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Registrar Warns: Protection of Officers and Settlement of Unregistered Documentary Titles

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In a move aimed at safeguarding the interests of officers and ensuring the smooth settlement of unregistered documentary titles, the Registrar has issued a stern warning.

Protection of Officers

According to section 8 of the relevant Act, no action shall be brought against any officer referred to in sections 3 and 6 with respect to anything done or omitted to be done by him in good faith in the execution or purported execution of his powers and duties under this Act. This provision is aimed at providing protection to officers who act in good faith while discharging their duties.

Settlement of Unregistered Documentary Titles

Part III of the Act deals with the settlement of unregistered documentary titles. The Registrar has clarified that the terms:

  • “assignment”
  • “conveyance”
  • “deeds register”
  • “freehold interest in land”
  • “leasehold interest in land”
  • “mortgage”

shall have the meanings assigned to them by the relevant provisions.

Voluntary Applications for First Registration

The Registrar has emphasized the importance of voluntary applications for first registration. Under section 10(1) of the Act, any person who claims to hold a freehold or leasehold interest in any land may apply to be registered as the owner of the interest. The application shall be made to the Registrar in the prescribed form and shall contain an undertaking to pay fees for survey work required.

Additional Requirements

The Registrar has also stressed that:

  • An application for registration may be made by a corporation, whether sole or aggregate, notwithstanding any provision to the contrary contained in its articles or memorandum of association.
  • The Commissioner may apply to be registered as the owner on behalf of the Government of the perpetual estate in such land vested in him under paragraphs (a) and (b) of section 47(1) of the repealed Act.

Compliance with Relevant Provisions

The Registrar has warned that any failure to comply with the relevant provisions shall render an application invalid. It is therefore essential for all parties involved to ensure that their applications are made in compliance with the requirements of the Act.

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