A
Accounts-
to be kept by Registrar ..
Act-
administration of commencement of
how land may be brought under provisions of land to be subject to, after commencement of not to affect s. 35 of Property Law Act repeal of previous
short title of Administration of Act
Advertisement-
reapplication for registration of remainderman reapplication to have land brought under Act re dispensing with production of instruments Agent. See also Power of Attorney.
power of, to sign caveat
when may make application to bring land under Act Appeal-
against refusal of Registrar to bring land under Act Application-
for registration as remainderman advertisement re fees payable re . investigation re
new certificate of title may be issued re to bring land under Act-
appeal against refusal of Registrar re applicant to bear expenses re
applicant to deposit instruments of title, etc., re certain caveats not to affect
certificate of title may be issued if applicant re, original grantee
how notice, re, may be given interested persons re, may lodge caveat lapsing of caveats re
lodging of plan re manner of.
may be granted in name of deceased applicant notice re, to be published
Registrar to notify applicant of refusal re stay of proceedings re, on lodgement of caveat to be advertised
withdrawal of Appointment-
of Deputy Master of Titles of Deputy Registrar of Master of Titles of new trustee of Registrar
s. 141 4 144 16 15 40 (3)
I 2 4
36 (3) ss. 19, 20 (1), 21
s. 95 (4) 100
93
27
36 (I) 36 (3) 36 (5) 36 (2) 36 (4) 27 (2)-(4) 28 17 26 18 21 23 25 120 16 31 22 27 (I) 24 20 (I) 29
13A (J), (2) 5 12 80 5
Page
57
4 58 10 10 22 2 2 4
20 12-14 38
38 36
16
20 20 21 20 20 16 17 II 16 II 14 15 16 50 10 17 15 16 15 12 17
9 5 9 33 5
60 INDEX
Assurance fee- to be paid to Registrar to be paid to Treasurer
to be prescribed by Order in Council Assurance fund-
damages awarded against Registrar as nominal defendant to be paid from
not to be liable re breach of trust to be invested in Government securities
to be used to indemnify person for deprivation of land what to constitute
Attestation-
lease, etc., to require
memorandum of transfer to require power of attorney to require requirements of. re instruments surrender of lease to require Attorney-General-
penalties may be recovered in name of
processes and notices to be served on, in actions against Registrar
B
Bankruptcy-
disclaimer of lease by trustee in. to be recorded in register request to be lodged with Registrar prior to recording of trans~
mission on
Barrister~at~Law-
Master of Titles to be solicitor or Bill of mortgage. Sec also Mortgage.
discharge of execution of meaning of term not to act as transfer power to sue re transfer of priority re
time of registration of what to contain
Building Units and Group Titles Act-
land to include lot within meaning of. for the purposes of s. 40
c
Caveat-
against application to bring land under Act- certificate of title may be issued if not lodged interested parties may lodge
lapsing of. when no proceedings taken not to affect application in certain cases procedure to be stayed when lodged cancellation of. by Registrar
compensation to be payable re lodging of without reasonable cause
notice to parties re lodgement of person lodging. may have to show cause power of Registrar to enter
registration of instruments forbidden. while in force exceptions re
Supreme Court may direct lodgement of re protection of estate of deceased proprietor.
what to contain who may lodge
s. 41 42 41
ss. 127, 128 s. 135
42 42 42 52 48 (a) 104 115 54 143 128
55 86 13 63 56 (I)
3 60 66 56 (4) 56 (3) 56 (2) 40 (5)
20 23 25 26 24 102 103 99 99 II (5) 101 101 (a)-(c)
89 100 98
Page 22 22 22
53 55 22 22 22 26 25 40 45 27 57 53
27 34
29 27 2 28 30 28 28 27 22
12 15 16 16 15 39 40 38 38 8 39 39 34 38 38
Cenificate-
of surveyor re plan for subdivision of land re proof of execution of instrument Cenificate of title-
age of minor to be recorded on issue of new, re separate parcels of land issue of, re subdivision of land
INDEX
issue of separate, re tenants in common in time-sharing scheme issue of, when land brought under Act
may be issued at discretion of Registrar meaning of term
new, may be issued re. registration of remainderman not to be impeached on grounds of want of notice power of Registrar to correct errors in
production of, with instrument to secure priority of registration references in register to correspond with
Registrar may summon person for fraudulently obtaining new, may be issued re
Registrar to issue, re estates in land
surrendered deeds, etc., dated prior to. not to be produced tenants in common not to receive separate
to be delivered to person entitled thereto.
to be delivered up with instrument when cancelled to be evidence that registered proprietor has good title to land to be issued to remainderman when estate vests in possession,
etc.
to be received as evidence of title
unsatisfied mortgages. etc .. to be recorded on. when issued . what to contain
when agent may receive, in name of principal when fresh to be issued, re cancellation when grant of, to bar action for ejectment when purchaser entitled to, re sale by mortgagee when trustees may receive
Cenified copy-
meaning of term for the purposes of s. 122 Registrar may issue. re registered instruments.
Chose in action- may be transferred . trusts of, enforceable in equity Commencement of Act . Compensation-
to be payable re lodging of caveat without just cause Consular officer-
meaning of term Contract-
vendor to have no lien for unpaid purchase money re Co-owners-
issue of certificates of title to. re time-sharing scheme may execute memorandum of transfer. etc., re partition not to receive separate certificates of title.
when may be entitled as joint tenants Corporation-
seal of, to substitute for signature Covenants-
implied under Act-
endorsed instrument to be evidence of may be modified or negatived in instrument may be set forth in declaration in action for breach re all instruments
re right to purchase
re transfer of interest subject to mortgage lessee to be liable for breach of. after re-entry by lessor
61
Page
s. 119 47
116 46
33 (2) 19
94 (I) 36
119 . 47
4o (4) 22
18 II
94 (lA) 37
3 2
36 (4) 20
33 (5) 19
II (4) 8
43 23
32 (3) 18
130 54
132 55
lOA 7
46 24
40 (2) 22
33 (3) 19
49 25
96 38
38 21
33 (4) 19
33 (I) 19
94 (2) 37
93 36
50 25
123 51
58 28
79 32
122 51
122 51
66 30
66 30
144 58
103 40
97 38
40 (4) 22
92 36
40 (2) 22
40 (I), (3) 22
114 45
45 (2) 24
76 31
74 31
67 30
53 26
68 30
72 31
62 INDEX
Crown-
caveat may be entered on behalf of easements created by, may be registered
Damages-
D
may be awarded in action by defrauded person
may be paid re lodging of caveat without reasonable cause.
when payable in action against Registrar as nominal defendant.
Delegation of powers by Registrar Department of Registrar-General-
authorization of. to execute provisions of Act Deputy Master of Titles-
appointment of eligibility for appointment powers of
Deputy Registrar-General- appointment of
to have powers of Registrar-General to take oath
Documents-
power of Registrar to inspect
to be deemed to be signed by Registrar until otherwise proved . Duplicate-
delivery of, after registration when instruments to be lodged in when required re bill of mortgage
Easement-
E
not to be created through registration of plan re subdivision registration of instrument re.
registration of, in right of Crown or Local Authority Ejectment-
action for. by mortgagee
action may be brought by person claiming beneficial interest in name of trustee
action re, may not be brought against certain persons registration as proprietor to be equivalent to possession re when action for. may be brought
when Supreme Court may order cancelling of recording in register re.
Equitable lien-
vendor not to have. re unpaid purchase-money Equity-
court of. to retain powers for giving effect to trusts Errors-
power of Registrar to correct Evidence-
certificate of title to be received in. r(' title certified copies of registered instruments to be documents. etc., signed by Registrar to be received in . endorsed instrument to be received as
of surrender of lease
power of Registrar to summon witnesses re re execution of instruments
Registrar may require. re dispensing with production of instruments
s. II (5) 51 (2)
ss.
s.
126 103 127
II (6), 45
4
13A (I) 13A (2) 13A (3), (4)
5 4 6
II (I) 7 35 (2) 10 (3) 63 (I)
119A 51 (I) 51 (2)
60 84 126 125 123 124
97 66
II (4)
ss. 33 (4), 96 s. 122
7 45 (2) 54 II (2) 115
95
Page 8 26
52 40 53 8, 23
4
9 9 9, 10 5 4 5
20 6 29
49 26 26
28 34 51 52 51 52
38 30
19. 38 51 5 24 27 7 45 37
Execution of instruments. See also Instruments.
how proved
Fee-simple. See Land.
Fees-
F
Governor in Council may make regulations re re registration of remainderman .
Registrar to charge and receive Foreclosure-
on mortgage by mortgagee Forms. See also Instrument.
Registrar may license person to print and sell Fraud-
INDEX
provisions re obtaining certificate of title, etc., by . Future interests-
application for registration of remainderman re advertisement re
fees re.
investigation re
new certificate of title may be issued re
certificate of title to be issued when estate reverts to estate in possession re
limitation on dealings by remainderman re
reversioner or remainderman not to deal with land until brought under Act
rights of reversioner re, to be preserved re bringing of land under Act
G
Government securities-
assurance fund to be invested in.
Governor-
to issue warrant for payment from assurance fund Governor in Council-
may appoint Deputy Master of Titles may appoint Master of Titles may appoint Registrar may make regulations re fees may make regulations re forms Grant-
meaning of term time of registration of
Indefeasibility of title of registered proprietor . Instrument-
I
certificate of title to be delivered up with, re cancellation consent may be given by endorsement on
convenants to be implied in re transfer of interest subject to mortage
destruction of, in certain cases endorsement of, on registratior:a
ss. 115, 116
s. 140 (I) 36 (5) 140 (2)
60 9
ss. 130-134 s. 36 (I)
36 (3) 36 (5) 36 (2) 36 (4) 38 37 39 47
42 128
J3A (I) 12
5 140
10 (I) 3 34
ss. 44, 123 s. 49
110 68 46A 45
Page
45, 46
57 21 57 28
54, 55 20 20 21 20 20 21 21 21 25
22 53 9 9 5 57 5 3 19
23, 51 25 41 30 24 23
63
64 INDEX
Instrument-continued execution and attestation of.
general covenants to be implied in
Governor in Council may make regulations prescribing form of implied covenants in, may be modified or negatived
implied covenants in, to be several re execution of, by more than one party
meaning of term
memorandum re covenants and conditions in, may be recorded not to be effectual until registered
not to be produced. if surrendered and dated prior to certificate of title
of title-
Registrar to cancel. except when relating to other property . return of, on withdrawal of application to bring land under
Act of transfer-
time of registration of
penalty re falsely certifying correctness of.
powers of Registrar when fraudulently obtained production of. may be dispensed with provisions in memorandum re. to be set out in registered proprietor may transfer land to trustees by Registrar may make requisition if incomplete or defective Registrar may refuse to register
Registrar may substitute when lost or destroyed endorsement re
notice re
registration of. forbidden while caveat in force to be in prescribed form when issued or lodged to be lodged in duplicate when prescribed to become part of register when registered when considered to be in prescribed form withdrawal of. from registration . Investment of assurance fund
J
Judgment-
abolition of entry in register.
L
Land-
bringing of. under Act-
appeal against refusal of Registrar to grant application re applicant to bear expenses of appeal against refusal re . applicant to deposit instruments of title re
application re to be advertised certain caveats not to affect application re
certificate of title may be issued if applicant original grantee how notice of application to be given re
interested persons m3y lodge caveat against
issue of certificate of title re. in name of deceased person lapsing of caveats against
lodging of plan re manner of.
notice of application re. to be published Registrar to cancel instruments following Registrar to notify applicant of refusal re rights of reversioner to be preserved re stay of procedure re. on lodging or caveat · time of registration re
when agent may make re withdrawal of application re.
consent may be given for dealing with. by endorsement on instrument.
estate affecting. to be recorded on certificate of title
ss. 115, 116 s. 67
10 (I), (5) 76 74 3 76A (2) 43 46 30 29 34 (2) 139 ss. 130-134
s. 95 76A (4) 77 112 (I) ss. 10 (3), (6), 139
s. 117 (I) 117 (3) 117 (4) 101
10 (2) 10 (3) 35 (I) 10 (4) 113
42
91
27 (2)-(4).
28 17 ss. 19, 20 (I)
s. 26 18 21 23 31 25 120 16 22 30 27 (I) 47 24 34 (I) 93 29 110
33 (I)
Page 45, 46 30 5, 6 31 31 2 31 23 24 17 17 19 56 54, 55 37 32 32 42 6, 56 47 47 47 39 6 6 20 6 44 22
35
16 17 II 12 16 II 14 15 17 16 50 10 15 17 16 25 15 19 36 17 41 19
INDEX
Land-continued
instrument not to pass interest in. until registered.
lease of-
disclaimer of. by trustee in bankruptcy to be recorded mode of registration of .
not to be valid without consent of mortgagee . particulars re re-entry by lessor to be recorded re . power to sue re transfer of
right to purchase may be contained in surrender of
to be recorded on certificate of title when issued transfer of .
when lessor bound to execute memorandum of transfer re . meaning of term
mortgage of-
action for ejectment re
bill of mortgage not to act as transfer re discharge of
execution of bill of mortgage re foreclosure re
giving effect to sale re
mortgagee may enter into possession re default in.
power of sale re by mortgagee power to sue re transfer of
registration and priority of bill of mortgage re transfer of .
transferee of land subject to, to indemnify transferor what bill of mortgage to contain re
new certificate of title to be issued re separate parcels of person claiming interest in, may lodge caveat.
power of Registrar to simplify descriptions of parcels of registered proprietor of. to be entitled to decree of specific
performance
Registrar to issue certificate of title re estates in Registrar to keep register re parcels of
Registrar to make recordings in register re estates in reversioner, etc., not to transfer, until brought under Act subdivision of-
application for certificate of title re easement not created by regisiration of plan re endorsement of plan re use of roads by public re ..
issue of certificate of title re alienation of road, etc., by Crown re.
proprietor to lodge plan re registration of plan re time for lodging of plan re time of registration of interests in
to be subject to Act if alienated after commencement to include lot for the purposes of s. 40
transfer of-
covenants to be implied in instruments re memorandum of transfer to be executed re to trustees by registered proprietor transferee not affected by notice re
vendor not to have equitable lien for non-payment of purchase money re
when previous Laws, Ordinances, etc. re interests in. to be repealed
Lease-
disclaimer of. by trustee in bankruptcy to be recorded . how to be registered if exceeds 3 years
lessor re, bound to execute memorandum of transfer re right to purchase
mortgagee entering possession to become liable to lessor re not to be valid without consent of mortgagee if exceeds 3 years particulars re re-entry by lessor re. to be recorded
right to purchase may be contained in surrender of
to be recorded on certificate of title when issued transfer of .
power to St!e re
65
Page
s. 43 23
55 27
52 26
52 26
72 31
66 30
53 26
54 27
33 (I) 19
65 30
53 26
3 2
60 28
60 28
63 29
56 (I) 27
60 28
58 28
60 28
57 28
66 30
56 (3), (4) 28
65 30
68 30
56 (2) 27
94 (I) 36
98 38
II (7) 9
96 38
lOA 7
32 17
lOA 7
39 21
119 (4) 49
119A 49
119 (2) 49
119 (lA), (I B) 48
119 (I) 47
119 (3) 49
119 (3A) 49
34 (I) 19
15 10
40 (5) 22
67 30
48 25
77 32
109 41
96 38
55 27
52 26
53 26
62 29
52 26
72 31
53 26
54 27
33 (I) 19
65 30
66 30
66 INDEX
License-
person may receive, re printing and selling forms . Local Authority-
easements created by, may be registered
Master of Titles- appointment of functions of-
re bringing of land under Act re registration of remainderman
M
may state questions for opinion of Supreme Court to be barrister or solicitor
Meaning of term- Bill of mortgage Certificate of title
certified copy for the purposes of s. 122 Consular officer
Grant.
Instrument Land
Memorandum for the purposes of s. 76A Memorandum of transfer
Mentally sick person Minister
Mortgage Mortgagee.
Mortgagor.
original instrument for the purposes of s. 117 . Proprietor .
Register
registered instrument for the purposes of s. 117 substitute instrument for the purposes of s. 117 Time-sharing scheme
Transfer Transmission Memorandum-
meaning of term for the purposes of s. 76A not to limit provisions of instrument Registrar to record in register
to be endorsed on instrument upon registration to become part of register
when deemed to be set out in instrument
Memorandum of transfer-
consent may be given by endorsement on co-owners may execute. re partition meaning of term
re transfer of mortgage or lease to be executed re transfer of land what to contain
when lessor bound to execute re right to purchase Mentally sick person-
guardian, etc., may make declaration for . meaning of term
Minister- meaning of term Minor-
age of, to be recorded on certificate of title when issued guardian, etc., may make declarations for
ss.
s.
s. 9 51 (2)
12 18-20.
36 14 13 3 3 122 3 3 3 3 76A (I)
3 3 3 3 3 3 117 (5)
3 3 117 (5) 117 (5)
3 3 3 76A (I) 76A (5) 76A (2) 45 (I) 76A (3) 76A (5)
110 92 3 65 48 48 53 Ill 3
33 (2) Ill
26
II, 12 20 . 10 9 4 3 51 4 3 4 2 31 3 4 3 3 4 3 47 3 4 47 47 3 3 3 31 32 31 23 32 32
41 36 3 30 25 25 26 41 4
19 41
Mortgage- discharge of
INDEX
instrument re, to be accompanied by certificate of title to gain priority
meaning of term
mortgagee may enter into possession in case of default re mortgagee may take action for ejectment re
power of sale under, by mortgagee power to sue re transfer of powers of mortgagee to foreclose
purchaser to take title free of. under sale by mortgagee to be recorded on certificate of title so as to preserve priority transfer of
transferee of land subject to, to indemnify transferor Mortgagee-
giving effect to sale by
lease exceeding 3 years not to be valid without consent of.
may bring action for ejectment meaning of term
of leasehold interest to become liable to lessor when enters possession .
power of foreclosure power to sell
receipt of trustees to discharge Mortgagor-
meaning of term
mortgagee may enter into possession re default by when mortgagee may foreclose on rights of redemption of when to execute bill of mortgage
N
No survivorship-
effect of, in instrument re nomination of trustees when to appear on certificate of title
Nominal defendant- actions against Registrar as when to be entitled to costs . Notice-
no certificate of title to be impeached for want of.
of application to bring land under Act of trusts, not to be entered in register
reactions against Registrar to be given to Attorney-General re claim of future interest to be given to Registrar re lodgement of caveat
re lost or destroyed instrument re non-production of instruments
re refusal of Registrar to bring land under Act re title by possession
transferee not affected by
0
Oath-
Registrar may admininster Registrar to take before taking office Offence-
re non-return of borrowed documents from Registrar re refusal of witness to produce documents, etc.
Original instrument-
meaning of term for the purposes of s. 117
s. 63 43 3 60 60 57 66 60 58 33 (I) j
65 . 68 58 52 60 3 62 60 57 79 3 60 60 56 (I)
80 81 ss. 127, 128
s. 129 33 (5) ss. 21, 22
s. 79 128
20 (2) ss. 99, 100
s. 117 (4) 95 (4) 27 (I), (5) 20 (I) 109
II (3) 6 112 (3)
II (2)
117 (5)
29 23 3 28 28 28 30 28 28 19 30 30 28 26 28 4 29 28 28 32 3 28 28 27
33 33 53 54 19 14. 15 32 53 14 38 47 38 16 13 41
42 7 47
67
68 INDEX
p
Partition-
co-owners may execute memorandum of transfer re Penalty-
may be recovered in name of Attorney-General, etc.
re falsely certifying correctness of instrument . re non-return of borrowed documents from Registrar ..
re printing, etc., non-prescribed forms without authority re refusal of witness to produce documents
Plan-
re bringing of land under Act re subdivision of land-
easement not created by registration of endorsement of, re use of roads by public proprietor to lodge ..
registration of time of lodging Possession-
manner of claim for title by.
registration as proprietor equivalent to Power of attorney. See also Agent.
duties of Registrar re general rules re
re application to bring land under Act registered proprietor may authorise revocation of
Proceedings-
caveat to lapse when not taken
to be taken in name of Attorney-General. etc.
to be taken re fraudulently obtaining certificate of title, etc.
Property Law Act- Act not to affect s. 35 of
mortgagee to have power to sell conferred by . Proprietor. See also Co-owners; Registered proprietor.
application to be made to Supreme Court re death of meaning of term
registration as, to be equivalent to possession to lodge plan re subdivision of land
R
Register-
action against Registrar as nominal defendant re mistakes in copy of, may be made
how to be maintained
information in, may be recorded in other parts of.
instruments to become part of, when registered meaning of term
power of Registrar to change or correct names in power of Registrar to correct errors in recording in-
endorsement of instument after instrument not effectual until re dealings of remainderman re discharge of mortgage
re disclaimer of lease by trustee in bankruptcy rc casements
rc interest of remainderman re issue of substituted instrument
re memorandum of covenants and conditions in instruments re non-production of instrument
rc order of Supreme Court re trusts rc' particulars of re-entry by lessor
s, 92
ss.
s.
143 139 112 (3)
10 (7) II (2) 120 JJ9A 119 (2) 119 (I) 119 (3) 119 (3A)
20 (I) 125
104 107 93 104 108 25 143 130-134
40 (3) 57 89 3 125 119 (I)
128 32 (6) 32 (4) 32 (7) 35 (I)
3 II (4A) II (4) 45 43 37 63 (I) 55 51 36 (3) 117 (2)
76.\ (2), (3) 95 (3) 83 72
Page
36 57 56 42 6 7 50 49 48 47 49 49 13 52 40 41 36 40 41 16 57 54, 55 22 28 34 3 52 47
53 18 18 18 20 4 8 8 23 23 21 29 27 26 20 47 31, 32 37 34 31