2017-0004

volumetric parcels

and restrictive agreements

and restrictive agreements

public use

The Registered Land (Amendment) Bill, 2017

A BILL FOR A LAW TO AMEND THE REGISTERED LAND LAW (2004 REVISION) TO MAKE PROVISION FOR THE REGISTRATION OF VOLUMETRIC PLANS AND PARCELS; REGISTRATION OF POSITIVE COVENANTS; THE DEDICATION OF LAND FOR PUBLIC USE; AND FOR INCIDENTAL AND CONNECTED PURPOSES

ENACTED by the Legislature of the Cayman Islands.

Order made by the Cabinet.

principal Law, is amended in section 2 as follows - (a) by inserting in the appropriate alphabetical sequence, the following definitions - “base parcel” means the parcel in relation to which a volumetric plan has been registered;

“volumetric parcel” means a parcel shown as such on a volumetric plan; and Short title and commencement Amendment of section 2 - definitions

The Registered Land (Amendment) Bill, 2017 “volumetric plan” means a plan that defines land using threedimensionally located points to identify the position, shape and dimensions of each bounding surface and may contain one or more volumetric parcels consisting of or including volumetric space.”.

(a) in subsection (2) by deleting paragraph (ii) and substituting the following - “(ii) subject to the consent of the lessee, no parcel which is subject to a lease shall be subdivided so as to subdivide the land comprised in such a lease;” and (b) by inserting after section 21(2), the following new subsection - “(3) Upon the application by a proprietor of a parcel for the division of his parcel into a base parcel and one or more volumetric parcels, in accordance with a volumetric plan, the Registrar shall - (a) file the volumetric plan and assign it a volumetric plan number;

(b) open a new register in respect of each volumetric parcel shown on the volumetric plan; and (c) in respect of the register relating to the base parcel, note in the encumbrances section, the easements in favour of the volumetric parcels that have been opened;

Provided that - (i) nothing shall be done under this section which would be inconsistent with this or any other law;

(ii) subject to the consent of the lessee, no parcel which is subject to a lease shall be subdivided so as to subdivide the land comprised in such a Amendment of section 21 - combinations and subdivisions

The Registered Land (Amendment) Bill, 2017

lease; and (iii) where a proprietor is subdividing his parcel for the purpose of a building development, the Registrar may require him to submit an authenticated survey plan of the proposed subdivisions prepared by a surveyor authorised under the Land Surveyors Law (1996 Revision) and certified by the appropriate authority as conforming with the requirements of any planning law for the time being in force.”.

following Division - “Division 3A - Volumetric Plans and Volumetric Parcels A volumetric parcel is land

of sections 23 and 24 of this Law to be a parcel and for all purposes to be land and any volumetric parcel created may devolve or be dealt with in the same manner and form as any other land, the title of which is registered under this Law.

(2) The right to structural support and access shall be implied, subject to any express provision in a covenant registered against the title, in favour of every volumetric parcel.

Volumetric plan can only be registered to one parcel

parcel but a volumetric plan shall not be filed in relation to more than one parcel.

Title to remain in proprietor of base parcel

volumetric parcel, shall remain in the proprietor of the base parcel.

Cancellation of a volumetric

of a volumetric plan are in common ownership, the proprietor of Amendment of Part II - insertion of new Division 3A - volumetric plans and volumetric parcels

The Registered Land (Amendment) Bill, 2017 plan the base parcel and volumetric parcels may apply in the prescribed form to the Registrar for that volumetric plan to be cancelled.

(2) If the Registrar is satisfied that an application is in order, the Registrar shall - (a) note in the Registers in respect of the volumetric parcels, that the volumetric parcels are closed;

(b) note in the Register in respect of the base parcel- (i) that title to the land comprised in the closed volumetric parcels reverts to the base parcel;

(ii) in the encumbrances section, the cancellation of any easements in favour of the volumetric parcels; and (iii) that the Register for the base parcel is closed; and (c) open a new Register in respect of the combined volumetric parcels and base parcel.”.

- Easements, Restrictive Agreements, Profits and Licences” and substituting the following heading “Division 5 - Easements, Positive and Restrictive Covenants, Profits and Licences”.

following - “Positive and restrictive covenants

lease or charge, contains a restrictive covenant by one proprietor restricting the building on or the user or other enjoyment of his land for the benefit of the proprietor of other land, and such instrument is presented to the Registrar, the Registrar shall note the restrictive covenant in the encumbrances section of the register of the land or lease burdened by the restrictive covenant, either by entering particulars of the restrictive covenant or by referring to the instrument containing the restrictive covenant and the Amendment to Part V - Division 5 - Heading Repeal and substitution of section 93 - restrictive agreements

The Registered Land (Amendment) Bill, 2017

Registrar shall file the instrument.

(2) Where an instrument, other than a lease or charge, contains a positive covenant by one proprietor mandating the building on or the user or other enjoyment of his land or other obligation for the benefit of the proprietor of other land, and the instrument is presented to the Registrar, the Registrar shall note the positive covenant in the encumbrances section of the register of the land or lease burdened by the positive covenant and in the property section of the land which benefits from the positive covenant, either by entering particulars of the positive covenant or by referring to the instrument containing the positive covenant and the Registrar shall file the instrument.

(3) Unless it is noted in the register, a positive or restrictive covenant is not binding on any person acquiring the land or lease.

(4) The note of a positive or restrictive covenant in the register does not give the positive or restrictive covenant any greater force or validity than it would have had if it had not been registrable under this Law and had not been noted.

(5) Insofar as a positive or restrictive covenant is capable of taking effect, not only the proprietors themselves but also their respective successors in title shall be entitled to the benefit and subject to the burden of the covenant respectively, unless the instrument otherwise provides.

(6) A positive covenant shall not prevent a person from - (a) registering an interest under this Law;

The Registered Land (Amendment) Bill, 2017 (b) exercising the person’s rights under a registered interest; or (c) releasing or surrendering a registered interest.

(7) A proprietor of two or more parcels may enter into a positive or restrictive covenant with himself.”.

(a) by deleting the marginal note thereto and substituting the following marginal note “Release and extinguishment of easements, profits, positive and restrictive covenants”; and (b) by deleting the words “or restrictive agreement” wherever they appear and substituting the words “, positive or restrictive covenants”.

(a) by deleting the marginal note thereto and substituting the following marginal note “discharge and modification of easements, profits, positive and restrictive covenants”;

(b) by renumbering section 96 as section 96(1);

(c) by deleting the words “easement, restrictive agreement or profit” and substituting the words “easement, profit, positive or restrictive covenant”;

(d) by deleting the words “or restrictive agreement” wherever they appear and substituting the words “, positive or restrictive covenants”; and (e) by inserting after subsection 96(1) as renumbered the following subsection -

“(2) Notwithstanding subsection (1), nothing prevents modification of an easement, profit, positive or restrictive covenant by agreement between the persons interested in, or affected by, the benefitted and burdened land.”.

following Division - “Division 5A - Dedication Of Land For Public Use Dedication of land for public use

Amendment of section 95 - release and extinguishment of easements, profits and restrictive agreements Amendment of section 96 - discharge and modification of easements, profits and restrictive agreements Amendment of Part V - Insertion of Division 5A - dedication of land for public use

The Registered Land (Amendment) Bill, 2017

prescribed form, dedicate his land for public use.

(2) The instrument creating the dedication shall specify clearly - (a) the nature of the dedication, the public use for which the land is dedicated, the period for which it is made (if any) and any conditions, limitations or restrictions intended to affect the enjoyment of the land; and (b) the land burdened by the dedication and, if required by the Registrar, the particular part thereof so burdened.

(3) The dedication of land for public use shall be completed by its registration as an encumbrance in the register of the land burdened and by filing the instrument.

Crown may dedicate land for road

Governor, may dedicate Crown land for public use as a road.

Land vest in the Crown

Discharge and modification of a dedication

Law that land vests in, or remains vested in, the proprietor of the land.

person interested in land affected by a dedication, by order, to wholly or partially extinguish or modify a dedication (with or without payments by the applicant of compensation to any person suffering loss in consequence of the order).

The Registered Land (Amendment) Bill, 2017 Meaning of public use

use as a public road, use for beach access or use for any other public purpose specified by Cabinet.”.

Passed by the Legislative Assembly the day of 2017.

Speaker.

Clerk of the Legislative Assembly.