Public Recorder Act

Deeds recorded within three months after execution valid to pass freehold without Short title This Act may be cited as the Public Recorder Act (2023 Revision). Definitions In this Act — “indices” includes all indices, abstract books and catalogues relating to public records, registered deeds and writings or registers in any of the offices; “offices” means the offices listed in the Schedule; “public records” includes all rolls, writs, books, proceedings, laws, decrees, wills, warrants, accounts, papers and documents of any kind of a public nature, deposited in any of the offices; “records” includes both public records and registered deeds and writings, and also transcripts of the same contained in any register book; “register book” includes any book or volume in any of the offices containing records, as well as any transcript made or to be made of any such book; “registered deeds and writings” includes all deeds, wills, conveyances, charters, bonds, bills of sale, patents, certificates, letters patent, specifications, petitions, disclaimers, memoranda, powers of attorney, accounts, inventories, maps, plans and all other instruments and writings whatever, which before or after the 2nd January, 1968 in any of the offices are recorded, registered or otherwise on record; “registers” includes all records and enrolments of registered deeds and writings in any of the offices; and “transcribe” and “transcript” include print and printed or photographic copy. Public Recorder and Deputy (1) The Governor shall appoint a fit and proper person to be the Public Recorder for the purpose of recording wills, deeds and other documents. (2) The Public Recorder may, by writing under the Public Recorder’s hand, appoint a person approved by the Governor to be Public Recorder’s Deputy, and whenever the Public Recorder is absent from the Islands or unable to perform the Public Recorder’s duties for a period not exceeding six months, all the duties and privileges of the office of the Public Recorder shall devolve upon the Deputy in like manner as if that Deputy were themselves the Public Recorder. Documents for recording (1) Every person desirous of having recorded any document which may be recorded by the Public Recorder shall present the same to the Public Recorder with one record copy which shall be printed, typewritten, photographed or reproduced in such other visible form as may be approved by the Public Recorder. (2) The Public Recorder shall not be required to record any document unless — (a) a record copy is presented to the Public Recorder with the original in accordance with subsection (1); and (b) there is paid to the Public Recorder in respect of a document containing one or more pages, a fee of one hundred dollars. (2A) Notwithstanding subsection (2)(b), where a person who is sixty-five years of age or older submits a deed poll to the Public Recorder to be recorded, the person shall pay to the Public Recorder fifty percent of the fee specified in subsection (2)(b). (3) The Public Recorder shall diligently compare the record copy of any document with the original and shall certify every page thereof to be a true copy of the original after making any emendation that may be necessary to correct any discrepancies therein. The Public Recorder shall then bind the record copy and retain and number the same, and it shall thereupon become the legally recorded copy of the original, and shall be sufficient evidence of the contents of the original as recorded. Copies of documents (1) The Public Recorder, on the request of any person who pays to the Public Recorder the fees specified in subsection (2), shall make a copy of any recorded document in the Public Recorder’s possession and deliver the same duly certified to such person. (2) The fee payable for a copy of a document containing one or more pages is fifty dollars with an additional fee of fifty dollars being payable in respect of each copy certified by the Public Recorder. (3) The Public Recorder shall not be required to complete the copying of any document in less than seventy-two hours from the time when the request for a copy is made to the Public Recorder, but the Public Recorder may, at the request of the person requiring the copy and on payment to the Public Recorder of a waiver of notice fee equivalent to fifty per cent of the fee payable under subsection (2), prepare the required copy in less than seventy-two hours. For the purposes of this subsection, Sundays and public holidays shall not be counted in computing the period of seventy-two hours. Search Any person wishing to have a search made for a recorded copy of any document shall pay to the Public Recorder a fee of five dollars for each year in respect of which search is required to be made. Waiver of fees for Government No fee shall be payable by the Government for any service rendered to it by the Public Recorder. Deeds recorded within three months after execution valid to pass freehold without delivery, etc. (1) A deed made in due form of law and within three months after the date thereof acknowledged by the party or parties that grant the same or proved by the oath of one sufficient witness or more in accordance with law, and recorded at length in any of the offices within the said three months, shall be valid to pass the freehold without livery, seisin, attornment or other act or ceremony in the law whatsoever. (2) No deed made from and after the passing of this Act without such acknowledgement or proof and recording shall be sufficient to pass away any freehold or inheritance or to grant any lease for above the space of three years. Deeds to be recorded within ninety days Every deed which shall be made or executed within these Islands, for any estate or interest in land whatsoever shall be duly proved or acknowledged and recorded within ninety days after the date thereof, otherwise to stand void and of no effect against all other purchasers or mortgagees bona fide for valuable consideration as aforesaid: Provided always that in the case of every deed, whether made or executed in or out of these Islands, if a purchaser or mortgagee of any estate or interest in land shall omit to prove and record that purchaser’s or mortgagee’s deed within the time and pursuant to the manner prescribed by this Act, but shall at any time afterwards do the same, no subsequent conveyance or mortgage being made by the first vendor or mortgagor, their personal representatives or assigns, the same shall nevertheless be good to the said purchaser, mortgagee or personal representatives, and a perpetual bar against the first vendor or mortgagor and their personal representatives, notwithstanding anything to the contrary in this or any other law. Sealing

All patents granted after the year 1681 and enrolled within six months after the sealing of such patents, as likewise all such patents as are already there enrolled shall be good and valid in law notwithstanding any clause inserted in the said patent directing the contrary. Records to be sufficient evidence

Subject to this Act, the records of any letters patent enrolled and the records of any deed duly executed and proved or acknowledged and recorded in accordance with this Act, and the record of any last will and testament duly executed according to law and proved shall at all times be deemed sufficient evidence of the several persons’ titles to any estate or interest in land claimed thereunder, and the same shall be read and allowed in every court within these Islands as if the original patent, deed, conveyance or will were actually produced, proved and read in such court. Mortgagees having been paid to enter satisfaction

Any mortgagee of any lands, tenements, real or personal estates whatsoever within these Islands, having received full satisfaction and payment of all such sum and sums of money as are really due to the mortgagee by such mortgagor shall, at the request of the mortgagor, enter satisfaction upon the margin of such mortgage, recorded or to be recorded in the office of the Public Recorder which shall forever hereafter discharge, defeat and release the same, and shall likewise perpetually bar all actions brought or to be brought thereupon in any court of record within these Islands; and if such mortgagee shall not, within three months after request and tender made for that mortgagee’s reasonable charges, repair to the office of the Public Recorder or other proper office and there make such acknowledgement as aforesaid, that mortgagee so refusing shall, for every such offence, forfeit and pay unto the party or parties aggrieved the sum of one hundred dollars, to be recovered in any court of record within these Islands. Penalty on persons selling, etc., the same land twice over

If any vendor or mortgagor of lands, tenements, or hereditaments within these Islands shall presume to execute a second or other deed of conveyance or sale of the same lands, tenements or hereditaments other than to the first vendee of such lands, tenements or hereditaments, or a second or other deed of mortgage without having taken notice in the said deed of mortgage of the first or prior mortgage or mortgages with which the said land, tenements or hereditaments stand charged at the time of executing the said deed, all and every person and persons so offending shall be tried and punished and subject to like forfeitures and penalties as by the laws of England is provided against all such persons as shall execute deeds of mortgage without taking notice of all prior mortgages made. Searches in office of Public Recorder

All persons interested in making searches in the office of the Public Recorder shall be at liberty to search and examine at such times as may be notified in the Gazette, the public records, registers and indices in the office, and to take abstracts or other short notes of any matters in the same, and to inspect in the presence of some person belonging to the office any original registered deed or writing to which reference is obtained in such searches. Non-application to certain documents 2004 Revision

This Act has no application in respect of any document evidencing any transaction registrable under the Registered Land Act (2004 Revision) in respect of any parcel of land, lease or charge registered under that law. (section 2) Office of the Governor Office of the Public Recorder Office of the Clerk of the Court Office of the Coroner Office of the Registrar of Lands. Publication in consolidated and revised form authorised by the Cabinet this 10th day of January, 2023. Kim Bullings Clerk of Cabinet Table of Legislation history: SL # Law/Act # Legislation Commencement Gazette 4/2022 Public Recorder (Amendment) Act, 2022 28-Jun-2022 LG23/2022/s4 56/2020 Citation of Acts of Parliament Act, 2020 3-Dec-2020 LG89/2020/s1 Public Recorder Law (2010 Revision) 22-Nov-2010 G24/2010/s7 31/2009 Public Recorder (Amendment) Law, 2009 6-Jan-2010 GE3/2010/s3 Public Recorder Law (2007 Revision) 20-Aug-2007 G17/2007/s4 11/2006 Public Recorder (Amendment) Law, 2006 1-Jul-2006 GE14/2006/s3 Public Recorder Law (1996 Revision) 23-Dec-1996 G26/1996/s3 23/1991 Fees (Miscellaneous Amendments) Law, 1991 (part) 15-Jan-92 GE.15Jan/1992/s2 Public Recorder Law (1978 Revision) 8-May-78 G10/1978/s3 21/1971 Registered Land Law, 1971 (part) 19-Apr-1972 GN82/1972 41/1967 Public Recorder (Amendment) Law, 1967 2-Jan-1968 GN153/1967 Cap 143/1964 Public Recorder Law 1-Jan-1964 Laws of the CI (Vol I – p. 1881) (Price: $3.20)