{"kind":"expression","expression":{"expr_id":"231","doc_id":"231","label":"2018 Revision","is_as_enacted":"f","commenced_on":"2018-03-27","superseded_on":null,"valid_from":"2018-03-27","valid_to":null,"is_current":"t","incorporating":null,"akn_expr_iri":"\/akn\/ky\/act\/1971\/21\/eng@2018-03-27","akn_envelope":"{\"_canary\": {\"iri\": {\"work\": \"\/akn\/ky\/act\/1971\/21\", \"expression\": \"\/akn\/ky\/act\/1971\/21\/eng@2018-03-27\", \"manifestation\": \"\/akn\/ky\/act\/1971\/21\/eng@2018-03-27.pdf\"}, \"pdf\": {\"md5\": \"2fc74d5c70794977c34ab7492b8e64f1\", \"path\": \"\/Users\/q\/kyleg-data\/working\/PRINCIPAL\/1971\/1971-0021\/1971-0021_2018 Revision.pdf\", \"pages\": 69, \"filename\": \"1971-0021_2018 Revision.pdf\"}, \"errors\": [], \"extraction\": {\"model\": null, \"stats\": {\"word_count\": 26384, \"paragraph_count\": 165, \"text_char_count\": 168444}, \"usage\": null, \"method\": \"pymupdf-text\", \"version\": \"kyleg-akn-1.0\", \"extracted_at\": \"2026-06-22\"}, \"classification\": \"text_layer\", \"validation_flags\": [], \"docai_processor_id\": null}, \"akomaNtoso\": {\"act\": {\"body\": [{\"eId\": \"sec_n1\", \"num\": null, \"text\": \"Registered Land Law Registered Land Law REGISTERED LAND LAW (2018 Revision) PART I - Introductory\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_1\", \"num\": \"1.\", \"text\": \"Short title 1. This Law may be cited as the Registered Land Law (2018 Revision).\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_2\", \"num\": \"2.\", \"text\": \"Definitions 2. In this Law \u2014 \u201capplication book\u201d means the application book kept under section 4 (d); \u201cbase parcel\u201d means the parcel in relation to which a volumetric plan has been registered; \u201ccharge\u201d means an interest in land securing the payment of money or money\u2019s worth or the fulfilment of any condition, and includes a sub-charge and the instrument creating a charge; \u201cchargee\u201d means the proprietor of a charge; \u201cchargor\u201d means the proprietor of charged land or of a charged lease or charge; \u201ccourt\u201d, save as is otherwise expressly provided, means the Grand Court; \u201cdealing\u201d includes disposition and transmission; Registered Land Law \u201cdisposition\u201d means any act inter vivos by a proprietor whereby his rights in or over his land, lease or charge are affected, but does not include an agreement to transfer, lease or charge; \u201ceasement\u201d means a right attached to a parcel of land which allows the proprietor of the parcel either to use the land of another in a particular manner or to restrict its use to a particular extent, but does not include a profit; \u201cto file\u201d means to place in relative parcel file; \u201cguardian\u201d means any person responsible for protecting the interests of any person who is under a disability, whether by reason of age, unsoundness of mind or any other cause; \u201cinstrument\u201d includes any deed, judgment, decree, order or other document requiring or capable of registration under this Law; \u201cinterest in land\u201d includes absolute ownership of land; \u201cland\u201d includes land covered with water, all things growing on land and buildings and other things permanently affixed to land; \u201cLand Register\u201d means the Land Register compiled under Division 2 of Part II; \u201clease\u201d means the grant, with or without consideration, by the proprietor of land of the right to the exclusive possession of his land, and includes the right so granted and the instrument granting it, and also includes a sublease but does not include an agreement for a lease; \u201clessee\u201d means the holder of a lease; \u201clessor\u201d means the proprietor of leased land; \u201clicence\u201d means a permission given by the proprietor of land or a lease which allows the licensee to do some act in relation to the land or the land comprised in the lease which would otherwise be a trespass, but does not include an easement or a profit; \u201cparcel\u201d means an area of land separately delineated on the Registry Map and given a number; \u201cperiodic tenancy\u201d means a tenancy from year to year, half year to half year, quarter to quarter, month to month, week to week or the like; \u201cpersonal representative\u201d means executor of the will or administrator of the estate; \u201cprofit\u201d means the right to go on the land of another and take a particular substance from that land, whether the soil or products of the soil; \u201cproprietor\u201d means the person registered under this Law as the owner of land or a lease or a charge; \u201cthe register\u201d means the leaf of the Land Register kept in respect of a parcel of land or of a registered lease; Registered Land Law \u201cto register\u201d means to make an entry, note or record in the register under this Law, and \u201cregistered\u201d, \u201cunregistered\u201d and \u201cregistration\u201d bear a corresponding meaning; \u201cRegistrar\u201d means the Registrar of Lands appointed under section 5; \u201cregistration section\u201d means a registration section established under section 14; \u201cregistry\u201d means the land registry established under section 4; \u201cRegistry Map\u201d means the map or series of maps referred to in section 14; \u201ctransfer\u201d means the passing of land, a lease or a charge by act of the parties and not by operation of law, and also the instrument by which such passing is effected, but does not include an agreement to transfer; \u201ctransmission\u201d means the passing of land, a lease or a charge from one person to another by operation of law on death or insolvency or otherwise howsoever, and includes the compulsory acquisition of land under any written law; \u201ctrustee\u201d includes personal representative; and \u201cvaluable consideration\u201d includes marriage, but does not include a nominal consideration; \u201cvolumetric parcel\u201d means a parcel shown as such on a volumetric plan; and \u201cvolumetric plan\u201d means a plan that defines land using three-dimensionally 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.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_3\", \"num\": \"3.\", \"text\": \"Reconciliation with other laws 3. Except as otherwise provided in this Law, no other law and no practice or procedure relating to land shall apply to land registered under this Law so far as it is inconsistent with this Law: Provided that, except where a contrary intention appears, nothing in this Law shall be construed as permitting any dealing which is forbidden by express provisions of any other law or as overriding any other law requiring the consent or approval of any authority to any dealing. Registered Land Law PART II - Organisation and Administration Division 1 - Land Registries and Officers\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_4\", \"num\": \"4.\", \"text\": \"The land registry 4. There shall be established and maintained at Grand Cayman a land registry in which there shall be kept \u2014 (a) a register, to be known as the Land Register, in accordance with Division 2 of this Part; (b) a map to be known as the Registry Map, in accordance with Division 3 of this Part; (c) parcel files containing the instruments which support subsisting entries in the Land Register and any filed plans and documents; (d) a book, to be known as the application book, in which shall be kept a record of all applications numbered consecutively in the order in which they are made at the registry; (e) an index, in alphabetical order, of the names of the proprietors of land, leases and charges showing the numbers of the parcels in which they are interested; and (f) a register and a file of powers of attorney.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_5\", \"num\": \"5.\", \"text\": \"Registrar 5. (1) The Governor shall appoint a Registrar of Lands, who shall be responsible for administering the land registry in accordance with this Law and as many Assistant Registrars of Lands as may from time to time appear desirable. (2) The Registrar, without divesting himself of any of his own powers or duties may, in writing, authorise an Assistant Registrar to exercise and perform any of such powers and duties and may at any time, in writing, vary or revoke such authorisation.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_6\", \"num\": \"6.\", \"text\": \"General powers of Registrar 6. The Registrar may exercise the following powers in addition to any other powers conferred on him by this Law, that is to say he may \u2014 (a) require any person to produce any instrument, certificate or other document or plan relating to the land, lease or charge in question, and that person shall produce the same; (b) summon any person to appear and give any information or explanation respecting land, a lease or a charge or any instrument, certificate or other document or plan relating to the land, lease or charge in question, and such person shall appear and give such information or explanation; Registered Land Law (c) refuse to proceed with any registration if any instrument certificate, or other document, plan, information or explanation required to be produced or given is withheld or any act required to be performed under this Law is not performed; (d) administer oaths or take a declaration in lieu thereof, and may require that any proceedings, information or explanation shall be verified on oath or by statutory declaration; and (e) order that the costs, charges and expenses incurred by him or by any person in connection with any investigation or hearing held by him for the purposes of this Law shall be borne and paid by such person in such manner and in such proportions as he may think fit, and the amount of such costs, charges and expenses as shall have been incurred by the Registrar shall be deemed to be a fee to which sections 157 and 158 apply.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_7\", \"num\": \"7.\", \"text\": \"Indemnity of officers 7. The Registrar shall not, nor shall any other officer of the registry, be liable to any action or proceeding for or in respect of any act or matter done or omitted to be done in good faith in the exercise or supposed exercise of the powers of this Law, or any regulations made hereunder.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_8\", \"num\": \"8.\", \"text\": \"Seal of registry 8. The registry shall have a seal, and every instrument purporting to bear the imprint of such seal shall be received in evidence and, unless the contrary is shown, shall be deemed without further proof to be issued by or under the direction of the Registrar. Division 2 - The Land Register\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_9\", \"num\": \"9.\", \"text\": \"The Land Register 9. (1) The Land Register shall comprise a register in respect of every parcel which has been adjudicated in accordance with the Land Adjudication Law (1997 Revision) and a register in respect of each lease required by this Law to be registered. (2) Each register shall show whether the land is private land or Crown land and, in respect of private land, whether the title is absolute or provisional, and shall be divided into three sections as follows \u2014 (a) the property section, containing a brief description of the land or lease, together with particulars of its appurtenances and, where the title is provisional, of the information recorded in the adjudication record under section 16(1)(d) of the Land Adjudication Law (1997 Revision) and a reference to the Registry Map and filed plan, if any; Registered Land Law (b) the proprietorship section, containing the name and, where possible, address of the proprietor and a note of any inhibition, caution or restriction affecting his right of disposition; and (c) the incumbrances section, containing a note of every incumbrance and every right adversely affecting the land or lease. (3) No entry shall be required, in the proprietorship section, of land which is described as Crown land.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_10\", \"num\": \"10.\", \"text\": \"Compilation of the Land Register 10. Whenever an adjudication record has become final under section 22 of the Land Adjudication Law (1997 Revision) and the Adjudicator has delivered the adjudication record to the Registrar, the Registrar shall prepare a register for each parcel shown in the adjudication record and for any lease required to be registered, and shall register therein any of the particulars on the adjudication record which requires registration.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_11\", \"num\": \"11.\", \"text\": \"Manner of registration 11. (1) The first registration of any parcel shall be effected by the preparation of a register in accordance with section 9 and the signing by the Registrar of the particulars of the ownership and the particulars of incumbrances, if any, appearing thereon. (2) Every subsequent registration shall be effected by an entry in the register in such form as the Registrar may from time to time direct, and by the cancellation of the entry, if any, which it replaces.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_12\", \"num\": \"12.\", \"text\": \"Cancellation of obsolete entries 12. The Registrar may cancel any entry in the register which he is satisfied has ceased to have any effect.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_13\", \"num\": \"13.\", \"text\": \"New editions of Register 13. The Registrar may, at any time, open a new edition of a register showing only subsisting entries and omitting therefrom all entries that have ceased to have any effect. Registered Land Law Division 3 - Map, Parcels and Boundaries\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_14\", \"num\": \"14.\", \"text\": \"Registry Map 14. (1) The Registry Map shall be compiled from the demarcation maps made under the Land Adjudication Law (1997 Revision) and shall be divided into registration sections which, so far as is possible, shall have the same boundaries and names as the adjudication sections; the registration sections, where the adjudication sections are so divided, shall be divided into blocks which shall be given the same letters or numbers or combinations of letters and numbers as are given on the demarcation maps. (2) The parcels in each registration section or block shall be numbered consecutively following the numbering in the adjudication proceedings, and the name of the registration section and the number or letter of the block (if any) and the number of the parcel shall together be a sufficient reference to any parcel. (3) The Registrar may, at any time, cause registration sections or blocks to be combined or divided, or cause their boundaries to be varied. (4) A plan may be filed in respect of a particular parcel to augment the information available from the Registry Map, and the filing of the plan shall be noted in the register.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_15\", \"num\": \"15.\", \"text\": \"Correction of the Registry Map and new editions 15. (1) The Registrar may cause to be made a survey of any land for the purposes of this Law and, after informing every person affected thereby, may cause the Registry Map to be corrected as a result of such survey. (2) The Registrar may, at any time, direct the preparation of a new Registry Map or any part thereof, and there may be omitted therefrom any matter which the Registrar considers obsolete.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_16\", \"num\": \"16.\", \"text\": \"Mutation 16. (1) On the application of a proprietor of land, and subject to the agreement of all persons affected thereby, the Registrar may order the alteration of the Registry Map, but no such alteration shall be effected except on the instructions of the Registrar in writing in the prescribed form, to be known as a mutation form, and the mutation form shall be filed. (2) Whenever the boundary of a parcel is altered on the Registry Map, the parcel number shall be cancelled and the parcel shall be given a new number. Registered Land Law\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_17\", \"num\": \"17.\", \"text\": \"General boundaries 17. (1) Except where, under section 18, it is noted in the register that the boundaries of a parcel have been fixed, the Registry Map and any filed plan shall be deemed to indicate the approximate boundaries and the approximate situation only of the parcel. (2) Where any uncertainty or dispute arises as to the position of any boundary, the Registrar, on the application of any interested party, shall, on such evidence as the Registrar considers relevant, determine and indicate the position of the uncertain or disputed boundary. (3) Where the Registrar exercises the power conferred by subsection (2), he shall make a note to that effect on the Registry Map and in the register and shall file such plan or description as may be necessary to record his decision. (4) No court shall entertain any action or other proceedings relating to a dispute as to the boundaries of registered land unless the boundaries have been determined as provided in this section. (5) Except where, as aforesaid, it is noted in the register that the boundaries of a parcel have been fixed, the court or the Registrar may, in proceedings concerning the parcel, receive such evidence as to its boundaries and situation as it or he thinks fit.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_18\", \"num\": \"18.\", \"text\": \"Fixed boundaries 18. (1) If the Registrar, in his discretion, considers it desirable to indicate on a filed plan, or otherwise to define in the register, the precise position of the boundaries of a parcel or any parts thereof, or if any interested person makes application to the Registrar, the Registrar shall give notice to the owners and occupiers of the land adjoining the boundaries in question of the intention to ascertain and fix the boundaries. (2) The Registrar shall, after giving all persons appearing by the register to be affected an opportunity of being heard, cause to be defined by survey the precise position of the boundaries in question, file a plan containing the necessary particulars and make a note in the register that the boundaries have been fixed, and thereupon the plan shall be deemed to define accurately the boundaries of the parcel.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_19\", \"num\": \"19.\", \"text\": \"Maintenance of boundary features 19. (1) Every proprietor of land shall maintain in good order any feature which demarcate his boundaries, whether established pursuant to the requirements of any other law or pursuant to an order of the Registrar or of the proprietor\u2019s own accord. (2) The Registrar may, in writing, order the demarcation within a specified time of any boundary in such permanent manner as he may direct, and whoever, fails to Registered Land Law comply with such an order is guilty of an offence and liable on summary conviction to a fine of fifty dollars. (3) The Registrar may, in writing, order which of adjoining proprietors shall be responsible for the care and maintenance of any feature demarcating a common boundary, and any proprietor so ordered to be responsible who allows the boundary feature or any part of it to fall into disrepair or to be destroyed or removed is guilty of an offence and liable on summary conviction to a fine of fifty dollars.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_20\", \"num\": \"20.\", \"text\": \"Interference with boundary features 20. (1) Whoever wilfully defaces, removes, injures or otherwise impairs any boundary feature or any part of it unless authorised to do so by the Registrar is guilty of an offence and liable on summary conviction to a fine of two hundred dollars or to imprisonment for six months. (2) Any person convicted of such an offence, whether or not any penalty therefor is imposed upon him is liable to pay the cost of restoring the boundary feature, and such cost shall be recoverable as a civil debt by any person responsible under section 19 for the maintenance of the feature.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_21\", \"num\": \"21.\", \"text\": \"Combinations and subdivisions 21. (l) Where contiguous parcels are owned by the same proprietor and are subject in all respects to the same rights and obligations, the Registrar, on application by the proprietor, may combine those parcels by closing the registers relating to them and opening a new register or registers in respect of the parcel or parcels resulting from the combination. (2) Upon the application of the proprietor of a parcel for the division of his parcel into two or more parcels, the Registrar shall effect the division by closing the register relating to the parcel and opening new registers in respect of the new parcels resulting from the divisions, and recording in the new registers all subsisting entries appearing in the closed register: Provided that \u2014 (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 lease; and (iii) where a proprietor is subdividing his parcel for the purpose of building development, the Registrar may require him to submit a plan of the proposed subdivisions prepared by a surveyor authorised under the Land Surveyors Law (Revised) and certified by the appropriate Registered Land Law authority as conforming with the requirements of any planning law for the time being in force. (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 \u2014 (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 \u2014 (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 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. 21A. Division of land for estate purposes 21A. (1) Upon an application by the \u2014 (a) personal representative of an estate; (b) beneficiary of an estate; or (c) proprietors (where the parcel was previously transferred by a personal representative to persons entitled under a will or on intestacy), for the division of a parcel into two or more parcels, the Registrar shall effect the division by closing the register relating to the parcel and opening new registers in respect of the new parcels resulting from the divisions and recording in the new registers all subsisting entries appearing in the closed register. (2) An application under subsection (1) shall be accompanied by a plan prepared by a surveyor authorised under the Land Surveyors Law (1996 Revision). (3) For the avoidance of doubt, where a division of a parcel has been effected under this section, any application for development purposes in relation to any of the Registered Land Law new parcels shall be subject to the requirements of any planning law for the time being in force. (4) Cabinet may make regulations prescribing anything necessary or convenient for giving effect to the purposes of this section.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_22\", \"num\": \"22.\", \"text\": \"Reparcellation 22. (1) The Registrar may, on the application of the proprietors of contiguous parcels who are desirous of changing the layout of their parcels, and with the consent in writing of all other persons in whose names any right or interest in such parcels is registered, and of any cautioner, cancel the registers relating to such parcels and prepare new registers in accordance with the revised layout: Provided that, where in the opinion of the Registrar a proposed reparcellation involves substantial changes of ownership which should be effected by transfers without invoking this section, he may in his discretion refuse to effect such reparcellation. (2) Upon any such reparcellation, the new parcels shall, notwithstanding section 37, vest in the persons in whose names they are registered. Division 3A - Volumetric Plans and Volumetric Parcels 22A. A volumetric parcel is land 22A. (1) A volumetric parcel shall be deemed for the purposes 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. 22B. Volumetric plan can only be registered to one parcel 22B. One or more volumetric plans may be filed in relation to a parcel but a volumetric plan shall not be filed in relation to more than one parcel. 22C. Title to remain in proprietor of base parcel 22C. The title to the land, other than the land contained in the volumetric parcel, shall remain in the proprietor of the base parcel. Registered Land Law 22D. Cancellation of a volumetric plan 22D. (1) Where the base parcel and all the volumetric parcels of a volumetric plan are in common ownership, the proprietor of 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 \u2014 (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 \u2014 (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. PART III - Effect Of Registration\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_23\", \"num\": \"23.\", \"text\": \"Effect of registration with absolute title 23. Subject to section 27, the registration of any person as the proprietor with absolute title of a parcel shall vest in that person the absolute ownership of that parcel together with all rights and privileges belonging or appurtenant thereto, free from all other interests and claims whatsoever but subject \u2014 (a) to the leases, charges and other incumbrances and to the conditions and restrictions, if any, shown in the register; and (b) unless the contrary is expressed in the register, to such liabilities, rights and interests as affect the same and are declared by section 28 not to require noting on the register: Provided that \u2014 (i) nothing in this section shall be taken to relieve a proprietor from any duty or obligation to which he is subject as a trustee; and (ii) the registration of any person under this Law shall not confer on him any right to any mineral oils unless the same are expressly referred to in the register. Registered Land Law\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_24\", \"num\": \"24.\", \"text\": \"Effect of registration with provisional title 24. Subject to section 27, the registration of any person as the proprietor with a provisional title of a parcel shall not affect or prejudice the enforcement of any estate, right or interest adverse to or in derogation of the title of that proprietor arising before such date or under such instrument or in such other manner as is specified in the register of that parcel; but save as aforesaid, such registration shall have the same effect as the registration of a person with absolute title.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_25\", \"num\": \"25.\", \"text\": \"Effect of registration of a lease 25. Subject to section 27, the registration of a person as the proprietor of a lease shall vest in that person the leasehold interest described in the lease, together with all implied and expressed rights and privileges belonging or appurtenant thereto and subject to all implied and expressed agreements, liabilities and incidents of the lease: Provided that if the title of the lessor is a provisional title the enforcement of any estate, right or interest affecting or in derogation of the right of the lessor to grant the lease shall not be prejudiced.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_26\", \"num\": \"26.\", \"text\": \"Effect of registration as Crown land 26. The registration of land as Crown land shall, subject to any registered Crown land incumbrances, enable the Governor by a disposition registered under this Law, to dispose of such land in accordance with section 9 of the Governor (Vesting of Lands) Law (2005 Revision).\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_27\", \"num\": \"27.\", \"text\": \"Voluntary transfer 27. Every proprietor who has acquired land, a lease or a charge by transfer without valuable consideration shall hold it subject to any unregistered rights or interests subject to which the transferor held it and subject also to the Bankruptcy Law (1997 Revision) and to the winding-up provisions of the Companies Law (2018 Revision), but save as aforesaid such transfer when registered shall in all respects have the same effect as a transfer for valuable consideration.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_28\", \"num\": \"28.\", \"text\": \"Overriding interests 28. Unless the contrary is expressed in the register, all registered land shall be subject to such of the following overriding interests as may for the time being subsist and affect the same, without their being noted on the register \u2014 (a) rights of way, rights of water and any easement or profit subsisting at the time of first registration under this Law; (b) natural rights of light, air, water and support; (c) rights of compulsory acquisition, resumption, entry, search, user or limitation of user conferred by any other law; Registered Land Law (d) leases or agreements for leases for a term not exceeding two years, and periodic tenancies within the meaning of section 2; (e) any unpaid moneys which, without reference to registration under this Law, are expressly declared by any law to be a charge upon land; (f) rights acquired or in process of being acquired by virtue of any law relating to the limitation of actions or by prescription; (g) the rights of a person in actual occupation of land or in receipt of the rents and profits thereof save where inquiry is made of such person and the rights are not disclosed; and (h) electric supply lines, telephone and telegraph lines or poles, pipelines, aqueducts, canals, weirs and dams erected, constructed or laid in pursuance or by virtue of any power conferred by any law: Provided that the Registrar may direct registration of any of the liabilities, rights and interests hereinbefore defined in such manner as he thinks fit.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_29\", \"num\": \"29.\", \"text\": \"Conversion of provisional into absolute title 29. (1) Any proprietor registered with a provisional title or any interested person may, at any time, apply to the Registrar to be registered or to have the proprietor registered, as the case may be, with an absolute title. (2) If the applicant satisfies the Registrar that \u2014 (a) the qualification to which the provisional title is subject has ceased to be of effect; or (b) a period of time has elapsed since the date of first registration with a provisional title, which when added to the period from which the possession of the proprietor shall be considered to have begun exceeds twelve years and there is no effective qualification to which the provisional title is subject, the Registrar shall make an order for the registration of the proprietor with absolute title after such advertisement as the Registrar may think fit. (3) On the making of any such order the Registrar shall substitute in the register the words \u201cabsolute title\u201d for the words \u201cprovisional title\u201d and the title of the proprietor shall thereupon become absolute.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_30\", \"num\": \"30.\", \"text\": \"Entries to constitute actual notice 30. Every proprietor acquiring any land, lease or charge shall be deemed to have had notice of every entry in the register relating to the land, lease or charge. Registered Land Law PART IV - Certificates and searches\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_31\", \"num\": \"31.\", \"text\": \"Land certificates and certificates of lease 31. (1) The Registrar shall, if requested by any proprietor of land or a lease where no land certificate or certificate of lease has been issued, issue to him a land certificate or a certificate of lease, as the case may be, in the prescribed form showing all subsisting entries in the Register affecting that land or lease: Provided that \u2014 (i) only one such certificate shall be issued in respect of each parcel of land or lease; and (ii) no certificate of lease shall be issued unless the lease is for a certain period exceeding twenty five years. (2) A land certificate or certificate of lease shall be only prima facie evidence of the matters shown therein, and the land or lease shall be subject to all entries in the register whether they are shown on the certificate or not. (3) When there is more than one proprietor, the proprietors shall agree among themselves as to who shall receive the certificate, and failing agreement the certificate shall be filed in the registry. (4) The date of issue of a land certificate or certificate of lease shall be noted in the register.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_32\", \"num\": \"32.\", \"text\": \"Production of certificates 32. (1) If a land certificate or a certificate of lease has been issued, then, unless it is filed in the registry, or the Registrar dispenses with its production, it shall be produced on the registration of any dealing with the land or lease to which it relates, and a note of such registration shall be made on the certificate. (2) If the disposition is a transfer, the certificate, if produced, shall be destroyed, and a new certificate issued to the new proprietor. (3) If the disposition is a charge, the certificate, if any, shall be filed in the registry.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_33\", \"num\": \"33.\", \"text\": \"Dispositions of leases and charges 33. On the registration of any disposition of a lease or charge, the duplicate and triplicate of the lease or charge shall be produced to the Registrar, who shall note particulars of the disposition on the filed lease or charge and on the duplicate and triplicate thereof unless the Registrar is satisfied that they cannot be produced. Registered Land Law\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_34\", \"num\": \"34.\", \"text\": \"Lost or destroyed certificates 34. (1) If a land certificate or certificate of lease is lost or destroyed, the proprietor may apply to the Registrar for the issue of a new certificate, and shall produce evidence to satisfy the Registrar of the loss or destruction of the previous certificate. (2) The Registrar may require a statutory declaration that the certificate has been lost or destroyed. (3) If satisfied with the evidence as to the loss or destruction of the certificate the Registrar may, after the publication of such notice as he may think fit, cancel the previous certificate and issue a new certificate in the name of the proprietor. (4) If after the issue of a new certificate the previous certificate is found, it shall be delivered to the Registrar for destruction.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_35\", \"num\": \"35.\", \"text\": \"Searches and copies 35. (1) Any person, on application in the prescribed form and on payment of the prescribed fee, may inspect during official hours of business any register and any sheet of the Registry Map or any filed instrument or plan. (2) Any person, on application in the prescribed form and on payment of the prescribed fee, shall be entitled to a certified copy of any register or part of the Registry Map or any instrument or plan filed in the registry. (3) Any person on application in the prescribed form and on payment of the prescribed fee, may require an official search in respect of any parcel, and the Registrar shall issue a certificate of official search setting forth particulars of the subsisting entries in the register of that parcel.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_36\", \"num\": \"36.\", \"text\": \"Evidence 36. (1) A certified copy of the register or part of the Registry Map or any instrument or plan filed in the registry shall be admissible in evidence in all actions and matters and between all persons or parties, to the same extent as the original, and a signature on any such certified copy purporting to be the signature of the Registrar shall be presumed to be the signature of the Registrar until the contrary is proved. (2) No legal practitioner, trustee, personal representative or other person in a fiduciary position shall be answerable in respect of any loss occasioned by the inaccuracy of any such certified copy as is referred to in subsection (1). (3) No process for compelling the production of the register, or of the Registry Map, or of any filed instrument or plan, shall issue from any court except with the leave of that court, which leave shall not be granted if a certified copy will suffice, and any such process, if issued, shall bear thereon a statement that it is issued with the leave of the court. Registered Land Law PART V \u2013 Dispositions Division 1 - General\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_37\", \"num\": \"37.\", \"text\": \"Subsequent dealings 37. (1) No land, lease or charge registered under this Law shall be capable of being disposed of except in accordance with this Law, and every attempt to dispose of such land, lease or charge otherwise than in accordance with this Law shall be ineffectual to create, extinguish, transfer, vary or affect any estate, right or interest in the land, lease or charge. (2) Nothing in this section shall be construed as preventing any unregistered instrument from operating as a contract, but no action may be brought upon any contract for the disposition of any interest in land unless the agreement upon which such action is brought, or some memorandum or note thereof, is in writing, and is signed by the party to be charged or by some other person thereunto by him lawfully authorised: Provided that such an action shall not be prevented by reason only of the absence of writing, where an intending purchaser or lessee who has performed or is willing to perform his part of a contract \u2014 (a) has in part performance of the contract, taken possession of the property or any part thereof; or (b) being already in possession, continues in possession in part performance of the contract and has done some other act in furtherance of the contract.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_38\", \"num\": \"38.\", \"text\": \"Protection of persons dealing in registered land 38. (1) No person dealing or proposing to deal for valuable consideration with a proprietor shall be required or in any way concerned \u2014 (a) to inquire or ascertain the circumstances in or the consideration for which such proprietor or any previous proprietor was registered; (b) to see to the application of any consideration or any part thereof; or (c) to search any register kept under the Public Recorder Law (2010 Revision) or the Registration (Land) Law (1996 Revision). (2) Where the proprietor of land, a lease or a charge is a trustee he shall, in dealing therewith, be deemed to be absolute proprietor thereof, and no disposition by such trustee to a bona fide purchaser for valuable consideration shall be defeasible by reason of the fact that such disposition amounted to a breach of trust. Registered Land Law\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_39\", \"num\": \"39.\", \"text\": \"Time for registration 39. (1) All instruments shall be presented for registration within forty-five days of the signature of the first, or the only, named party therein. (2) Where an instrument is presented for registration after the period specified in subsection (1), there shall be payable, in addition to the registration fee, the late registration fee. (3) The late registration fee referred to in subsection (2) shall be \u2014 (a) an amount equal to the registration fee; and (b) payable in respect of each period of forty-five days following the end of the period referred to in subsection (1).\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_40\", \"num\": \"40.\", \"text\": \"Power to compel registration 40. (1) If he is satisfied that any person, through his wilful default, has failed to register any instrument which is registerable under this Law, the Registrar may, by notice in writing, order such person to present such instrument for registration, and thereupon the registration fee and any additional fee payable under section 39 shall become due and payable whether the instrument is presented for registration or not. (2) Whoever fails to comply with an order of the Registrar under subsection (1) within one month of the service of the notice is guilty of an offence and liable on summary conviction to a fine of fifty dollars.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_41\", \"num\": \"41.\", \"text\": \"Priority of registered interests 41. (1) Interests appearing in the register shall have priority according to the order in which the instruments which led to their registration were presented to the registry, irrespective of the dates of the instruments and notwithstanding that the actual entry in the register may be delayed: Provided that where an instrument is prepared in the registry it shall be deemed to have been presented on the date on which application for its preparation was made to the Registrar. (2) Instruments sent by post or under cover and received during the hours of business shall be deemed to be presented simultaneously immediately before the closing of the office on that day, and instruments so sent out received between the time of closing and the next opening of the office for business shall be deemed to be presented simultaneously immediately after such opening. (3) Where more than one instrument or application are presented on the same day, or on different days but at so short an interval from each other that in the opinion of the Registrar there is doubt as to their order of priority, the Registrar may refuse registration until he has heard and determined the rights of the parties interested thereunder. Registered Land Law\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_42\", \"num\": \"42.\", \"text\": \"Stay of registration 42. (1) Where any person proposing to deal with registered land has, with the consent in writing of the proprietor, applied for an official search and has stated in his application the particulars of the proposed dealing, the registration of any instrument affecting the land to be comprised in or affected by the proposed dealing shall be stayed for a period (hereinafter referred to as the suspension period) of fourteen days from the time at which application for the search was made, and a note shall be made in the register accordingly. (2) If, within the suspension period, a properly executed instrument affecting the proposed dealing is presented for registration, such instrument shall have priority over any other instrument which may be presented for registration during the suspension period, and shall be registered notwithstanding any caution or other entry for which application for registration may have been made during the suspension period. (3) Subject to subsection (2), any instrument or document for which application for registration is made during the suspension period other than that affecting the proposed dealing shall be dealt with in the same manner, have the same priority and be as effectual as if no stay of registration had been obtained.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_43\", \"num\": \"43.\", \"text\": \"Merger of registered interests 43. Where, upon the registration of a dealing, the interest of \u2014 (a) lessor and lessee; (b) chargor and chargee; or (c) the proprietor of a parcel which is burdened with an easement, profit or restrictive agreement and the proprietor of a parcel which benefits therefrom, vest in the same proprietor, such interests shall not merge unless a surrender or discharge is registered or the parcels are combined or there is a declaration of merger, which may be contained in the instrument evidencing the dealing. Division 2 - Leases\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_44\", \"num\": \"44.\", \"text\": \"Leases 44. Subject to this and any other law, the proprietor of land may lease the land or part of it to any person for a definite period or for the life of the lessor or of the lessee or for a period which though indefinite may be terminated by the lessor or the lessee, and subject to such conditions as he may think fit: Provided that, if only part is leased, the lease shall be accompanied by a plan or other description which the Registrar, in his absolute discretion, deems adequate to identify the part leased. Registered Land Law\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_45\", \"num\": \"45.\", \"text\": \"Periodic tenancies 45. (1) Where in any lease the term is not specified and no provision is made for the giving of notice to terminate the tenancy, the lease shall be deemed to have created a periodic tenancy. (2) Where the proprietor of land permits the exclusive occupation of the land or any part thereof by any other person at a rent but without any agreement in writing, that occupation shall be deemed to constitute a periodic tenancy. (3) The period of a periodic tenancy created by subsection (2) shall be the period by reference to which the rent is payable, and the tenancy may be determined by either party giving to the other notice, the length of which shall subject to any other law, be not less than the period of the tenancy and shall expire on one of the days on which rent is payable.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_46\", \"num\": \"46.\", \"text\": \"Registration of leases 46. A lease for a specified period exceeding two years, or for the life of the lessor or of the lessee, or a lease which contains an option whereby the lessee may require the lessor to grant him a further term or terms which, together with the original term, exceed two years, shall be in the prescribed form, and shall be completed by \u2014 (a) opening a register in respect of the lease in the name of the lessee; (b) filing the lease; and (c) noting the lease in the incumbrances section of the register of the lessor\u2019s land or lease.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_47\", \"num\": \"47.\", \"text\": \"Lessor\u2019s consent to dealing with lease 47. Upon the registration of a lease containing an agreement, express or implied, by the lessee that he will not transfer, sub-let, charge or part with possession of the land leased or any part thereof without the written consent of the lessor, the agreement shall be noted in the register of the lease and no dealing with the lease shall be registered until the consent of the lessor, verified in accordance with section 107, has been produced to the Registrar.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_48\", \"num\": \"48.\", \"text\": \"Lease of charged land 48. Where any land is subject to a charge, no lease of such land shall be registered without the previous consent in writing of the proprietor of the charge, verified in accordance with section 107, unless the charge expressly dispenses with the necessity for such consent.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_49\", \"num\": \"49.\", \"text\": \"Duration of leases 49. (1) Where the period of a lease is expressed as commencing on a particular day, that day is excluded in computing that period. Registered Land Law (2) Where no day of commencement is named, the period commences on the date of execution of the lease, and that day is excluded in computing that period. (3) Where the period is a year or a number of years, in the absence of an express agreement to the contrary, the lease shall last during the whole anniversary of the day on which such period commences.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_50\", \"num\": \"50.\", \"text\": \"Future leases 50. (1) A lease may be made for a period to commence on a future date, not being later than twenty-one years from the date on which the lease is executed but shall be of no effect unless it is registered. (2) Any instrument purporting to create a lease to commence on a date more than twenty-one years after the date of the instrument, or to take effect on the fulfilment of any condition, is void.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_51\", \"num\": \"51.\", \"text\": \"Holding over 51. (1) Where a person, having lawfully entered into occupation of any land as lessee, continues to occupy that land with the consent of the lessor after the termination of the lease he shall, in the absence of any evidence to the contrary, be deemed to be a tenant holding the land on a periodic tenancy on the same conditions as those of the lease so far as those conditions are appropriate to a periodic tenancy. (2) For the purposes of this section, the acceptance of rent in respect of any period after the termination of the lease shall, if the former tenant is still in occupation and subject to any agreement to the contrary, be taken as evidence of consent to the continued occupation of the land.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_52\", \"num\": \"52.\", \"text\": \"Agreements implied in leases on part of lessor 52. Save as otherwise expressly provided in the lease, there shall be implied, in every lease, agreements by the lessor with the lessee binding the lessor \u2014 (a) that, so long as the lessee pays the rent and observes and performs the agreements and conditions contained or implied in the lease and on his part to be observed and performed, the lessee shall and may peaceably and quietly possess and enjoy the leased premises during the period of the lease without any lawful interruption from or by the lessor or any person rightfully claiming through him; (b) not to use or permit to be used any adjoining or neighbouring land of which he is the proprietor or lessee in any way which would render the leased premises unfit or materially less fit for the purpose for which they were leased; (c) where part only of a building is leased, to keep the roof, main walls and main drains, and the common passages and common installations, in repair; Registered Land Law (d) where any dwelling house, flat or room is leased furnished, that such house, flat or room is fit for habitation at the commencement of the tenancy; and (e) that if, at any time, the leased premises or any part thereof are destroyed or damaged by fire, earthquake, hurricane, flood, civil commotion or accident not attributable to the negligence of the lessee, his servants or his licensees, so as to render the leased premises or any part thereof wholly or partially unfit for occupation or use, the rent or a just proportion thereof according to the nature and extent of the damage sustained shall be suspended and cease to be payable until the leased premises have again been rendered fit for occupation and use; but that if the leased premises have not been so rendered for occupation and use within six months of their destruction or damage as aforesaid, the lessee may at his option, and on giving one month\u2019s written notice of his intention so to do, terminate the lease.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_53\", \"num\": \"53.\", \"text\": \"Agreements implied in leases on part of lessee 53. Save as otherwise expressly provided in the lease, there shall be implied, in every lease, agreements by the lessee with the lessor binding the lessee \u2014 (a) to pay the rent reserved by the lease at the times and in the manner therein specified; (b) to pay all rates, taxes and other outgoings which are at any time payable in respect of the leased premises during the continuance of the lease unless the same are payable exclusively by the lessor by virtue of any written law; (c) in the case of agricultural land, to farm the same in accordance with the rules of good husbandry and to yield up the land at the end of the term in good heart; (d) except where part only of a building is leased, or where a dwelling house is leased furnished, to keep all buildings comprised in the lease and all boundary marks in repair; (e) where part only of a building is leased, or where a dwelling house is leased furnished, to keep the leased premises, except the roof, main walls and main drains, and the common passages and common installations in repair; (f) where the lease is of furnished premises, to keep the furniture in as good condition as it was at the commencement of the period, fair wear and tear only excepted, and to replace such articles as are lost, destroyed or so damaged as to be beyond repair with articles of equal value to those so lost, destroyed or damaged; (g) to permit the lessor or his agent, with or without workmen or others, at all convenient times and after reasonable notice, to enter on the leased premises and examine their condition; Registered Land Law (h) to repair or otherwise make good any defect or breach of agreement for which the lessee is responsible and of which notice has been given by the lessor to the lessee, within such reasonable period as may be specified in the notice; and (i) not to transfer, charge, sublease or otherwise part with the possession of the leased premises or any part thereof without the previous written consent of the lessor, but such consent shall not be unreasonably withheld.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_54\", \"num\": \"54.\", \"text\": \"Meaning of \u201cin repair\u201d 54. Where an agreement is contained or implied in any lease to keep a building or a particular part of a building in repair, it shall, in the absence of an express provision to the contrary mean in such state of repair as that in which a prudent owner might reasonably be expected to keep his property, due allowance being made for the age, character and locality of the building at the commencement of the lease: Provided that there shall not be read into such an agreement an undertaking to put any building into a better state of repair than that in which it was at the commencement of the lease.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_55\", \"num\": \"55.\", \"text\": \"Lessor\u2019s right of forfeiture and effect of forfeiture of subleases 55. (1) Subject to section 57 and to any provision to the contrary in the lease, the lessor shall have the right to forfeit the lease if the lessee \u2014 (a) commits any breach of, or omits to perform any agreement or condition on his part expressed or implied in the lease; (b) is adjudicated bankrupt; or (c) being a company, goes into liquidation. (2) The right of forfeiture may be \u2014 (a) exercised, where neither the lessee or any person claiming through or under him is in occupation of the land, by entering upon and remaining in possession of the land; or (b) enforced by action in the court. (3) The right of forfeiture shall be taken to have been waived if \u2014 (a) the lessor accepts rent which has become due since the breach of agreement or condition which entitled the lessor to forfeit the lease or has by any other positive act shown an intention to treat the lease as subsisting; and (b) the lessor is or should by reasonable diligence have become aware of the commission of the breach: Provided that the acceptance of rent after the lessor has commenced an action in the court under subsection (2) shall not operate as a waiver. Registered Land Law (4) The forfeiture of a lease shall terminate every sublease and every other interest appearing in the register relating to that lease, but \u2014 (a) where the forfeiture is set aside by the court on the grounds that it was procured by the lessor in fraud of the sublessee; or (b) where the court grants relief against the forfeiture under section 57, every such sublease and other interest shall be deemed not to have terminated.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_56\", \"num\": \"56.\", \"text\": \"Notice before forfeiture 56. Notwithstanding anything to the contrary contained in the lease, no lessor shall be entitled to exercise the right of forfeiture for the breach of any agreement or condition in the lease whether expressed or implied, until the lessor has served on the lessee a notice \u2014 (a) specifying the particular breach complained of; (b) if the breach is capable of remedy, requiring the lessee to remedy the breach within such reasonable period as is specified in the notice; and (c) in any case other than non-payment of rent, requiring the lessee to make compensation in money for the breach, and the lessee has failed to remedy the breach within a reasonable time thereafter if it is capable of remedy, and to make reasonable compensation in money.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_57\", \"num\": \"57.\", \"text\": \"Relief against forfeiture 57. (1) A lessee upon whom a notice has been served under section 56, or against whom the lessor is proceeding, by action or re-entry, to enforce his right of forfeiture, may apply to the court for relief; and the court may grant or refuse relief, as the court, having regard to the proceedings and the conduct of the parties and the circumstances of the case, thinks fit, and, if it grants relief, may grant it on such terms as it thinks fit. (2) The court on application by any person claiming as sublessee or chargee any interest in the property or part of the property comprised in the lease forfeited or sought to be forfeited, may make an order vesting the property or such part in such sublessee or chargee for the whole period of the lease or any less period, upon such conditions as the court in the circumstances of the case thinks fit: Provided that nothing in this subsection shall apply in the case of a forfeiture arising from a breach to which the sublessee is a party or from the breach of an express agreement or condition against subleasing, parting with the possession of or disposing of the property leased. (3) For the purpose of this section a lease limited to continue as long only as the lessee abstains from committing a breach of agreement or condition shall be and take effect as a lease to continue for any longer term for which it could subsist, but terminable by a provision for re-entry on such breach. Registered Land Law (4) This section shall have effect notwithstanding any stipulation or agreement to the contrary and whether the lease is registered or not.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_58\", \"num\": \"58.\", \"text\": \"Variation and extension of leases 58. Subject to section 56, the agreements and conditions contained or implied in any registered lease may be varied, negatived or added to, and the period of any registered lease may from time to time be extended, by an instrument executed by the lessor and the lessee for the time being and registered before the expiration of the then current term of the lease.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_59\", \"num\": \"59.\", \"text\": \"Substitution of leases 59. Where, upon presentation of a lease for registration, the Registrar is satisfied that the lessee is the person registered as the proprietor of a prior lease in respect of the same land, he shall cancel the registration of the prior lease and register the new lease subject to the incumbrances registered against the prior lease.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_60\", \"num\": \"60.\", \"text\": \"Subleases 60. (1) Subject to any provision in his lease affecting his right to do so, the proprietor of a registered lease may, by a sublease in the prescribed form, sublease for any period which is less than the remainder of the period of his lease. (2) Save as otherwise expressly provided, the provisions of this Law affecting leases, lessors and lessees shall apply to subleases, sublessors and sublesses, with such adaptations as are necessary. (3) If a lease is terminated by operation of law or under any law relating to bankruptcy or liquidation proceedings, such termination shall terminate the sublease. (4) In addition to the agreements specified by this Law to be implied in leases, there shall be implied in every sublease under this Law an agreement by the sublessor that he will, during the continuance of the sublease, pay the rent reserved by the lease under which the sublessor holds, and observe and perform the agreements and conditions thereof. (5) Where a sublessee has paid to the sublessor\u2019s lessor the rent or any part of the rent payable by the sublessor under the lease under which the sublessor holds, the sublessee shall be entitled to set off any sum so paid against the rent payable by him to the sublessor in respect of the sublease.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_61\", \"num\": \"61.\", \"text\": \"Surrender of leases 61. (1) Where the lessor and the lessee agree that the lease shall be surrendered, it shall be surrendered in the following manner \u2014 Registered Land Law (a) an instrument shall be prepared in the prescribed form, or else the word \u201csurrendered\u201d shall be inscribed on the lease or on the duplicate or triplicate thereof; (b) the instrument or inscription shall then be executed by the lessor and lessee; (c) the Registrar shall then cancel the registration of the lease; and (d) the instrument or inscribed lease shall then be filed, and thereupon, or upon such earlier date as is expressed in the instrument or inscription, the interest of the lessee shall cease. (2) No lease which is subject to a charge or sublease shall be surrendered without the consent in writing of the proprietor of the charge or sublease.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_62\", \"num\": \"62.\", \"text\": \"Determination of leases 62. (1) Where \u2014 (a) the period of a lease has expired; (b) an event upon which a lease is expressed to terminate has happened; (c) a lessor has lawfully re-entered; or (d) a notice duly given to terminate the lease has expired, and the lessor has recovered possession of the land leased, the lease and every other interest appearing on any register relating to the lease shall thereupon terminate, and the lessor may apply in writing to the Registrar to cancel the registration. (2) An application under this section shall be supported by such evidence of the matters giving rise to the termination and the recovery of possession by the lessor as the Registrar may require and the Registrar on being satisfied on the matters set forth in the application shall cancel the registration of the lease.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_63\", \"num\": \"63.\", \"text\": \"Voluntary registration of leases 63. Where application is made to the Registrar to register any lease which is not compulsorily registrable under this Law but which is capable of registration, the Registrar shall not register such lease unless \u2014 (a) it is in the prescribed form, or in such form as the Registrar may approve; and (b) in the case of a sublease, every lease superior to that sublease complies with paragraph (a) and is registered in priority to the sublease. Registered Land Law Division 3 - Charges\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_64\", \"num\": \"64.\", \"text\": \"Form and effect of charges 64. (1) A proprietor may, by an instrument in the prescribed form, charge his land or lease or charge to secure the payment of an existing or a future or a contingent debt or other money or money\u2019s worth or the fulfilment of a condition, and the instrument shall, contain a special acknowledgement that the chargor understands the effect of section 72, and the acknowledgement shall be signed by the chargor or, where the chargor is a corporation, by one of the persons attesting the affixation of the common seal. (2) A date for the repayment of the money secured by a charge may be specified in the charge instrument and, where no such date is specified or repayment is not demanded by the chargee on the date specified, the money shall be deemed to be repayable three months after the service of a demand in writing by the chargee. (3) The charge shall be completed by its registration as an incumbrance and registration of the person in whose favour it is created as its proprietor and by filing the instrument. (4) A charge shall not operate as a transfer but shall have effect as security only. (5) There shall be included, in an instrument of charge securing the fulfilment of a condition or the payment of an annuity or other periodical payment not of the nature of interest on a capital sum, such provisions as the parties think fit for disposing, subject to section 76, of the money which may arise on the exercise by the chargee of his power of sale, either by setting aside the proceeds of sale or part thereof and investing it to make future periodical payments, or by payment to the chargee of such proceeds or part thereof to the extent of the estimated capital value of the chargee\u2019s interest, or otherwise.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_65\", \"num\": \"65.\", \"text\": \"Second or subsequent charges 65. A proprietor whose land, lease or charge is subject to a charge may create a second or subsequent charge in the same manner as the first charge and the same provisions shall apply thereto, but any sale under the power expressed or implied in any such charge shall be expressed to be subject to all prior charges unless all those charges have been discharged.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_66\", \"num\": \"66.\", \"text\": \"Presumption that money paid is interest 66. If any question arises whether any payment made by the chargor is in respect of principal or interest, such payment shall be presumed to be in respect of interest to the extent of all interest which is due and payable at the date of payment. Registered Land Law\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_67\", \"num\": \"67.\", \"text\": \"Agreements implied in charges 67. There shall be implied in every charge, unless the contrary is expressed therein, agreements by the chargor with the chargee binding the charger \u2014 (a) to pay the principal money on the day therein appointed and, so long as the principal money or any part thereof remains unpaid, to pay interest thereon, or on so much thereof as for the time being remains unpaid, at the rate and on the days and in manner therein specified; (b) to pay all rates, taxes and other outgoings which are at any time payable on the charged property; (c) to repair and keep in repair all buildings and other improvements upon the charged land or comprised in the charged lease and to permit the chargee or his agent, at all reasonable times and after reasonable notice to the chargor, to enter the land and examine the state and condition of such buildings and improvements; (d) to insure and keep insured all buildings upon the charged land or comprised in the charged lease against loss or damage by fire or hurricane in the joint names of the chargor and chargee with insurers approved by the chargee to the full value thereof; (e) in the case of a charge of agricultural land, to farm the land in accordance with the rules of good husbandry; (f) in the case of a charge of land or of a lease, not to lease the charged land or any part thereof, or sublease the whole or any part of the land comprised in the charged lease, for any period longer than one year without the previous consent in writing of the chargee, but such consent shall not be unreasonably withheld; (g) not to transfer the land, lease or charge charged or any part thereof without the previous written consent of the chargee but such consent shall not be unreasonably withheld; (h) in the case of a charge of a lease, during the continuance of the charge to pay the rent reserved by the lease and observe and perform the agreements and conditions thereof, and to keep the chargee indemnified against all proceedings, expenses and claims on account of the non-payment of the said rent or any part thereof, or the breach or non-observance of the said agreements and conditions or any of them, and, if the lessee has an enforceable right to renew the lease, to renew it; (i) where the charge is a second or subsequent charge, that the chargor will pay the interest from time to time accruing due on each prior charge when it becomes due, and will, at the proper time, repay the principal money due on each prior charge; and Registered Land Law (j) where the chargor fails to comply with any of the agreements implied by paragraphs (b), (c), (d), (e), (h) and (i) that the chargee may spend such money as is necessary to remedy the breach, and may add the amount so spent to the principal money, and that thereupon the amount shall be deemed for all purposes to be part of the principal money secured by the charge.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_68\", \"num\": \"68.\", \"text\": \"Chargee\u2019s consent to transfer 68. Where a charge contains an agreement, express or implied, by the chargor with the chargee that he will not transfer the land, lease or charge charged or any part thereof without the written consent of the chargee, the agreement shall be noted in the register and no transfer by the chargor shall be registered until the written consent of the chargee, verified in accordance with section 107, has been produced to the Registrar.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_69\", \"num\": \"69.\", \"text\": \"Variation of charges 69. The amount secured, the method of repayment, the rate of interest or the term of the charge may be varied by the registration of an instrument of variation executed by the parties of the charge, but no such variation shall affect the rights of the proprietor of any subsequent charge, unless he has consented to the variation in writing on the instrument of variation.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_70\", \"num\": \"70.\", \"text\": \"Right of redemption 70. (1) Subject to this section, a chargor, on payment of all money due and owing under the charge at the time of payment or on fulfilment of any condition secured thereby and on payment of any costs or expenses properly incurred by the chargee in exercising any power conferred on him by section 72, may redeem the charged land, lease or charge at any time before it has been sold under section 75, and any agreement or provision which purports to deprive the chargor of this right of redemption shall be void; and, for the purposes of this subsection land, a lease or a charge shall be deemed to have been sold when a bid has been accepted at the auction sale. (2) If the chargor wishes to redeem the charged land, lease or charge before the date for repayment specified in the charge, he shall be entitled to do so on payment to the chargee, in addition to any other money then due or owing under the charge, of interest on the principal sum secured thereby for the unexpired portion of the term of the charge. (3) If the chargor seeks to redeem the charged land, lease or charge after the date specified in the charge or where no such date is specified, he shall give the chargee three months notice of his intention to redeem the charge or shall pay him three months\u2019 interest in lieu thereof. (4) If at any time the chargor is entitled and desires to repay the money secured by the charge, and the chargee is absent or cannot be found, or the Registrar is Registered Land Law satisfied that the charge cannot be discharged otherwise, the chargor may deposit the amount due with the Registrar in trust for the person entitled thereto, and thereupon the obligations of the chargor under the charge shall cease, and the Registrar shall cancel the registration of the charge and shall pay the amount deposited to the chargee if the chargee applies for it within six years of the date of deposit, and if the amount is not so paid it shall be paid into the Treasury and be appropriated to the general revenue of the Islands.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_71\", \"num\": \"71.\", \"text\": \"Right of third party to transfer of charge 71. On his tendering to the chargee such sums as would have been payable to the chargee if the chargor had sought to redeem the charge under section 70 any of the following persons, that is to say \u2014 (a) any person, other than the chargor, who has an interest in the land, lease or charge charged; (b) any surety for the payment of the amount secured by the charge; or (c) any creditor of the chargor who has obtained a decree for sale of the charged land, lease or charge, may require the chargee to transfer the charge to him.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_72\", \"num\": \"72.\", \"text\": \"Chargee\u2019s remedies 72. (1) If default is made in payment of the principal sum or of any interest or any other periodical payment or of any part thereof, or in the performance or observance of any agreement expressed or implied in any charge, and continues for one month, the chargee may serve on the chargor notice in writing to pay the money owing or to perform and observe the agreement as the case may be. (2) If the chargor does not comply within three months of the date of service, with a notice served on him under subsection (1), the chargee may \u2014 (a) appoint a receiver of the income of the charged property; or (b) sell the charged property: Provided that a chargee who has appointed a receiver may not exercise the power of sale unless the chargor fails to comply, within three months of the date of service, with a further notice served on him under subsection (1). (3) The chargee shall be entitled to sue for the money secured by the charge only \u2014 (a) where the chargor is bound to repay the same; (b) where, by any cause other than the wrongful act of the chargor or chargee the charged property is wholly or partially destroyed or the security is rendered insufficient and the chargee has given the chargor a reasonable opportunity of providing further security which will render the whole security sufficient, and the chargor has failed to provide such security; or Registered Land Law (c) where the chargee is deprived of the whole or part of his security by, or in consequence of, the wrongful act or default of the chargor: Provided that \u2014 (i) in the case specified in paragraph (a) \u2014 (A) a transferee from the chargor shall not be liable to be sued for the money unless he has agreed with the chargee to pay the same; and (B) no action shall be commenced until a notice served in accordance with subsection (1) has expired; and (ii) the court may, at its discretion, stay a suit brought under paragraph (a) or (b), notwithstanding any agreement to the contrary, until the chargee has exhausted all his other remedies against the charged property.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_73\", \"num\": \"73.\", \"text\": \"Appointment, powers, remuneration and duties of receiver 73. (1) The appointment of a receiver under the powers conferred by section 72 shall be in writing signed by the chargee and a copy thereof filed with the Registrar. (2) A receiver may be removed at any time and a new receiver appointed in writing signed by the chargee and a copy thereof filed with the registrar. (3) A receiver appointed under this section shall be deemed to be the agent of the chargor for the purposes for which he is appointed; and the chargor shall be solely responsible for the receiver\u2019s acts and defaults unless the charge otherwise provides. (4) The receiver shall have power to demand and recover all the income of which he is appointed receiver, by action or otherwise, in the name of the chargor, and to give effectual receipts accordingly for the same. (5) A person paying money to the receiver shall not be concerned to inquire into the validity of the receiver\u2019s appointment. (6) Subject to subsection (8), the receiver shall be entitled to retain out of any money received by him all costs, charges and expenses incurred by him as receiver, and, for his remuneration, a commission at such rate, not exceeding five per cent of the gross amount of all moneys received, as is specified in his appointment, or if no rate is so specified at the rate of five percent of that gross amount, or such other rate as the chargor and the chargee and other chargees, if any, agree or the court thinks fit to allow on application made by the receiver for that purpose. (7) The receiver shall apply insurance money in making good the loss or damage in respect of which the money is received. Registered Land Law (8) Subject to subsection (7), the receiver shall apply all money received by him in the following order of priority \u2014 (a) in discharge of all rents, rates, taxes and outgoings whatever affecting the charged property; (b) in keeping down all annual sums or other payments, and the interest on all principal sums, having priority to the charge in right whereof he is receiver; (c) in payment of his commission, costs, charges and expenses and of the premiums on fire, life and other insurance, if any, properly payable under the charge instrument or under this Law and the cost of executing necessary or proper repairs directed in writing by the chargee; (d) in payment of the interest accruing due in respect of any principal money due under the charge; and (e) in or towards the discharge of the money secured by the charge, if so directed in writing by the chargee, and shall pay the residue, if any, of the money received by him to the person who, but for the appointment of the receiver, would have been entitled to receive the income of which he is appointed receiver, or who is otherwise entitled to the charged property.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_74\", \"num\": \"74.\", \"text\": \"Chargee\u2019s powers of leasing 74. (1) The proprietor of a charge on land or a lease who has appointed a receiver under the powers conferred on him by section 72 shall, in the absence of any express provision to the contrary contained in the charge, have power, subject to this and any other law \u2014 (a) to grant leases in respect of the charged land or the land comprised in the charged lease or any part or parts thereof; and (b) to accept a surrender of any lease so granted and of any lease created by the chargor, and may, for such purposes, execute in the place of the chargor any instrument required to effect such lease or surrender. (2) Every lease granted by a chargee shall \u2014 (a) be made to take effect in possession not later than twelve months after its date; (b) reserve the best rent that can reasonably be obtained, regard being had to the circumstances of the case but without a fine or premium being obtained; (c) be for a term not exceeding twenty-one years; and Registered Land Law (d) contain a declaration by the chargee that he has appointed a receiver with the date of appointment.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_75\", \"num\": \"75.\", \"text\": \"Power of sale 75. (1) A chargee exercising his power of sale shall act in good faith and have regard to the interests of the chargor, and may sell or concur with any person in selling the charged land, lease or charge, or any part thereof, together or in lots, by public auction for a sum payable in one amount or by instalments, subject to such reserve price and conditions of sale as the chargee thinks fit, with power to buy in at the auction and to resell by public auction without being answerable for any loss occasioned thereby. (2) Where the chargor is in possession of the charged land or the land comprised in the charged lease, the chargee shall become entitled to recover possession of the land upon a bid being accepted at the auction sale. (3) A transfer by a chargee, in exercise of his power of sale, shall be made in the prescribed form, and the Registrar may accept it as sufficient evidence that the power has been duly exercised, and any person suffering damage by an irregular exercise of the power shall have his remedy in damages only against the person exercising the power. (4) Upon registration of such transfer, the interest of the chargor as described therein shall pass to and vest in the transferee freed and discharged from all liability on account of the charge, or on account of any other incumbrance to which the charge has priority (other than a lease, easement or profit subsisting at the time the charge was effected or to which the chargee has consented in writing). (5) A chargee in exercising his power of sale shall have the same powers and rights in regard to easements and restrictive agreements as are conferred upon a proprietor by sections 93 and 94.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_76\", \"num\": \"76.\", \"text\": \"Application of purchase money 76. The purchase money received by a chargee who has exercised his power of sale, after discharge of any prior incumbrances to which the sale is not made subject or after payment into court of a sum sufficient to meet any such prior incumbrances, shall be applied \u2014 (a) first, in payment of all costs and expenses properly incurred and incidental to the sale or any attempted sale; (b) secondly, in accordance with any express provision in the charge (as required by section 64) for disposing of such money and in the absence of any such express provision, in discharge of the money due to the chargee at the date of the sale; and (c) thirdly, in payment of any subsequent charges in the order of their priority, Registered Land Law and the residue of the money so received shall be paid to the person who immediately before the sale was entitled to redeem the charged land, lease or charge.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_77\", \"num\": \"77.\", \"text\": \"Variation of powers 77. The provisions of sections 70 (2) and (3), 72, 73, 74 and 75 may, in their application to a charge, be varied or added to in the charge: Provided that any such variation or addition shall not be acted upon unless the court, having regard to the proceedings and conduct of the parties and to the circumstances of the case, so orders.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_78\", \"num\": \"78.\", \"text\": \"No right of entry into possession or foreclosure 78. For the avoidance of doubt, it is hereby declared that the chargee shall not be entitled to foreclose, nor to enter into possession of the charged land or the land comprised in a charged lease or to receive the rents and profits thereof by reason only that default has been made in the payment of the principal sum or of any interest or other periodical payment or of any part thereof or in the performance or observance of any agreement expressed or implied in the charge.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_79\", \"num\": \"79.\", \"text\": \"Discharge of charge 79. (1) A discharge, whether of the whole or of a part of a charge, shall be made by an instrument in the prescribed form, or (if of the whole) the word \u201cDischarged\u201d may be endorsed on the charge, duplicate or triplicate and endorsement executed by the chargee and dated. (2) A discharge shall be completed by cancellation in the register of the charge, or part thereof as the case may require, and filing the instrument of discharge, or the endorsed charge.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_80\", \"num\": \"80.\", \"text\": \"Satisfaction of charges 80. Upon proof to the satisfaction of the Registrar \u2014 (a) that all money due under a charge has been paid to the chargee or by his direction; or (b) that there has occurred the event or circumstances upon which, in accordance with the provisions of any charge, the money thereby secured ceases to be payable and that no money is owing under the charge, the Registrar shall order the charge to be cancelled in the register, and thereupon the land, lease or charge shall cease to be subject to the charge. Registered Land Law\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_81\", \"num\": \"81.\", \"text\": \"Tacking and further advances 81. (1) Provision may be made in the charge for a chargee to make further advances or give credit to the chargor on a current or continuing account, but, unless that provision is noted in the register, further advances shall not rank in priority to any subsequent charge except with the consent in writing of the proprietor of the subsequent charge. (2) Except as provided in this section, there is no right to tack.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_82\", \"num\": \"82.\", \"text\": \"Consolidation 82. A chargee has no right to consolidate his charge with any other charge unless the right is expressly reserved in the charges or in one of them and is noted in the register against all the charges so consolidated. Division 4 - Transfers\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_83\", \"num\": \"83.\", \"text\": \"Transfer 83. (l) A proprietor, by an instrument in the prescribed form, may transfer his land, lease or charge to any person with or without consideration. (2) The transfer shall be completed by registration of the transferee as proprietor of the land, lease or charge and by filing the instrument. (3) The transferee of a charge may require the chargor to execute the transfer for the purpose of acknowledging the amount due under the charge at the date of execution of the transfer.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_84\", \"num\": \"84.\", \"text\": \"Transfer to take effect immediately 84. A transfer to take effect on the happening of any event or on the fulfilment of any condition or at any future time shall not be capable of registration.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_85\", \"num\": \"85.\", \"text\": \"Conditions repugnant to interest transferred 85. (1) Any condition or limitation purporting to restrain absolutely a transferee or any person claiming under him from disposing of the interest transferred shall be void. (2) Any condition or limitation made in relation to a transfer which purports to determine the interest of the transferee on the happening of any future event or on the failure of any future event to happen shall be void. (3) Except as provided in sections 92 to 98 inclusive, no transfer of land shall contain a direction that the land shall be used or enjoyed by the transferee in a particular manner. Registered Land Law\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_86\", \"num\": \"86.\", \"text\": \"Transfer of part 86. No part of the land comprised in a register shall be transferred unless the proprietor has first subdivided the land and new registers have been opened in respect of each subdivision.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_87\", \"num\": \"87.\", \"text\": \"Transfer of leases 87. On the transfer of a lease, unless the contrary is expressed in the transfer there shall be implied \u2014 (a) a warranty on the part of the transferor that the rent, agreements and conditions on the part of the lessee to be paid, performed and observed have been so paid, performed and observed up to the date specified in the transfer or, if no such date is specified, the date of the transfer; and (b) an agreement on the part of the transferee to pay the said rent as from the day following the date specified in the transfer or the date of the transfer, as the case may be, and to perform and observe the said agreements and conditions.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_88\", \"num\": \"88.\", \"text\": \"Effect of transfer on agreements in leases 88. A transferee from a lessor or from a lessee shall possess all the rights, and be subject to all the liabilities, of the lessor or lessee, as the case may be, expressed or implied in the lease, or arising or which have arisen thereunder, and the transferor shall cease to be under any obligation or possessed of any rights in respect of the lease: Provided that nothing in this section shall affect rights or liabilities of the lessor or lessee, as the case may be, in respect of a breach of any of the agreements expressed or implied in the lease which occurred before transfer.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_89\", \"num\": \"89.\", \"text\": \"Transfer subject to charge 89. Save as otherwise expressly provided in the instrument in every transfer of land or a lease subject to a charge, there shall be implied an agreement by the transferee with the transferor to pay the interest secured by the charge at the rate and at the times and in the manner specified in the charge and to keep the transferor indemnified against the principal sum secured by the charge and from and against all liability in respect of any agreements on the part of the transferor therein contained or implied.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_90\", \"num\": \"90.\", \"text\": \"Transfer subject to lease 90. A transfer of land which is subject to a lease shall be valid without the lessee acknowledging the transferee as lessor, but nothing in this section \u2014 (a) affects the validity of any payment of rent made by the lessee to the transferor; or (b) renders the lessee liable, on account of his failure to pay rent to the transferee, for any breach of agreement to pay rent, Registered Land Law before notice of the transfer is given to the lessee by the transferee or transferor.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_91\", \"num\": \"91.\", \"text\": \"Transfer of unregistered leases 91. A transfer of a lease of registered land which lease does not require registration, and is not so registered, shall not itself require registration, but if application is made to the Registrar to register such transfer, he shall not do so unless the transfer is in the prescribed form and the lease and prior transfers or other dealings therewith have been registered. Division 5 - Easements, Positive and Restrictive Covenants, Profits and Licences\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_92\", \"num\": \"92.\", \"text\": \"Easements 92. (1) The proprietor of land or a lease may, by an instrument in the prescribed form, grant an easement over his land or the land comprised in his lease, to the proprietor or lessee of other land for the benefit of that other land. (2) Any proprietor transferring or leasing land or a lease may in the transfer or lease grant an easement, for the benefit of the land transferred or leased, over land retained by him, or reserve an easement for the benefit of land retained by him. (3) The instrument creating the easement shall specify clearly \u2014 (a) the nature of the easement, the period for which it is granted and, any conditions, limitations or restrictions intended to affect its enjoyment; (b) the land burdened by the easement and, if required by the Registrar, the particular part thereof so burdened; and (c) the land which enjoys the benefit of the easement, and shall, if required by the Registrar, include a plan sufficient in the Registrar\u2019s estimation to define the easement. (4) The grant or reservation of the easement shall be completed by its registration as an incumbrance in the register of the land burdened and in the property section of the land which benefits, and by filing the instrument. (5) An easement granted by the proprietor of a lease shall be capable of existing only during the subsistence of the lease.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_93\", \"num\": \"93.\", \"text\": \"Positive and restrictive covenants 93. (1) A covenant may be \u2014 (a) a positive covenant; or (b) a restrictive covenant, Registered Land Law and if registered under this Law is enforceable against the covenantor and the covenantor\u2019s successor in title by the owner or occupier of land benefitting from the covenant. (2) Where an instrument, other than a 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 Registrar shall file the instrument. (3) 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. (4) Unless it is noted in the register, a positive or restrictive covenant is not binding on any person acquiring the land or lease. (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 \u2014 (a) registering an interest under this Law; (b) exercising the person\u2019s 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. (8) Registration of a positive covenant has effect only in relation to a positive covenant registered after the coming into force of the Registered Lands (Amendment) Law, 2017 [Law 36 of 2017].\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_94\", \"num\": \"94.\", \"text\": \"Profits 94. (1) The proprietor of land or a lease may, by an instrument in the prescribed form, grant a profit. Registered Land Law (2) The instrument shall indicate clearly the nature of the profit, the period for which it is to be enjoyed and \u2014 (a) whether it is to be enjoyed in gross, or as appurtenant to other land or a lease; and (b) whether it is to be enjoyed by the grantee exclusively or by him in common with the grantor. (3) The grant of a profit shall be completed \u2014 (a) by its registration as an incumbrance in the register of the land or lease which it affects; (b) where it is appurtenant to other land or a lease, by its registration in the property section of the register of the land or lease to which it is appurtenant; and (c) by filing the instrument. (4) A profit which is not appurtenant to land may be dealt with as though it were land. (5) A profit granted by the proprietor of a lease shall be capable of subsisting only during the subsistence of a lease.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_95\", \"num\": \"95.\", \"text\": \"Release and extinguishment of easements, profits, positive or restrictive covenants 95. (1) Upon presentation of a duly executed release in the prescribed form the registration of the easement, profit, positive or restrictive covenants shall be cancelled, and the easement, profit, positive or restrictive covenants shall thereupon be extinguished. (2) On application of any person affected thereby, the Registrar may, after such advertisement as he may direct, cancel the registration of an easement, profit, positive or restrictive covenants upon proof to his satisfaction that \u2014 (a) the period of time for which it was intended to subsist has expired; (b) the event upon which it was intended to terminate has occurred; or (c) it has been abandoned.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_96\", \"num\": \"96.\", \"text\": \"Discharge and modification of easements, profits, positive or restrictive covenants 96. (1) The court shall have power, on the application of any person interested in land affected by an easement, profit, positive or restrictive covenants by order wholly or partially to extinguish or modify any such easement, profit, positive or restrictive covenants (with or without payment by the applicant of compensation to any person suffering loss in consequence of the order), on being satisfied that \u2014 Registered Land Law (a) by reason of changes in the character of the property or the neighbourhood or other circumstances of the case which the court deems material, the easement, profit, positive or restrictive covenants ought to be held to be obsolete; (b) the continued existence of the easement, profit, positive or restrictive covenants impedes the reasonable user of the land for public or private purposes without securing practical benefits to other persons or, as the case may be, will unless modified so impede such user to a different extent, from that which could reasonably have been foreseen by the original parties to the easement, profit, positive or restrictive covenant at the time of its creation; or (c) the proposed discharge or modification will not injure the person entitled to the benefit of the easement, profit, positive or restrictive covenants. (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.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_97\", \"num\": \"97.\", \"text\": \"Natural rights 97. Nothing in this Law shall be construed as derogating from the natural right to support, light, air or access to a highway appertaining to any land nor from such ancillary rights as are necessary for effective enjoyment of an easement.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_98\", \"num\": \"98.\", \"text\": \"Licences 98. (1) Without prejudice to section 127, a licence is not capable of registration. (2) A licence relating to the use or enjoyment of land is ineffective against a bona fide purchaser for valuable consideration unless the licensee has protected his interest by lodging a caution under that section. Division 5A - Dedication Of Land For Public Use 98A. Dedication of land for public use 98A. (1) A proprietor of land may, by an instrument in the prescribed form, dedicate his land for public use. (2) The instrument creating the dedication shall specify clearly \u2014 (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. Registered Land Law (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. 98B. Crown may dedicate land for road 98B. Subject to any other law, the Crown, through the Governor, may dedicate Crown land for public use as a road. 98C. Land vest in the Crown 98C. Where land has been dedicated for public use under this Law that land vests in, or remains vested in, the proprietor of the land. 98D. Discharge and modification of a dedication 98D. The court shall have power, on the application of any 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). 98E. Meaning of public use 98E. For the purposes of this Division \u201cpublic use\u201d includes use as a public road, use for beach access or use for any other public purpose specified by Cabinet. Division 6 - Co-proprietorship and Partition\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_99\", \"num\": \"99.\", \"text\": \"Registration of more than one proprietor 99. (1) Every instrument made in favour of two or more persons, and the registration giving effect to it, shall show \u2014 (a) whether such persons are joint proprietors or proprietors in common; and (b) where they are proprietors in common, the share of each proprietor. (2) The Governor may for any registration section prescribe either \u2014 (a) the maximum number (whether one or a greater number) of persons who are allowed to be registered in the same register as proprietors; or (b) the maximum denominator of the vulgar fraction which expresses the share of any proprietor, or both of them, and no dealing shall be registered if its effect would be that that number or that denominator, as the case may be, would be exceeded.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_100\", \"num\": \"100.\", \"text\": \"Characteristics of joint proprietorship and severance thereof 100. (1) Where the land, lease or charge is owned jointly, no proprietor is entitled to any separate share in the land, and consequently \u2014 (a) dispositions may be made only by all the joint proprietors; and Registered Land Law (b) on the death of a joint proprietor, his interest shall vest in the surviving proprietor or the surviving proprietors jointly. (2) For avoidance of doubt, it is hereby declared that \u2014 (a) the sole proprietor of any land, lease or charge may transfer the same to himself and another person jointly; and (b) a joint proprietor of any land, lease or charge may transfer his interest therein to all the other proprietors. (3) Joint proprietors, not being trustees, may execute an instrument in the prescribed form signifying that they agree to sever the joint proprietorship, and the severance shall be completed by registration of the joint proprietors as proprietors in common in equal shares and by filing the instrument.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_101\", \"num\": \"101.\", \"text\": \"Characteristics of proprietorship in common 101. (1) Where any land, lease or charge is owned in common, each proprietor shall be entitled to an undivided share in the whole, and on the death of a proprietor his share shall be administered as part of his estate. (2) No proprietor in common shall deal with his undivided share in favour of any person other than another proprietor in common of the same land, except with the consent in writing of the remaining proprietor or proprietors of the land, but such consent shall not be unreasonably withheld.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_102\", \"num\": \"102.\", \"text\": \"Partition of land owned in common 102. (1) An application for the partition of the land owned in common may be made in the prescribed form to the Registrar by \u2014 (a) any one or more of the proprietors; or (b) any person in whose favour an order has been made for the sale of an undivided share in the land in execution of a decree, and subject to this and any other law by or under which minimum areas or frontages are prescribed or the consent of any authority to a partition is required, the Registrar shall effect the partition of the land in accordance with any agreement of the proprietors in common, or, in the absence of agreement, in such manner as the Registrar may order. (2) Partition shall be completed by closing the register of the parcel partitioned and opening registers in respect of the new parcels created by the partition and filing the agreement or order. Registered Land Law\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_103\", \"num\": \"103.\", \"text\": \"When Registrar may order sale 103. (1) Where for any reason the land sought to be partitioned is incapable of partition or the partition would adversely affect the proper use of the land, and a demand is made by the applicant or one or more of the other proprietors in common that the land or any share or shares in the land be sold, the Registrar shall, in default of any agreement between the proprietors in common, value the land and the shares of the proprietors in common and order the sale of the land or the separation and sale of such shares by public auction or make such other order for the disposal of the application as he thinks fit. (2) A proprietor in common shall be entitled to purchase the land or any share so offered for sale, either at the auction or at any time by private treaty.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_104\", \"num\": \"104.\", \"text\": \"Procedure where share is small 104. (1) Where the land sought to be partitioned is capable of partition generally, but the resulting share of any particular proprietor in common would be less in area than any minimum prescribed by or under any written law, the Registrar shall add such share to the share of any other proprietor or distribute such share amongst two or more other proprietors in such manner and in such proportions as, in default of agreement, he thinks fit. (2) Where the Registrar proceeds in accordance with subsection (1), he shall assess the value of the share added or distributed and shall order that there be paid to the proprietor of the share by each proprietor who has received an addition to his share the value of such addition. (3) Where any sum is payable under subsection (2) by any proprietor in common to any other proprietor in common, the Registrar may order that such sum be secured by way of charge on the share of the person liable to pay it. PART VI - Instruments and Agents\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_105\", \"num\": \"105.\", \"text\": \"Form of instruments 105. (1) Every disposition of land, a lease or a charge shall be effected by an instrument in the prescribed form or in such other form as the Registrar may in any particular case approve, and every person shall use a printed form issued by the Registrar unless the Registrar otherwise permits. (2) Leases and charges shall be presented for registration in triplicate. (3) Instruments shall contain a true statement of the amount or value of the purchase price, loan or other consideration (if any), and an acknowledgement of the receipt of the consideration. Registered Land Law\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_106\", \"num\": \"106.\", \"text\": \"Execution of instruments 106. (1) Every instrument evidencing a disposition shall be executed by all persons shown by the register to be proprietors of the interest affected and by all other parties to the instrument: Provided that the Registrar may dispense with execution by any particular party (other than the donee under a disposition by way of gift) where he considers that such execution is unnecessary. (2) Subject to section 119(2), an instrument shall be deemed to have been executed only \u2014 (a) by a natural person, if signed by him; or (b) by a corporation \u2014 (i) if sealed with the common seal of the corporation, affixed thereto in the presence of and attested by its clerk, secretary or other permanent officer and by a member of the board of directors, council or other governing body of the corporation; or (ii) in the case of a corporation not required by law to have a common seal, if signed by such persons as are authorised in that behalf by any law or by the statute or charter of the corporation or, in the absence of any express provision, by the persons duly appointed in writing for that purpose by the corporation, evidence of which appointment has been produced to the satisfaction of the Registrar.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_107\", \"num\": \"107.\", \"text\": \"Verification of execution 107. (l) Subject to subsection (3), a person signing an instrument by way of execution shall appear before the Registrar or such public officer or other person as is prescribed and, unless he is known to the Registrar or such public officer or other person, shall be accompanied by a credible witness for the purpose of establishing his identity. (2) The Registrar, public officer or other person shall satisfy himself as to the identity of the person appearing before him and ascertain whether he freely and voluntarily executed the instrument, and shall complete thereon a certificate in the prescribed form as to these matters and to the effect that the person concerned signed the instrument before him in the appropriate place or places upon it. (3) An instrument which is required to be executed by or on behalf of the Crown shall be deemed to be executed when it has been signed by the Governor. (4) The Registrar may dispense with verification under this section \u2014 (a) if he considers that it cannot be obtained or can be obtained only with difficulty and he is otherwise satisfied that the document has been properly executed; or Registered Land Law (b) in cases in which to his knowledge the document has been properly executed, and shall record on the document his reasons for dispensing with the appearance of the parties. (5) No instrument executed out of the Islands shall be registered unless it has endorsed thereon or attached thereto a certificate in the prescribed form completed \u2014 (a) if the instrument was executed in the Commonwealth, by a Judge, magistrate, justice of the peace, notary public, commissioner for oaths or administrative officer; or (b) if the instrument was executed in a foreign country, by a British consular officer or pro-consul, notary public or such other person or class of persons as the Governor may determine.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_108\", \"num\": \"108.\", \"text\": \"Stamps 108. No instrument required by law to be stamped shall be accepted for registration unless it is duly stamped.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_109\", \"num\": \"109.\", \"text\": \"Disposal of instruments 109. Subject to subsection (2) and section 112(2), all instruments accepted by the Registrar shall be retained in the registry for as long as they support a current entry in the register and for six years thereafter. (2) When a lease or charge is registered, particulars of registration shall be noted on the duplicate and triplicate thereof, and the duplicate and triplicate shall be returned to the person who presented them. (3) Six years or more after an entry in the register has been superseded or has ceased to have any effect, the Registrar may destroy any instrument which supported the entry.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_110\", \"num\": \"110.\", \"text\": \"Minors 110. (1) For the avoidance of doubt, it is hereby declared that the name of a person under the age of eighteen years may be entered in the register either on first registration or as a transferee or on transmission. (2) Nothing in this section enables any such person to deal with land or any interest in land by virtue of such registration, and, where to his knowledge a minor is registered. the Registrar shall enter a restriction accordingly. (3) Where a disposition by a minor whose minority has not been disclosed to the Registrar has been registered, such disposition may not be set aside only on the grounds of minority. Registered Land Law\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_111\", \"num\": \"111.\", \"text\": \"Agents and persons under disability 111. (1) Except as provided in subsection (3), no instrument executed by any person as agent for any other person shall be accepted by the Registrar unless the person executing it was authorised in that behalf by a power of attorney executed and verified in accordance with sections 106 and 107. (2) The original of such power of attorney or, with the consent of the Registrar, a copy thereof certified by the Registrar shall be filed. (3) Where any person who, if not under a disability, might have made any application, done any act or been a party to any proceeding under this law or under any rules made thereunder is a minor, a person of unsound mind or a person under any other disability, the guardian of such person, or if there is no such guardian a person appointed under some written law to represent that person, may make any application, do any act and be party to any proceeding on behalf of that person, and shall generally represent that person for the purposes of this Law. (4) Before accepting any document executed by a guardian or a person so appointed to represent a person under a disability, the Registrar shall satisfy himself that the person claiming to be the guardian is entitled to execute the document or require the production of the appointment of the person so appointed, and shall file a note of the explanation which satisfied him or a copy of the appointment, as the case may be.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_112\", \"num\": \"112.\", \"text\": \"Gift to person under disability 112. A person under a disability who has been registered as proprietor of land, a lease or a charge acquired by him by way of gift may, within six months after he ceases to be under a disability, repudiate the gift if he has not already disposed of the subjectmatter thereof, but no such repudiation shall be effective until \u2014 (a) he has transferred the land, lease or charge to the donor who shall be bound to accept it; and (b) the transfer has been registered.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_113\", \"num\": \"113.\", \"text\": \"Power of attorney 113. (1) Upon the application of the donor or the donee of a power of attorney which contains any power to dispose of any interest in land, such power of attorney shall be entered in the register of powers of attorney and the original or, with the consent of the Registrar, a copy thereof certified by the Registrar shall be filed in the file of powers of attorney. (2) Every such power of attorney shall be in the prescribed form or such other form as the Registrar may, in any particular case, approve and shall be executed and verified in accordance with sections 106 and 107. Registered Land Law (3) The donor of a power of attorney filed in accordance with subsection (1) may, at any time, give notice to the Registrar in the prescribed form that the power has been revoked and thereupon the revocation shall be entered in the register of powers of attorney and noted upon the power and the notice shall be filed in the file of powers of attorney. (4) Any interested person may give notice in writing to the Registrar that a power of attorney which has been revoked by the death, bankruptcy or disability of the donor or the death or disability of the donee, accompanied by such evidence as the Registrar requires, and thereupon the revocation shall be entered in the register of powers of attorney and noted upon the power, and the notice shall be filed in the file of powers of attorney. (5) Subsections (3) and (4) do not apply to a power of attorney given for valuable consideration during any time which it is, by virtue of the terms thereof, irrevocable. (6) If, owing to the length of time since the execution of a power of attorney or for any other reason, the Registrar considers it desirable, he may require evidence that the power has not been revoked, and may refuse to register any disposition by the donee of the power of attorney until satisfactory evidence is produced. (7) The Powers of Attorney Law (1996 Revision) has no application to powers of attorney made under this section.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_114\", \"num\": \"114.\", \"text\": \"Effect of registered power of attorney 114. (1) A power of attorney which has been registered under section 113 and of which no notice of revocation has been registered under that section shall be deemed to be subsisting as regards any person acquiring any interest in land affected by the exercise of the power, for valuable consideration and without notice of revocation and in good faith, or any person deriving title under such a person. (2) Any person making any payment or doing any act in good faith in pursuance of a power of attorney registered under section 113 shall not be liable in respect of the payment or act by reason only that before the payment or act the donor of the power had died or become subject to a disability or become bankrupt, or had revoked the power, if the fact of death, disability, bankruptcy or revocation was not at the time of the payment or act known to the person making or doing the payment or act. Registered Land Law PART VII - Transmissions And Trusts\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_115\", \"num\": \"115.\", \"text\": \"Transmission on death of joint proprietor 115. If one, or two or more joint proprietors of any land, lease or charge dies, the Registrar, on proof to his satisfaction of the death, shall delete the name of the deceased from the register.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_116\", \"num\": \"116.\", \"text\": \"Transmission on death of sole proprietor or proprietor in common 116. (1) If a sole proprietor or a proprietor in common dies, his personal representative on application to the Registrar in the prescribed form and on production to him of the grant shall be entitled to be registered by transmission as proprietor in the place of the deceased with the addition after his name of the words \u201cas executor of the will of____________________________deceased\u201d or \u201cas administrator of the estate of_______________deceased\u201d, as the case may be. (2) Upon production of a grant, the Registrar may, without requiring the personal representative to be registered, register by transmission \u2014 (a) any transfer by the personal representative; and (b) any surrender of a lease or discharge of a charge by the personal representative. (3) In this section \u2014 \u201cgrant\u201d means the grant of probate of the will or the grant of letters of administration of the estate of the deceased proprietor.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_117\", \"num\": \"117.\", \"text\": \"Effect of transmission by death 117. (1) Subject to any restriction on his power of disposing of the land, lease or charge contained in his appointment, the personal representative or the person beneficially entitled on the death of the deceased proprietor, as the case may be, shall hold the land, lease or charge subject to any liabilities, rights or interests which are unregistered but are nevertheless enforceable and subject to which the deceased proprietor held the same, but for the purpose of any dealing he shall be deemed to have been registered as proprietor thereof with all the rights conferred by this Law on a proprietor who has acquired land, a lease or a charge, as the case may be, for valuable consideration. (2) The registration of any person as aforesaid shall relate back to and take effect from the date of the death of the proprietor. Registered Land Law\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_118\", \"num\": \"118.\", \"text\": \"Transmission on bankruptcy 118. (1) A trustee in bankruptcy shall, upon production to the Registrar of a certified copy of the order of court adjudging a proprietor bankrupt, or directing that the estate of a deceased proprietor shall be administered according to the law of bankruptcy, be registered as proprietor of any land, lease or charge of which the bankrupt or deceased proprietor is proprietor, in his place, and a copy of the order shall be filed in the registry. (2) A trustee in bankruptcy shall be described in the register as \u201ctrustee of the property of __________________________________________ a bankrupt\u201d. (3) The trustee in bankruptcy shall hold any land, lease or charge of which he is registered as proprietor subject to any restrictions contained in any law relating to bankruptcy or in any order of court and subject to any liabilities, rights or interests which are unregistered but are nevertheless enforceable and subject to which the bankrupt or the deceased proprietor held the same, but for the purpose of any dealing with such land, lease or charge the trustee in bankruptcy shall have all the rights and be subject to all the limitations conferred or imposed by this or any other law on a proprietor who has acquired land, a lease or charge for valuable consideration.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_119\", \"num\": \"119.\", \"text\": \"Liquidation 119. (1) Where a company is being wound up, the liquidator shall produce to the Registrar any resolution or order appointing him liquidator, and the Registrar shall enter the appointment in respect of any land, lease or charge of which the company is registered as proprietor, and shall file the copy of the resolution or order. (2) An instrument executed by or on behalf of a company in liquidation delivered for registration after the appointment of the liquidator has been entered under subsection (1), shall be sealed with the common seal of the company and attested by the liquidator or, in the case of a company not required by law to have a common seal, shall be signed by the liquidator whose signature shall be verified in accordance with section 107.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_120\", \"num\": \"120.\", \"text\": \"Transmission by compulsory acquisition or judgment of court 120. Where the Crown or any person has become entitled to any land, lease or charge under any law or by virtue of any order or certificate of sale made or issued under any law, the Registrar shall, on the application of any interested person supported by such evidence as he may require, register the Crown or the person entitled as the proprietor. Registered Land Law\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_121\", \"num\": \"121.\", \"text\": \"Trusts 121. (1) A person acquiring land, a lease or charge in a fiduciary capacity may be described by that capacity in the instrument of acquisition and, if so described, shall be registered with the addition of the words \u201cas trustee\u201d, but the Register shall not enter particulars of any trust in the register. (2) Any instrument which declares or is deemed to declare any trust, or a certified copy thereof, may be deposited with the Registrar for safe custody; but such instrument or copy shall not form part of the register or be deemed to be registered. (3) Where the proprietor of land, a lease or a charge is a trustee, he shall hold the same subject to any unregistered liabilities, rights or interests to which it is subject by virtue of the instrument creating the trusts, but for the purpose of any registered dealings he shall be deemed to be the absolute proprietor thereof, and no person dealing in good faith for valuable consideration shall be deemed to have notice of the trust, nor shall any breach of the trust create any right to indemnity under this Law.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_122\", \"num\": \"122.\", \"text\": \"Survivor of trustees 122. Whenever two or more proprietors are registered jointly as trustees and the survivor of such proprietors would not be entitled to exercise alone the powers which are vested in them, the Registrar shall enter a restriction to that effect.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_123\", \"num\": \"123.\", \"text\": \"Application of Settled Land Law (1998 Revision) 123. (1) The Settled Land Law (1998 Revision) shall, with necessary adaptations and modifications, apply to any land or lease registered under this Law and the person who is for the time being the tenant for life under a settlement may be registered as the proprietor of such land or lease. (2) An instrument creating a settlement, or a certified copy thereof, may be deposited with the Registrar for safe custody, but such instrument or copy shall not form part of the register or be deemed to be registered. PART VIII - Restraints on Disposition - Division 1-Inhibitions\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_124\", \"num\": \"124.\", \"text\": \"Power of court to inhibit registered dealings 124. (1) The court may make an order (hereinafter referred to as an inhibition) inhibiting for a particular time or until the occurrence of a particular event, or generally until further order, the registration of any dealing with any land, lease or charge. (2) A copy of the inhibition under the seal of the court, with particulars of the land, lease or charge affected thereby, shall be sent to the Registrar, who shall register Registered Land Law it in the appropriate register, and no inhibition shall bind or affect the land, lease or charge until it has been registered.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_125\", \"num\": \"125.\", \"text\": \"Effect of inhibition 125. So long as an inhibition remains registered, no instrument which is inconsistent with it shall be registered.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_126\", \"num\": \"126.\", \"text\": \"Cancellation of inhibition 126. The registration of an inhibition shall be cancelled only \u2014 (a) on the expiration of the time limited by the inhibition; (b) on proof to the satisfaction of the Registrar of the occurrence of the event specified in the inhibition; (c) on the land, lease or charge being sold by the chargee, unless such sale is itself inhibited; or (d) by order of the court. Division 2 - Cautions\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_127\", \"num\": \"127.\", \"text\": \"Lodging of cautions 127. (1) Any person who \u2014 (a) claims any unregisterable interest whatsoever in land, a lease or a charge; (b) is entitled to a licence; (c) has presented a bankruptcy petition against the proprietor of any registered land, lease or charge; or (d) being a bank, has advanced money on a current account to the proprietor of land, a lease or charge, may lodge a caution with the Registrar forbidding the registration of dispositions of the land, lease or charge concerned and the making of entries affecting the same. (2) A caution may either \u2014 (a) forbid the registration of dispositions and the making of entries altogether; or (b) forbid the registration of dispositions and the making of entries to the extent therein expressed. (3) A caution shall be in the prescribed form and shall state the interest claimed by the cautioner, and the Registrar may require the cautioner to support it by a statutory declaration. (4) The Registrar may refuse a caution which he considers unnecessary. Registered Land Law (5) Subject to this section, the caution shall be registered in the appropriate register.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_128\", \"num\": \"128.\", \"text\": \"Notice and effect of caution 128. (1) The Registrar shall give notice in writing of a caution to the proprietor whose land, lease or charge is affected by it. (2) So long as a caution remains registered no disposition which is inconsistent with it shall be registered except with the consent of the cautioner or by order of the court.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_129\", \"num\": \"129.\", \"text\": \"Withdrawal and removal of caution 129. (1) A caution may be withdrawn by the cautioner or removed by order of the court or, subject to subsection (2), by order of the Registrar. (2) (a) The Registrar may, on the application of any person interested, serve notice on the cautioner warning him that his caution will be removed at the expiration of the time stated in the notice. (b) If, at the expiration of the time stated, the cautioner has not objected, the Registrar may remove the caution. (c) If the cautioner objects to the removal of the caution, he shall notify the Registrar in writing of his objection within the time specified in the notice, and the Registrar, after giving the parties an opportunity of being heard, shall make such order as he thinks fit and may, in the order, make provision for the payment of costs. (3) On registration of a transfer by a chargee in exercise of his powers of sale under section 75, the Registrar shall remove any caution which purports to prohibit any dealing by the chargor and which was registered after the charge by virtue of which the transfer has been effected. (4) On the withdrawal or removal of a caution, its registration shall be cancelled, but any liability of the cautioner previously incurred under section 131 shall not be affected by the cancellation.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_130\", \"num\": \"130.\", \"text\": \"Second caution in respect of same matter 130. The Registrar may refuse to accept a further caution by the same person or anyone on his behalf in relation to the same matter as a previous caution.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_131\", \"num\": \"131.\", \"text\": \"Wrongful cautions 131. Any person who lodges or maintains a caution wrongfully and without reasonable cause shall be liable in an action for damages, at the suit of any person who has thereby sustained damage, to pay compensation to such person. Registered Land Law Division 3 - Restrictions\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_132\", \"num\": \"132.\", \"text\": \"Restrictions 132. (1) For the prevention of any fraud or improper dealing or for any other sufficient cause, the Registrar may, either with or without the application of any person interested in the land, lease or charge, after directing such inquiries to be made and notices to be served and hearing such persons as he thinks fit, make an order (hereinafter referred to as a restriction) prohibiting or restricting dealings with any particular land, lease or charge. (2) A restriction may be expressed to endure \u2014 (a) for a particular period; (b) until the occurrence of a particular event; or (c) until the making of a further order, and may prohibit or restrict all dealings or only such dealings as do not comply with specified conditions, and the restriction shall be registered in the appropriate register. (3) The Registrar shall order a restriction to be entered in any case where it appears to him that the power of the proprietor to deal with the land, lease or charge is restricted.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_133\", \"num\": \"133.\", \"text\": \"Notice and effect of restriction 133. (1) Upon the entry of a restriction the Registrar shall give notice thereof in writing to the proprietor affected thereby. (2) So long as any restriction remains registered, no instrument which is inconsistent with it shall be registered except by order of the court or of the Registrar.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_134\", \"num\": \"134.\", \"text\": \"Removal and variation of restrictions 134. (1) The Registrar may, at any time, upon application by any person interested or of his own motion, and after giving the parties affected thereby an opportunity of being heard, order the removal or variation of a restriction. (2) Upon the application of a proprietor affected by a restriction, and upon notice thereof to the Registrar, the court may order a restriction to be removed or varied, or make such other order as it thinks fit, and may make an order as to costs. Registered Land Law PART IX - Prescription\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_135\", \"num\": \"135.\", \"text\": \"Acquisition of title by possession 135. The Limitation Law (1996 Revision) shall apply to registered land in the same manner and to the same extent as it applies to land not registered, except that where, if the land were not registered, the estate, right or interest of the owner therein would be extinguished, such estate, right or interest shall not be extinguished but shall be deemed to be held by the proprietor for the time being in trust for the person who, by virtue of the said law, has acquired title against any proprietor, but without prejudice to the rights and interests of any other person interested in the land whose right or interest is not extinguished by the said law.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_136\", \"num\": \"136.\", \"text\": \"Application to register title acquired by possession 136. Any person claiming to have acquired a title to registered land by virtue of the Limitation Law (1996 Revision) may apply to the Registrar to be registered as proprietor thereof.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_137\", \"num\": \"137.\", \"text\": \"Procedure on application 137. (1) On application by any person for registration as proprietor under section 135, the application shall be advertised by the Registrar at the expense of the applicant in such manner as the Registrar may direct. (2) The Registrar shall give notice of any such application to the proprietor of the land affected and to any other persons who may, in his opinion, be affected thereby. (3) After one month has elapsed from the date of giving notice under subsection (2), the Registrar, on being satisfied as to the applicant\u2019s title, may allow the application and register him as proprietor of the land claimed, either with absolute or provisional title, as the case may require, but without prejudice to any interests protected by any entry on the register which may not have been extinguished under the Limitation Law (1996 Revision). (4) The proprietor or the applicant or any other persons interested, may apply to the court for the determination of any question arising under this section or sections 136 and 137.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_138\", \"num\": \"138.\", \"text\": \"Acquisition of easements and profits by prescription 138. (1) Subject to the Prescription Law (1997 Revision) easements and profits may be acquired without registration by peaceable, open and uninterrupted enjoyment thereof for a period of twenty years: Provided that no easement or profit shall be so acquired unless the proprietor of the land burdened by such easement or profit is, or by reasonable diligence might have been, aware of such enjoyment and might by his own efforts have prevented it. Registered Land Law (2) Where any person claims to have acquired an easement or profit by virtue of subsection (1) he may apply to the Registrar for the registration thereof, and the Registrar, on being satisfied as to the claim and subject to such notices, advertisement and conditions as the Registrar may direct, shall register the easement or profit as an incumbrance on the register of the land affected and, in the case of an easement, in the property register of the land which benefits. PART X - Rectification and Indemnity\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_139\", \"num\": \"139.\", \"text\": \"Rectification by Registrar 139. (1) The Registrar may rectify the register or any instrument presented for registration \u2014 (a) in formal matters and in the case of errors or omissions not materially affecting the interests of any proprietor; (b) where any person has acquired an interest in land by prescription under Part IX; (c) in any case and at any time, with the consent of all persons interested; and (d) where, upon resurvey, a dimension or area shown in the register or Registry Map is found to be incorrect, but in such case the Registrar shall first give notice to all persons appearing by the register to be interested or affected of his intention so to rectify. (2) Upon proof of the change of the name or address of any proprietor, the Registrar shall, on the written application of the proprietor, make an entry in the register to record the change.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_140\", \"num\": \"140.\", \"text\": \"Rectification by court 1997 Revision 140. (1) Subject to the Land Adjudication Law (1997 Revision) and to subsection (2), the court may order rectification of the register by directing that any registration be cancelled or amended where it is satisfied that any registration including a first registration has been obtained, made or omitted by fraud or mistake. (2) The register shall not be rectified so as to affect the title of a proprietor who is in possession or is in receipt of the rents or profits and acquired the land, lease or charge for valuable consideration, unless such proprietor had knowledge of the omission, fraud or mistake in consequence of which the rectification is sought, or caused such omission, fraud or mistake or substantially contributed to it by his act, neglect or default.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_141\", \"num\": \"141.\", \"text\": \"Right of indemnity 141. (1) Subject to this and any law relating to the limitation of actions, any person suffering damage by reason of \u2014 Registered Land Law (a) any rectification of the register under this Law; (b) any mistake or omission in the register which cannot be rectified under this Law, other than a mistake or omission in a first registration; or (c) error in a certificate of official search issued by the Registrar or in a copy of or extract from the register or in a copy of or extract from any document or plan, certified under this Law, shall be entitled to be indemnified by the Government out of moneys provided by the Legislative Assembly. (2) No indemnity shall be payable under this Law to any person who has himself caused or substantially contributed to the damage by his fraud or negligence, or who derives title (otherwise than under a registered disposition made bona fide for valuable consideration) from a person who so caused or substantially contributed to the damage.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_142\", \"num\": \"142.\", \"text\": \"Amount of indemnity 142. Where an indemnity is awarded in respect of the loss of any interest in land, it shall not exceed \u2014 (a) where the register is not rectified, the value of the interest at the time when the mistake or omission which caused the damage was made; or (b) where the register is rectified, the value of the interest immediately before the time of rectification.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_143\", \"num\": \"143.\", \"text\": \"Procedure for claiming indemnity 143. The Registrar may, on the application of any interested party, determine whether a right of indemnity has arisen under this Part and, if so, award indemnity, and may add thereto any costs and expenses properly incurred in relation to the matter.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_144\", \"num\": \"144.\", \"text\": \"Recovery of indemnity 144. Where any moneys are paid by way of indemnity under this Part, the Governor shall be entitled to recover by suit or otherwise the amount so paid from any person who has caused or substantially contributed to the loss by his fraud or negligence, and to enforce any express or implied agreement or other right which the person who is indemnified would have been entitled to enforce in relation to the matter in respect of which the indemnity has been paid. Registered Land Law\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_145\", \"num\": \"145.\", \"text\": \"Errors in survey 145. (1) As between the Government and a proprietor no claim to indemnity shall arise and no suit shall be maintained on account of any surplus or deficiency in the area or measurement of any land disclosed by a survey showing an area of measurement differing from the area or measurement disclosed on any subsequent survey or from the area or measurement shown in the register or on the Registry Map. (2) As between a proprietor and any person from or through whom he acquired the land, no claim to indemnity shall be maintainable on account of any surplus or deficiency in the area or measurement above or below that shown in any other survey or above or below the area or measurement shown in the register or on the Registry Map, after a period of six months from the date of registration of the instrument under which the proprietor acquired the land. PART XI - Decisions of Registrar and Appeals\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_146\", \"num\": \"146.\", \"text\": \"Power of Registrar to state case 146. Whenever any question arises with regard to the exercise of any power or the performance of any duty conferred or imposed on him by this Law, the Registrar may, and shall if required to do so by an aggrieved party, state a case for the opinion of the court; and thereupon the court shall give its opinion which shall be binding upon the Registrar.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_147\", \"num\": \"147.\", \"text\": \"Appeals 147. (1) The Governor or any person aggrieved by a decision, direction, order, determination or award of the Registrar may, within thirty days of the decision, direction, order, determination or award, give notice to the Registrar in the prescribed form of his intention to appeal to the court against the decision, direction, order, determination or award. (2) On receipt of a notice of appeal, the Registrar shall prepare and send to the court and to the appellant, and to any other person appearing to him from the register to be affected by the appeal, a brief statement of the question in issue. (3) On the hearing of the appeal, the appellant, the Registrar and any other person who, in the opinion of the court, is affected by the appeal may, subject to any rules of court, appear and be heard in person or by a legal practitioner. (4) The court may make such order on the appeal as the circumstances may require, and every such order shall be given effect to by the Registrar. (5) The costs of the appeal shall be in the discretion of the court. (6) The Governor or any person aggrieved by an order of the court, may appeal to the Court of Appeal within such time and in such manner as may be regulated Registered Land Law by the law and rules of court for time being in force relating to appeals in civil cases.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_148\", \"num\": \"148.\", \"text\": \"Effect of appeal on disposition 148. (1) An appeal to the court shall not affect a disposition for valuable consideration made in good faith and registered before delivery of notice of the appeal to the Registrar. (2) A note that an appeal is pending shall be made in the register affected by the appeal and any disposition shall be subject to such notice.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_149\", \"num\": \"149.\", \"text\": \"Appeal Rules 149. The Chief Justice may make rules of court for regulating applications and appeals to the court under this Law, and for the fees to be paid in respect thereof. PART XII - Application of Existing Laws\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_150\", \"num\": \"150.\", \"text\": \"Cesser of application of Registration (Land) Law 150. Without prejudice to any thing done or established thereunder, the Registration (Land) Law (1996 Revision) shall cease to apply to any parcel of land, lease or charge registered under this Law.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_151\", \"num\": \"151.\", \"text\": \"Cesser of application of Public Recorder Law 151. The Public Recorder Law (2010 Revision) shall have no application in respect of any document evidencing any transaction registrable under this Law in respect of any parcel of land, lease or charge registered under this Law. PART XIII - Miscellaneous\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_152\", \"num\": \"152.\", \"text\": \"Addresses 152. Any person who, under this Law, submits a caution or any instrument for registration, or is the proprietor of any land, lease or charge, shall furnish to the Registrar, in writing, a postal address within the Islands for service and shall notify him in writing of any change in that address: Provided that the Registrar may, in his discretion, dispense with this requirement in regard to any particular registration or kind of registration.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_153\", \"num\": \"153.\", \"text\": \"Service of notices 153. A notice under this Law shall be deemed to have been served on or given to any person if \u2014 Registered Land Law (a) served on him personally; (b) served on an attorney holding a power of attorney whereunder such attorney is authorised to accept such service; (c) sent by registered post to him at his last known postal address in the Islands or elsewhere and a receipt purporting to have been signed by him has been received in return; or (d) service cannot be effected in one of the above-mentioned ways, by displaying it in a prominent place on the land affected and by publishing it in three consecutive issues of the Gazette.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_154\", \"num\": \"154.\", \"text\": \"Prohibition on certain foreign bodies corporate holding land 154. Notwithstanding that it may be empowered to do so under the law of any other jurisdiction or by its memorandum of association (by whatsoever name so called) a body corporate (by whatsoever name so called) which is not \u2014 (a) an existing company, as defined in section 2(1) of the Companies Law (2018 Revision); (b) formed and registered under the Companies Law (2018 Revision); or (c) registered as a foreign company under Part IX of the Companies Law (2018 Revision), has no power to be registered as a proprietor or in any other manner to hold land in the Islands.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_155\", \"num\": \"155.\", \"text\": \"Meaning of \u201copportunity of being heard\u201d 155. (1) Where, by this Law, a thing is to be or may be done after giving a person an opportunity of being heard, that person shall be deemed to have been given such an opportunity if \u2014 (a) he attends before the Registrar personally or by a legal practitioner or other agent, and is given such an opportunity; (b) he intimates, personally or by a legal practitioner or other agent, that he does not wish to be heard; or (c) he fails to attend pursuant to a notice in writing indicating the nature of the thing to be done and appointing a day and time not less than thirty days after service of the notice at which he will, if he attends before the Registrar be heard. (2) Where a person or legal practitioner or other agent on his behalf attends before the Registrar concerning a matter on which he is entitled to an opportunity of being heard, or fails to attend pursuant to such a notice as aforesaid, the Registrar may, if he thinks fit, adjourn the hearing from time to time, and, not withstanding a failure to attend, may, if he thinks fit, hear such person at any time. Registered Land Law (3) Where by this Law all persons interested are to be given an opportunity of being heard, it shall be sufficient if all persons who, according to any subsisting entry in the register, appear to be so interested or affected are given such opportunity.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_156\", \"num\": \"156.\", \"text\": \"Offences 156. (1) Whoever \u2014 (a) knowingly misleads or deceives any person authorised by or under this Law to require information in respect of any land or interest in land; (b) fraudulently issues or makes, or fraudulently procures the issue or making, of any certificate or other document, or any registration, or any erasure or alteration in any certificate or other document or in any register; (c) fraudulently uses, assists in fraudulent using or is privy to the fraudulent use of any instrument or form purporting to be issued or authorised by the Registrar; or (d) causes any defacement, obliteration, mutilation or unauthorised entry or alteration to be made on or in any register or filed instrument, is guilty of an offence and liable to a fine of five thousand dollars and to imprisonment for three years. (2) Whoever, after the delivery to him of a summons to attend before the Registrar or to produce any document, neglects or refuses without reasonable cause to attend in accordance with the summons, or to produce any document which he is required by the summons to produce, or to answer upon oath or otherwise any question which is lawfully put to him by the Registrar under the powers conferred by this Law, is guilty of an offence and liable on summary conviction to a fine of fifty dollars.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_157\", \"num\": \"157.\", \"text\": \"Fees 157. (1) There shall be payable in respect of land certificates, certificates of leases, searches, survey plans, printed forms and all other matters connected with registration, such fees as shall from time to time be prescribed and the Registrar may refuse registration until the fees are paid. (2) The Registrar may act notwithstanding that the prescribed fee or any part thereof has not been paid, but the unpaid fee or part of a fee shall be recorded in the register. (3) The Registrar may refuse to register a disposition of any land, lease or charge against which unpaid fees are recorded until such fees are paid.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_158\", \"num\": \"158.\", \"text\": \"Recovery of fees and expenses 158. Unpaid fees or expenses incurred by the Registrar shall constitute a civil debt recoverable by the Registrar in the appropriate court. Registered Land Law\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_159\", \"num\": \"159.\", \"text\": \"Enforcement of Registrar\u2019s orders for payment 159. An order for the payment of a sum of money made by the Registrar under any power conferred by this Law shall be deemed to be an order of the court and shall be enforceable as such.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_160\", \"num\": \"160.\", \"text\": \"Jurisdiction of courts 160. Civil suits and proceedings relating to the ownership or the possession of land, or to a lease or charge, registered under this Law, or to any interest in any such land, lease or charge, being an interest which is registered which is referred to in section 28 shall be tried by the court having jurisdiction having regard to the value of the suit.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_161\", \"num\": \"161.\", \"text\": \"Rules 161. The Cabinet may make rules generally to give effect to the purposes and provisions of this Law, and in particular, and without prejudice to the generality of the foregoing, for prescribing the forms to be used and the fees payable for anything to be done hereunder and for prescribing anything which under this Law may be prescribed.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_162\", \"num\": \"162.\", \"text\": \"Saving of rights 162. Nothing in this Law shall prejudice any of the interests, rights, powers and privileges conferred on the Crown or the Government by any other law.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_163\", \"num\": \"163.\", \"text\": \"Law to bind Crown and Government 163. Subject to section 162, this Law binds the Crown and the Government.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_164\", \"num\": \"164.\", \"text\": \"How matters not provided for in Law to be decided 164. Any matter not provided for in this or any other law in relation to land, leases and charges registered under this Law, and interests therein, shall be decided in accordance with the principles of justice, equity and good conscience. Publication in consolidated and revised form authorised by the Cabinet this 13th day of March, 2018. Kim Bullings Clerk of the Cabinet\", \"element\": \"section\", \"heading\": null}], \"meta\": {\"notes\": null, \"workflow\": null, \"lifecycle\": {\"source\": \"#cilegis\", \"eventRef\": [{\"eId\": \"e_commence_2018_03_27\", \"date\": \"2018-03-27\", \"type\": \"generation\", \"source\": \"#cilegis\"}]}, \"references\": {\"source\": \"#canary\", \"TLCRole\": [], \"TLCEvent\": [{\"eId\": \"ev_commencement\", \"href\": \"\/akn\/ontology\/canary\/event\/commencement\", \"showAs\": \"commencement\"}], \"TLCPerson\": [], \"TLCConcept\": [{\"eId\": \"inForce\", \"href\": \"\/akn\/ontology\/canary\/concept\/temporal\/in-force\", \"showAs\": \"in force\"}], \"TLCProcess\": [], \"TLCLocation\": [], \"TLCOrganization\": [{\"eId\": \"cilegis\", \"href\": \"\/akn\/ontology\/canary\/organization\/editor\/cilegis\", \"showAs\": \"Cayman Islands legislation mirror (kyleg)\"}]}, \"temporalData\": {\"source\": \"#cilegis\", \"temporalGroup\": [{\"eId\": \"tg_inforce_2018_03_27\", \"timeInterval\": [{\"end\": null, \"start\": \"#e_commence_2018_03_27\", \"duration\": null, \"refersTo\": \"#inForce\"}]}]}, \"classification\": null, \"identification\": {\"source\": \"#cilegis\", \"FRBRWork\": {\"FRBRuri\": \"\/akn\/ky\/act\/1971\/21\", \"FRBRdate\": [{\"date\": \"2018-03-27\", \"name\": \"generation\"}], \"FRBRthis\": \"\/akn\/ky\/act\/1971\/21\/!main\", \"FRBRalias\": [{\"name\": \"cmsId\", \"value\": \"1971-0021\"}], \"FRBRauthor\": [{\"as\": \"#editor\", \"href\": \"\/akn\/ontology\/canary\/organization\/editor\/cilegis\"}], \"FRBRnumber\": \"21 of 1971\", \"FRBRcountry\": \"ky\", \"FRBRsubtype\": \"principal\"}, \"FRBRExpression\": {\"FRBRuri\": \"\/akn\/ky\/act\/1971\/21\/eng@2018-03-27\", \"FRBRdate\": [{\"date\": \"2018-03-27\", \"name\": \"generation\"}], \"FRBRthis\": \"\/akn\/ky\/act\/1971\/21\/eng@2018-03-27\/!main\", \"FRBRauthor\": [{\"as\": \"#editor\", \"href\": \"\/akn\/ontology\/canary\/organization\/editor\/cilegis\"}], \"FRBRlanguage\": \"eng\"}, \"FRBRManifestation\": {\"FRBRuri\": \"\/akn\/ky\/act\/1971\/21\/eng@2018-03-27.xml\", \"FRBRdate\": [{\"date\": \"2026-06-22\", \"name\": \"generation\"}], \"FRBRthis\": \"\/akn\/ky\/act\/1971\/21\/eng@2018-03-27.xml\", \"FRBRauthor\": [{\"as\": \"#editor\", \"href\": \"\/akn\/ontology\/canary\/organization\/editor\/cilegis\"}], \"FRBRformat\": \"application\/xml\"}}}, \"name\": \"act\", \"header\": {\"title\": \"Registered Land Act\", \"actNumber\": \"21 of 1971\", \"longTitle\": null}}, \"doc\": null, \"bill\": null, \"judgment\": null}}","akn_full_text":"CAYMAN ISLANDS\n\nREGISTERED LAND LAW\n\n(2018 Revision)\nSupplement No. 4 published with Extraordinary Gazette No. 25 of 27th March, 2018.\n\nPage 2\nRevised as at 28th day of February, 2018\nc\n\nPUBLISHING DETAILS\nLaw 21 of 1971 consolidated with Laws 9 of 1977, 27 of 1977 (part), 8 of 1979 (part), 16\nof 1985, 19 of 1987, 12 of 1991 (part), 32 of 1993, 6 of 2003 and 36 of 2017.\n\nRevised under the authority of the Law Revision Law (1999 Revision).\n\nOriginally enacted \u2014\nLaw 21 of 1971-17th December, 1971\nLaw 9 of 1977-19th May, 1977\nLaw 27 of 1977-5th December, 1977\nLaw 8 of 1979-9th April, 1979\nLaw 16 of 1985-24th May, 1985\nLaw 19 of 1987-11th September, 1987\nLaw 12 of 1991-3rd July, 1991\nLaw 32 of 1993-29th November, 1993\nLaw 6 of 2003-12th August, 2003\nLaw 36 of 2017-27th March, 2017\n\nConsolidated and revised this 28th day of February, 2018.\n\nNote (not forming part of the Law): This revision replaces the 2004 Revision which\nshould now be discarded.\n\nRegistered Land Law\nArrangement of Sections\n\nc\nRevised as at 28th day of February, 2018\nPage 3\n\nCAYMAN ISLANDS\n\nREGISTERED LAND LAW\n(2018 Revision)\nArrangement of Sections\nSection\nPage\nPART I - Introductory\n1.\nShort title ...................................................................................................................................9\n2.\nDefinitions ..................................................................................................................................9\n3.\nReconciliation with other laws .................................................................................................. 11\nPART II - Organisation and Administration\nDivision 1 - Land Registries and Officers\n12\n4.\nThe land registry ...................................................................................................................... 12\n5.\nRegistrar .................................................................................................................................. 12\n6.\nGeneral powers of Registrar .................................................................................................... 12\n7.\nIndemnity of officers ................................................................................................................. 13\n8.\nSeal of registry ......................................................................................................................... 13\nDivision 2 - The Land Register\n13\n9.\nThe Land Register ................................................................................................................... 13\n10.\nCompilation of the Land Register ............................................................................................. 14\n11.\nManner of registration .............................................................................................................. 14\n12.\nCancellation of obsolete entries ............................................................................................... 14\n13.\nNew editions of Register .......................................................................................................... 14\nDivision 3 - Map, Parcels and Boundaries\n15\n14.\nRegistry Map ........................................................................................................................... 15\n15.\nCorrection of the Registry Map and new editions ..................................................................... 15\n16.\nMutation................................................................................................................................... 15\n17.\nGeneral boundaries ................................................................................................................. 16\n\nArrangement of Sections\nRegistered Land Law\n\nPage 4\nRevised as at 28th day of February, 2018\nc\n\n18.\nFixed boundaries ..................................................................................................................... 16\n19.\nMaintenance of boundary features ........................................................................................... 16\n20.\nInterference with boundary features ......................................................................................... 17\n21.\nCombinations and subdivisions ................................................................................................ 17\n21A. Division of land for estate purposes ......................................................................................... 18\n22.\nReparcellation.......................................................................................................................... 19\nDivision 3A - Volumetric Plans and Volumetric Parcels\n19\n22A. A volumetric parcel is land ....................................................................................................... 19\n22B. Volumetric plan can only be registered to one parcel ............................................................... 19\n22C. Title to remain in proprietor of base parcel ............................................................................... 19\n22D. Cancellation of a volumetric plan ............................................................................................. 20\nPART III - Effect Of Registration\n23.\nEffect of registration with absolute title ..................................................................................... 20\n24.\nEffect of registration with provisional title ................................................................................. 21\n25.\nEffect of registration of a lease................................................................................................. 21\n26.\nEffect of registration as Crown land ......................................................................................... 21\n27.\nVoluntary transfer .................................................................................................................... 21\n28.\nOverriding interests.................................................................................................................. 21\n29.\nConversion of provisional into absolute title ............................................................................. 22\n30.\nEntries to constitute actual notice ............................................................................................ 22\nPART IV - Certificates and searches\n31.\nLand certificates and certificates of lease ................................................................................. 23\n32.\nProduction of certificates.......................................................................................................... 23\n33.\nDispositions of leases and charges .......................................................................................... 23\n34.\nLost or destroyed certificates ................................................................................................... 24\n35.\nSearches and copies ............................................................................................................... 24\n36.\nEvidence.................................................................................................................................. 24\nPART V \u2013 Dispositions\nDivision 1 - General\n25\n37.\nSubsequent dealings ............................................................................................................... 25\n38.\nProtection of persons dealing in registered land ....................................................................... 25\n39.\nTime for registration ................................................................................................................. 26\n40.\nPower to compel registration ................................................................................................... 26\n41.\nPriority of registered interests .................................................................................................. 26\n42.\nStay of registration ................................................................................................................... 27\n43.\nMerger of registered interests .................................................................................................. 27\nDivision 2 - Leases\n27\n44.\nLeases ..................................................................................................................................... 27\n45.\nPeriodic tenancies ................................................................................................................... 28\n46.\nRegistration of leases .............................................................................................................. 28\n47.\nLessor\u2019s consent to dealing with lease ..................................................................................... 28\n48.\nLease of charged land ............................................................................................................. 28\n49.\nDuration of leases .................................................................................................................... 28\n50.\nFuture leases ........................................................................................................................... 29\n\nRegistered Land Law\nArrangement of Sections\n\nc\nRevised as at 28th day of February, 2018\nPage 5\n\n51.\nHolding over ............................................................................................................................ 29\n52.\nAgreements implied in leases on part of lessor ........................................................................ 29\n53.\nAgreements implied in leases on part of lessee ....................................................................... 30\n54.\nMeaning of \u201cin repair\u201d ............................................................................................................... 31\n55.\nLessor\u2019s right of forfeiture and effect of forfeiture of subleases ................................................. 31\n56.\nNotice before forfeiture ............................................................................................................ 32\n57.\nRelief against forfeiture ............................................................................................................ 32\n58.\nVariation and extension of leases ............................................................................................ 33\n59.\nSubstitution of leases ............................................................................................................... 33\n60.\nSubleases ................................................................................................................................ 33\n61.\nSurrender of leases ................................................................................................................. 33\n62.\nDetermination of leases ........................................................................................................... 34\n63.\nVoluntary registration of leases ................................................................................................ 34\nDivision 3 - Charges\n35\n64.\nForm and effect of charges ...................................................................................................... 35\n65.\nSecond or subsequent charges ............................................................................................... 35\n66.\nPresumption that money paid is interest .................................................................................. 35\n67.\nAgreements implied in charges ................................................................................................ 36\n68.\nChargee\u2019s consent to transfer .................................................................................................. 37\n69.\nVariation of charges ................................................................................................................. 37\n70.\nRight of redemption ................................................................................................................. 37\n71.\nRight of third party to transfer of charge ................................................................................... 38\n72.\nChargee\u2019s remedies ................................................................................................................. 38\n73.\nAppointment, powers, remuneration and duties of receiver ...................................................... 39\n74.\nChargee\u2019s powers of leasing .................................................................................................... 40\n75.\nPower of sale ........................................................................................................................... 41\n76.\nApplication of purchase money ................................................................................................ 41\n77.\nVariation of powers .................................................................................................................. 42\n78.\nNo right of entry into possession or foreclosure ....................................................................... 42\n79.\nDischarge of charge ................................................................................................................. 42\n80.\nSatisfaction of charges............................................................................................................. 42\n81.\nTacking and further advances .................................................................................................. 43\n82.\nConsolidation ........................................................................................................................... 43\nDivision 4 - Transfers\n43\n83.\nTransfer ................................................................................................................................... 43\n84.\nTransfer to take effect immediately .......................................................................................... 43\n85.\nConditions repugnant to interest transferred ............................................................................ 43\n86.\nTransfer of part ........................................................................................................................ 44\n87.\nTransfer of leases .................................................................................................................... 44\n88.\nEffect of transfer on agreements in leases ............................................................................... 44\n89.\nTransfer subject to charge ....................................................................................................... 44\n90.\nTransfer subject to lease .......................................................................................................... 44\n91.\nTransfer of unregistered leases ............................................................................................... 45\nDivision 5 - Easements, Positive and Restrictive Covenants, Profits and Licences\n45\n92.\nEasements .............................................................................................................................. 45\n93.\nPositive and restrictive covenants ............................................................................................ 45\n94.\nProfits ...................................................................................................................................... 46\n95.\nRelease and extinguishment of easements, profits, positive or restrictive covenants ............... 47\n96.\nDischarge and modification of easements, profits, positive or restrictive covenants ................. 47\n\nArrangement of Sections\nRegistered Land Law\n\nPage 6\nRevised as at 28th day of February, 2018\nc\n\n97.\nNatural rights ........................................................................................................................... 48\n98.\nLicences .................................................................................................................................. 48\nDivision 5A - Dedication Of Land For Public Use\n48\n98A. Dedication of land for public use .............................................................................................. 48\n98B. Crown may dedicate land for road ........................................................................................... 49\n98C. Land vest in the Crown ............................................................................................................ 49\n98D. Discharge and modification of a dedication .............................................................................. 49\n98E. Meaning of public use .............................................................................................................. 49\nDivision 6 - Co-proprietorship and Partition\n49\n99.\nRegistration of more than one proprietor .................................................................................. 49\n100. Characteristics of joint proprietorship and severance thereof ................................................... 49\n101. Characteristics of proprietorship in common ............................................................................ 50\n102. Partition of land owned in common .......................................................................................... 50\n103. When Registrar may order sale ............................................................................................... 51\n104. Procedure where share is small ............................................................................................... 51\nPART VI - Instruments and Agents\n105. Form of instruments ................................................................................................................. 51\n106. Execution of instruments.......................................................................................................... 52\n107. Verification of execution ........................................................................................................... 52\n108. Stamps .................................................................................................................................... 53\n109. Disposal of instruments ........................................................................................................... 53\n110. Minors ..................................................................................................................................... 53\n111. Agents and persons under disability ........................................................................................ 54\n112. Gift to person under disability................................................................................................... 54\n113. Power of attorney .................................................................................................................... 54\n114. Effect of registered power of attorney ...................................................................................... 55\nPART VII - Transmissions And Trusts\n115. Transmission on death of joint proprietor ................................................................................. 56\n116. Transmission on death of sole proprietor or proprietor in common ........................................... 56\n117. Effect of transmission by death ................................................................................................ 56\n118. Transmission on bankruptcy .................................................................................................... 57\n119. Liquidation ............................................................................................................................... 57\n120. Transmission by compulsory acquisition or judgment of court .................................................. 57\n121. Trusts ...................................................................................................................................... 58\n122. Survivor of trustees .................................................................................................................. 58\n123. Application of Settled Land Law (1998 Revision) ..................................................................... 58\nPART VIII - Restraints on Disposition - Division 1-Inhibitions\n124. Power of court to inhibit registered dealings ............................................................................. 58\n125. Effect of inhibition .................................................................................................................... 59\n126. Cancellation of inhibition .......................................................................................................... 59\nDivision 2 - Cautions\n59\n127. Lodging of cautions.................................................................................................................. 59\n128. Notice and effect of caution ..................................................................................................... 60\n129. Withdrawal and removal of caution .......................................................................................... 60\n\nRegistered Land Law\nArrangement of Sections\n\nc\nRevised as at 28th day of February, 2018\nPage 7\n\n130. Second caution in respect of same matter ............................................................................... 60\n131. Wrongful cautions .................................................................................................................... 60\nDivision 3 - Restrictions\n61\n132. Restrictions .............................................................................................................................. 61\n133. Notice and effect of restriction .................................................................................................. 61\n134. Removal and variation of restrictions ....................................................................................... 61\nPART IX - Prescription\n135. Acquisition of title by possession ............................................................................................. 62\n136. Application to register title acquired by possession .................................................................. 62\n137. Procedure on application ......................................................................................................... 62\n138. Acquisition of easements and profits by prescription ................................................................ 62\nPART X - Rectification and Indemnity\n139. Rectification by Registrar ......................................................................................................... 63\n140. Rectification by court ............................................................................................................... 63\n141. Right of indemnity .................................................................................................................... 63\n142. Amount of indemnity ................................................................................................................ 64\n143. Procedure for claiming indemnity ............................................................................................. 64\n144. Recovery of indemnity ............................................................................................................. 64\n145. Errors in survey ....................................................................................................................... 65\nPART XI - Decisions of Registrar and Appeals\n146. Power of Registrar to state case .............................................................................................. 65\n147. Appeals ................................................................................................................................... 65\n148. Effect of appeal on disposition ................................................................................................. 66\n149. Appeal Rules ........................................................................................................................... 66\nPART XII - Application of Existing Laws\n150. Cesser of application of Registration (Land) Law (1996 Revision)............................................ 66\n151. Cesser of application of Public Recorder Law (2010 Revision) ................................................ 66\nPART XIII - Miscellaneous\n152. Addresses ............................................................................................................................... 66\n153. Service of notices .................................................................................................................... 66\n154. Prohibition on certain foreign bodies corporate holding land .................................................... 67\n155. Meaning of \u201copportunity of being heard\u201d................................................................................... 67\n156. Offences .................................................................................................................................. 68\n157. Fees ........................................................................................................................................ 68\n158. Recovery of fees and expenses ............................................................................................... 68\n159. Enforcement of Registrar\u2019s orders for payment ........................................................................ 69\n160. Jurisdiction of courts ................................................................................................................ 69\n161. Rules ....................................................................................................................................... 69\n162. Saving of rights ........................................................................................................................ 69\n163. Law to bind Crown and Government ........................................................................................ 69\n\nArrangement of Sections\nRegistered Land Law\n\nPage 8\nRevised as at 28th day of February, 2018\nc\n\n164. How matters not provided for in Law to be decided .................................................................. 69\n\nRegistered Land Law\nSection 1\n\nc\nRevised as at 28th day of February, 2018\nPage 9\n\nCAYMAN ISLANDS\n\nREGISTERED LAND LAW\n(2018 Revision)\n\nPART I - Introductory\n1.\nShort title\n1.\nThis Law may be cited as the Registered Land Law (2018 Revision).\n2.\nDefinitions\n2.\nIn this Law \u2014\n\u201capplication book\u201d means the application book kept under section 4 (d);\n\u201cbase parcel\u201d means the parcel in relation to which a volumetric plan has been\nregistered;\n\u201ccharge\u201d means an interest in land securing the payment of money or money\u2019s\nworth or the fulfilment of any condition, and includes a sub-charge and the\ninstrument creating a charge;\n\u201cchargee\u201d means the proprietor of a charge;\n\u201cchargor\u201d means the proprietor of charged land or of a charged lease or charge;\n\u201ccourt\u201d, save as is otherwise expressly provided, means the Grand Court;\n\u201cdealing\u201d includes disposition and transmission;\n\nSection 2\nRegistered Land Law\n\nPage 10\nRevised as at 28th day of February, 2018\nc\n\n\u201cdisposition\u201d means any act inter vivos by a proprietor whereby his rights in or\nover his land, lease or charge are affected, but does not include an agreement to\ntransfer, lease or charge;\n\u201ceasement\u201d means a right attached to a parcel of land which allows the\nproprietor of the parcel either to use the land of another in a particular manner\nor to restrict its use to a particular extent, but does not include a profit;\n\u201cto file\u201d means to place in relative parcel file;\n\u201cguardian\u201d means any person responsible for protecting the interests of any\nperson who is under a disability, whether by reason of age, unsoundness of mind\nor any other cause;\n\u201cinstrument\u201d includes any deed, judgment, decree, order or other document\nrequiring or capable of registration under this Law;\n\u201cinterest in land\u201d includes absolute ownership of land;\n\u201cland\u201d includes land covered with water, all things growing on land and\nbuildings and other things permanently affixed to land;\n\u201cLand Register\u201d means the Land Register compiled under Division 2 of Part II;\n\u201clease\u201d means the grant, with or without consideration, by the proprietor of land\nof the right to the exclusive possession of his land, and includes the right so\ngranted and the instrument granting it, and also includes a sublease but does not\ninclude an agreement for a lease;\n\u201clessee\u201d means the holder of a lease;\n\u201clessor\u201d means the proprietor of leased land;\n\u201clicence\u201d means a permission given by the proprietor of land or a lease which\nallows the licensee to do some act in relation to the land or the land comprised\nin the lease which would otherwise be a trespass, but does not include an\neasement or a profit;\n\u201cparcel\u201d means an area of land separately delineated on the Registry Map and\ngiven a number;\n\u201cperiodic tenancy\u201d means a tenancy from year to year, half year to half year,\nquarter to quarter, month to month, week to week or the like;\n\u201cpersonal representative\u201d means executor of the will or administrator of the\nestate;\n\u201cprofit\u201d means the right to go on the land of another and take a particular\nsubstance from that land, whether the soil or products of the soil;\n\u201cproprietor\u201d means the person registered under this Law as the owner of land\nor a lease or a charge;\n\u201cthe register\u201d means the leaf of the Land Register kept in respect of a parcel of\nland or of a registered lease;\n\nRegistered Land Law\nSection 3\n\nc\nRevised as at 28th day of February, 2018\nPage 11\n\n\u201cto register\u201d means to make an entry, note or record in the register under this\nLaw, and \u201cregistered\u201d, \u201cunregistered\u201d and \u201cregistration\u201d bear a\ncorresponding meaning;\n\u201cRegistrar\u201d means the Registrar of Lands appointed under section 5;\n\u201cregistration section\u201d means a registration section established under\nsection 14;\n\u201cregistry\u201d means the land registry established under section 4;\n\u201cRegistry Map\u201d means the map or series of maps referred to in section 14;\n\u201ctransfer\u201d means the passing of land, a lease or a charge by act of the parties\nand not by operation of law, and also the instrument by which such passing is\neffected, but does not include an agreement to transfer;\n\u201ctransmission\u201d means the passing of land, a lease or a charge from one person\nto another by operation of law on death or insolvency or otherwise howsoever,\nand includes the compulsory acquisition of land under any written law;\n\u201ctrustee\u201d includes personal representative; and\n\u201cvaluable consideration\u201d includes marriage, but does not include a nominal\nconsideration;\n\u201cvolumetric parcel\u201d means a parcel shown as such on a volumetric plan; and\n\u201cvolumetric plan\u201d means a plan that defines land using three-dimensionally\nlocated points to identify the position, shape and dimensions of each bounding\nsurface and may contain one or more volumetric parcels consisting of or\nincluding volumetric space.\n3.\nReconciliation with other laws\n3.\nExcept as otherwise provided in this Law, no other law and no practice or procedure\nrelating to land shall apply to land registered under this Law so far as it is inconsistent\nwith this Law:\nProvided that, except where a contrary intention appears, nothing in this Law shall be\nconstrued as permitting any dealing which is forbidden by express provisions of any\nother law or as overriding any other law requiring the consent or approval of any\nauthority to any dealing.\n\nSection 4\nRegistered Land Law\n\nPage 12\nRevised as at 28th day of February, 2018\nc\n\nPART II - Organisation and Administration\nDivision 1 - Land Registries and Officers\n4.\nThe land registry\n4.\nThere shall be established and maintained at Grand Cayman a land registry in which\nthere shall be kept \u2014\n(a)\na register, to be known as the Land Register, in accordance with Division 2\nof this Part;\n(b) a map to be known as the Registry Map, in accordance with Division 3 of\nthis Part;\n(c)\nparcel files containing the instruments which support subsisting entries in\nthe Land Register and any filed plans and documents;\n(d) a book, to be known as the application book, in which shall be kept a record\nof all applications numbered consecutively in the order in which they are\nmade at the registry;\n(e)\nan index, in alphabetical order, of the names of the proprietors of land,\nleases and charges showing the numbers of the parcels in which they are\ninterested; and\n(f)\na register and a file of powers of attorney.\n5.\nRegistrar\n5.\n(1) The Governor shall appoint a Registrar of Lands, who shall be responsible for\nadministering the land registry in accordance with this Law and as many\nAssistant Registrars of Lands as may from time to time appear desirable.\n(2) The Registrar, without divesting himself of any of his own powers or duties\nmay, in writing, authorise an Assistant Registrar to exercise and perform any of\nsuch powers and duties and may at any time, in writing, vary or revoke such\nauthorisation.\n6.\nGeneral powers of Registrar\n6.\nThe Registrar may exercise the following powers in addition to any other powers\nconferred on him by this Law, that is to say he may \u2014\n(a)\nrequire any person to produce any instrument, certificate or other\ndocument or plan relating to the land, lease or charge in question, and that\nperson shall produce the same;\n(b) summon any person to appear and give any information or explanation\nrespecting land, a lease or a charge or any instrument, certificate or other\ndocument or plan relating to the land, lease or charge in question, and such\nperson shall appear and give such information or explanation;\n\nRegistered Land Law\nSection 7\n\nc\nRevised as at 28th day of February, 2018\nPage 13\n\n(c)\nrefuse to proceed with any registration if any instrument certificate, or\nother document, plan, information or explanation required to be produced\nor given is withheld or any act required to be performed under this Law is\nnot performed;\n(d) administer oaths or take a declaration in lieu thereof, and may require that\nany proceedings, information or explanation shall be verified on oath or\nby statutory declaration; and\n(e)\norder that the costs, charges and expenses incurred by him or by any person\nin connection with any investigation or hearing held by him for the\npurposes of this Law shall be borne and paid by such person in such\nmanner and in such proportions as he may think fit, and the amount of such\ncosts, charges and expenses as shall have been incurred by the Registrar\nshall be deemed to be a fee to which sections 157 and 158 apply.\n7.\nIndemnity of officers\n7.\nThe Registrar shall not, nor shall any other officer of the registry, be liable to any\naction or proceeding for or in respect of any act or matter done or omitted to be done\nin good faith in the exercise or supposed exercise of the powers of this Law, or any\nregulations made hereunder.\n8.\nSeal of registry\n8.\nThe registry shall have a seal, and every instrument purporting to bear the imprint of\nsuch seal shall be received in evidence and, unless the contrary is shown, shall be\ndeemed without further proof to be issued by or under the direction of the Registrar.\nDivision 2 - The Land Register\n9.\nThe Land Register\n9.\n(1) The Land Register shall comprise a register in respect of every parcel which has\nbeen adjudicated in accordance with the Land Adjudication Law (1997\nRevision) and a register in respect of each lease required by this Law to be\nregistered.\n(2) Each register shall show whether the land is private land or Crown land and, in\nrespect of private land, whether the title is absolute or provisional, and shall be\ndivided into three sections as follows \u2014\n(a)\nthe property section, containing a brief description of the land or lease,\ntogether with particulars of its appurtenances and, where the title is\nprovisional, of the information recorded in the adjudication record under\nsection 16(1)(d) of the Land Adjudication Law (1997 Revision) and a\nreference to the Registry Map and filed plan, if any;\n\nSection 10\nRegistered Land Law\n\nPage 14\nRevised as at 28th day of February, 2018\nc\n\n(b) the proprietorship section, containing the name and, where possible,\naddress of the proprietor and a note of any inhibition, caution or restriction\naffecting his right of disposition; and\n(c)\nthe incumbrances section, containing a note of every incumbrance and\nevery right adversely affecting the land or lease.\n(3) No entry shall be required, in the proprietorship section, of land which is\ndescribed as Crown land.\n10.\nCompilation of the Land Register\n10. Whenever an adjudication record has become final under section 22 of the Land\nAdjudication Law (1997 Revision) and the Adjudicator has delivered the adjudication\nrecord to the Registrar, the Registrar shall prepare a register for each parcel shown in\nthe adjudication record and for any lease required to be registered, and shall register\ntherein any of the particulars on the adjudication record which requires registration.\n11.\nManner of registration\n11. (1) The first registration of any parcel shall be effected by the preparation of a\nregister in accordance with section 9 and the signing by the Registrar of the\nparticulars of the ownership and the particulars of incumbrances, if any,\nappearing thereon.\n(2) Every subsequent registration shall be effected by an entry in the register in such\nform as the Registrar may from time to time direct, and by the cancellation of\nthe entry, if any, which it replaces.\n12.\nCancellation of obsolete entries\n12. The Registrar may cancel any entry in the register which he is satisfied has ceased to\nhave any effect.\n13.\nNew editions of Register\n13. The Registrar may, at any time, open a new edition of a register showing only\nsubsisting entries and omitting therefrom all entries that have ceased to have any\neffect.\n\nRegistered Land Law\nSection 14\n\nc\nRevised as at 28th day of February, 2018\nPage 15\n\nDivision 3 - Map, Parcels and Boundaries\n14.\nRegistry Map\n14. (1) The Registry Map shall be compiled from the demarcation maps made under\nthe Land Adjudication Law (1997 Revision) and shall be divided into\nregistration sections which, so far as is possible, shall have the same boundaries\nand names as the adjudication sections; the registration sections, where the\nadjudication sections are so divided, shall be divided into blocks which shall be\ngiven the same letters or numbers or combinations of letters and numbers as are\ngiven on the demarcation maps.\n(2) The parcels in each registration section or block shall be numbered\nconsecutively following the numbering in the adjudication proceedings, and the\nname of the registration section and the number or letter of the block (if any)\nand the number of the parcel shall together be a sufficient reference to any\nparcel.\n(3) The Registrar may, at any time, cause registration sections or blocks to be\ncombined or divided, or cause their boundaries to be varied.\n(4) A plan may be filed in respect of a particular parcel to augment the information\navailable from the Registry Map, and the filing of the plan shall be noted in the\nregister.\n15.\nCorrection of the Registry Map and new editions\n15. (1) The Registrar may cause to be made a survey of any land for the purposes of\nthis Law and, after informing every person affected thereby, may cause the\nRegistry Map to be corrected as a result of such survey.\n(2) The Registrar may, at any time, direct the preparation of a new Registry Map or\nany part thereof, and there may be omitted therefrom any matter which the\nRegistrar considers obsolete.\n16.\nMutation\n16. (1) On the application of a proprietor of land, and subject to the agreement of all\npersons affected thereby, the Registrar may order the alteration of the Registry\nMap, but no such alteration shall be effected except on the instructions of the\nRegistrar in writing in the prescribed form, to be known as a mutation form, and\nthe mutation form shall be filed.\n(2) Whenever the boundary of a parcel is altered on the Registry Map, the parcel\nnumber shall be cancelled and the parcel shall be given a new number.\n\nSection 17\nRegistered Land Law\n\nPage 16\nRevised as at 28th day of February, 2018\nc\n\n17.\nGeneral boundaries\n17. (1) Except where, under section 18, it is noted in the register that the boundaries of\na parcel have been fixed, the Registry Map and any filed plan shall be deemed\nto indicate the approximate boundaries and the approximate situation only of\nthe parcel.\n(2) Where any uncertainty or dispute arises as to the position of any boundary, the\nRegistrar, on the application of any interested party, shall, on such evidence as\nthe Registrar considers relevant, determine and indicate the position of the\nuncertain or disputed boundary.\n(3) Where the Registrar exercises the power conferred by subsection (2), he shall\nmake a note to that effect on the Registry Map and in the register and shall file\nsuch plan or description as may be necessary to record his decision.\n(4) No court shall entertain any action or other proceedings relating to a dispute as\nto the boundaries of registered land unless the boundaries have been determined\nas provided in this section.\n(5) Except where, as aforesaid, it is noted in the register that the boundaries of a\nparcel have been fixed, the court or the Registrar may, in proceedings\nconcerning the parcel, receive such evidence as to its boundaries and situation\nas it or he thinks fit.\n18.\nFixed boundaries\n18. (1) If the Registrar, in his discretion, considers it desirable to indicate on a filed\nplan, or otherwise to define in the register, the precise position of the boundaries\nof a parcel or any parts thereof, or if any interested person makes application to\nthe Registrar, the Registrar shall give notice to the owners and occupiers of the\nland adjoining the boundaries in question of the intention to ascertain and fix\nthe boundaries.\n(2) The Registrar shall, after giving all persons appearing by the register to be\naffected an opportunity of being heard, cause to be defined by survey the precise\nposition of the boundaries in question, file a plan containing the necessary\nparticulars and make a note in the register that the boundaries have been fixed,\nand thereupon the plan shall be deemed to define accurately the boundaries of\nthe parcel.\n19.\nMaintenance of boundary features\n19. (1) Every proprietor of land shall maintain in good order any feature which\ndemarcate his boundaries, whether established pursuant to the requirements of\nany other law or pursuant to an order of the Registrar or of the proprietor\u2019s own\naccord.\n(2) The Registrar may, in writing, order the demarcation within a specified time of\nany boundary in such permanent manner as he may direct, and whoever, fails to\n\nRegistered Land Law\nSection 20\n\nc\nRevised as at 28th day of February, 2018\nPage 17\n\ncomply with such an order is guilty of an offence and liable on summary\nconviction to a fine of fifty dollars.\n(3) The Registrar may, in writing, order which of adjoining proprietors shall be\nresponsible for the care and maintenance of any feature demarcating a common\nboundary, and any proprietor so ordered to be responsible who allows the\nboundary feature or any part of it to fall into disrepair or to be destroyed or\nremoved is guilty of an offence and liable on summary conviction to a fine of\nfifty dollars.\n20.\nInterference with boundary features\n20. (1) Whoever wilfully defaces, removes, injures or otherwise impairs any boundary\nfeature or any part of it unless authorised to do so by the Registrar is guilty of\nan offence and liable on summary conviction to a fine of two hundred dollars or\nto imprisonment for six months.\n(2) Any person convicted of such an offence, whether or not any penalty therefor is\nimposed upon him is liable to pay the cost of restoring the boundary feature, and\nsuch cost shall be recoverable as a civil debt by any person responsible under\nsection 19 for the maintenance of the feature.\n21.\nCombinations and subdivisions\n21. (l)\nWhere contiguous parcels are owned by the same proprietor and are subject in\nall respects to the same rights and obligations, the Registrar, on application by\nthe proprietor, may combine those parcels by closing the registers relating to\nthem and opening a new register or registers in respect of the parcel or parcels\nresulting from the combination.\n(2) Upon the application of the proprietor of a parcel for the division of his parcel\ninto two or more parcels, the Registrar shall effect the division by closing the\nregister relating to the parcel and opening new registers in respect of the new\nparcels resulting from the divisions, and recording in the new registers all\nsubsisting entries appearing in the closed register:\nProvided that \u2014\n(i)\nnothing shall be done under this section which would be inconsistent\nwith this or any other law;\n(ii) subject to the consent of the lessee, no parcel which is subject to a\nlease shall be subdivided so as to subdivide the land comprised in\nsuch a lease; and\n(iii) where a proprietor is subdividing his parcel for the purpose of\nbuilding development, the Registrar may require him to submit a plan\nof the proposed subdivisions prepared by a surveyor authorised under\nthe Land Surveyors Law (Revised) and certified by the appropriate\n\nSection 21A\nRegistered Land Law\n\nPage 18\nRevised as at 28th day of February, 2018\nc\n\nauthority as conforming with the requirements of any planning law\nfor the time being in force.\n(3) Upon the application by a proprietor of a parcel for the division of his parcel\ninto a base parcel and one or more volumetric parcels, in accordance with a\nvolumetric plan, the Registrar shall \u2014\n(a)\nfile the volumetric plan and assign it a volumetric plan number;\n(b) open a new register in respect of each volumetric parcel shown on the\nvolumetric plan; and\n(c)\nin respect of the register relating to the base parcel, note in the\nencumbrances section, the easements in favour of the volumetric parcels\nthat have been opened:\nProvided that \u2014\n(i)\nnothing shall be done under this section which would be inconsistent\nwith this or any other law;\n(ii) subject to the consent of the lessee, no parcel which is subject to a\nlease shall be subdivided so as to subdivide the land comprised in\nsuch a lease; and\n(iii) where a proprietor is subdividing his parcel for the purpose of a\nbuilding development, the Registrar may require him to submit an\nauthenticated survey plan of the proposed subdivisions prepared by\na surveyor authorised under the Land Surveyors Law (1996 Revision)\nand certified by the appropriate authority as conforming with the\nrequirements of any planning law for the time being in force.\n21A. Division of land for estate purposes\n21A. (1) Upon an application by the \u2014\n(a)\npersonal representative of an estate;\n(b) beneficiary of an estate; or\n(c)\nproprietors (where the parcel was previously transferred by a personal\nrepresentative to persons entitled under a will or on intestacy),\nfor the division of a parcel into two or more parcels, the Registrar shall effect\nthe division by closing the register relating to the parcel and opening new\nregisters in respect of the new parcels resulting from the divisions and recording\nin the new registers all subsisting entries appearing in the closed register.\n(2) An application under subsection (1) shall be accompanied by a plan prepared by\na surveyor authorised under the Land Surveyors Law (1996 Revision).\n(3) For the avoidance of doubt, where a division of a parcel has been effected under\nthis section, any application for development purposes in relation to any of the\n\nRegistered Land Law\nSection 22\n\nc\nRevised as at 28th day of February, 2018\nPage 19\n\nnew parcels shall be subject to the requirements of any planning law for the time\nbeing in force.\n(4) Cabinet may make regulations prescribing anything necessary or convenient for\ngiving effect to the purposes of this section.\n22.\nReparcellation\n22. (1) The Registrar may, on the application of the proprietors of contiguous parcels\nwho are desirous of changing the layout of their parcels, and with the consent in\nwriting of all other persons in whose names any right or interest in such parcels\nis registered, and of any cautioner, cancel the registers relating to such parcels\nand prepare new registers in accordance with the revised layout:\nProvided that, where in the opinion of the Registrar a proposed reparcellation\ninvolves substantial changes of ownership which should be effected by transfers\nwithout invoking this section, he may in his discretion refuse to effect such\nreparcellation.\n(2) Upon any such reparcellation, the new parcels shall, notwithstanding section 37,\nvest in the persons in whose names they are registered.\nDivision 3A - Volumetric Plans and Volumetric Parcels\n22A. A volumetric parcel is land\n22A. (1) A volumetric parcel shall be deemed for the purposes of sections 23 and 24 of\nthis Law to be a parcel and for all purposes to be land and any volumetric parcel\ncreated may devolve or be dealt with in the same manner and form as any other\nland, the title of which is registered under this Law.\n(2) The right to structural support and access shall be implied, subject to any express\nprovision in a covenant registered against the title, in favour of every volumetric\nparcel.\n22B. Volumetric plan can only be registered to one parcel\n22B. One or more volumetric plans may be filed in relation to a parcel but a volumetric\nplan shall not be filed in relation to more than one parcel.\n22C. Title to remain in proprietor of base parcel\n22C. The title to the land, other than the land contained in the volumetric parcel, shall\nremain in the proprietor of the base parcel.\n\nSection 22D\nRegistered Land Law\n\nPage 20\nRevised as at 28th day of February, 2018\nc\n\n22D. Cancellation of a volumetric plan\n22D. (1) Where the base parcel and all the volumetric parcels of a volumetric plan are in\ncommon ownership, the proprietor of the base parcel and volumetric parcels\nmay apply in the prescribed form to the Registrar for that volumetric plan to be\ncancelled.\n(2) If the Registrar is satisfied that an application is in order, the Registrar shall \u2014\n(a)\nnote in the Registers in respect of the volumetric parcels, that the\nvolumetric parcels are closed;\n(b) note in the Register in respect of the base parcel \u2014\n(i)\nthat title to the land comprised in the closed volumetric parcels\nreverts to the base parcel;\n(ii) in the encumbrances section, the cancellation of any easements in\nfavour of the volumetric parcels; and\n(iii) that the Register for the base parcel is closed; and\n(c)\nopen a new Register in respect of the combined volumetric parcels and\nbase parcel.\nPART III - Effect Of Registration\n23.\nEffect of registration with absolute title\n23. Subject to section 27, the registration of any person as the proprietor with absolute\ntitle of a parcel shall vest in that person the absolute ownership of that parcel together\nwith all rights and privileges belonging or appurtenant thereto, free from all other\ninterests and claims whatsoever but subject \u2014\n(a)\nto the leases, charges and other incumbrances and to the conditions and\nrestrictions, if any, shown in the register; and\n(b) unless the contrary is expressed in the register, to such liabilities, rights\nand interests as affect the same and are declared by section 28 not to\nrequire noting on the register:\nProvided that \u2014\n(i)\nnothing in this section shall be taken to relieve a proprietor from any\nduty or obligation to which he is subject as a trustee; and\n(ii) the registration of any person under this Law shall not confer on him\nany right to any mineral oils unless the same are expressly referred\nto in the register.\n\nRegistered Land Law\nSection 24\n\nc\nRevised as at 28th day of February, 2018\nPage 21\n\n24.\nEffect of registration with provisional title\n24. Subject to section 27, the registration of any person as the proprietor with a\nprovisional title of a parcel shall not affect or prejudice the enforcement of any estate,\nright or interest adverse to or in derogation of the title of that proprietor arising before\nsuch date or under such instrument or in such other manner as is specified in the\nregister of that parcel; but save as aforesaid, such registration shall have the same\neffect as the registration of a person with absolute title.\n25.\nEffect of registration of a lease\n25. Subject to section 27, the registration of a person as the proprietor of a lease shall vest\nin that person the leasehold interest described in the lease, together with all implied\nand expressed rights and privileges belonging or appurtenant thereto and subject to\nall implied and expressed agreements, liabilities and incidents of the lease:\nProvided that if the title of the lessor is a provisional title the enforcement of any\nestate, right or interest affecting or in derogation of the right of the lessor to grant the\nlease shall not be prejudiced.\n26.\nEffect of registration as Crown land\n26. The registration of land as Crown land shall, subject to any registered Crown land\nincumbrances, enable the Governor by a disposition registered under this Law, to\ndispose of such land in accordance with section 9 of the Governor (Vesting of Lands)\nLaw (2005 Revision).\n27.\nVoluntary transfer\n27. Every proprietor who has acquired land, a lease or a charge by transfer without\nvaluable consideration shall hold it subject to any unregistered rights or interests\nsubject to which the transferor held it and subject also to the Bankruptcy Law (1997\nRevision) and to the winding-up provisions of the Companies Law (2018 Revision),\nbut save as aforesaid such transfer when registered shall in all respects have the same\neffect as a transfer for valuable consideration.\n28.\nOverriding interests\n28. Unless the contrary is expressed in the register, all registered land shall be subject to\nsuch of the following overriding interests as may for the time being subsist and affect\nthe same, without their being noted on the register \u2014\n(a)\nrights of way, rights of water and any easement or profit subsisting at the\ntime of first registration under this Law;\n(b) natural rights of light, air, water and support;\n(c)\nrights of compulsory acquisition, resumption, entry, search, user or\nlimitation of user conferred by any other law;\n\nSection 29\nRegistered Land Law\n\nPage 22\nRevised as at 28th day of February, 2018\nc\n\n(d) leases or agreements for leases for a term not exceeding two years, and\nperiodic tenancies within the meaning of section 2;\n(e)\nany unpaid moneys which, without reference to registration under this\nLaw, are expressly declared by any law to be a charge upon land;\n(f)\nrights acquired or in process of being acquired by virtue of any law relating\nto the limitation of actions or by prescription;\n(g) the rights of a person in actual occupation of land or in receipt of the rents\nand profits thereof save where inquiry is made of such person and the\nrights are not disclosed; and\n(h) electric supply lines, telephone and telegraph lines or poles, pipelines,\naqueducts, canals, weirs and dams erected, constructed or laid in pursuance\nor by virtue of any power conferred by any law:\nProvided that the Registrar may direct registration of any of the liabilities, rights\nand interests hereinbefore defined in such manner as he thinks fit.\n29.\nConversion of provisional into absolute title\n29. (1) Any proprietor registered with a provisional title or any interested person may,\nat any time, apply to the Registrar to be registered or to have the proprietor\nregistered, as the case may be, with an absolute title.\n(2) If the applicant satisfies the Registrar that \u2014\n(a)\nthe qualification to which the provisional title is subject has ceased to be\nof effect; or\n(b) a period of time has elapsed since the date of first registration with a\nprovisional title, which when added to the period from which the\npossession of the proprietor shall be considered to have begun exceeds\ntwelve years and there is no effective qualification to which the provisional\ntitle is subject,\nthe Registrar shall make an order for the registration of the proprietor with\nabsolute title after such advertisement as the Registrar may think fit.\n(3) On the making of any such order the Registrar shall substitute in the register the\nwords \u201cabsolute title\u201d for the words \u201cprovisional title\u201d and the title of the\nproprietor shall thereupon become absolute.\n30.\nEntries to constitute actual notice\n30. Every proprietor acquiring any land, lease or charge shall be deemed to have had\nnotice of every entry in the register relating to the land, lease or charge.\n\nRegistered Land Law\nSection 31\n\nc\nRevised as at 28th day of February, 2018\nPage 23\n\nPART IV - Certificates and searches\n31.\nLand certificates and certificates of lease\n31. (1) The Registrar shall, if requested by any proprietor of land or a lease where no\nland certificate or certificate of lease has been issued, issue to him a land\ncertificate or a certificate of lease, as the case may be, in the prescribed form\nshowing all subsisting entries in the Register affecting that land or lease:\nProvided that \u2014\n(i)\nonly one such certificate shall be issued in respect of each parcel of\nland or lease; and\n(ii) no certificate of lease shall be issued unless the lease is for a certain\nperiod exceeding twenty five years.\n(2) A land certificate or certificate of lease shall be only prima facie evidence of the\nmatters shown therein, and the land or lease shall be subject to all entries in the\nregister whether they are shown on the certificate or not.\n(3) When there is more than one proprietor, the proprietors shall agree among\nthemselves as to who shall receive the certificate, and failing agreement the\ncertificate shall be filed in the registry.\n(4) The date of issue of a land certificate or certificate of lease shall be noted in the\nregister.\n32.\nProduction of certificates\n32. (1) If a land certificate or a certificate of lease has been issued, then, unless it is\nfiled in the registry, or the Registrar dispenses with its production, it shall be\nproduced on the registration of any dealing with the land or lease to which it\nrelates, and a note of such registration shall be made on the certificate.\n(2) If the disposition is a transfer, the certificate, if produced, shall be destroyed,\nand a new certificate issued to the new proprietor.\n(3) If the disposition is a charge, the certificate, if any, shall be filed in the registry.\n33.\nDispositions of leases and charges\n33. On the registration of any disposition of a lease or charge, the duplicate and triplicate\nof the lease or charge shall be produced to the Registrar, who shall note particulars of\nthe disposition on the filed lease or charge and on the duplicate and triplicate thereof\nunless the Registrar is satisfied that they cannot be produced.\n\nSection 34\nRegistered Land Law\n\nPage 24\nRevised as at 28th day of February, 2018\nc\n\n34.\nLost or destroyed certificates\n34. (1) If a land certificate or certificate of lease is lost or destroyed, the proprietor may\napply to the Registrar for the issue of a new certificate, and shall produce\nevidence to satisfy the Registrar of the loss or destruction of the previous\ncertificate.\n(2) The Registrar may require a statutory declaration that the certificate has been\nlost or destroyed.\n(3) If satisfied with the evidence as to the loss or destruction of the certificate the\nRegistrar may, after the publication of such notice as he may think fit, cancel\nthe previous certificate and issue a new certificate in the name of the proprietor.\n(4) If after the issue of a new certificate the previous certificate is found, it shall be\ndelivered to the Registrar for destruction.\n35.\nSearches and copies\n35. (1) Any person, on application in the prescribed form and on payment of the\nprescribed fee, may inspect during official hours of business any register and\nany sheet of the Registry Map or any filed instrument or plan.\n(2) Any person, on application in the prescribed form and on payment of the\nprescribed fee, shall be entitled to a certified copy of any register or part of the\nRegistry Map or any instrument or plan filed in the registry.\n(3) Any person on application in the prescribed form and on payment of the\nprescribed fee, may require an official search in respect of any parcel, and the\nRegistrar shall issue a certificate of official search setting forth particulars of the\nsubsisting entries in the register of that parcel.\n36.\nEvidence\n36. (1) A certified copy of the register or part of the Registry Map or any instrument or\nplan filed in the registry shall be admissible in evidence in all actions and matters\nand between all persons or parties, to the same extent as the original, and a\nsignature on any such certified copy purporting to be the signature of the\nRegistrar shall be presumed to be the signature of the Registrar until the contrary\nis proved.\n(2) No legal practitioner, trustee, personal representative or other person in a\nfiduciary position shall be answerable in respect of any loss occasioned by the\ninaccuracy of any such certified copy as is referred to in subsection (1).\n(3) No process for compelling the production of the register, or of the Registry Map,\nor of any filed instrument or plan, shall issue from any court except with the\nleave of that court, which leave shall not be granted if a certified copy will\nsuffice, and any such process, if issued, shall bear thereon a statement that it is\nissued with the leave of the court.\n\nRegistered Land Law\nSection 37\n\nc\nRevised as at 28th day of February, 2018\nPage 25\n\nPART V \u2013 Dispositions\nDivision 1 - General\n37.\nSubsequent dealings\n37. (1) No land, lease or charge registered under this Law shall be capable of being\ndisposed of except in accordance with this Law, and every attempt to dispose of\nsuch land, lease or charge otherwise than in accordance with this Law shall be\nineffectual to create, extinguish, transfer, vary or affect any estate, right or\ninterest in the land, lease or charge.\n(2) Nothing in this section shall be construed as preventing any unregistered\ninstrument from operating as a contract, but no action may be brought upon any\ncontract for the disposition of any interest in land unless the agreement upon\nwhich such action is brought, or some memorandum or note thereof, is in\nwriting, and is signed by the party to be charged or by some other person\nthereunto by him lawfully authorised:\nProvided that such an action shall not be prevented by reason only of the absence\nof writing, where an intending purchaser or lessee who has performed or is\nwilling to perform his part of a contract \u2014\n(a)\nhas in part performance of the contract, taken possession of the property\nor any part thereof; or\n(b) being already in possession, continues in possession in part performance\nof the contract and has done some other act in furtherance of the contract.\n38.\nProtection of persons dealing in registered land\n38. (1) No person dealing or proposing to deal for valuable consideration with a\nproprietor shall be required or in any way concerned \u2014\n(a)\nto inquire or ascertain the circumstances in or the consideration for which\nsuch proprietor or any previous proprietor was registered;\n(b) to see to the application of any consideration or any part thereof; or\n(c)\nto search any register kept under the Public Recorder Law (2010 Revision)\nor the Registration (Land) Law (1996 Revision).\n(2) Where the proprietor of land, a lease or a charge is a trustee he shall, in dealing\ntherewith, be deemed to be absolute proprietor thereof, and no disposition by\nsuch trustee to a bona fide purchaser for valuable consideration shall be\ndefeasible by reason of the fact that such disposition amounted to a breach of\ntrust.\n\nSection 39\nRegistered Land Law\n\nPage 26\nRevised as at 28th day of February, 2018\nc\n\n39.\nTime for registration\n39. (1) All instruments shall be presented for registration within forty-five days of the\nsignature of the first, or the only, named party therein.\n(2) Where an instrument is presented for registration after the period specified in\nsubsection (1), there shall be payable, in addition to the registration fee, the late\nregistration fee.\n(3) The late registration fee referred to in subsection (2) shall be \u2014\n(a)\nan amount equal to the registration fee; and\n(b) payable in respect of each period of forty-five days following the end of\nthe period referred to in subsection (1).\n40.\nPower to compel registration\n40. (1) If he is satisfied that any person, through his wilful default, has failed to register\nany instrument which is registerable under this Law, the Registrar may, by\nnotice in writing, order such person to present such instrument for registration,\nand thereupon the registration fee and any additional fee payable under\nsection 39 shall become due and payable whether the instrument is presented\nfor registration or not.\n(2) Whoever fails to comply with an order of the Registrar under subsection (1)\nwithin one month of the service of the notice is guilty of an offence and liable\non summary conviction to a fine of fifty dollars.\n41.\nPriority of registered interests\n41. (1) Interests appearing in the register shall have priority according to the order in\nwhich the instruments which led to their registration were presented to the\nregistry, irrespective of the dates of the instruments and notwithstanding that the\nactual entry in the register may be delayed:\nProvided that where an instrument is prepared in the registry it shall be deemed\nto have been presented on the date on which application for its preparation was\nmade to the Registrar.\n(2) Instruments sent by post or under cover and received during the hours of\nbusiness shall be deemed to be presented simultaneously immediately before\nthe closing of the office on that day, and instruments so sent out received\nbetween the time of closing and the next opening of the office for business shall\nbe deemed to be presented simultaneously immediately after such opening.\n(3) Where more than one instrument or application are presented on the same day,\nor on different days but at so short an interval from each other that in the opinion\nof the Registrar there is doubt as to their order of priority, the Registrar may\nrefuse registration until he has heard and determined the rights of the parties\ninterested thereunder.\n\nRegistered Land Law\nSection 42\n\nc\nRevised as at 28th day of February, 2018\nPage 27\n\n42.\nStay of registration\n42. (1) Where any person proposing to deal with registered land has, with the consent\nin writing of the proprietor, applied for an official search and has stated in his\napplication the particulars of the proposed dealing, the registration of any\ninstrument affecting the land to be comprised in or affected by the proposed\ndealing shall be stayed for a period (hereinafter referred to as the suspension\nperiod) of fourteen days from the time at which application for the search was\nmade, and a note shall be made in the register accordingly.\n(2) If, within the suspension period, a properly executed instrument affecting the\nproposed dealing is presented for registration, such instrument shall have\npriority over any other instrument which may be presented for registration\nduring the suspension period, and shall be registered notwithstanding any\ncaution or other entry for which application for registration may have been made\nduring the suspension period.\n(3) Subject to subsection (2), any instrument or document for which application for\nregistration is made during the suspension period other than that affecting the\nproposed dealing shall be dealt with in the same manner, have the same priority\nand be as effectual as if no stay of registration had been obtained.\n43.\nMerger of registered interests\n43. Where, upon the registration of a dealing, the interest of \u2014\n(a)\nlessor and lessee;\n(b) chargor and chargee; or\n(c)\nthe proprietor of a parcel which is burdened with an easement, profit or\nrestrictive agreement and the proprietor of a parcel which benefits\ntherefrom,\nvest in the same proprietor, such interests shall not merge unless a surrender or\ndischarge is registered or the parcels are combined or there is a declaration of\nmerger, which may be contained in the instrument evidencing the dealing.\nDivision 2 - Leases\n44.\nLeases\n44. Subject to this and any other law, the proprietor of land may lease the land or part of\nit to any person for a definite period or for the life of the lessor or of the lessee or for\na period which though indefinite may be terminated by the lessor or the lessee, and\nsubject to such conditions as he may think fit:\nProvided that, if only part is leased, the lease shall be accompanied by a plan or\nother description which the Registrar, in his absolute discretion, deems adequate\nto identify the part leased.\n\nSection 45\nRegistered Land Law\n\nPage 28\nRevised as at 28th day of February, 2018\nc\n\n45.\nPeriodic tenancies\n45. (1) Where in any lease the term is not specified and no provision is made for the\ngiving of notice to terminate the tenancy, the lease shall be deemed to have\ncreated a periodic tenancy.\n(2) Where the proprietor of land permits the exclusive occupation of the land or any\npart thereof by any other person at a rent but without any agreement in writing,\nthat occupation shall be deemed to constitute a periodic tenancy.\n(3) The period of a periodic tenancy created by subsection (2) shall be the period\nby reference to which the rent is payable, and the tenancy may be determined\nby either party giving to the other notice, the length of which shall subject to\nany other law, be not less than the period of the tenancy and shall expire on one\nof the days on which rent is payable.\n46.\nRegistration of leases\n46. A lease for a specified period exceeding two years, or for the life of the lessor or of\nthe lessee, or a lease which contains an option whereby the lessee may require the\nlessor to grant him a further term or terms which, together with the original term,\nexceed two years, shall be in the prescribed form, and shall be completed by \u2014\n(a)\nopening a register in respect of the lease in the name of the lessee;\n(b) filing the lease; and\n(c)\nnoting the lease in the incumbrances section of the register of the lessor\u2019s\nland or lease.\n47.\nLessor\u2019s consent to dealing with lease\n47. Upon the registration of a lease containing an agreement, express or implied, by the\nlessee that he will not transfer, sub-let, charge or part with possession of the land\nleased or any part thereof without the written consent of the lessor, the agreement\nshall be noted in the register of the lease and no dealing with the lease shall be\nregistered until the consent of the lessor, verified in accordance with section 107, has\nbeen produced to the Registrar.\n48.\nLease of charged land\n48. Where any land is subject to a charge, no lease of such land shall be registered without\nthe previous consent in writing of the proprietor of the charge, verified in accordance\nwith section 107, unless the charge expressly dispenses with the necessity for such\nconsent.\n49.\nDuration of leases\n49. (1) Where the period of a lease is expressed as commencing on a particular day, that\nday is excluded in computing that period.\n\nRegistered Land Law\nSection 50\n\nc\nRevised as at 28th day of February, 2018\nPage 29\n\n(2) Where no day of commencement is named, the period commences on the date\nof execution of the lease, and that day is excluded in computing that period.\n(3) Where the period is a year or a number of years, in the absence of an express\nagreement to the contrary, the lease shall last during the whole anniversary of\nthe day on which such period commences.\n50.\nFuture leases\n50. (1) A lease may be made for a period to commence on a future date, not being later\nthan twenty-one years from the date on which the lease is executed but shall be\nof no effect unless it is registered.\n(2) Any instrument purporting to create a lease to commence on a date more than\ntwenty-one years after the date of the instrument, or to take effect on the\nfulfilment of any condition, is void.\n51.\nHolding over\n51. (1) Where a person, having lawfully entered into occupation of any land as lessee,\ncontinues to occupy that land with the consent of the lessor after the termination\nof the lease he shall, in the absence of any evidence to the contrary, be deemed\nto be a tenant holding the land on a periodic tenancy on the same conditions as\nthose of the lease so far as those conditions are appropriate to a periodic tenancy.\n(2) For the purposes of this section, the acceptance of rent in respect of any period\nafter the termination of the lease shall, if the former tenant is still in occupation\nand subject to any agreement to the contrary, be taken as evidence of consent to\nthe continued occupation of the land.\n52.\nAgreements implied in leases on part of lessor\n52. Save as otherwise expressly provided in the lease, there shall be implied, in every\nlease, agreements by the lessor with the lessee binding the lessor \u2014\n(a)\nthat, so long as the lessee pays the rent and observes and performs the\nagreements and conditions contained or implied in the lease and on his part\nto be observed and performed, the lessee shall and may peaceably and\nquietly possess and enjoy the leased premises during the period of the lease\nwithout any lawful interruption from or by the lessor or any person\nrightfully claiming through him;\n(b) not to use or permit to be used any adjoining or neighbouring land of which\nhe is the proprietor or lessee in any way which would render the leased\npremises unfit or materially less fit for the purpose for which they were\nleased;\n(c)\nwhere part only of a building is leased, to keep the roof, main walls and\nmain drains, and the common passages and common installations, in\nrepair;\n\nSection 53\nRegistered Land Law\n\nPage 30\nRevised as at 28th day of February, 2018\nc\n\n(d) where any dwelling house, flat or room is leased furnished, that such\nhouse, flat or room is fit for habitation at the commencement of the\ntenancy; and\n(e)\nthat if, at any time, the leased premises or any part thereof are destroyed\nor damaged by fire, earthquake, hurricane, flood, civil commotion or\naccident not attributable to the negligence of the lessee, his servants or his\nlicensees, so as to render the leased premises or any part thereof wholly or\npartially unfit for occupation or use, the rent or a just proportion thereof\naccording to the nature and extent of the damage sustained shall be\nsuspended and cease to be payable until the leased premises have again\nbeen rendered fit for occupation and use; but that if the leased premises\nhave not been so rendered for occupation and use within six months of\ntheir destruction or damage as aforesaid, the lessee may at his option, and\non giving one month\u2019s written notice of his intention so to do, terminate\nthe lease.\n53.\nAgreements implied in leases on part of lessee\n53. Save as otherwise expressly provided in the lease, there shall be implied, in every\nlease, agreements by the lessee with the lessor binding the lessee \u2014\n(a)\nto pay the rent reserved by the lease at the times and in the manner therein\nspecified;\n(b) to pay all rates, taxes and other outgoings which are at any time payable in\nrespect of the leased premises during the continuance of the lease unless\nthe same are payable exclusively by the lessor by virtue of any written law;\n(c)\nin the case of agricultural land, to farm the same in accordance with the\nrules of good husbandry and to yield up the land at the end of the term in\ngood heart;\n(d) except where part only of a building is leased, or where a dwelling house\nis leased furnished, to keep all buildings comprised in the lease and all\nboundary marks in repair;\n(e)\nwhere part only of a building is leased, or where a dwelling house is leased\nfurnished, to keep the leased premises, except the roof, main walls and\nmain drains, and the common passages and common installations in repair;\n(f)\nwhere the lease is of furnished premises, to keep the furniture in as good\ncondition as it was at the commencement of the period, fair wear and tear\nonly excepted, and to replace such articles as are lost, destroyed or so\ndamaged as to be beyond repair with articles of equal value to those so\nlost, destroyed or damaged;\n(g) to permit the lessor or his agent, with or without workmen or others, at all\nconvenient times and after reasonable notice, to enter on the leased\npremises and examine their condition;\n\nRegistered Land Law\nSection 54\n\nc\nRevised as at 28th day of February, 2018\nPage 31\n\n(h) to repair or otherwise make good any defect or breach of agreement for\nwhich the lessee is responsible and of which notice has been given by the\nlessor to the lessee, within such reasonable period as may be specified in\nthe notice; and\n(i)\nnot to transfer, charge, sublease or otherwise part with the possession of\nthe leased premises or any part thereof without the previous written\nconsent of the lessor, but such consent shall not be unreasonably withheld.\n54.\nMeaning of \u201cin repair\u201d\n54. Where an agreement is contained or implied in any lease to keep a building or a\nparticular part of a building in repair, it shall, in the absence of an express provision\nto the contrary mean in such state of repair as that in which a prudent owner might\nreasonably be expected to keep his property, due allowance being made for the age,\ncharacter and locality of the building at the commencement of the lease:\nProvided that there shall not be read into such an agreement an undertaking to put any\nbuilding into a better state of repair than that in which it was at the commencement\nof the lease.\n55.\nLessor\u2019s right of forfeiture and effect of forfeiture of subleases\n55. (1) Subject to section 57 and to any provision to the contrary in the lease, the lessor\nshall have the right to forfeit the lease if the lessee \u2014\n(a)\ncommits any breach of, or omits to perform any agreement or condition on\nhis part expressed or implied in the lease;\n(b) is adjudicated bankrupt; or\n(c)\nbeing a company, goes into liquidation.\n(2) The right of forfeiture may be \u2014\n(a)\nexercised, where neither the lessee or any person claiming through or\nunder him is in occupation of the land, by entering upon and remaining in\npossession of the land; or\n(b) enforced by action in the court.\n(3) The right of forfeiture shall be taken to have been waived if \u2014\n(a)\nthe lessor accepts rent which has become due since the breach of\nagreement or condition which entitled the lessor to forfeit the lease or has\nby any other positive act shown an intention to treat the lease as subsisting;\nand\n(b) the lessor is or should by reasonable diligence have become aware of the\ncommission of the breach:\nProvided that the acceptance of rent after the lessor has commenced an action\nin the court under subsection (2) shall not operate as a waiver.\n\nSection 56\nRegistered Land Law\n\nPage 32\nRevised as at 28th day of February, 2018\nc\n\n(4) The forfeiture of a lease shall terminate every sublease and every other interest\nappearing in the register relating to that lease, but \u2014\n(a)\nwhere the forfeiture is set aside by the court on the grounds that it was\nprocured by the lessor in fraud of the sublessee; or\n(b) where the court grants relief against the forfeiture under section 57, every\nsuch sublease and other interest shall be deemed not to have terminated.\n56.\nNotice before forfeiture\n56. Notwithstanding anything to the contrary contained in the lease, no lessor shall be\nentitled to exercise the right of forfeiture for the breach of any agreement or condition\nin the lease whether expressed or implied, until the lessor has served on the lessee a\nnotice \u2014\n(a)\nspecifying the particular breach complained of;\n(b) if the breach is capable of remedy, requiring the lessee to remedy the\nbreach within such reasonable period as is specified in the notice; and\n(c)\nin any case other than non-payment of rent, requiring the lessee to make\ncompensation in money for the breach,\nand the lessee has failed to remedy the breach within a reasonable time thereafter\nif it is capable of remedy, and to make reasonable compensation in money.\n57.\nRelief against forfeiture\n57. (1) A lessee upon whom a notice has been served under section 56, or against whom\nthe lessor is proceeding, by action or re-entry, to enforce his right of forfeiture,\nmay apply to the court for relief; and the court may grant or refuse relief, as the\ncourt, having regard to the proceedings and the conduct of the parties and the\ncircumstances of the case, thinks fit, and, if it grants relief, may grant it on such\nterms as it thinks fit.\n(2) The court on application by any person claiming as sublessee or chargee any\ninterest in the property or part of the property comprised in the lease forfeited\nor sought to be forfeited, may make an order vesting the property or such part\nin such sublessee or chargee for the whole period of the lease or any less period,\nupon such conditions as the court in the circumstances of the case thinks fit:\nProvided that nothing in this subsection shall apply in the case of a forfeiture\narising from a breach to which the sublessee is a party or from the breach of an\nexpress agreement or condition against subleasing, parting with the possession\nof or disposing of the property leased.\n(3) For the purpose of this section a lease limited to continue as long only as the\nlessee abstains from committing a breach of agreement or condition shall be and\ntake effect as a lease to continue for any longer term for which it could subsist,\nbut terminable by a provision for re-entry on such breach.\n\nRegistered Land Law\nSection 58\n\nc\nRevised as at 28th day of February, 2018\nPage 33\n\n(4) This section shall have effect notwithstanding any stipulation or agreement to\nthe contrary and whether the lease is registered or not.\n58.\nVariation and extension of leases\n58. Subject to section 56, the agreements and conditions contained or implied in any\nregistered lease may be varied, negatived or added to, and the period of any registered\nlease may from time to time be extended, by an instrument executed by the lessor and\nthe lessee for the time being and registered before the expiration of the then current\nterm of the lease.\n59.\nSubstitution of leases\n59. Where, upon presentation of a lease for registration, the Registrar is satisfied that the\nlessee is the person registered as the proprietor of a prior lease in respect of the same\nland, he shall cancel the registration of the prior lease and register the new lease\nsubject to the incumbrances registered against the prior lease.\n60.\nSubleases\n60. (1) Subject to any provision in his lease affecting his right to do so, the proprietor\nof a registered lease may, by a sublease in the prescribed form, sublease for any\nperiod which is less than the remainder of the period of his lease.\n(2) Save as otherwise expressly provided, the provisions of this Law affecting\nleases, lessors and lessees shall apply to subleases, sublessors and sublesses,\nwith such adaptations as are necessary.\n(3) If a lease is terminated by operation of law or under any law relating to\nbankruptcy or liquidation proceedings, such termination shall terminate the\nsublease.\n(4) In addition to the agreements specified by this Law to be implied in leases, there\nshall be implied in every sublease under this Law an agreement by the sublessor\nthat he will, during the continuance of the sublease, pay the rent reserved by the\nlease under which the sublessor holds, and observe and perform the agreements\nand conditions thereof.\n(5) Where a sublessee has paid to the sublessor\u2019s lessor the rent or any part of the\nrent payable by the sublessor under the lease under which the sublessor holds,\nthe sublessee shall be entitled to set off any sum so paid against the rent payable\nby him to the sublessor in respect of the sublease.\n61.\nSurrender of leases\n61. (1) Where the lessor and the lessee agree that the lease shall be surrendered, it shall\nbe surrendered in the following manner \u2014\n\nSection 62\nRegistered Land Law\n\nPage 34\nRevised as at 28th day of February, 2018\nc\n\n(a)\nan instrument shall be prepared in the prescribed form, or else the word\n\u201csurrendered\u201d shall be inscribed on the lease or on the duplicate or\ntriplicate thereof;\n(b) the instrument or inscription shall then be executed by the lessor and\nlessee;\n(c)\nthe Registrar shall then cancel the registration of the lease; and\n(d) the instrument or inscribed lease shall then be filed,\nand thereupon, or upon such earlier date as is expressed in the instrument or\ninscription, the interest of the lessee shall cease.\n(2) No lease which is subject to a charge or sublease shall be surrendered without\nthe consent in writing of the proprietor of the charge or sublease.\n62.\nDetermination of leases\n62. (1) Where \u2014\n(a)\nthe period of a lease has expired;\n(b) an event upon which a lease is expressed to terminate has happened;\n(c)\na lessor has lawfully re-entered; or\n(d) a notice duly given to terminate the lease has expired, and the lessor has\nrecovered possession of the land leased,\nthe lease and every other interest appearing on any register relating to the lease\nshall thereupon terminate, and the lessor may apply in writing to the Registrar\nto cancel the registration.\n(2) An application under this section shall be supported by such evidence of the\nmatters giving rise to the termination and the recovery of possession by the\nlessor as the Registrar may require and the Registrar on being satisfied on the\nmatters set forth in the application shall cancel the registration of the lease.\n63.\nVoluntary registration of leases\n63. Where application is made to the Registrar to register any lease which is not\ncompulsorily registrable under this Law but which is capable of registration, the\nRegistrar shall not register such lease unless \u2014\n(a)\nit is in the prescribed form, or in such form as the Registrar may\napprove; and\n(b) in the case of a sublease, every lease superior to that sublease complies\nwith paragraph (a) and is registered in priority to the sublease.\n\nRegistered Land Law\nSection 64\n\nc\nRevised as at 28th day of February, 2018\nPage 35\n\nDivision 3 - Charges\n64.\nForm and effect of charges\n64. (1) A proprietor may, by an instrument in the prescribed form, charge his land or\nlease or charge to secure the payment of an existing or a future or a contingent\ndebt or other money or money\u2019s worth or the fulfilment of a condition, and the\ninstrument shall, contain a special acknowledgement that the chargor\nunderstands the effect of section 72, and the acknowledgement shall be signed\nby the chargor or, where the chargor is a corporation, by one of the persons\nattesting the affixation of the common seal.\n(2) A date for the repayment of the money secured by a charge may be specified in\nthe charge instrument and, where no such date is specified or repayment is not\ndemanded by the chargee on the date specified, the money shall be deemed to\nbe repayable three months after the service of a demand in writing by the\nchargee.\n(3) The charge shall be completed by its registration as an incumbrance and\nregistration of the person in whose favour it is created as its proprietor and by\nfiling the instrument.\n(4) A charge shall not operate as a transfer but shall have effect as security only.\n(5) There shall be included, in an instrument of charge securing the fulfilment of a\ncondition or the payment of an annuity or other periodical payment not of the\nnature of interest on a capital sum, such provisions as the parties think fit for\ndisposing, subject to section 76, of the money which may arise on the exercise\nby the chargee of his power of sale, either by setting aside the proceeds of sale\nor part thereof and investing it to make future periodical payments, or by\npayment to the chargee of such proceeds or part thereof to the extent of the\nestimated capital value of the chargee\u2019s interest, or otherwise.\n65.\nSecond or subsequent charges\n65. A proprietor whose land, lease or charge is subject to a charge may create a second\nor subsequent charge in the same manner as the first charge and the same provisions\nshall apply thereto, but any sale under the power expressed or implied in any such\ncharge shall be expressed to be subject to all prior charges unless all those charges\nhave been discharged.\n66.\nPresumption that money paid is interest\n66. If any question arises whether any payment made by the chargor is in respect of\nprincipal or interest, such payment shall be presumed to be in respect of interest to\nthe extent of all interest which is due and payable at the date of payment.\n\nSection 67\nRegistered Land Law\n\nPage 36\nRevised as at 28th day of February, 2018\nc\n\n67.\nAgreements implied in charges\n67. There shall be implied in every charge, unless the contrary is expressed therein,\nagreements by the chargor with the chargee binding the charger \u2014\n(a)\nto pay the principal money on the day therein appointed and, so long as the\nprincipal money or any part thereof remains unpaid, to pay interest\nthereon, or on so much thereof as for the time being remains unpaid, at the\nrate and on the days and in manner therein specified;\n(b) to pay all rates, taxes and other outgoings which are at any time payable\non the charged property;\n(c)\nto repair and keep in repair all buildings and other improvements upon the\ncharged land or comprised in the charged lease and to permit the chargee\nor his agent, at all reasonable times and after reasonable notice to the\nchargor, to enter the land and examine the state and condition of such\nbuildings and improvements;\n(d) to insure and keep insured all buildings upon the charged land or\ncomprised in the charged lease against loss or damage by fire or hurricane\nin the joint names of the chargor and chargee with insurers approved by\nthe chargee to the full value thereof;\n(e)\nin the case of a charge of agricultural land, to farm the land in accordance\nwith the rules of good husbandry;\n(f)\nin the case of a charge of land or of a lease, not to lease the charged land\nor any part thereof, or sublease the whole or any part of the land comprised\nin the charged lease, for any period longer than one year without the\nprevious consent in writing of the chargee, but such consent shall not be\nunreasonably withheld;\n(g) not to transfer the land, lease or charge charged or any part thereof without\nthe previous written consent of the chargee but such consent shall not be\nunreasonably withheld;\n(h) in the case of a charge of a lease, during the continuance of the charge to\npay the rent reserved by the lease and observe and perform the agreements\nand conditions thereof, and to keep the chargee indemnified against all\nproceedings, expenses and claims on account of the non-payment of the\nsaid rent or any part thereof, or the breach or non-observance of the said\nagreements and conditions or any of them, and, if the lessee has an\nenforceable right to renew the lease, to renew it;\n(i)\nwhere the charge is a second or subsequent charge, that the chargor will\npay the interest from time to time accruing due on each prior charge when\nit becomes due, and will, at the proper time, repay the principal money due\non each prior charge; and\n\nRegistered Land Law\nSection 68\n\nc\nRevised as at 28th day of February, 2018\nPage 37\n\n(j)\nwhere the chargor fails to comply with any of the agreements implied by\nparagraphs (b), (c), (d), (e), (h) and (i) that the chargee may spend such\nmoney as is necessary to remedy the breach, and may add the amount so\nspent to the principal money, and that thereupon the amount shall be\ndeemed for all purposes to be part of the principal money secured by the\ncharge.\n68.\nChargee\u2019s consent to transfer\n68. Where a charge contains an agreement, express or implied, by the chargor with the\nchargee that he will not transfer the land, lease or charge charged or any part thereof\nwithout the written consent of the chargee, the agreement shall be noted in the register\nand no transfer by the chargor shall be registered until the written consent of the\nchargee, verified in accordance with section 107, has been produced to the Registrar.\n69.\nVariation of charges\n69. The amount secured, the method of repayment, the rate of interest or the term of the\ncharge may be varied by the registration of an instrument of variation executed by the\nparties of the charge, but no such variation shall affect the rights of the proprietor of\nany subsequent charge, unless he has consented to the variation in writing on the\ninstrument of variation.\n70.\nRight of redemption\n70. (1) Subject to this section, a chargor, on payment of all money due and owing under\nthe charge at the time of payment or on fulfilment of any condition secured\nthereby and on payment of any costs or expenses properly incurred by the\nchargee in exercising any power conferred on him by section 72, may redeem\nthe charged land, lease or charge at any time before it has been sold under\nsection 75, and any agreement or provision which purports to deprive the\nchargor of this right of redemption shall be void; and, for the purposes of this\nsubsection land, a lease or a charge shall be deemed to have been sold when a\nbid has been accepted at the auction sale.\n(2) If the chargor wishes to redeem the charged land, lease or charge before the date\nfor repayment specified in the charge, he shall be entitled to do so on payment\nto the chargee, in addition to any other money then due or owing under the\ncharge, of interest on the principal sum secured thereby for the unexpired\nportion of the term of the charge.\n(3) If the chargor seeks to redeem the charged land, lease or charge after the date\nspecified in the charge or where no such date is specified, he shall give the\nchargee three months notice of his intention to redeem the charge or shall pay\nhim three months\u2019 interest in lieu thereof.\n(4) If at any time the chargor is entitled and desires to repay the money secured by\nthe charge, and the chargee is absent or cannot be found, or the Registrar is\n\nSection 71\nRegistered Land Law\n\nPage 38\nRevised as at 28th day of February, 2018\nc\n\nsatisfied that the charge cannot be discharged otherwise, the chargor may\ndeposit the amount due with the Registrar in trust for the person entitled thereto,\nand thereupon the obligations of the chargor under the charge shall cease, and\nthe Registrar shall cancel the registration of the charge and shall pay the amount\ndeposited to the chargee if the chargee applies for it within six years of the date\nof deposit, and if the amount is not so paid it shall be paid into the Treasury and\nbe appropriated to the general revenue of the Islands.\n71.\nRight of third party to transfer of charge\n71. On his tendering to the chargee such sums as would have been payable to the chargee\nif the chargor had sought to redeem the charge under section 70 any of the following\npersons, that is to say \u2014\n(a)\nany person, other than the chargor, who has an interest in the land, lease\nor charge charged;\n(b) any surety for the payment of the amount secured by the charge; or\n(c)\nany creditor of the chargor who has obtained a decree for sale of the\ncharged land, lease or charge,\nmay require the chargee to transfer the charge to him.\n72.\nChargee\u2019s remedies\n72. (1) If default is made in payment of the principal sum or of any interest or any other\nperiodical payment or of any part thereof, or in the performance or observance\nof any agreement expressed or implied in any charge, and continues for one\nmonth, the chargee may serve on the chargor notice in writing to pay the money\nowing or to perform and observe the agreement as the case may be.\n(2) If the chargor does not comply within three months of the date of service, with\na notice served on him under subsection (1), the chargee may \u2014\n(a)\nappoint a receiver of the income of the charged property; or\n(b) sell the charged property:\nProvided that a chargee who has appointed a receiver may not exercise the\npower of sale unless the chargor fails to comply, within three months of the date\nof service, with a further notice served on him under subsection (1).\n(3) The chargee shall be entitled to sue for the money secured by the charge only \u2014\n(a)\nwhere the chargor is bound to repay the same;\n(b) where, by any cause other than the wrongful act of the chargor or chargee\nthe charged property is wholly or partially destroyed or the security is\nrendered insufficient and the chargee has given the chargor a reasonable\nopportunity of providing further security which will render the whole\nsecurity sufficient, and the chargor has failed to provide such security; or\n\nRegistered Land Law\nSection 73\n\nc\nRevised as at 28th day of February, 2018\nPage 39\n\n(c)\nwhere the chargee is deprived of the whole or part of his security by, or in\nconsequence of, the wrongful act or default of the chargor:\nProvided that \u2014\n(i)\nin the case specified in paragraph (a) \u2014\n(A) a transferee from the chargor shall not be liable to be sued for\nthe money unless he has agreed with the chargee to pay the\nsame; and\n(B) no action shall be commenced until a notice served in\naccordance with subsection (1) has expired;\nand\n(ii) the court may, at its discretion, stay a suit brought under\nparagraph (a) or (b), notwithstanding any agreement to the contrary,\nuntil the chargee has exhausted all his other remedies against the\ncharged property.\n73.\nAppointment, powers, remuneration and duties of receiver\n73. (1) The appointment of a receiver under the powers conferred by section 72 shall\nbe in writing signed by the chargee and a copy thereof filed with the Registrar.\n(2) A receiver may be removed at any time and a new receiver appointed in writing\nsigned by the chargee and a copy thereof filed with the registrar.\n(3) A receiver appointed under this section shall be deemed to be the agent of the\nchargor for the purposes for which he is appointed; and the chargor shall be\nsolely responsible for the receiver\u2019s acts and defaults unless the charge\notherwise provides.\n(4) The receiver shall have power to demand and recover all the income of which\nhe is appointed receiver, by action or otherwise, in the name of the chargor, and\nto give effectual receipts accordingly for the same.\n(5) A person paying money to the receiver shall not be concerned to inquire into the\nvalidity of the receiver\u2019s appointment.\n(6) Subject to subsection (8), the receiver shall be entitled to retain out of any\nmoney received by him all costs, charges and expenses incurred by him as\nreceiver, and, for his remuneration, a commission at such rate, not exceeding\nfive per cent of the gross amount of all moneys received, as is specified in his\nappointment, or if no rate is so specified at the rate of five percent of that gross\namount, or such other rate as the chargor and the chargee and other chargees, if\nany, agree or the court thinks fit to allow on application made by the receiver\nfor that purpose.\n(7) The receiver shall apply insurance money in making good the loss or damage in\nrespect of which the money is received.\n\nSection 74\nRegistered Land Law\n\nPage 40\nRevised as at 28th day of February, 2018\nc\n\n(8) Subject to subsection (7), the receiver shall apply all money received by him in\nthe following order of priority \u2014\n(a)\nin discharge of all rents, rates, taxes and outgoings whatever affecting the\ncharged property;\n(b) in keeping down all annual sums or other payments, and the interest on all\nprincipal sums, having priority to the charge in right whereof he is\nreceiver;\n(c)\nin payment of his commission, costs, charges and expenses and of the\npremiums on fire, life and other insurance, if any, properly payable under\nthe charge instrument or under this Law and the cost of executing\nnecessary or proper repairs directed in writing by the chargee;\n(d) in payment of the interest accruing due in respect of any principal money\ndue under the charge; and\n(e)\nin or towards the discharge of the money secured by the charge, if so\ndirected in writing by the chargee,\nand shall pay the residue, if any, of the money received by him to the person\nwho, but for the appointment of the receiver, would have been entitled to receive\nthe income of which he is appointed receiver, or who is otherwise entitled to the\ncharged property.\n74.\nChargee\u2019s powers of leasing\n74. (1) The proprietor of a charge on land or a lease who has appointed a receiver under\nthe powers conferred on him by section 72 shall, in the absence of any express\nprovision to the contrary contained in the charge, have power, subject to this\nand any other law \u2014\n(a)\nto grant leases in respect of the charged land or the land comprised in the\ncharged lease or any part or parts thereof; and\n(b) to accept a surrender of any lease so granted and of any lease created by\nthe chargor,\nand may, for such purposes, execute in the place of the chargor any instrument\nrequired to effect such lease or surrender.\n(2) Every lease granted by a chargee shall \u2014\n(a)\nbe made to take effect in possession not later than twelve months after\nits date;\n(b) reserve the best rent that can reasonably be obtained, regard being had to\nthe circumstances of the case but without a fine or premium being\nobtained;\n(c)\nbe for a term not exceeding twenty-one years; and\n\nRegistered Land Law\nSection 75\n\nc\nRevised as at 28th day of February, 2018\nPage 41\n\n(d) contain a declaration by the chargee that he has appointed a receiver with\nthe date of appointment.\n75.\nPower of sale\n75. (1) A chargee exercising his power of sale shall act in good faith and have regard\nto the interests of the chargor, and may sell or concur with any person in selling\nthe charged land, lease or charge, or any part thereof, together or in lots, by\npublic auction for a sum payable in one amount or by instalments, subject to\nsuch reserve price and conditions of sale as the chargee thinks fit, with power to\nbuy in at the auction and to resell by public auction without being answerable\nfor any loss occasioned thereby.\n(2) Where the chargor is in possession of the charged land or the land comprised in\nthe charged lease, the chargee shall become entitled to recover possession of the\nland upon a bid being accepted at the auction sale.\n(3) A transfer by a chargee, in exercise of his power of sale, shall be made in the\nprescribed form, and the Registrar may accept it as sufficient evidence that the\npower has been duly exercised, and any person suffering damage by an irregular\nexercise of the power shall have his remedy in damages only against the person\nexercising the power.\n(4) Upon registration of such transfer, the interest of the chargor as described\ntherein shall pass to and vest in the transferee freed and discharged from all\nliability on account of the charge, or on account of any other incumbrance to\nwhich the charge has priority (other than a lease, easement or profit subsisting\nat the time the charge was effected or to which the chargee has consented in\nwriting).\n(5) A chargee in exercising his power of sale shall have the same powers and rights\nin regard to easements and restrictive agreements as are conferred upon a\nproprietor by sections 93 and 94.\n76.\nApplication of purchase money\n76. The purchase money received by a chargee who has exercised his power of sale, after\ndischarge of any prior incumbrances to which the sale is not made subject or after\npayment into court of a sum sufficient to meet any such prior incumbrances, shall be\napplied \u2014\n(a)\nfirst, in payment of all costs and expenses properly incurred and incidental\nto the sale or any attempted sale;\n(b) secondly, in accordance with any express provision in the charge (as\nrequired by section 64) for disposing of such money and in the absence of\nany such express provision, in discharge of the money due to the chargee\nat the date of the sale; and\n(c)\nthirdly, in payment of any subsequent charges in the order of their priority,\n\nSection 77\nRegistered Land Law\n\nPage 42\nRevised as at 28th day of February, 2018\nc\n\nand the residue of the money so received shall be paid to the person who\nimmediately before the sale was entitled to redeem the charged land, lease or\ncharge.\n77.\nVariation of powers\n77. The provisions of sections 70 (2) and (3), 72, 73, 74 and 75 may, in their application\nto a charge, be varied or added to in the charge:\nProvided that any such variation or addition shall not be acted upon unless the\ncourt, having regard to the proceedings and conduct of the parties and to the\ncircumstances of the case, so orders.\n78.\nNo right of entry into possession or foreclosure\n78. For the avoidance of doubt, it is hereby declared that the chargee shall not be entitled\nto foreclose, nor to enter into possession of the charged land or the land comprised in\na charged lease or to receive the rents and profits thereof by reason only that default\nhas been made in the payment of the principal sum or of any interest or other\nperiodical payment or of any part thereof or in the performance or observance of any\nagreement expressed or implied in the charge.\n79.\nDischarge of charge\n79. (1) A discharge, whether of the whole or of a part of a charge, shall be made by an\ninstrument in the prescribed form, or (if of the whole) the word \u201cDischarged\u201d\nmay be endorsed on the charge, duplicate or triplicate and endorsement executed\nby the chargee and dated.\n(2) A discharge shall be completed by cancellation in the register of the charge, or\npart thereof as the case may require, and filing the instrument of discharge, or\nthe endorsed charge.\n80.\nSatisfaction of charges\n80. Upon proof to the satisfaction of the Registrar \u2014\n(a)\nthat all money due under a charge has been paid to the chargee or by his\ndirection; or\n(b) that there has occurred the event or circumstances upon which, in\naccordance with the provisions of any charge, the money thereby secured\nceases to be payable and that no money is owing under the charge,\nthe Registrar shall order the charge to be cancelled in the register, and thereupon the\nland, lease or charge shall cease to be subject to the charge.\n\nRegistered Land Law\nSection 81\n\nc\nRevised as at 28th day of February, 2018\nPage 43\n\n81.\nTacking and further advances\n81. (1) Provision may be made in the charge for a chargee to make further advances or\ngive credit to the chargor on a current or continuing account, but, unless that\nprovision is noted in the register, further advances shall not rank in priority to\nany subsequent charge except with the consent in writing of the proprietor of\nthe subsequent charge.\n(2) Except as provided in this section, there is no right to tack.\n82.\nConsolidation\n82. A chargee has no right to consolidate his charge with any other charge unless the right\nis expressly reserved in the charges or in one of them and is noted in the register\nagainst all the charges so consolidated.\nDivision 4 - Transfers\n83.\nTransfer\n83. (l)\nA proprietor, by an instrument in the prescribed form, may transfer his land,\nlease or charge to any person with or without consideration.\n(2) The transfer shall be completed by registration of the transferee as proprietor of\nthe land, lease or charge and by filing the instrument.\n(3) The transferee of a charge may require the chargor to execute the transfer for\nthe purpose of acknowledging the amount due under the charge at the date of\nexecution of the transfer.\n84.\nTransfer to take effect immediately\n84. A transfer to take effect on the happening of any event or on the fulfilment of any\ncondition or at any future time shall not be capable of registration.\n85.\nConditions repugnant to interest transferred\n85. (1) Any condition or limitation purporting to restrain absolutely a transferee or any\nperson claiming under him from disposing of the interest transferred shall be\nvoid.\n(2) Any condition or limitation made in relation to a transfer which purports to\ndetermine the interest of the transferee on the happening of any future event or\non the failure of any future event to happen shall be void.\n(3) Except as provided in sections 92 to 98 inclusive, no transfer of land shall\ncontain a direction that the land shall be used or enjoyed by the transferee in a\nparticular manner.\n\nSection 86\nRegistered Land Law\n\nPage 44\nRevised as at 28th day of February, 2018\nc\n\n86.\nTransfer of part\n86. No part of the land comprised in a register shall be transferred unless the proprietor\nhas first subdivided the land and new registers have been opened in respect of each\nsubdivision.\n87.\nTransfer of leases\n87. On the transfer of a lease, unless the contrary is expressed in the transfer there shall\nbe implied \u2014\n(a)\na warranty on the part of the transferor that the rent, agreements and\nconditions on the part of the lessee to be paid, performed and observed\nhave been so paid, performed and observed up to the date specified in the\ntransfer or, if no such date is specified, the date of the transfer; and\n(b) an agreement on the part of the transferee to pay the said rent as from the\nday following the date specified in the transfer or the date of the transfer,\nas the case may be, and to perform and observe the said agreements and\nconditions.\n88.\nEffect of transfer on agreements in leases\n88. A transferee from a lessor or from a lessee shall possess all the rights, and be subject\nto all the liabilities, of the lessor or lessee, as the case may be, expressed or implied\nin the lease, or arising or which have arisen thereunder, and the transferor shall cease\nto be under any obligation or possessed of any rights in respect of the lease:\nProvided that nothing in this section shall affect rights or liabilities of the lessor or\nlessee, as the case may be, in respect of a breach of any of the agreements expressed\nor implied in the lease which occurred before transfer.\n89.\nTransfer subject to charge\n89. Save as otherwise expressly provided in the instrument in every transfer of land or a\nlease subject to a charge, there shall be implied an agreement by the transferee with\nthe transferor to pay the interest secured by the charge at the rate and at the times and\nin the manner specified in the charge and to keep the transferor indemnified against\nthe principal sum secured by the charge and from and against all liability in respect\nof any agreements on the part of the transferor therein contained or implied.\n90.\nTransfer subject to lease\n90. A transfer of land which is subject to a lease shall be valid without the lessee\nacknowledging the transferee as lessor, but nothing in this section \u2014\n(a)\naffects the validity of any payment of rent made by the lessee to the\ntransferor; or\n(b) renders the lessee liable, on account of his failure to pay rent to the\ntransferee, for any breach of agreement to pay rent,\n\nRegistered Land Law\nSection 91\n\nc\nRevised as at 28th day of February, 2018\nPage 45\n\nbefore notice of the transfer is given to the lessee by the transferee or transferor.\n91.\nTransfer of unregistered leases\n91. A transfer of a lease of registered land which lease does not require registration, and\nis not so registered, shall not itself require registration, but if application is made to\nthe Registrar to register such transfer, he shall not do so unless the transfer is in the\nprescribed form and the lease and prior transfers or other dealings therewith have\nbeen registered.\nDivision 5 - Easements, Positive and Restrictive Covenants, Profits\nand Licences\n92.\nEasements\n92. (1) The proprietor of land or a lease may, by an instrument in the prescribed form,\ngrant an easement over his land or the land comprised in his lease, to the\nproprietor or lessee of other land for the benefit of that other land.\n(2) Any proprietor transferring or leasing land or a lease may in the transfer or lease\ngrant an easement, for the benefit of the land transferred or leased, over land\nretained by him, or reserve an easement for the benefit of land retained by him.\n(3) The instrument creating the easement shall specify clearly \u2014\n(a)\nthe nature of the easement, the period for which it is granted and, any\nconditions, limitations or restrictions intended to affect its enjoyment;\n(b) the land burdened by the easement and, if required by the Registrar, the\nparticular part thereof so burdened; and\n(c)\nthe land which enjoys the benefit of the easement,\nand shall, if required by the Registrar, include a plan sufficient in the Registrar\u2019s\nestimation to define the easement.\n(4) The grant or reservation of the easement shall be completed by its registration\nas an incumbrance in the register of the land burdened and in the property\nsection of the land which benefits, and by filing the instrument.\n(5) An easement granted by the proprietor of a lease shall be capable of existing\nonly during the subsistence of the lease.\n93.\nPositive and restrictive covenants\n93. (1) A covenant may be \u2014\n(a)\na positive covenant; or\n(b) a restrictive covenant,\n\nSection 94\nRegistered Land Law\n\nPage 46\nRevised as at 28th day of February, 2018\nc\n\nand if registered under this Law is enforceable against the covenantor and the\ncovenantor\u2019s successor in title by the owner or occupier of land benefitting from\nthe covenant.\n(2) Where an instrument, other than a lease or charge, contains a restrictive\ncovenant by one proprietor restricting the building on or the user or other\nenjoyment of his land for the benefit of the proprietor of other land, and such\ninstrument is presented to the Registrar, the Registrar shall note the restrictive\ncovenant in the encumbrances section of the register of the land or lease\nburdened by the restrictive covenant, either by entering particulars of the\nrestrictive covenant or by referring to the instrument containing the restrictive\ncovenant and the Registrar shall file the instrument.\n(3) Where an instrument, other than a lease or charge, contains a positive covenant\nby one proprietor mandating the building on or the user or other enjoyment of\nhis land or other obligation for the benefit of the proprietor of other land, and\nthe instrument is presented to the Registrar, the Registrar shall note the positive\ncovenant in the encumbrances section of the register of the land or lease\nburdened by the positive covenant and in the property section of the land which\nbenefits from the positive covenant, either by entering particulars of the positive\ncovenant or by referring to the instrument containing the positive covenant and\nthe Registrar shall file the instrument.\n(4) Unless it is noted in the register, a positive or restrictive covenant is not binding\non any person acquiring the land or lease.\n(5) Insofar as a positive or restrictive covenant is capable of taking effect, not only\nthe proprietors themselves but also their respective successors in title shall be\nentitled to the benefit and subject to the burden of the covenant respectively,\nunless the instrument otherwise provides.\n(6) A positive covenant shall not prevent a person from \u2014\n(a)\nregistering an interest under this Law;\n(b) exercising the person\u2019s rights under a registered interest; or\n(c)\nreleasing or surrendering a registered interest.\n(7) A proprietor of two or more parcels may enter into a positive or restrictive\ncovenant with himself.\n(8) Registration of a positive covenant has effect only in relation to a positive\ncovenant registered after the coming into force of the Registered Lands\n(Amendment) Law, 2017 [Law 36 of 2017].\n94.\nProfits\n94. (1) The proprietor of land or a lease may, by an instrument in the prescribed form,\ngrant a profit.\n\nRegistered Land Law\nSection 95\n\nc\nRevised as at 28th day of February, 2018\nPage 47\n\n(2) The instrument shall indicate clearly the nature of the profit, the period for which\nit is to be enjoyed and \u2014\n(a)\nwhether it is to be enjoyed in gross, or as appurtenant to other land or a\nlease; and\n(b) whether it is to be enjoyed by the grantee exclusively or by him in common\nwith the grantor.\n(3) The grant of a profit shall be completed \u2014\n(a)\nby its registration as an incumbrance in the register of the land or lease\nwhich it affects;\n(b) where it is appurtenant to other land or a lease, by its registration in the\nproperty section of the register of the land or lease to which it is\nappurtenant; and\n(c)\nby filing the instrument.\n(4) A profit which is not appurtenant to land may be dealt with as though it\nwere land.\n(5) A profit granted by the proprietor of a lease shall be capable of subsisting only\nduring the subsistence of a lease.\n95.\nRelease and extinguishment of easements, profits, positive or restrictive\ncovenants\n95. (1) Upon presentation of a duly executed release in the prescribed form the\nregistration of the easement, profit, positive or restrictive covenants shall be\ncancelled, and the easement, profit, positive or restrictive covenants shall\nthereupon be extinguished.\n(2) On application of any person affected thereby, the Registrar may, after such\nadvertisement as he may direct, cancel the registration of an easement, profit,\npositive or restrictive covenants upon proof to his satisfaction that \u2014\n(a)\nthe period of time for which it was intended to subsist has expired;\n(b) the event upon which it was intended to terminate has occurred; or\n(c)\nit has been abandoned.\n96.\nDischarge and modification of easements, profits, positive or restrictive\ncovenants\n96. (1) The court shall have power, on the application of any person interested in land\naffected by an easement, profit, positive or restrictive covenants by order wholly\nor partially to extinguish or modify any such easement, profit, positive or\nrestrictive covenants (with or without payment by the applicant of compensation\nto any person suffering loss in consequence of the order), on being satisfied\nthat \u2014\n\nSection 97\nRegistered Land Law\n\nPage 48\nRevised as at 28th day of February, 2018\nc\n\n(a)\nby reason of changes in the character of the property or the neighbourhood\nor other circumstances of the case which the court deems material, the\neasement, profit, positive or restrictive covenants ought to be held to be\nobsolete;\n(b) the continued existence of the easement, profit, positive or restrictive\ncovenants impedes the reasonable user of the land for public or private\npurposes without securing practical benefits to other persons or, as the case\nmay be, will unless modified so impede such user to a different extent,\nfrom that which could reasonably have been foreseen by the original\nparties to the easement, profit, positive or restrictive covenant at the time\nof its creation; or\n(c)\nthe proposed discharge or modification will not injure the person entitled\nto the benefit of the easement, profit, positive or restrictive covenants.\n(2) Notwithstanding subsection (1), nothing prevents modification of an easement,\nprofit, positive or restrictive covenant by agreement between the persons\ninterested in, or affected by, the benefitted and burdened land.\n97.\nNatural rights\n97. Nothing in this Law shall be construed as derogating from the natural right to support,\nlight, air or access to a highway appertaining to any land nor from such ancillary\nrights as are necessary for effective enjoyment of an easement.\n98.\nLicences\n98. (1) Without prejudice to section 127, a licence is not capable of registration.\n(2) A licence relating to the use or enjoyment of land is ineffective against a bona\nfide purchaser for valuable consideration unless the licensee has protected his\ninterest by lodging a caution under that section.\nDivision 5A - Dedication Of Land For Public Use\n98A. Dedication of land for public use\n98A. (1) A proprietor of land may, by an instrument in the prescribed form, dedicate his\nland for public use.\n(2) The instrument creating the dedication shall specify clearly \u2014\n(a)\nthe nature of the dedication, the public use for which the land is dedicated,\nthe period for which it is made (if any) and any conditions, limitations or\nrestrictions intended to affect the enjoyment of the land; and\n(b) the land burdened by the dedication and, if required by the Registrar, the\nparticular part thereof so burdened.\n\nRegistered Land Law\nSection 98B\n\nc\nRevised as at 28th day of February, 2018\nPage 49\n\n(3) The dedication of land for public use shall be completed by its registration as an\nencumbrance in the register of the land burdened and by filing the instrument.\n98B. Crown may dedicate land for road\n98B. Subject to any other law, the Crown, through the Governor, may dedicate Crown land\nfor public use as a road.\n98C. Land vest in the Crown\n98C. Where land has been dedicated for public use under this Law that land vests in, or\nremains vested in, the proprietor of the land.\n98D. Discharge and modification of a dedication\n98D. The court shall have power, on the application of any person interested in land\naffected by a dedication, by order, to wholly or partially extinguish or modify a\ndedication (with or without payments by the applicant of compensation to any person\nsuffering loss in consequence of the order).\n98E. Meaning of public use\n98E. For the purposes of this Division \u201cpublic use\u201d includes use as a public road, use for\nbeach access or use for any other public purpose specified by Cabinet.\nDivision 6 - Co-proprietorship and Partition\n99.\nRegistration of more than one proprietor\n99. (1) Every instrument made in favour of two or more persons, and the registration\ngiving effect to it, shall show \u2014\n(a)\nwhether such persons are joint proprietors or proprietors in common; and\n(b) where they are proprietors in common, the share of each proprietor.\n(2) The Governor may for any registration section prescribe either \u2014\n(a)\nthe maximum number (whether one or a greater number) of persons who\nare allowed to be registered in the same register as proprietors; or\n(b) the maximum denominator of the vulgar fraction which expresses the\nshare of any proprietor,\nor both of them, and no dealing shall be registered if its effect would be that that\nnumber or that denominator, as the case may be, would be exceeded.\n100. Characteristics of joint proprietorship and severance thereof\n100. (1) Where the land, lease or charge is owned jointly, no proprietor is entitled to any\nseparate share in the land, and consequently \u2014\n(a)\ndispositions may be made only by all the joint proprietors; and\n\nSection 101\nRegistered Land Law\n\nPage 50\nRevised as at 28th day of February, 2018\nc\n\n(b) on the death of a joint proprietor, his interest shall vest in the surviving\nproprietor or the surviving proprietors jointly.\n(2) For avoidance of doubt, it is hereby declared that \u2014\n(a)\nthe sole proprietor of any land, lease or charge may transfer the same to\nhimself and another person jointly; and\n(b) a joint proprietor of any land, lease or charge may transfer his interest\ntherein to all the other proprietors.\n(3) Joint proprietors, not being trustees, may execute an instrument in the prescribed\nform signifying that they agree to sever the joint proprietorship, and the\nseverance shall be completed by registration of the joint proprietors as\nproprietors in common in equal shares and by filing the instrument.\n101. Characteristics of proprietorship in common\n101. (1) Where any land, lease or charge is owned in common, each proprietor shall be\nentitled to an undivided share in the whole, and on the death of a proprietor his\nshare shall be administered as part of his estate.\n(2) No proprietor in common shall deal with his undivided share in favour of any\nperson other than another proprietor in common of the same land, except with\nthe consent in writing of the remaining proprietor or proprietors of the land, but\nsuch consent shall not be unreasonably withheld.\n102. Partition of land owned in common\n102. (1) An application for the partition of the land owned in common may be made in\nthe prescribed form to the Registrar by \u2014\n(a)\nany one or more of the proprietors; or\n(b) any person in whose favour an order has been made for the sale of an\nundivided share in the land in execution of a decree,\nand subject to this and any other law by or under which minimum areas or\nfrontages are prescribed or the consent of any authority to a partition is required,\nthe Registrar shall effect the partition of the land in accordance with any\nagreement of the proprietors in common, or, in the absence of agreement, in\nsuch manner as the Registrar may order.\n(2) Partition shall be completed by closing the register of the parcel partitioned and\nopening registers in respect of the new parcels created by the partition and filing\nthe agreement or order.\n\nRegistered Land Law\nSection 103\n\nc\nRevised as at 28th day of February, 2018\nPage 51\n\n103. When Registrar may order sale\n103. (1) Where for any reason the land sought to be partitioned is incapable of partition\nor the partition would adversely affect the proper use of the land, and a demand\nis made by the applicant or one or more of the other proprietors in common that\nthe land or any share or shares in the land be sold, the Registrar shall, in default\nof any agreement between the proprietors in common, value the land and the\nshares of the proprietors in common and order the sale of the land or the\nseparation and sale of such shares by public auction or make such other order\nfor the disposal of the application as he thinks fit.\n(2) A proprietor in common shall be entitled to purchase the land or any share so\noffered for sale, either at the auction or at any time by private treaty.\n104. Procedure where share is small\n104. (1) Where the land sought to be partitioned is capable of partition generally, but the\nresulting share of any particular proprietor in common would be less in area than\nany minimum prescribed by or under any written law, the Registrar shall add\nsuch share to the share of any other proprietor or distribute such share amongst\ntwo or more other proprietors in such manner and in such proportions as, in\ndefault of agreement, he thinks fit.\n(2) Where the Registrar proceeds in accordance with subsection (1), he shall assess\nthe value of the share added or distributed and shall order that there be paid to\nthe proprietor of the share by each proprietor who has received an addition to\nhis share the value of such addition.\n(3) Where any sum is payable under subsection (2) by any proprietor in common to\nany other proprietor in common, the Registrar may order that such sum be\nsecured by way of charge on the share of the person liable to pay it.\nPART VI - Instruments and Agents\n105. Form of instruments\n105. (1) Every disposition of land, a lease or a charge shall be effected by an instrument\nin the prescribed form or in such other form as the Registrar may in any\nparticular case approve, and every person shall use a printed form issued by the\nRegistrar unless the Registrar otherwise permits.\n(2) Leases and charges shall be presented for registration in triplicate.\n(3) Instruments shall contain a true statement of the amount or value of the purchase\nprice, loan or other consideration (if any), and an acknowledgement of the\nreceipt of the consideration.\n\nSection 106\nRegistered Land Law\n\nPage 52\nRevised as at 28th day of February, 2018\nc\n\n106. Execution of instruments\n106. (1) Every instrument evidencing a disposition shall be executed by all persons\nshown by the register to be proprietors of the interest affected and by all other\nparties to the instrument:\nProvided that the Registrar may dispense with execution by any particular party\n(other than the donee under a disposition by way of gift) where he considers that\nsuch execution is unnecessary.\n(2) Subject to section 119(2), an instrument shall be deemed to have been executed\nonly \u2014\n(a)\nby a natural person, if signed by him; or\n(b) by a corporation \u2014\n(i)\nif sealed with the common seal of the corporation, affixed thereto in\nthe presence of and attested by its clerk, secretary or other permanent\nofficer and by a member of the board of directors, council or other\ngoverning body of the corporation; or\n(ii) in the case of a corporation not required by law to have a common\nseal, if signed by such persons as are authorised in that behalf by any\nlaw or by the statute or charter of the corporation or, in the absence\nof any express provision, by the persons duly appointed in writing\nfor that purpose by the corporation, evidence of which appointment\nhas been produced to the satisfaction of the Registrar.\n107. Verification of execution\n107. (l)\nSubject to subsection (3), a person signing an instrument by way of execution\nshall appear before the Registrar or such public officer or other person as is\nprescribed and, unless he is known to the Registrar or such public officer or\nother person, shall be accompanied by a credible witness for the purpose of\nestablishing his identity.\n(2) The Registrar, public officer or other person shall satisfy himself as to the\nidentity of the person appearing before him and ascertain whether he freely and\nvoluntarily executed the instrument, and shall complete thereon a certificate in\nthe prescribed form as to these matters and to the effect that the person\nconcerned signed the instrument before him in the appropriate place or places\nupon it.\n(3) An instrument which is required to be executed by or on behalf of the Crown\nshall be deemed to be executed when it has been signed by the Governor.\n(4) The Registrar may dispense with verification under this section \u2014\n(a)\nif he considers that it cannot be obtained or can be obtained only with\ndifficulty and he is otherwise satisfied that the document has been properly\nexecuted; or\n\nRegistered Land Law\nSection 108\n\nc\nRevised as at 28th day of February, 2018\nPage 53\n\n(b) in cases in which to his knowledge the document has been properly\nexecuted,\nand shall record on the document his reasons for dispensing with the appearance\nof the parties.\n(5) No instrument executed out of the Islands shall be registered unless it has\nendorsed thereon or attached thereto a certificate in the prescribed form\ncompleted \u2014\n(a)\nif the instrument was executed in the Commonwealth, by a Judge,\nmagistrate, justice of the peace, notary public, commissioner for oaths or\nadministrative officer; or\n(b) if the instrument was executed in a foreign country, by a British consular\nofficer or pro-consul, notary public or such other person or class of persons\nas the Governor may determine.\n108. Stamps\n108. No instrument required by law to be stamped shall be accepted for registration unless\nit is duly stamped.\n109. Disposal of instruments\n109. Subject to subsection (2) and section 112(2), all instruments accepted by the Registrar\nshall be retained in the registry for as long as they support a current entry in the\nregister and for six years thereafter.\n(2) When a lease or charge is registered, particulars of registration shall be noted on\nthe duplicate and triplicate thereof, and the duplicate and triplicate shall be\nreturned to the person who presented them.\n(3) Six years or more after an entry in the register has been superseded or has ceased\nto have any effect, the Registrar may destroy any instrument which supported\nthe entry.\n110. Minors\n110. (1) For the avoidance of doubt, it is hereby declared that the name of a person under\nthe age of eighteen years may be entered in the register either on first registration\nor as a transferee or on transmission.\n(2) Nothing in this section enables any such person to deal with land or any interest\nin land by virtue of such registration, and, where to his knowledge a minor is\nregistered. the Registrar shall enter a restriction accordingly.\n(3) Where a disposition by a minor whose minority has not been disclosed to the\nRegistrar has been registered, such disposition may not be set aside only on the\ngrounds of minority.\n\nSection 111\nRegistered Land Law\n\nPage 54\nRevised as at 28th day of February, 2018\nc\n\n111. Agents and persons under disability\n111. (1) Except as provided in subsection (3), no instrument executed by any person as\nagent for any other person shall be accepted by the Registrar unless the person\nexecuting it was authorised in that behalf by a power of attorney executed and\nverified in accordance with sections 106 and 107.\n(2) The original of such power of attorney or, with the consent of the Registrar, a\ncopy thereof certified by the Registrar shall be filed.\n(3) Where any person who, if not under a disability, might have made any\napplication, done any act or been a party to any proceeding under this law or\nunder any rules made thereunder is a minor, a person of unsound mind or a\nperson under any other disability, the guardian of such person, or if there is no\nsuch guardian a person appointed under some written law to represent that\nperson, may make any application, do any act and be party to any proceeding\non behalf of that person, and shall generally represent that person for the\npurposes of this Law.\n(4) Before accepting any document executed by a guardian or a person so appointed\nto represent a person under a disability, the Registrar shall satisfy himself that\nthe person claiming to be the guardian is entitled to execute the document or\nrequire the production of the appointment of the person so appointed, and shall\nfile a note of the explanation which satisfied him or a copy of the appointment,\nas the case may be.\n112. Gift to person under disability\n112. A person under a disability who has been registered as proprietor of land, a lease or a\ncharge acquired by him by way of gift may, within six months after he ceases to be\nunder a disability, repudiate the gift if he has not already disposed of the subjectmatter thereof, but no such repudiation shall be effective until \u2014\n(a)\nhe has transferred the land, lease or charge to the donor who shall be bound\nto accept it; and\n(b) the transfer has been registered.\n113. Power of attorney\n113. (1) Upon the application of the donor or the donee of a power of attorney which\ncontains any power to dispose of any interest in land, such power of attorney\nshall be entered in the register of powers of attorney and the original or, with\nthe consent of the Registrar, a copy thereof certified by the Registrar shall be\nfiled in the file of powers of attorney.\n(2) Every such power of attorney shall be in the prescribed form or such other form\nas the Registrar may, in any particular case, approve and shall be executed and\nverified in accordance with sections 106 and 107.\n\nRegistered Land Law\nSection 114\n\nc\nRevised as at 28th day of February, 2018\nPage 55\n\n(3) The donor of a power of attorney filed in accordance with subsection (1) may,\nat any time, give notice to the Registrar in the prescribed form that the power\nhas been revoked and thereupon the revocation shall be entered in the register\nof powers of attorney and noted upon the power and the notice shall be filed in\nthe file of powers of attorney.\n(4) Any interested person may give notice in writing to the Registrar that a power\nof attorney which has been revoked by the death, bankruptcy or disability of the\ndonor or the death or disability of the donee, accompanied by such evidence as\nthe Registrar requires, and thereupon the revocation shall be entered in the\nregister of powers of attorney and noted upon the power, and the notice shall be\nfiled in the file of powers of attorney.\n(5) Subsections (3) and (4) do not apply to a power of attorney given for valuable\nconsideration during any time which it is, by virtue of the terms thereof,\nirrevocable.\n(6) If, owing to the length of time since the execution of a power of attorney or for\nany other reason, the Registrar considers it desirable, he may require evidence\nthat the power has not been revoked, and may refuse to register any disposition\nby the donee of the power of attorney until satisfactory evidence is produced.\n(7) The Powers of Attorney Law (1996 Revision) has no application to powers of\nattorney made under this section.\n114. Effect of registered power of attorney\n114. (1) A power of attorney which has been registered under section 113 and of which\nno notice of revocation has been registered under that section shall be deemed\nto be subsisting as regards any person acquiring any interest in land affected by\nthe exercise of the power, for valuable consideration and without notice of\nrevocation and in good faith, or any person deriving title under such a person.\n(2) Any person making any payment or doing any act in good faith in pursuance of\na power of attorney registered under section 113 shall not be liable in respect of\nthe payment or act by reason only that before the payment or act the donor of\nthe power had died or become subject to a disability or become bankrupt, or had\nrevoked the power, if the fact of death, disability, bankruptcy or revocation was\nnot at the time of the payment or act known to the person making or doing the\npayment or act.\n\nSection 115\nRegistered Land Law\n\nPage 56\nRevised as at 28th day of February, 2018\nc\n\nPART VII - Transmissions And Trusts\n115. Transmission on death of joint proprietor\n115. If one, or two or more joint proprietors of any land, lease or charge dies, the Registrar,\non proof to his satisfaction of the death, shall delete the name of the deceased from\nthe register.\n116. Transmission on death of sole proprietor or proprietor in common\n116. (1) If a sole proprietor or a proprietor in common dies, his personal representative\non application to the Registrar in the prescribed form and on production to him\nof the grant shall be entitled to be registered by transmission as proprietor in the\nplace of the deceased with the addition after his name of the words \u201cas executor\nof the will of____________________________deceased\u201d or \u201cas administrator\nof the estate of_______________deceased\u201d, as the case may be.\n(2) Upon production of a grant, the Registrar may, without requiring the personal\nrepresentative to be registered, register by transmission \u2014\n(a)\nany transfer by the personal representative; and\n(b) any surrender of a lease or discharge of a charge by the personal\nrepresentative.\n(3) In this section \u2014\n\u201cgrant\u201d means the grant of probate of the will or the grant of letters of\nadministration of the estate of the deceased proprietor.\n117. Effect of transmission by death\n117. (1) Subject to any restriction on his power of disposing of the land, lease or charge\ncontained in his appointment, the personal representative or the person\nbeneficially entitled on the death of the deceased proprietor, as the case may be,\nshall hold the land, lease or charge subject to any liabilities, rights or interests\nwhich are unregistered but are nevertheless enforceable and subject to which the\ndeceased proprietor held the same, but for the purpose of any dealing he shall\nbe deemed to have been registered as proprietor thereof with all the rights\nconferred by this Law on a proprietor who has acquired land, a lease or a charge,\nas the case may be, for valuable consideration.\n(2) The registration of any person as aforesaid shall relate back to and take effect\nfrom the date of the death of the proprietor.\n\nRegistered Land Law\nSection 118\n\nc\nRevised as at 28th day of February, 2018\nPage 57\n\n118. Transmission on bankruptcy\n118. (1) A trustee in bankruptcy shall, upon production to the Registrar of a certified\ncopy of the order of court adjudging a proprietor bankrupt, or directing that the\nestate of a deceased proprietor shall be administered according to the law of\nbankruptcy, be registered as proprietor of any land, lease or charge of which the\nbankrupt or deceased proprietor is proprietor, in his place, and a copy of the\norder shall be filed in the registry.\n(2) A trustee in bankruptcy shall be described in the register as \u201ctrustee of the\nproperty of __________________________________________ a bankrupt\u201d.\n(3) The trustee in bankruptcy shall hold any land, lease or charge of which he is\nregistered as proprietor subject to any restrictions contained in any law relating\nto bankruptcy or in any order of court and subject to any liabilities, rights or\ninterests which are unregistered but are nevertheless enforceable and subject to\nwhich the bankrupt or the deceased proprietor held the same, but for the purpose\nof any dealing with such land, lease or charge the trustee in bankruptcy shall\nhave all the rights and be subject to all the limitations conferred or imposed by\nthis or any other law on a proprietor who has acquired land, a lease or charge\nfor valuable consideration.\n119. Liquidation\n119. (1) Where a company is being wound up, the liquidator shall produce to the\nRegistrar any resolution or order appointing him liquidator, and the Registrar\nshall enter the appointment in respect of any land, lease or charge of which the\ncompany is registered as proprietor, and shall file the copy of the resolution or\norder.\n(2) An instrument executed by or on behalf of a company in liquidation delivered\nfor registration after the appointment of the liquidator has been entered under\nsubsection (1), shall be sealed with the common seal of the company and\nattested by the liquidator or, in the case of a company not required by law to\nhave a common seal, shall be signed by the liquidator whose signature shall be\nverified in accordance with section 107.\n120. Transmission by compulsory acquisition or judgment of court\n120. Where the Crown or any person has become entitled to any land, lease or charge under\nany law or by virtue of any order or certificate of sale made or issued under any law,\nthe Registrar shall, on the application of any interested person supported by such\nevidence as he may require, register the Crown or the person entitled as the proprietor.\n\nSection 121\nRegistered Land Law\n\nPage 58\nRevised as at 28th day of February, 2018\nc\n\n121. Trusts\n121. (1) A person acquiring land, a lease or charge in a fiduciary capacity may be\ndescribed by that capacity in the instrument of acquisition and, if so described,\nshall be registered with the addition of the words \u201cas trustee\u201d, but the Register\nshall not enter particulars of any trust in the register.\n(2) Any instrument which declares or is deemed to declare any trust, or a certified\ncopy thereof, may be deposited with the Registrar for safe custody; but such\ninstrument or copy shall not form part of the register or be deemed to be\nregistered.\n(3) Where the proprietor of land, a lease or a charge is a trustee, he shall hold the\nsame subject to any unregistered liabilities, rights or interests to which it is\nsubject by virtue of the instrument creating the trusts, but for the purpose of any\nregistered dealings he shall be deemed to be the absolute proprietor thereof, and\nno person dealing in good faith for valuable consideration shall be deemed to\nhave notice of the trust, nor shall any breach of the trust create any right to\nindemnity under this Law.\n122. Survivor of trustees\n122. Whenever two or more proprietors are registered jointly as trustees and the survivor\nof such proprietors would not be entitled to exercise alone the powers which are\nvested in them, the Registrar shall enter a restriction to that effect.\n123. Application of Settled Land Law (1998 Revision)\n123. (1) The Settled Land Law (1998 Revision) shall, with necessary adaptations and\nmodifications, apply to any land or lease registered under this Law and the\nperson who is for the time being the tenant for life under a settlement may be\nregistered as the proprietor of such land or lease.\n(2) An instrument creating a settlement, or a certified copy thereof, may be\ndeposited with the Registrar for safe custody, but such instrument or copy shall\nnot form part of the register or be deemed to be registered.\nPART VIII - Restraints on Disposition - Division 1-Inhibitions\n124. Power of court to inhibit registered dealings\n124. (1) The court may make an order (hereinafter referred to as an inhibition) inhibiting\nfor a particular time or until the occurrence of a particular event, or generally\nuntil further order, the registration of any dealing with any land, lease or charge.\n(2) A copy of the inhibition under the seal of the court, with particulars of the land,\nlease or charge affected thereby, shall be sent to the Registrar, who shall register\n\nRegistered Land Law\nSection 125\n\nc\nRevised as at 28th day of February, 2018\nPage 59\n\nit in the appropriate register, and no inhibition shall bind or affect the land, lease\nor charge until it has been registered.\n125. Effect of inhibition\n125. So long as an inhibition remains registered, no instrument which is inconsistent with\nit shall be registered.\n126. Cancellation of inhibition\n126. The registration of an inhibition shall be cancelled only \u2014\n(a)\non the expiration of the time limited by the inhibition;\n(b) on proof to the satisfaction of the Registrar of the occurrence of the event\nspecified in the inhibition;\n(c)\non the land, lease or charge being sold by the chargee, unless such sale is\nitself inhibited; or\n(d) by order of the court.\nDivision 2 - Cautions\n127. Lodging of cautions\n127. (1) Any person who \u2014\n(a)\nclaims any unregisterable interest whatsoever in land, a lease or a charge;\n(b) is entitled to a licence;\n(c)\nhas presented a bankruptcy petition against the proprietor of any registered\nland, lease or charge; or\n(d) being a bank, has advanced money on a current account to the proprietor\nof land, a lease or charge,\nmay lodge a caution with the Registrar forbidding the registration of dispositions\nof the land, lease or charge concerned and the making of entries affecting the\nsame.\n(2) A caution may either \u2014\n(a)\nforbid the registration of dispositions and the making of entries altogether;\nor\n(b) forbid the registration of dispositions and the making of entries to the\nextent therein expressed.\n(3) A caution shall be in the prescribed form and shall state the interest claimed by\nthe cautioner, and the Registrar may require the cautioner to support it by a\nstatutory declaration.\n(4) The Registrar may refuse a caution which he considers unnecessary.\n\nSection 128\nRegistered Land Law\n\nPage 60\nRevised as at 28th day of February, 2018\nc\n\n(5) Subject to this section, the caution shall be registered in the appropriate register.\n128. Notice and effect of caution\n128. (1) The Registrar shall give notice in writing of a caution to the proprietor whose\nland, lease or charge is affected by it.\n(2) So long as a caution remains registered no disposition which is inconsistent with\nit shall be registered except with the consent of the cautioner or by order of the\ncourt.\n129. Withdrawal and removal of caution\n129. (1) A caution may be withdrawn by the cautioner or removed by order of the court\nor, subject to subsection (2), by order of the Registrar.\n(2)\n(a) The Registrar may, on the application of any person interested, serve notice\non the cautioner warning him that his caution will be removed at the expiration\nof the time stated in the notice.\n(b) If, at the expiration of the time stated, the cautioner has not objected, the\nRegistrar may remove the caution.\n(c)\nIf the cautioner objects to the removal of the caution, he shall notify the\nRegistrar in writing of his objection within the time specified in the notice,\nand the Registrar, after giving the parties an opportunity of being heard,\nshall make such order as he thinks fit and may, in the order, make provision\nfor the payment of costs.\n(3) On registration of a transfer by a chargee in exercise of his powers of sale under\nsection 75, the Registrar shall remove any caution which purports to prohibit\nany dealing by the chargor and which was registered after the charge by virtue\nof which the transfer has been effected.\n(4) On the withdrawal or removal of a caution, its registration shall be cancelled,\nbut any liability of the cautioner previously incurred under section 131 shall not\nbe affected by the cancellation.\n130. Second caution in respect of same matter\n130. The Registrar may refuse to accept a further caution by the same person or anyone on\nhis behalf in relation to the same matter as a previous caution.\n131. Wrongful cautions\n131. Any person who lodges or maintains a caution wrongfully and without reasonable\ncause shall be liable in an action for damages, at the suit of any person who has\nthereby sustained damage, to pay compensation to such person.\n\nRegistered Land Law\nSection 132\n\nc\nRevised as at 28th day of February, 2018\nPage 61\n\nDivision 3 - Restrictions\n132. Restrictions\n132. (1) For the prevention of any fraud or improper dealing or for any other sufficient\ncause, the Registrar may, either with or without the application of any person\ninterested in the land, lease or charge, after directing such inquiries to be made\nand notices to be served and hearing such persons as he thinks fit, make an order\n(hereinafter referred to as a restriction) prohibiting or restricting dealings with\nany particular land, lease or charge.\n(2) A restriction may be expressed to endure \u2014\n(a)\nfor a particular period;\n(b) until the occurrence of a particular event; or\n(c)\nuntil the making of a further order, and may prohibit or restrict all dealings\nor only such dealings as do not comply with specified conditions, and the\nrestriction shall be registered in the appropriate register.\n(3) The Registrar shall order a restriction to be entered in any case where it appears\nto him that the power of the proprietor to deal with the land, lease or charge is\nrestricted.\n133. Notice and effect of restriction\n133. (1) Upon the entry of a restriction the Registrar shall give notice thereof in writing\nto the proprietor affected thereby.\n(2) So long as any restriction remains registered, no instrument which is\ninconsistent with it shall be registered except by order of the court or of the\nRegistrar.\n134. Removal and variation of restrictions\n134. (1) The Registrar may, at any time, upon application by any person interested or of\nhis own motion, and after giving the parties affected thereby an opportunity of\nbeing heard, order the removal or variation of a restriction.\n(2) Upon the application of a proprietor affected by a restriction, and upon notice\nthereof to the Registrar, the court may order a restriction to be removed or\nvaried, or make such other order as it thinks fit, and may make an order as to\ncosts.\n\nSection 135\nRegistered Land Law\n\nPage 62\nRevised as at 28th day of February, 2018\nc\n\nPART IX - Prescription\n135. Acquisition of title by possession\n135. The Limitation Law (1996 Revision) shall apply to registered land in the same manner\nand to the same extent as it applies to land not registered, except that where, if the\nland were not registered, the estate, right or interest of the owner therein would be\nextinguished, such estate, right or interest shall not be extinguished but shall be\ndeemed to be held by the proprietor for the time being in trust for the person who, by\nvirtue of the said law, has acquired title against any proprietor, but without prejudice\nto the rights and interests of any other person interested in the land whose right or\ninterest is not extinguished by the said law.\n136. Application to register title acquired by possession\n136. Any person claiming to have acquired a title to registered land by virtue of the\nLimitation Law (1996 Revision) may apply to the Registrar to be registered as\nproprietor thereof.\n137. Procedure on application\n137. (1) On application by any person for registration as proprietor under section 135,\nthe application shall be advertised by the Registrar at the expense of the\napplicant in such manner as the Registrar may direct.\n(2) The Registrar shall give notice of any such application to the proprietor of the\nland affected and to any other persons who may, in his opinion, be affected\nthereby.\n(3) After one month has elapsed from the date of giving notice under subsection (2),\nthe Registrar, on being satisfied as to the applicant\u2019s title, may allow the\napplication and register him as proprietor of the land claimed, either with\nabsolute or provisional title, as the case may require, but without prejudice to\nany interests protected by any entry on the register which may not have been\nextinguished under the Limitation Law (1996 Revision).\n(4) The proprietor or the applicant or any other persons interested, may apply to the\ncourt for the determination of any question arising under this section or\nsections 136 and 137.\n138. Acquisition of easements and profits by prescription\n138. (1) Subject to the Prescription Law (1997 Revision) easements and profits may be\nacquired without registration by peaceable, open and uninterrupted enjoyment\nthereof for a period of twenty years:\nProvided that no easement or profit shall be so acquired unless the proprietor of\nthe land burdened by such easement or profit is, or by reasonable diligence\nmight have been, aware of such enjoyment and might by his own efforts have\nprevented it.\n\nRegistered Land Law\nSection 139\n\nc\nRevised as at 28th day of February, 2018\nPage 63\n\n(2) Where any person claims to have acquired an easement or profit by virtue of\nsubsection (1) he may apply to the Registrar for the registration thereof, and the\nRegistrar, on being satisfied as to the claim and subject to such notices,\nadvertisement and conditions as the Registrar may direct, shall register the\neasement or profit as an incumbrance on the register of the land affected and, in\nthe case of an easement, in the property register of the land which benefits.\nPART X - Rectification and Indemnity\n139. Rectification by Registrar\n139. (1) The Registrar may rectify the register or any instrument presented for\nregistration \u2014\n(a)\nin formal matters and in the case of errors or omissions not materially\naffecting the interests of any proprietor;\n(b) where any person has acquired an interest in land by prescription under\nPart IX;\n(c)\nin any case and at any time, with the consent of all persons interested; and\n(d) where, upon resurvey, a dimension or area shown in the register or\nRegistry Map is found to be incorrect, but in such case the Registrar shall\nfirst give notice to all persons appearing by the register to be interested or\naffected of his intention so to rectify.\n(2) Upon proof of the change of the name or address of any proprietor, the Registrar\nshall, on the written application of the proprietor, make an entry in the register\nto record the change.\n140. Rectification by court 1997 Revision\n140. (1) Subject to the Land Adjudication Law (1997 Revision) and to subsection (2), the\ncourt may order rectification of the register by directing that any registration be\ncancelled or amended where it is satisfied that any registration including a first\nregistration has been obtained, made or omitted by fraud or mistake.\n(2) The register shall not be rectified so as to affect the title of a proprietor who is\nin possession or is in receipt of the rents or profits and acquired the land, lease\nor charge for valuable consideration, unless such proprietor had knowledge of\nthe omission, fraud or mistake in consequence of which the rectification is\nsought, or caused such omission, fraud or mistake or substantially contributed\nto it by his act, neglect or default.\n141. Right of indemnity\n141. (1) Subject to this and any law relating to the limitation of actions, any person\nsuffering damage by reason of \u2014\n\nSection 142\nRegistered Land Law\n\nPage 64\nRevised as at 28th day of February, 2018\nc\n\n(a)\nany rectification of the register under this Law;\n(b) any mistake or omission in the register which cannot be rectified under this\nLaw, other than a mistake or omission in a first registration; or\n(c)\nerror in a certificate of official search issued by the Registrar or in a copy\nof or extract from the register or in a copy of or extract from any document\nor plan, certified under this Law,\nshall be entitled to be indemnified by the Government out of moneys provided\nby the Legislative Assembly.\n(2) No indemnity shall be payable under this Law to any person who has himself\ncaused or substantially contributed to the damage by his fraud or negligence, or\nwho derives title (otherwise than under a registered disposition made bona fide\nfor valuable consideration) from a person who so caused or substantially\ncontributed to the damage.\n142. Amount of indemnity\n142. Where an indemnity is awarded in respect of the loss of any interest in land, it shall\nnot exceed \u2014\n(a)\nwhere the register is not rectified, the value of the interest at the time when\nthe mistake or omission which caused the damage was made; or\n(b) where the register is rectified, the value of the interest immediately before\nthe time of rectification.\n143. Procedure for claiming indemnity\n143. The Registrar may, on the application of any interested party, determine whether a\nright of indemnity has arisen under this Part and, if so, award indemnity, and may add\nthereto any costs and expenses properly incurred in relation to the matter.\n144. Recovery of indemnity\n144. Where any moneys are paid by way of indemnity under this Part, the Governor shall\nbe entitled to recover by suit or otherwise the amount so paid from any person who\nhas caused or substantially contributed to the loss by his fraud or negligence, and to\nenforce any express or implied agreement or other right which the person who is\nindemnified would have been entitled to enforce in relation to the matter in respect of\nwhich the indemnity has been paid.\n\nRegistered Land Law\nSection 145\n\nc\nRevised as at 28th day of February, 2018\nPage 65\n\n145. Errors in survey\n145. (1) As between the Government and a proprietor no claim to indemnity shall arise\nand no suit shall be maintained on account of any surplus or deficiency in the\narea or measurement of any land disclosed by a survey showing an area of\nmeasurement differing from the area or measurement disclosed on any\nsubsequent survey or from the area or measurement shown in the register or on\nthe Registry Map.\n(2) As between a proprietor and any person from or through whom he acquired the\nland, no claim to indemnity shall be maintainable on account of any surplus or\ndeficiency in the area or measurement above or below that shown in any other\nsurvey or above or below the area or measurement shown in the register or on\nthe Registry Map, after a period of six months from the date of registration of\nthe instrument under which the proprietor acquired the land.\nPART XI - Decisions of Registrar and Appeals\n146. Power of Registrar to state case\n146. Whenever any question arises with regard to the exercise of any power or the\nperformance of any duty conferred or imposed on him by this Law, the Registrar may,\nand shall if required to do so by an aggrieved party, state a case for the opinion of the\ncourt; and thereupon the court shall give its opinion which shall be binding upon the\nRegistrar.\n147. Appeals\n147. (1) The Governor or any person aggrieved by a decision, direction, order,\ndetermination or award of the Registrar may, within thirty days of the decision,\ndirection, order, determination or award, give notice to the Registrar in the\nprescribed form of his intention to appeal to the court against the decision,\ndirection, order, determination or award.\n(2) On receipt of a notice of appeal, the Registrar shall prepare and send to the court\nand to the appellant, and to any other person appearing to him from the register\nto be affected by the appeal, a brief statement of the question in issue.\n(3) On the hearing of the appeal, the appellant, the Registrar and any other person\nwho, in the opinion of the court, is affected by the appeal may, subject to any\nrules of court, appear and be heard in person or by a legal practitioner.\n(4) The court may make such order on the appeal as the circumstances may require,\nand every such order shall be given effect to by the Registrar.\n(5) The costs of the appeal shall be in the discretion of the court.\n(6) The Governor or any person aggrieved by an order of the court, may appeal to\nthe Court of Appeal within such time and in such manner as may be regulated\n\nSection 148\nRegistered Land Law\n\nPage 66\nRevised as at 28th day of February, 2018\nc\n\nby the law and rules of court for time being in force relating to appeals in civil\ncases.\n148. Effect of appeal on disposition\n148. (1) An appeal to the court shall not affect a disposition for valuable consideration\nmade in good faith and registered before delivery of notice of the appeal to the\nRegistrar.\n(2) A note that an appeal is pending shall be made in the register affected by the\nappeal and any disposition shall be subject to such notice.\n149. Appeal Rules\n149. The Chief Justice may make rules of court for regulating applications and appeals to\nthe court under this Law, and for the fees to be paid in respect thereof.\nPART XII - Application of Existing Laws\n150. Cesser of application of Registration (Land) Law\n150. Without prejudice to any thing done or established thereunder, the Registration\n(Land) Law (1996 Revision) shall cease to apply to any parcel of land, lease or charge\nregistered under this Law.\n151. Cesser of application of Public Recorder Law\n151. The Public Recorder Law (2010 Revision) shall have no application in respect of any\ndocument evidencing any transaction registrable under this Law in respect of any\nparcel of land, lease or charge registered under this Law.\nPART XIII - Miscellaneous\n152. Addresses\n152. Any person who, under this Law, submits a caution or any instrument for registration,\nor is the proprietor of any land, lease or charge, shall furnish to the Registrar, in\nwriting, a postal address within the Islands for service and shall notify him in writing\nof any change in that address:\nProvided that the Registrar may, in his discretion, dispense with this requirement\nin regard to any particular registration or kind of registration.\n153. Service of notices\n153. A notice under this Law shall be deemed to have been served on or given to any\nperson if \u2014\n\nRegistered Land Law\nSection 154\n\nc\nRevised as at 28th day of February, 2018\nPage 67\n\n(a)\nserved on him personally;\n(b) served on an attorney holding a power of attorney whereunder such\nattorney is authorised to accept such service;\n(c)\nsent by registered post to him at his last known postal address in the Islands\nor elsewhere and a receipt purporting to have been signed by him has been\nreceived in return; or\n(d) service cannot be effected in one of the above-mentioned ways, by\ndisplaying it in a prominent place on the land affected and by publishing it\nin three consecutive issues of the Gazette.\n154. Prohibition on certain foreign bodies corporate holding land\n154. Notwithstanding that it may be empowered to do so under the law of any other\njurisdiction or by its memorandum of association (by whatsoever name so called) a\nbody corporate (by whatsoever name so called) which is not \u2014\n(a)\nan existing company, as defined in section 2(1) of the Companies Law\n(2018 Revision);\n(b) formed and registered under the Companies Law (2018 Revision); or\n(c)\nregistered as a foreign company under Part IX of the Companies Law\n(2018 Revision),\nhas no power to be registered as a proprietor or in any other manner to hold land\nin the Islands.\n155. Meaning of \u201copportunity of being heard\u201d\n155. (1) Where, by this Law, a thing is to be or may be done after giving a person an\nopportunity of being heard, that person shall be deemed to have been given such\nan opportunity if \u2014\n(a)\nhe attends before the Registrar personally or by a legal practitioner or other\nagent, and is given such an opportunity;\n(b) he intimates, personally or by a legal practitioner or other agent, that he\ndoes not wish to be heard; or\n(c)\nhe fails to attend pursuant to a notice in writing indicating the nature of the\nthing to be done and appointing a day and time not less than thirty days\nafter service of the notice at which he will, if he attends before the\nRegistrar be heard.\n(2) Where a person or legal practitioner or other agent on his behalf attends before\nthe Registrar concerning a matter on which he is entitled to an opportunity of\nbeing heard, or fails to attend pursuant to such a notice as aforesaid, the Registrar\nmay, if he thinks fit, adjourn the hearing from time to time, and, not withstanding\na failure to attend, may, if he thinks fit, hear such person at any time.\n\nSection 156\nRegistered Land Law\n\nPage 68\nRevised as at 28th day of February, 2018\nc\n\n(3) Where by this Law all persons interested are to be given an opportunity of being\nheard, it shall be sufficient if all persons who, according to any subsisting entry\nin the register, appear to be so interested or affected are given such opportunity.\n156. Offences\n156. (1) Whoever \u2014\n(a)\nknowingly misleads or deceives any person authorised by or under this\nLaw to require information in respect of any land or interest in land;\n(b) fraudulently issues or makes, or fraudulently procures the issue or making,\nof any certificate or other document, or any registration, or any erasure or\nalteration in any certificate or other document or in any register;\n(c)\nfraudulently uses, assists in fraudulent using or is privy to the fraudulent\nuse of any instrument or form purporting to be issued or authorised by the\nRegistrar; or\n(d) causes any defacement, obliteration, mutilation or unauthorised entry or\nalteration to be made on or in any register or filed instrument,\nis guilty of an offence and liable to a fine of five thousand dollars and to\nimprisonment for three years.\n(2) Whoever, after the delivery to him of a summons to attend before the Registrar\nor to produce any document, neglects or refuses without reasonable cause to\nattend in accordance with the summons, or to produce any document which he\nis required by the summons to produce, or to answer upon oath or otherwise any\nquestion which is lawfully put to him by the Registrar under the powers\nconferred by this Law, is guilty of an offence and liable on summary conviction\nto a fine of fifty dollars.\n157. Fees\n157. (1) There shall be payable in respect of land certificates, certificates of leases,\nsearches, survey plans, printed forms and all other matters connected with\nregistration, such fees as shall from time to time be prescribed and the Registrar\nmay refuse registration until the fees are paid.\n(2) The Registrar may act notwithstanding that the prescribed fee or any part thereof\nhas not been paid, but the unpaid fee or part of a fee shall be recorded in the\nregister.\n(3) The Registrar may refuse to register a disposition of any land, lease or charge\nagainst which unpaid fees are recorded until such fees are paid.\n158. Recovery of fees and expenses\n158. Unpaid fees or expenses incurred by the Registrar shall constitute a civil debt\nrecoverable by the Registrar in the appropriate court.\n\nRegistered Land Law\nSection 159\n\nc\nRevised as at 28th day of February, 2018\nPage 69\n\n159. Enforcement of Registrar\u2019s orders for payment\n159. An order for the payment of a sum of money made by the Registrar under any power\nconferred by this Law shall be deemed to be an order of the court and shall be\nenforceable as such.\n160. Jurisdiction of courts\n160. Civil suits and proceedings relating to the ownership or the possession of land, or to\na lease or charge, registered under this Law, or to any interest in any such land, lease\nor charge, being an interest which is registered which is referred to in section 28 shall\nbe tried by the court having jurisdiction having regard to the value of the suit.\n161. Rules\n161. The Cabinet may make rules generally to give effect to the purposes and provisions\nof this Law, and in particular, and without prejudice to the generality of the foregoing,\nfor prescribing the forms to be used and the fees payable for anything to be done\nhereunder and for prescribing anything which under this Law may be prescribed.\n162. Saving of rights\n162. Nothing in this Law shall prejudice any of the interests, rights, powers and privileges\nconferred on the Crown or the Government by any other law.\n163. Law to bind Crown and Government\n163. Subject to section 162, this Law binds the Crown and the Government.\n164. How matters not provided for in Law to be decided\n164. Any matter not provided for in this or any other law in relation to land, leases and\ncharges registered under this Law, and interests therein, shall be decided in\naccordance with the principles of justice, equity and good conscience.\nPublication in consolidated and revised form authorised by the Cabinet this 13th\nday of March, 2018.\nKim Bullings\nClerk of the Cabinet","akn_extracted_at":"2026-06-22 15:37:18.925901+00","cms_id":"1971-0021","law_type":"principal","year":"1971","number":"21","title":"Registered Land Act","status":"in_force"},"provenance":{"files":[{"file_id":"5078","expr_id":"231","kind":"akn_xml","filename":"1971-0021_2018 Revision.akn.xml","source_url":null,"storage_path":"\/Users\/q\/kyleg-data\/working\/PRINCIPAL\/1971\/1971-0021\/1971-0021_2018 Revision.akn.xml","content_md5":"add7638216ac021e85a3b4154e03323c","byte_size":"160463","http_last_modified":null,"fetched_at":"2026-06-22 15:37:20.479372+00"},{"file_id":"461","expr_id":"231","kind":"pristine_pdf","filename":"1971-0021_2018 Revision.pdf","source_url":"\/cms\/images\/LEGISLATION\/PRINCIPAL\/1971\/1971-0021\/1971-0021_2018 Revision.pdf","storage_path":"\/Users\/q\/kyleg-data\/pristine\/PRINCIPAL\/1971\/1971-0021\/1971-0021_2018 Revision.pdf","content_md5":"2fc74d5c70794977c34ab7492b8e64f1","byte_size":"1245170","http_last_modified":null,"fetched_at":"2026-06-21 23:09:37.735339+00"},{"file_id":"462","expr_id":"231","kind":"working_pdf","filename":"1971-0021_2018 Revision.pdf","source_url":"\/cms\/images\/LEGISLATION\/PRINCIPAL\/1971\/1971-0021\/1971-0021_2018 Revision.pdf","storage_path":"\/Users\/q\/kyleg-data\/working\/PRINCIPAL\/1971\/1971-0021\/1971-0021_2018 Revision.pdf","content_md5":"2fc74d5c70794977c34ab7492b8e64f1","byte_size":"1245170","http_last_modified":null,"fetched_at":"2026-06-21 23:09:37.735339+00"}],"paragraph_count":156,"latest_history":null},"quality":{"expr_id":"231","doc_id":"231","quality_state":"needs_review","quality_score":"85","needs_human_review":"t","deterministic_categories":"{page_header_footer_noise}","llm_categories":"{truncated_text,other}","repair_actions":"{manual_review,reextract_full_text,strip_page_furniture}","finding_severity_counts":"{\"low\": 1, \"medium\": 1}","finding_summary":"Sample shows potential truncation at section 35 and possible duplicate section numbering; full document should be examined to confirm completeness and correct formatting.","assessed_at":"2026-06-22 15:29:45.304639+00","updated_at":"2026-06-22 15:29:45.304639+00"}}