DEEDS REGISTRY: SUBSIDIARY LEGISLATION

INDEX TO SUBSIDIARY LEGISLATION

Deeds Registry Regulations

Deeds Registry (Conveyancers and Notaries Public (Fees and Charges) Regulations

DEEDS REGISTRY REGULATIONS

(under section 11)

(1st August, 1960)

 

ARRANGEMENT OF REGULATIONS

 

   REGULATION

 

 

 

PART I
Preliminary

 

   1.   Citation

 

   2.   Identity of persons

 

 

 

PART II
Preparation of Deeds and Documents

 

   3.   Deeds, etc. to be written etc. on paper approved by the Registrar

 

   4.   Deeds, etc. to be neat

 

   5.   Spaces

 

   6.   Registrar may decline to attest, etc.

 

   7.   Names, etc. of persons named in deeds

 

   8.   Place and date of execution

 

   9.   Date and number granted, transfer, etc.

 

   10.   Properties to be specified in separate paragraphs

 

   11.   District or township to be named

 

   12.   Extent of land to be expressed in words and figures

 

   13.   Meaning of "share"

 

   14.   Registrar may require conveyancer to furnish statement

 

   15.   Diagram

 

   16.   Minors

 

   17.   Partnerships

 

   18.   Preparation of deeds

 

   19.   Community of property

 

   20.   Rehabilitated insolvent

 

   21.   Certificate of right to minerals

 

   22.   Authority for acts of Registrar

 

   23.   Authority to be in duplicate

 

   24.   Conditions to be included in mortgage or to be referred to therein

 

   25.   Consent of holders of bonds

 

   26.   Deeds to be prepared by conveyancer

 

   27.   Powers of attorney

 

 

 

PART III
Lodgement and Execution of Deeds

 

   28.   Lodgement for examination

 

   29.   Time of cession

 

   30.   Production of documents

 

   31.   Land transfer in pursuance of a will, etc.

 

   32.   Production of title deed

 

   33.   Arbitration

 

   34.   Transfer in favour of estate of a deceased person

 

   35.   Value of immovable property

 

   36.   Fideicommissum

 

   37.   Deeds, etc. in favour of bank, etc.

 

   38.   Consolidated title

 

   39.   Servitudes

 

   40.   Cancellation

 

   41.   Endorsement of title deeds

 

   42.   Reference to documents already filed

 

 

 

PART IV
Powers and Certified Copies thereof

 

   43.   Agents

 

 

 

PART V
Copies of Deeds and Documents

 

   44.   Copies for information

 

   45.   Copies for judicial purposes

 

   46.   Deeds lost or destroyed

 

   47.   Certified copies

 

 

 

PART VI
Miscellaneous

 

   48.   Business at the Deeds Registry

 

   49.   Prospecting contracts

 

   50.   Cession of rights to minerals

 

   51.   Mynpacht provided

 

   52.   Transfer of certain rights

 

   53.   Endorsement on bonds

 

 

 

PART VII
Forms

 

   54.   Form of certificate of title

 

 

G.N. 21, 1960,
G.N. 34, 1962,
L.N. 5, 1965,
L.N. 84, 1966,
S.I. 76, 1980.

PART I
Preliminary (regs 1-2)

 

1.   Citation

   These Regulations may be cited as the Deeds Registry Regulations.

 

2.   Identity of persons

   (1) The identity of persons shall be established by means of their names and dates of birth, or in lieu of the date of birth by a method approved by the Registrar, which shall be entered in the personal and other registers in which transactions relating to any one person are recorded.

   (2) The date of birth shall be established by means of the birth or baptismal certificate or an affidavit produced to and filed by the Registrar.

   (3) Where proof of the date of birth of any person has already been filed in the registry it will be sufficient to refer to such proof provided the conveyancer concerned certifies to or produces proof of the identity of the party.

   (4) In recording the date of birth of any person in the appropriate register the Registrar shall cause a note to be made therein indicating the document with which such proof is filed.

   (5) The Registrar shall rectify any error made in connection with an entry or note of the date of birth of any person appearing in his Registry upon proof to his satisfaction that an error has been made.

   (6) The Registrar shall have authority in connection with any deed or document tendered for execution, registration or record to call for evidence to establish the identity or non-identity of any party thereto with any person whose name appears in any register kept in the Registry.

PART II
Preparation of Deeds and Documents (regs 3-27)

 

3.   Deeds, etc., to be written, etc., on paper approved by the Registrar

   Deeds, powers, and other documents lodged for execution, registration, or record must be written, printed, or typed on paper approved by the Registrar.

 

4.   Deeds, etc., to be neat

   (1) All deeds, powers, and other documents lodged for execution, registration, or record must be neatly and plainly written or typed, or printed with black ink of good quality and a margin of at least 37.5mm allowed for binding purposes.

   (2) Copying ink must not be used, and no carbon copy of any deed, power, or other document shall be accepted for the purpose of being filed in the deeds registry.

   (3) Alterations and interlineations will render a deed, power, or other document liable to rejection, but, if made, they must be initialled by the person or persons executing the deed, power, or other document, as the case may be, and also by the persons attesting the same.

   (4) If, however, the alterations or interlineations are attested by persons other than the original attestors, such persons shall attach their signatures.

   (5) If any signature to a document is written across a stamp, or with other than black ink of good quality, or encroaches on the margin, the Registrar may decline to allow it to be used for the purposes intended.

   (6) All alterations and interlineations must, in the case of a deed attested by a notary, be initialled also by such notary.

   (7) The upper half of the first page of deeds must not be used for writing, typing, printing, or any other purpose, but must be reserved for the purpose of deeds registry endorsements.

   (8) Any of the provisions of this regulation may be relaxed by the Registrar at his discretion.

 

5.   Spaces

   Any spaces in a deed which have not been used shall be ruled through, and where a deed comprises more than one page the necessary catch-word shall be written at the foot of each page.

 

6.   Registrar may decline to attest, etc.

   If, in the opinion of the Registrar, the writing, typing, or printing in any deed, power, or other document lodged for attestation, execution or registration, or for any other purpose, is, owing to the faintness thereof, not calculated to secure durability, he may decline to attest, execute, register, or accept it, as the case may be.

 

7.   Names, etc., of persons named in deeds

   (1) Deeds, powers, and other documents must contain the full names and dates of birth of the persons named therein, excepting such persons who are acting in or are appointed to act in a representative capacity.

   (2) The provisions of subregulation (1) may be relaxed by the Registrar in special circumstances in his discretion.

   (3) An addition of an "alias" to the description of any person by or to whom a deed lodged for execution or attestation in a deeds registry is to be passed shall not be permitted, and, if any such addition has been made in any other deed or power, or other document lodged for registration, the correct name only shall be recognized for the purpose of such registration.

   (4) Deeds, powers, and other documents if expressed in a foreign language may, at the discretion of the Registrar, be accepted for registration or record if a translation duly certified by a person approved by the Registrar is lodged therewith.

 

8.   Place and date of execution

   Every deed and document executed in or lodged for registration or record in the deeds registry shall disclose the place and date of execution thereof.

 

9.   Date and number granted, transfer, etc.

   Every deed conferring title to land must quote the date and number of the grant, transfer or other title by which the land is held, and also the date and number of the grant, transfer or other title to which the diagram of the land is annexed or relates, as well as the name of the person in whose favour such last-mentioned grant, transfer, or other title was made.

 

10.   Properties to be specified in separate paragraphs

   (1) Where a deed conferring title to land includes more than one property, each piece of land shall be described in a separate paragraph, which shall be numbered, and each paragraph shall conform to the provisions of regulation 9.

   (2) A separate registration clause must, if required by the Registrar, be inserted at the end of the deed in respect of each piece of land, which clause shall bear a number corresponding to the number of the paragraph in which the land is described.

   (3) When two or more pieces of land are shown as separate figures on a single diagram each piece shall be described in the relevant deed in a separate paragraph, and may thereafter be transferred independently only upon the production of a further diagram thereof.

   (4) It shall not be necessary, where separate diagrams of two or more pieces of land are annexed to one and the same deed of transfer and transfer is sought of any of such pieces, to procure from the Director of Surveys and Lands a copy of the diagram thereof for the purpose of annexure to the new transfer.

 

11.   District or township to be named

   (1) In describing land in a deed the name of the district in which it is situated shall be quoted and, in the case of land situate in a township, the district and the name of the township.

   (2) The registered number, if any, of the land shall be given, and in deeds conferring title to land the usual extending cause shall be inserted.

   (3) In describing land no reference shall be made in a deed conferring title to land or in a mortgage bond to any building or other property, movable or immovable, which may be on or attached to the land.

   (4) When the description of the situation of land in an existing deed is defective or insufficient, and it is desired in connection with a further transfer of such land to amend the same, the Registrar may, subject, if he thinks necessary, to the production of a certificate from the Director of Surveys and Lands, permit such amendment to be made.

   (5) It shall not be necessary to repeat the description (if any) of the boundaries mentioned in a diagram, provided that a suitable reference to such diagram is made in the relevant deed.

 

12.   Extent of land to be expressed in words and figures

   In the description of land conveyed or hypothecated in a deed or bond the extent thereof shall be expressed in words and figures.

 

13.   Meaning of "share"

   In the description of land the term "share" shall be employed when an undivided share in a piece of land is being dealt with, and such share shall be expressed in one fraction in its lowest terms, the method of arriving at the result being also given in complicated cases.

 

14.   Registrar may require conveyancer to furnish statement

   (1) If land to be transferred or hypothecated is held by several deeds the Registrar may require the conveyancer to furnish a statement containing particulars regarding the different fractional shares and describing in complicated cases the method by which the result was arrived at, and also, where there are two or more owners, to indicate in such statement the shares held by each.

   (2) If the land is one of several pieces described in a transfer deed or mortgage bond the conveyancer shall furnish a reference to the paragraph therein which relates to such land.

   (3) Where possible, in transferring a share in land from two or more titles under which shares are held, one or more titles shall be exhausted.

 

15.   Diagram

   No portion of any piece of land shall, except as provided by the Act, be transferred except upon a diagram thereof.

 

16.   Minors

   Where it is sought to transfer or cede immovable property to persons who have not attained the age of majority, such transfers or cessions shall, subject to the provisions of section 25 of the Act be made in the names of the minors, and not in those of their guardians, tutors, or curators, as the case may be.

 

17.   Partnerships

   (1) All deeds or documents executed by or on behalf or in favour of persons carrying on business as a firm or a partnership, or to which a firm may be a party, as also any power lodged or required in connection with such deeds or documents, must contain the full names of the partners constituting the firm.

   (2) When property is registered in the name of persons carrying on business as a firm or a partnership it may, so long as the firm consists of the same partners, be transferred, hypothecated, or otherwise dealt with, as the case may be, on a power bearing the signature of the firm and of the partner who affixed the firm's signature.

   (3) If any partner in a firm wishes to transfer his share in any property of the firm to the remaining partners or to the remaining partners and some other person or persons, or to some other person or persons alone, to the end that such remaining partners either alone or together with such other person or persons, as the case may be, shall form a new partnership to hold such property, such transfer shall not be passed unless the whole of the property, and not merely the share of the disposing partner, is transferred or ceded to the new partnership, and the deed, power, or other document necessary for the purpose shall be signed by each of the partners of the original firm or by his duly authorized agent.

   (4) In like manner if a new partner is admitted into a firm, and if such new firm wishes to transfer or cede property taken over from the old firm such transfer or cession shall not be passed unless the said new firm has itself received transfer or cession of that property from the old firm.

   (5) In the event of any property of a firm not being dealt with on dissolution in the manner described in subregulations (3) and (4), the deed, power or other document necessary for the transfer or cession to the partners thereof or such other persons to whom the same have been disposed of, shall be signed by each of the individual partners or by his duly authorized agent.

   (6) If, during the continuance of a partnership any member thereof desires to register any transaction other than an endorsement pursuant to section 43 of the Act, affecting his share in any property registered in the name of the partnership, he shall not be permitted to do so until transfer has been passed to such member of the share to which he is entitled.

   (7) When land has been sold by or to a firm or partnership the transfer duty receipt issued in respect of the sale shall disclose the names of the members thereof.

 

18.   Preparation of deeds

   (1) The following procedure shall be observed in the preparation of deeds conferring title to land in regard to the conditions to which such land is or may be subject-

 

   (a)   where the land is subject to special conditions limiting the rights of the owner such conditions shall be repeated in every deed conferring title to such land, and where necessary be referred to as mentioned in the deed whereby they were created;

 

   (b)   where the land is subject to conditions other than those specified in paragraph (a) they shall, if the Registrar so requires, be repeated in every subsequent deed conferring title to such land, otherwise they shall be specially referred to as mentioned in the preceding deed, and their character be described in general terms;

 

   (c)   in any subsequent deed relating to land in connection with which the provisions of paragraphs (a) and (b), or either of them, have been applied, such deed shall follow substantially the preceding deed in its reference to the conditions and omit in this connection any mention of the preceding deed until such time as the land is made subject to further conditions, in which case such further conditions shall also be mentioned or specially referred to in the manner prescribed in such paragraphs;

 

   (d)   in every deed conferring title to land the rights of the State shall be expressly reserved;

 

   (e)   the number and the date of every deed to which reference is made in connection with conditions shall be quoted;

 

   (f)   should the provisions of this regulations not be applicable, the decision of the Registrar in regard to the procedure to be followed shall be observed.

   (2) Where it appears from a deed that an owner of land has acquired any right of servitude over other land, such right should also be specially referred to or mentioned and described in every deed conferring title to the first-mentioned land.

   (3) If a deed lodged for execution or registration reserves or grants an interest described as a life interest, except when such interest is created by will, the nature thereof shall be disclosed in such deed and in the relative power, if any.

   (4) Conditions must, as far as practicable be embodied in the title-deed and appear immediately after the extending clause, and only in exceptional circumstances may they be contained in an annexure.

   (5) No condition shall be included in any deed or bond which purports to impose upon a Registrar any duty or obligation not sanctioned by law.

 

19.   Community of property

   Where a husband married in community of property desires to deal with land registered in the name of his wife, the wife should affix her signature and the date thereof to the power of attorney in the presence of a witness as evidence that the marriage still subsists, and, if she omits to do so, other satisfactory proof of such subsistence shall be produced.

 

20.   Rehabilitated insolvent

   Where in the circumstances contained in the proviso to section 56(6) of the Act it is necessary to pass transfer to the rehabilitated insolvent such transfer may be passed upon a power of attorney signed by the Master.

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