A
Abatement-
application to bring land under the Act not abated by death of applicant
Abbreviated forms of covenants Absentee-
caveat on behalf of, may be entered by Registrar-General mortgagee
Abstract-·
of title-
return of, on withdrawal of application to be deposited when required ..
registration. See Registraton abstract Accounts to be kept by Registrar-General •.
Act-
bringing land under; See Bringing land under the Act.
to be administered by Registrar-General and his department what land is subject to . . . . • . . • . . Action-
against person falsely certifying correctness of instrument chose in. See Chose.
for damages-
against person lodging caveat without reasonable cause against Registrar-General. See Registrar-General.
by infants and mentally sick persons defrauded, time for commencement of
by person defrauded of land-against person benefited when it lies
right to sue for, passes on transfer of mortgage special damages recoverable for irregularity in distress for ejectment or :recovery of land. See Ejected.
for penalty to be brought by Attorney-General on 1mplied covenant
Administration of Act to be carried out by Registrar-General and his department
Administrator-
deemed a trustee . . • . • . . .
included by certain words, though not mentioned • . . . title of, to mortgage, encumbrance, or lease, to be registered Advertisement of-
alteration of forms • . . . . . . . • . dispensing with production of certificate of title or grant issue of provisional certificate . . . . . . • • of application to bring land under Acts-
when title is complete when title is not complete Agent-
power of, to-
apply to bring land under the Act s1gn caveat ..
Alteration of forms, when permitted Appeal-
to Supreme Court from decision of registrar rejecting application to bring land under the Act
Application to bring land under the Act. See also Bringing land under the Act.
Application-
to bring land under Act-
5
advertisement of, when title is not complete plan may be required to accompany · to be advertised when title is complete who may make
s. 31 73 11 141
29 ss. 11, 23.
s. 141
4 15 139 103 126 126 66 136 143 74 4
89 88 3
9 95 117 19 20
93 100 9 27
20 17 19 16
Paae
9, 15 29 5 59
14 13 59
4 8 58 42 54 54 28 38 60 31
4
37 2 35 5 39 51 10 10
38 40 5
14
27 9 10 8
130 INDEX
Appointment of-
Master of Titles . . . . Deputy Masters of Titles new trustee ..
Registrar-General
Apprehension of person summoned by Registrar-General who does not obey
Assignment-
oflease, covenant by lessee against, short form Assigns-
included by certain words, though not mentioned Assurance-
fund- claims-
not liable . . . • payment of, how obtained to which it is liable . . . . . . deficiency of, made up out of State revenues
how constituted indemnity of
fee payable . . . . . . further, covenant for, implied Attestation-
one witness sufficient ..
what instruments require Attested copies-
declaration of trust to be deposited with registrar power of attorney to be deposited with registrar Attorney, power of. See Power of Attorney.
Attorney-General-
Authority to register . . . . . . . • • . notice of action against Registrar-General to be served on offences may be prosecuted in name of . . . . . . process in action against Registrar-General to be served on
Barrister-at-law-
Master of Titles must be solicitor or Deputy Masters must be solicitor Beneficial owner-
bringing land under the Act by ejectment by . . . . of freehold in possession Bill of-
encumbrance. See Encumbrance.
mortgage. See Mortgage.
Book. See Register book.
B
Branch office of Registrar of Titles. See Local registry.
Breach of covenant. See Covenant.
Bringing land under the Act- application for-
decease of applicant or person entitled before issue of certificate
on rejection of, remedy for applicant ..
procedure in opposition to. See Caveat.
procedure when not opposed requisites of . . . . what persons may apply withdrawal of ..
assurance fee payable . . . . . . . . person injured by, has claim against assurance fund reversion upon lease is not affected by ..
what land can and cannot be brought under the Act British possession, proof of execution of instruments in Building. See Dwelling-house.
society. See Society.
s. 12 13A 80 s
130
73 3
ss. 42, 137 s. 127 . . . • ss. 127, 128, 137
42, 127 s. 42
127 ..
41, Sch. R 67
Page 7 7 33 4 56
29 2
19,58 55, 56, 58 55 19,55 19 55 18 28
115 49
ss. 5, 48, 52," 54, 11, 4,21,23, 32,
104 42
s. 78 104
ss.
139 128 143 128
13 13A 16 84 16
31 27,28 16-18 16,17, 139 16,36 s. 29
41 42 47 16 115
32 42
58 56 60 56
7 7 8 34 8
IS 14 8, 9 8, 9, 58 8, 17 14 18 19 21 8 49
Cancellation of instruments- Registrar-General when to effect-
bills of mortgage or encumbrance certificate of title or grant disposal of cancelled instruments ..
lease . . . . . . . . on bringing land under the Act on caveat. See Caveat.
registration abstract Supreme Court may order Case, special, power to state
Caveat-
INDEX
c
against application to bring land under Acts ..
against bringing land under the Act- effect of
lapse of ..
requisites of . . . . . . time for entering and form of
who may enter . . . . . . . . against dealing with land subjected to the Act- effect of . . . . . . . . . . procedure-
by caveatee . . . .
by Registrar-General . . . . . . entries which may be made although
forbidding registration of dealing with estate or interest form of
lodgment of
removal of . . . . . . second caveat when permitted services of notices in respect of ..
service of proceedings relating to caveat vexatious caveat . . . . . . requisites of . . . . . .
when registrar may cancel ..
who may enter
Certificate-
of correctness of application or instrument when required ..
of surveyor must be produced when map or plan is required verified by statutory declaration . . . . . . . . Certificate of title-
cancellation of. See Cancellation.
effect of . . . . error in, how corrected . . . . for consolidation of allotments ..
in whose name issued . . . . issued on bringing land under the Act joint tenants, one certificate for all leases registration of on-
number of dealings may in lieu be registered on lease ..
loss or destruction. See ProvisiOnal certificate.
loss or destruction of
meaning of term . . . . . . . . . . . . . . new certificate on neglect to give up instrument fraudulently
obtained
omission in, how corrected . . . . . . . . . . owner of, entitJed to certificate, on estate vesting in possession production of instruments prior to, when demandable production of, may be dispensed with by registrar . . . . production of, required on registration of dealings with land registration of, mode of . . . . . . . . . . . . remedy of person injured by
requisites of . . . . subdivision of allotments
surrender of, when required . . . . . . tenants in common may take separate certificate transfer of freehold, fee-simple . . . . trustee of fee simple entitled to certificate when deemed effected
Certified copies-
of registered instrument affecting land under Act registrar must furnish on application ..
to be received as prima facie evidence to include photostatic copy
s. 63 • • . • ss. 38, 49, 94, I OS
s. so
72 30 107 124 14
20 ss. 24 to 26
s. 25 100 ..
23, Sch. B ss. 11, 23
s. 101 99 ..
ss. 24, 99, 101 s. 101 Sch. Form K
s. 98 99 40 100 100
103 ..
ss. 99, 100 s. 102 ..
ss. 11, 89, 98
s. 139 119 119
ss. 33,44 s. 11
94 ss. 3t, 38.
18,22 s. 40
34 114 3 132 II 33 46 95 11 32 42 ss. 33, si ·
s. 94 ss. 49, tci7, 132
s. 40 49 79 34
122 122 122 122
131
Page
17, 22, 39,42 26 22 29 IS 43 54 8
10 13, 14 13 40 13,61
s, 13 41 40 13, 40,41 41 71 40 40 18 40 40 42 40
s, 37,40 41
58 51 Sl
16, 19
s
IS, 39 17 9, 12 18 16 49 2 51 16 s
'20 39 s
IS 19 16,34 39 22, 44, 57 18 22 32 16 53 53 53 53
132
Cesser, discharge of encumbrance on Cestui que trust. See Beneficial owner.
Charge. See also Encumbrance.
on land-
judgment under Fencing Act is Chose in action-
may be transferred ..
trusts of, enforceable in equity Closure of Roads. See Roads.
Commencement of Act Committee-
INDEX
may exercise and discharge proprietary rights and duties of lunatic
of lunatic may apply to bring land under the Act . . . . rights of, how affected by issue of certificate oftitle in lunatic's
name
Common, tenants in. See Tenants in common.
Consent-
may be by endorsement . . . . . . . . of judgment creditor to bring land under the Act of mortgagee or encumbrancee to lease Consolidation of allotments, single certificate of title Consular officer-
meaning of term . . . . . . . . proof of execution of instruments before Contract-
vendor has no lien for unpaid purchase money ..
vendor's title proved by production of certificate of title Coparceners, partition between, effected by transfers, etc.
Copies-
attested. See Attested copies.
certified. See Certified copies.
Corporation-
execution of instruments by . . . . . .
included in words importing masculine gender . . . . mayor or head of, may take proof of instruments executed
in United Kingdom Corrected titles. See Surrender.
Correction of errors. See Errors.
Costs-
generally . . . .
recoverable by distres! . . . .
Registrar-General, when entitled to . . . .
Supreme Court may award, on application for order for transmission
Covenant-
abbreviated forms of . . . . breach of, declaration in action for express, for right of purchase on lease implied by statute-
in all valuable instruments may be negatived or modified ..
to have same force as if expressed proof of, in registered instruments Creditor-
liability of, in respect of unregistered judgment on execution rights of, preserved
Crown-
caveat on behalf of, may be entered by Registrar-General grant. See Grant.
Cultivate, covenant by lessee short form
s. 63
15 66 66
144
111 16 30
110 16 52 94 3 115 97 96 92
114 115 3
134 135 ss. 28, 128
s. 89
73 74 53 67 76 75 45 91 109
11 73
Page 26
8 28 28
60
46 8 15
45 23 8 39 2 49 40 40 38
49 49 2
58 58 14, 56 37
30 31 21 28 32 32 20 37 45 5 29
INDEX
Curator of Intestate Estates may apply to Supreme Court or a judge for order as to transmission of encumbrance, lease, or mortgage, or of freehold on decease of proprietor
D
Damages, action for. See Damages.
Date-
of registration to be endorsed on registered instrument Death of-
annuitant, discharge of encumbrance on, how effected donor of power of attorney, effect of
encumbrancee, transmission on lessee, transmission on ..
mortgagee, transmission on . . . . . . . . person claiming under unregistered instruments, effect of ..
person entitled to certificate of title on bringing land under the Act, elrect of
tenant for life does not affect estate lawfully created by him ..
Debts-
may be transferred Declaration-
agent may make, when authorised to bring land under the Act application to bring land under the Act to be verified by as to loss or destruction of certificate or grant as to truth of abstract of title ..
false, knowingly made, perjury ..
in action for breach of implied covenant may be administered by Registrar-General of surveyor as to map
of trust. See Trust.
who may _make, in case of incapacitated person Deeds. See also Instrument.
cancellation of. See Cancellation.
instruments in schedule forms operate as of grant. See Grant.
production of what deeds required on transfer of mortgage ..
Deputy-
Registrar of Titles. See Registrar, Deputy Registrar-General- appointment of, rests with Governor ..
powers of, same as those of Registrar-General signature of, how proved
to take oath of office Definitions-
abstract, registration bill-
of encumbrance of mortgage ..
certificate of title ..
consular officer ..
encumbrance, biJl of encumbrance encumbrancee encumbrancer
estate in Jand . . . . . . persons having . . . . gender, masculine, words importing grant
instrument instrument, separate interest, person having land-
estate in lessee
lessor . . . . . . masculine gender, words importing memorandum of transfer mentally sick person mortgage, bill of ..
mortgage ..
mortgagee mortgagor no survivorship
s. 89
45 107 63 (Ii)"
88 88 88 49 31 39 65
93 17 ss. 95, 117
s. 17 142 74 11 119 Ill
35 46
5 4 7 6
3 3 3 3 3 3 3 3 3 3 3 3 3 ss. 3, IS.;.
s. 15A 3 3 3 3 3 3 3 3 3 3 3 80
133
Page 37
20 26 44 35 35 35 22 15 18 27 38 9 39,51 9 31 60 5 51 46
16 20
4 4 5 4
2 2 2 2 2 2 2 2 2 2 2 2 2 2,8 8 2 2 2 2 2 2 2 2 2 2 2 33
134
Definitions--continued person-
having estate in land having interest . . . . plural number, words importing proprietor . . . .
registration abstract . . . . singular nwnber, words importing surrendered . . . . transfer, memorandum of transfer
Delegation of powers by Registrar of Titles Description-
of land in instruments . . . • . . per~ons, what, includes representatives Destruction-
INDEX
of grant or certificate of title, provisional certificate may be issued on
of certain registered instruments or parts of Register Book ..
Devisee,transmission of freehold to Disability. See Infant.
Discharge of- encumbrance execution judgment mortgage ..
Distress-
by mortgagee or encumbrancee . . . . . . . . for costs awarded by Registrar-General or Supreme Court ..
irregularity in, effect of . . . . . . . . . . . . not affected by mere informality
warrant for, how issued ..
District, registry. See Local registry.
Division. See Local Authority.
of allotments. See Subdivision.
Duplicate-
disposal of duplicates . . • . . . what instruments are required to be in
E
Easements-
for enjoyment by the Crown, etc. . . . • when memorial of, entered in register book ..
Ejectment, action of-
after judgment, Supreme Court may order entry in register book
evidence,registration as proprietor is equivalent to possession truStee's name may be used by cestui que trust
when maintainable against registered proprietor Encumbrance-
bill of-
discharge, method of meaning of ..
requisites of . . . .
discharge of, how effected . . . . . . encumbrancer's liability on implied covenants how created
how proved
meaning of . . . .
operates only as a security . . . . . . operation of, when only part of land released priority of several encumbrances, how determined reference to, in transfer of land ..
sale by encumbrancee. See Encumbrancee.
transfer of . . . . . . transmission of, on insolvency ..
s. 3 3 3 3 3 3 54 3 3 ss. 11 (6), 45
48,52,77 s. 3
117 46A 89
63 91 91 63 60 135 136 136 135
33 ..
ss. 35, 78, 104
s. 51 (2) 51 (1) 124 125 84 123
63 3 ..
ss. 35, 56, 139 63,107 s. 68 ..
ss. 35, 105 s. 45
3 60 63 ..
ss. 56, 107 s. 48
65 86
Page 2 2 2 2 2 2 23 2 2 7, 20 21, 23, 32 2 51 20 37
26 37 37 26 25 58 58 58 58
57 16, 32, 42
23 22 54 54 34 54
26 2 16, 24, 58 26,43 16,42 28 20 2 25 26 24,43 21 27 35
Encumbrancee- consent of, to lease covenants implied in ..
INDEX
death of, transmission on • • • • • • • . . . liability of, as to leasehold land, on entering into possession
powers of-
to bring action of ejectment . . . . • • to enter into possession of encumbered property to foreclose nght of redemption . . . . . . . . unregistered judgment or execution against encumbrancer •.
Encumbrancer-
liability of, on covenant ..
meaning of term Endorsement-
consent by • . . • • • . . discharge of mortgage or encumbrance by surrender oflease by . . . . . . . . transfer of encumbrance, lease or mortgage by Equitable-
lien, vendor has no, for unpaid purchase money transferee offreehold, how affected by notice Equity, courts of-
jurisdiction of, not affected by the Act may enforce trusts of chose in action ..
Errors in-
certificates of title and register book, how corrected ••
instrument having certificate of correctness endorsed, Registrar-General is not liable for
Estate-
describing a person as having, includes representatives fee-simple. See Fee-simple.
legal, is not transferred by mortgage or encumbrance tail, person claiming in defeasance of, may not caveat time of passing . . . . . .
what, in any land may be created Estoppel, grant or certificate of title operates as Evidence-
certificate of title is evidence of what .•
certified copy is prima facie evidence ..
cesser of encumbrance-
non-acceptance of, by Trustee onlessee'sinsolvency proof of . . . . . . . .
execution ofinstruments. See Execution.
of execution of instruments . . . . . . . . offence of refusing or neglecting to give. See Offences.
power of attorney how proved ..
re-entry by lessor ..
registration, how proved reversion upon lease-
ownership of, how proved ..
surrender of, how proved . . . . . . signature of registrar or his deputy, how proved
surrender oflease . . . . . . . . . . . . vendor's title, in suit for specific performance, how proved ..
Examination-
registrar may summon and examine- persons applying for registration persons guilty of fraud Execution-
of instruments. See also Attestation; Corporation; Married woman.
by whom to be made
how made .. .. .. ..
proof of, before whom exhibited . • . . . . . . Registrar-General's person or property, when liable on writ of-
discharge of, how effected ..
land, when affected by Executor-
deemed a trustee . . . . . o • • o • included by certain words, though not mentioned title of, to be registered ..
s. 52 67 88 62 60 60 60 91
67 3 110 63 54 65
109 97
66 66
139 11
3 60 26 43 3 123 ss. 33,45
s.122 63 63 116 104 72 45 47 54 54 7 96
132 11
116 116 115 137 91 91
89 3 88
135
Page 23 28 35 26 25 25 25 37
28 2
45 26 23 27 40 45
28 28
58 5
2 25 14 19 2 54 15,20 53 26 26
so
42 29 20 21 23 5 23 40
5 57
so so
49 58 37 37
37 35 2
136 INDEX F
Fact-
court may direct an issue of, to be tried
Father of infant may apply to bring land under the Act ..
Fee-simple-
certificate of title to be issued to owner of freehold less than fee on his becoming seised of fee
Crown lands alienated in, become subject to the Act lease may contain stipulation for purchase of owner of, may apply to bring land under the Act transfer of. See Transfer.
trustees seised in, may apply, etc.
Fees. See also Assurance fund.
chargeable by registrar ..
disposal of
Feminine gender included in words importing masculine Fence, covenant by lease to, short form
Fines, disposal of Foreclosure-
by mortgagee or encumbrancee
Foreign country, proof of execution of instruments in Forms-
in schedule, term includes other forms authorised by Registrar- General
of application to bring land under Act of bill of encumbrance ..
of bill of mortgage . . . . . . of caveat forbidding dealing with estate ..
of caveat forbidding lands being brought under Act ..
of certificate of person before whom parties have executed instrument
of certificate of person taking declaration of attesting witness of certificate of title ..
of consent by endorsement of covenants
of lease . . . . . . of memorandum of transfer of no survivorship ..
of nomination of trustees of oath of office . ·.
of power of attorney ..
of questions on proof of instruments of registration abstract ..
of revocation order . . . . . . . . . . . . of transfer of mortgage, lease, or encumbrance to be endorsed
on original mortgage, etc.
prohibition of use, etc., of unauthorised variation of, when permitted what may be used Fraud, See also Offences.
in obtaining issue or making by registrar of instrument, entry theron, remedy for
is ground of action for ejectment ..
remedy of person deprived of land through Further assurance, implied covenant for
G
Gazette, Government, notices in. See Advertisement.
Gender, masculine, includes corporation, feminine Government securities, assurance fees to be invested in Governor to issue warrant for payment out of assurance fund Governor in Council, powers of, to--
appoint Deputy Masters of Titles appoint master of titles
appoint Registrar-General . . . . . . . . appoint scale of fees to be charged by Registrar-General make regulations as to accounts
sanction alteration of forms
Page
s. 27 14
16 8
38 17
15 8
52 23
16 8
16 8
140,0. inC. 59
141 59
2
73 29
141 59
60 25
115 49
3 2
Sch.A 61
Sch. G. 69
Sch. F. 68
Sch. K 71
Sch. B 61
Sch. Q 73
Sch. P 73
Sch. C 62
s. 110 45
73 29
Sch. E 68
Sch. D 68
s. 81 34
Sch. I. 70
s. 6 4
Sch. L 71
s. 116 50
Sch. M 72
Sch. N 72
Sch. H 70
s. 10 5
9 5
ss. 3, 9 2,5
130, 139 56, 58
s. 123 54
126 54
67 28
3 2
42 19
128 56
13A 7
12 7
5 4
140 59
141 59
9 5
INDEX
Grant. See also Surrender.
Crown, effect of ..
evidence of, what is . . • • • • . . . • loss or destruction of, issue of provisional certificate on meaning of term . . • • • . • . . • . • registration of, mode of ..
surrender of, when required when deemed to be effected
Heir- H
included by certain words, though not mentioned transmission of freehold to
I
Implied covenant. See Covenant.
Incapacitated persons, appointment of persons to act for Incorporeal right. See Easement.
Incumbrance. See Encumbrance.
Indefeasible title-
registered proprietor has • • . . . . . . remedy of person injured by acquisition by another of. See
Action.
Indemnity-
assurance fund entitled to, when . • • . . . implied covenant for, in transfer of encumbered land Registrar-General entitled to, out of assurance fund ..
trustee is entitled to, on ejectment brought or defended in his name by beneficial owner
Infant-
application to bring land of, under the Act, who may make .•
caveat on behalf of, may be entered by Registrar-General ..
certificate of title of, to state age . . . . . . . . guardian, how affected by certificate of title issued in name of guardian may apply to bring land under Act . . . . proprietary rights and duties of, how exercised and discharged Informality-
distress not affected by . . . . in proceedings does not affect title
Inn, covenant by lessee to use leased premises as an, short form ..
Insolvency-
power of attorney, how affected by donor's ..
surrender of lease on lessee's insolvency . . . . transmission of insolvent's estate on adjudication of trust estates not affected by Trustee's ..
Instrument. See also Cancellation; Deeds; Encumbrance; Lease;
Mortgage; Transfer; Trust.
attestation of . . . . . . . . . . certificate of correctness to be endorsed on every certified copy of registered . . . . . . duplicate when required
evidence of contents, what is meaning of term ..
order of registration . . . . , . production of, on transfer or mortgage schedule, form of, operates as a deed time of taking effect
unregistered, effect of . . . . withdrawal from registration of Insurance--
covenant for, by lessee or mortgagee, short form policy of, application of moneys arising from Interest-
describing a person as having, includes representatives
ss. 44, 123 33, 4S s. 117
3 32 ..
ss. II, 49, 107 34,45
s. 3 89
Ill
ss. 44, 123
s. 127 68 137 84
16 II 33 30 15 Ill
136 33 73 107 ss
86 86
115 139 122
ss. 3,
3s:
78, 1 o6s. 45 ss. 3, t.S;. (2)
s. 43 46 3S 43 43 113 73 73 3
137
Page 19,54
IS, 20 51 IS 2 S, 22,44 IS, 20
2 37
46
19, 54
28 ss
58 34
8 s
15 15 8 46 58 15 29 43 24 35 3S
49 58 53 2, 16, 32, 43 2, 8 20 19 20 16 19 19 48 30 30 2
138 INDEX
Intestates estate-
curator of, may apply for order as to transmission Irregularity in-
distress . . . . . . . . proceedings does not affect title Issue of fact, court may direct trial of
J
Joint-
covenant,. implied covenant, where there are several parties ..
proprietors-
partition between, how effected ..
persons registered as, are joint tenants Judge of Supreme Court. See Supreme Court.
Judgment-
creditor, consent of, to bring land under the Act discharge of ..
effect of, against land . . . . . . in register book, abolition of entry of ..
Justices-
may take proof of execution of instruments
L
Land-
bringing under the Act. See Bringing land under the Act.
dealing with. See Encumbrance; Lease; Mortgage ; Partition; Transfer; Transmission.
describing person as seised or having estate or interest in, includes representatives
execution against. See Execution.
grant. See Grant.
judgment against. See Judgment.
meaning of term . . . . title to. See Document of title.
what, subject to the Act Lands being brought under Act-
application for, time for advertising Lands under Act-
acquiring and dealing with by person of eighteen years subdivision of, title in respect of each ..
Lapse of caveat, when it occurs Lease. See also Rent.
dealings with may be registered on in lieu of title . . . . death of lessee being tenant for life does not affect leases
lawfully made how proved insurance-
apolication of moneys arising from
short form of covenant for . . . . . . . . liability of mortgagee or encumbrancee of leasehold entering
into possession
purcnasc of feewsimple, agreement for ..
registered leases, how effected ..
requisites of . . . . . . . . . . . . reversion how affected by bringing land under the Act surrender of .'. . .
on lessee's insolvency only with consent of mortgagee transfer of . . . . transmission of, on insolvency unregistered, effect of ..
what leases must be registered
Legal estate not transferred by mortgage or encumbrance Lessee-
death of, transmission on . . . . distress upon, by mortgage or encumbrance meaning of tenn ..
s. 89
ss.
136 33 27
74 92 40
16 91 91 91, 35'
s. 115
3
IS
19 lilA 119 (4)
25 34 39 45 73 73 62 53 ss. 35, si,' IOS
s. 35 47 54 55 54 65 86 43 52 60 88 60 3
Page 37 58 IS 14
31 38 18
8 37 37 37, 16 49
2
2 8 10 46 52 13 16 18 20 29 29 26 23 16, 26,42
16 21 23 24 23 27 35 19 23 25 35 25 2