Registrar to reject application for first registration, etc.
21. Land Registrar to notify grounds of refusal to register, etc.
Sub-Part II—Adjudication of Title
22. Establishment of Land Title Adjudication Committees
23. Claims
24. Notice of survey and demarcation of land in registration districts.
25. Notice of commencement of demarcation
26. Surveyor to ensure demarcation of boundaries
27. Rules to be followed by Adjudication Committee
28. Adjudication record
29. Notice of completion of the adjudication record
30. Objections
31. Procedure for hearing objections
32. Correction of the adjudication record
33. Finality of Adjudication record
PART III—MAPS, PARCELS AND BOUNDARIES
34. Registry map
35. Alteration of registry map and preparation of new editions
36. Further surveys
37. General boundaries
38. Fixed boundaries
39. Maintenance of boundary features
40. Interference with boundary features
41. Combination and subdivision of parcels
42. Change of layouts of contiguous parcels
PART IV—EFFECT OF REGISTRATION
43. Indefeasibility of title
44. Effect of registration with provisional title
45. Conversion of provisional title into absolute title
46. Overriding interests
47. Interests conferred by registration
48. Voluntary transfer
49. Acquisition of title by the State in respect of unclaimed land or interest
50. Entries to constitute actual notice
PART V—CERTIFICATES AND SEARCHES
51. Land certificates
52. Creation of new folios and issue of new land certificates
53. Substituted land certificates
54. Provisional certificates
55. Land certificates to be produced and noted on dealings
56. Searches and copies
57. Evidence
PART VI—DISPOSITIONS
Sub-Part I—General Provisions
58. Disposition of registered land and interests in land
59. Protection of persons dealing with registered land
60. Time-limit for registration of instruments
61. Power to compel registration
62. Priority of registered interests
63. Stay of registration
64. Merger of registered interests
Sub-Part II—Leases
65. Form and registration of leases
66. Lessor's consent to assignment of lease
67. Lease granted in breach of an obligation
68. Variation and extension of leases
69. Substitution of leases
70. Surrender of leases
71. Determination of leases
Sub-Part III—Mortgages
72. Form and effect of mortgages
73. Mortgagee's consent to transfer
74. Variation of mortgage
75. Second and subsequent mortgages
76. Further advances
77. Discharge of mortgage
78. Satisfaction of mortgage
Sub-Part IV—Transfers
79. Transfers
80. Conditions of transfers not registrable
81. Order of the Court transferring or vesting land or interest in land to be entered in land register
82. Transfer of parts of lands
Sub-Part V—Easements, Restrictive Agreements, Profits, and Licences
83. Registration of easements
84. Registration of restrictive agreements
85. Registration of profits
86. Release and cancellation of easements, profits and restrictive agreements
87. Licences
Sub-Part VI—Co-proprietorship and Partition
88. Registration of more than one proprietor
89. Partition of land and interests held in joint proprietorship or proprietorship in common; severance of joint proprietorship.
90. Power of Land Registrar to order sale
91. Procedure where share of land to be partitioned is small
PART VII—INSTRUMENTS AND AGENTS
92. Form of instruments
93. Execution of instruments
94. Verification of execution of instruments
95. Stamps
96. Disposal of instruments
97. Infants
98. Agents and persons under disability
99. Gift to a person under disability
100. Registration of powers of attorney
101. Effect of registered powers of attorney
PART VIII—TRANSMISSION AND TRUSTS
102. Transmission on death of joint-proprietors
103. Transmission on death of sole proprietor or proprietors in common.
104. Transmission on death of a proprietor
105. Transmission in bankruptcy or insolvency
106. Liquidation
107. Transmission in other cases
108. Trusts
109. Survivor of trustees
110. Registration of Stools and families
PART IX—RESTRAINTS ON DISPOSITION
111. Caveats
112. Notice and effect of caveats
113. Withdrawal and removal of caveats
114. Further caveats in respect of the same matter
115. Wrong caveats
116. Land Registrar to give notice of intention to register instruments affected by caveat
117. Lapsing of caveats
118. Restrictions
119. Notice and effect of restriction
120. Removal and variation of restriction
PART X—RECTIFICATION AND INDEMNITY
121. Rectification by the Land Registrar
122. Rectification by Court
123. Right to indemnity
124. Amount of indemnity
125. Procedure of claiming indemnity
126. Recovery of indemnity paid
127. Errors in survey
PART XI—MISCELLANEOUS
128. Protection of officers
129. Fees
130. Offences
131. Appeals
132. Effect of appeals on registration
133. Chief Registrar to state special case to the High Court
134. Regulations
135. Application
136. Conflict with other laws
137. Law to bind the Republic
138. Repeals
139. Interpretation
IN pursuance of the Provisional National Defence Council (Establishment) Proclamation, 1981, this Law is hereby made:
PART I—ESTABLISHMENT OF LAND TITLE REGISTRY AND APPOINTMENT OF OFFICERS
Section 1—Establishment of Land Title Registry and Appointment of Officers.
(1) There shall be established a Land Title Registry (in this Law referred to as "the Registry") with offices at such place or places as the Provisional National Defence Council Secretary responsible for Lands (in this Law referred to as "the Secretary") may from time to time by legislative instrument determine on the advice of the Title Registration Advisory Board established under section 10 of this Law (referred to in this Law as "the Board").
(2) There shall be kept and maintained in every Registry office established under subsection (1) of this section the following—
(a) a register which shall constitute the land register;
(b) a map to be known as the registry map;
(c) parcel files containing the instruments which support subsisting entries in the register and any filed plans and documents;
(d) a book to be known as the presentation book in which shall be kept a record of all applications numbered consecutively in the order in which they are presented to the Registry;
(e) an index arranged in alphabetical order of the names of the proprietors of land and interests in land, showing the numbers of the parcels of which they are proprietors or in which they hold interests; and
(f) a register and a file of powers of attorney.
Section 2—Seals of Registry Offices.
Every Registry office shall have a seal and every instrument purporting to bear the imprint of such a seal shall be admissible in evidence and, unless the contrary is shown, shall be deemed without proof to have been issued by an order or under the direction of the Chief Registrar of Lands appointed under section 3 of this Law.
Section 3—Appointment of Chief Registrar of Lands and Land Registrars, Etc.
(1) There shall be a Chief Registrar of Lands (referred to in this Law as "the Chief Registrar"), who shall be appointed by the Provisional National Defence Council in consultation with the Public Services Commission.
(2) The Chief Registrar shall be assisted in the performance of his functions under this Law by Land Registrars and Assistant Land Registrars (referred to in this Law as "Land Registrars") all of whom shall be appointed by the Provisional National Defence Council in consultation with the Public Services Commission.
Section 4—Appointment of Other Officers and Employees.
The Secretary shall in consultation with the Public Services Commission appoint such other officers and employees as may be necessary for carrying out the provisions of this Law.
PART II—COMPILATION OF THE REGISTER
Sub-Part I—General Provisions
Section 5—Declaration of Registration Districts.
The Secretary may by legislative instrument declare any area specified in the instrument to be a registration district.
Section 6—Demarcation and Survey of Boundaries.
(1) Where an area is declared a registration district under section 5 of this Law, the Chief Registrar, if he deems it fit so to do, may in consultation with the Director of Surveys direct that the boundaries of any land in the registration district to which the declaration relates be demarcated or that a survey be made of such boundaries or both.
(2) The Chief Registrar may, in consultation with the Director of Surveys, direct any official or licensed Surveyor or his agents and workmen to enter upon any land which he is appointed to demarcate or survey within a registration district and may make all enquiries or do or cause to be done all things necessary for effecting the land demarcation of the boundaries and survey of such land.
Section 7—Division of Registration Districts into Sections.
The Chief Registrar may divide a registration district into registration sections.
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