CHAPTER 107
LAND REGISTRATION ACT

Arrangement of Sections

PART I

Preliminary

1. Short Title.

2. Interpretation.

3. Reconciliation with other laws.

PART II

Organisation and Administration

Division 1 - Land registry and officers

4. Land Registry.

5. Appointment of officers.

6. General powers of Registrar.

7. Indemnity of officers.

8. Seal of registry and evidence.

Division 2 - The land register

9. The land register.

10. Compilation of land register.

11. Nature of title on first registration.

12. Manner of registration.

13. New editions of register.

14. Cancellation of obsolete entries.

Division 3 - Maps, parcels and boundaries

15. Registry map.

16. Power to alter registry map and to prepare new editions.

17. Further surveys.

18. Combinations and subdivisions.

19. Reparcellation.

PART III

Effect of Registration and Conversion of Title

20. Interest conferred by registration.

21. Conversion of qualified into absolute title.

22. Application of this Act to usufructuary interest.

23. Rights of proprietor.

24. Voluntary transfer.

25. Overriding interests.

26. Entries to constitute actual notice.

PART IV

Searches and Copies

27. Searches and copies.

PART V

Dispositions

Division 1 - General

28. Subsequent dealings.

29. Protection of persons dealing in registered land.

30. Priority of registered interests.

31. Merger of registered interest.

Division 2 - Leases

32. Leases.

33. Registration of leases.

34. Future and conditional leases.

35. Variation and extension of leases.

36. Substitution of leases.

37. Subleases.

38. Surrender of leases.

39. Determination of leases.

Division 3 - Usufructuary interests

40. Usufructuary interests.

Division 4 - Charges

41. Form and effect of charges.

42. Mortgages and privileges subsisting at first registration.

43. Legal charges.

44. Variation of charges.

45. Discharge of charge.

Division 5 - Transfers

46. Transfer.

47. Transfer to take effect immediately.

48. Conditions repugnant to interest transferred.

49. Transfer of part.

50. No transfer unless adjudication costs paid.

51. Transfer subject to lease.

Division 6 - Easements and restrictive agreements

52. Easements.

53. Restrictive agreements.

54. Release and extinguishment of easements and restrictive agreements.

Division 7 - Co-proprietorship and partition

55. Registration of proprietors in undivided shares.

56. Partition.

Division 8 - Dispositions to aliens

57. Registration of the Republic as proprietor in cases of forfeiture.

PART VI

Instruments and Agents

58. Form of instruments.

59. Execution of instruments.

60. Verification of execution.

61. What is to be done when parties cannot sign.

62. Notaries Act not to apply to instruments attested by a notary.

63. Effect of due attestation.

64. Signature of person who attest presumed genuine without proof of official character.

65. Sufficient for instrument to be in conformity with provisions of this Act.

66. Disposal of instruments.

67. Minors, interdicted persons, and persons to whom a conseil judiciaire has been appointed.

68. Institute (grevé) to be registered in cases of substitution.

69. Agents, guardians, and legal administrators.

70. Powers of attorney.

71. Effect of registered power of attorney.

PART VII

Transmissions

72. Transmission on death.

73. Transmission on bankruptcy or insolvency.

74. Liquidation.

75. Transmission in other cases.

PART VIII

Restraints on Dispositions

Division 1 - Inhibitions

76. Power of Court to inhibit registered dealings.

77. Effect of inhibition.

78. Cancellation of inhibition.

Division 2 - Cautions

79. Lodging of cautions.

80. Notice and effect of caution.

81. Withdrawal and removal of caution.

82. Second caution in respect of same matter.

83. Wrongful cautions.

Division 3 - Restrictions

84. Restrictions.

85. Notice and effect of restrictions.

86. Removal and variation of restrictions.

PART IX

Prescription

87. Registration of title acquired by prescription.

PART X

Rectification and Indemnity

88. Rectification by Registrar.

89. Rectification by Court.

90. Right to indemnity.

91. Amount of indemnity.

92. Procedure for claiming indemnity.

93. Recovery of indemnity paid.

94. Errors in Survey.

PART XI

Decisions of Registrar and Appeals

95. Power of Registrar to state case.

96. Appeals.

97. Effect of appeal on dispositions.

PART XII

Miscellaneous

98. Service of notices.

99. Meaning of "opportunity of being heard".

100. Offences.

101. Fees.

102. Recovery of fees and expenses.

103. Enforcement of Registrar's order for payment.

104. Rules.

105. Act to bind the Republic but without effect on prerogative of the President and other rights of the Republic.

106. Construction of other laws.

 

25 of 1965,

8 of 1967,

4 of 1972,

17 of 1977,

23 of 1976,

5 of 1984.

Decree 29 of 1979.

SI 60 of 1968,

95 of 1975,

72 of 1976,

79 of 1987,

6 of 1990.

[Date of commencement: 1st January 1967]

PART I

Preliminary

1. Short Title.

This Act may be cited as the Land Registration Act.

2. Interpretation.

In this Act, except where the context otherwise requires—

"charge" means a mortgage charging land for securing the payment of money or money's worth or the fulfilment of any condition and includes a legal charge and the instrument creating a charge;

"chargee" means the proprietor of a charge;

"chargor" means the proprietor of charged land or of a charged lease;

"company" includes a société having corporate existence;

"the court" means the Supreme Court;

"dealing" includes disposition and transmission;

"Director of Surveys" means the person appointed as the Director of Surveys for the purposes of the Land Survey Act;

"disposition" means any act 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;

"easement" means a servitude and includes the right of occupation;

"file" means place in the relative parcel file;

"the Government" means the Government of Seychelles;

"instrument" includes any deed, judgement, decree, order or other document requiring or capable of registration under this Act;

"interest" in land includes ownership of land;

"land" includes land covered with water, all things growing on land and buildings and other things permanently affixed to land and also an undivided share in land;

"land register" means the land register compiled under Division 2 of Part II of this Act;

"lease" means the grant, with 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 lease;

"lessee" means the holder of a lease;

"lessor" means the person who has granted a lease or his successor in title;

"legal charge" means a legal mortgage or a privilege over immovable property arising under the law in favour of any person, of the Government or the Republic or of any statutory body;

"parcel" means an area of land—

(a) separately delineated on the registry map; or

(b) separately shown and identified by number on a demarcation map within the meaning of Adjudication of Title Decree.

"prescribed" means prescribed by rules made under this Act;

"presentation book" means the presentation book kept under paragraph (d) of section 4;

"proprietor" means—

(a) in relation to land, a lease or a usufructuary interest, the person named in the register as the proprietor thereof; and

(b) in relation to a charge, the person named in the register as the person in whose favour the charge is made;

"to register" means to make an entry, note or record in the register under this Act, and "registered", "unregistered" and "registration" bear a corresponding meaning;

"the Registrar" means—

(a) the Land Registrar appointed under subsection (1) of section 5;

(b) where an Assistant Land Registrar has been authorised under subsection (3) of section 5 to exercise or perform any particular power or duty, that Assistant Land Registrar so far as concerns that power or duty;

"registration district" means a registration district constituted under subsection (1) of section 15;

"registry" means the land registry established under section 4;

"registry map" means the map or series of maps referred to in subsection (2) of section 15;

"statutory body" means a statutory body prescribed as such for the purposes of this Act;

"surveyed" means surveyed to the satisfaction of the Director of Surveys;

"transfer" means the passing of land, a lease or a charge by act of the parties and not by transmission or operation of law, and also the instrument by which such passing is effected;

"transmission" means the passing of land, a lease or a charge from one person to another on death, by will or intestacy, by operation of law, on bankruptcy or insolvency or otherwise howsoever, and includes the compulsory acquisition of land under any written law;

"usufructuary interest" means a usufructuary interest as defined in paragraph (d) of section 20;

"valuable consideration" includes marriage, but does not include a nominal consideration.

3. Reconciliation with other laws.

Except as otherwise expressly provided in this Act, no other written law relating to land shall apply to land registered under this Act so far as it is inconsistent with this Act; but save as aforesaid any written law relating to land, unless otherwise expressly or by necessary implication provided by this or any other Act, shall apply to land registered under this Act whether expressed so to apply or not:

Provided that nothing contained in this Act shall be construed as permitting any dealing which is forbidden by the express provisions of any other written law or as overriding any provision of any other written law requiring the sanction or approval of any authority to any dealing.

PART II

Organisation and Administration

Division 1

Land Registry and Officers

4. Land Registry.

There shall be established and maintained in Victoria a land registry, in which there shall be kept—

(a) a register, to be known as the land register, in accordance with Division 2 of this Part;

(b) the registry map;

(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 presentation book, in which shall be kept a record of all applications for registration, numbered consecutively in the order in which they are presented to the registry;

(e) an index, in alphabetical order, of the names of the proprietors of land, leases and charges, showing the numbers of parcels in which they are interested; and

(f) a register and a file of powers of attorney.

5. Appointment of officers.

(1) The President shall appoint a Land Registrar, who shall be responsible for administering the land registry in accordance with this Act.

(2) The President may appoint such Assistant Land Registrars as may be necessary for carrying out the provisions of this Act.

(3) The Land Registrar may, in writing, authorise any Assistant Land Registrar to exercise or to perform all or any of the powers or duties conferred on the Land Registrar by this Act and may at any time revoke or vary any such authorisation:

Provided that no such authorisation shall be deemed to divest the Land Registrar of any of his powers or duties, and he may, if he thinks fit, exercise and perform all his powers or duties notwithstanding any such authorisation

6. General powers of Registrar.

The Registrar may exercise the following powers in addition to any other powers conferred on him by this Act, that is to say—

(a) he may require any person to produce any instrument or other document or plan relating to the land, lease or charge in question, and that person shall produce the same;

(b) he may summon any person to appear and give any information or explanation respecting land, a lease or a charge, or any instrument, or other document or plan relating to the land, lease or charge in question and such person shall appear and give such information and explanation;

(c) he may refuse to proceed with any registration if any instrument or other document, plan, information or explanation required to be produced or given is withheld or any act required to be performed under this Act is not performed;

(d) he may administer oaths or take an affidavit in lieu thereof, and may require that any proceedings, information or explanation affecting registration shall be verified on oath or by affidavit;

(e) he may 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 Act shall be borne and paid by such persons and in such proportions as he may think fit.

7. Indemnity of officers.

The Land Registrar and any other officer of the Registry shall not be liable to any action, suit or proceedings for or in respect of any act or matter in good faith done or omitted to be done in exercise or supposed exercise of the powers given by this Act.

8. Seal of registry and evidence.

(1) The registry shall have a seal and every instrument purporting to bear the imprint of such deal shall be received in evidence and, unless the contrary is shown, shall be deemed without further proof, to have been issued by or under the direction of the Land Registrar.

(2) Every entry or note in or on any register, registry map or filed plan shall, subject to sections 88 and 89, be received in all proceedings as conclusive evidence of the matter or transaction which it records.

Division 2

The Land Register

9. The land register.

(1) The land register shall comprise a register in respect of each parcel in each registration district and a register in respect of each lease required by this Act to be registered.

(2) Each register shall be divided into three sections as follows—

A. the property section, containing a brief description of the land or lease and a reference to the registry map;

B. the proprietorship section, containing the name of the proprietors and a note of any inhibition, caution or restriction affecting his right of disposition;

C. the encumbrances section, containing a note of every interest or other matter required to be registered therein.

10. Compilation of land register.

(1) The Registrar shall—

(a) from time to time prepare, from the records of the Mortgage and Registration Office established under the Mortgage and Registration Act, a register in the prescribed form in respect of every surveyed parcel of land, showing all subsisting particulars affecting the parcel which are capable of registration under this Act;

(b) make, certify and file a copy of the document creating any subsisting lease, mortgage or other encumbrance affecting the parcel; and

(c) serve notice of registration on the proprietor of the land and on any other person appearing to have a subsisting interest therein capable of registration under this Act,

and upon the signing of the register by the Registrar this Act shall apply to the land.

(2) Whenever an adjudication record has become final under section 25 of the Adjudication of Title Decree, and the adjudication officer has delivered the adjudication record to the Land Registrar, the Land 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 such particulars in the adjudication record as required registration.

(3) The provisions of sections 21, 22 and 23 and sections 38 to 47 of the Mortgage and Registration Act, shall cease to apply to land registered under this Act.

11. Nature of title on first registration.

(1) Every person registered as a proprietor of land in pursuance of subsection (1) of section 10 shall be so registered with a qualified title.

(2) The following rules shall apply in registering any land under subsection (2) section 10—

(a) where any person is recorded in the adjudication record as an absolute owner of land, that person shall be registered as a proprietor of land with an absolute title; and

(b) where any person is recorded in the adjudication record as a qualified owner of land, that person shall be registered as a proprietor of land with a qualified title.

12. Manner of registration.

Registration shall be effected by an entry in the land 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.

13. New editions of register.

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 effect.

14. Cancellation of obsolete entries.

The Registrar may cancel any entry in the register which he is satisfied has ceased to have any effect.

Division 3

Maps, Parcels and Boundaries

15. Registry map.

(1) For the purposes of this Act the Registrar may constitute any area of land a registration district and may at any time vary the limits of any such district.

(2) The Director of Surveys shall prepare and maintain a map, or series of maps, to be called the registry map, for every registration district.

(3) Each registration district shall be given a distinctive name, and may be divided into sections which shall be given distinctive Roman numbers.

(4) The parcels in each registration district, or section, shall be numbered consecutively, and the name of the registration district and the number of the section, if any, and the number of the parcel shall together from a sufficient reference to any parcel.

(5) The Registrar may, at any time, cause registration districts or sections to be combined or divided, or cause their boundaries to be varied.

(6) A plan, verified by the Director of Surveys, or a diagram submitted with the adjudication record under section 25 of the Adjudication of Title Decree shall be filed in respect of each parcel, and such plan or diagram shall be presumed, until the contrary is shown, to define accurately the beacons and boundaries of the parcel:

Provided that—

(a) in the case of a plan filed under this subsection the position of a beacon or boundary shown on the plan shall not be capable of being brought into question in any court when such beacon or boundary—

(i) is deemed in terms of section 21 of the Land Survey Act to have been lawfully established; or

(ii) is placed or delineated as a result of the division of a registered parcel of land.

(b) in the case of a diagram filed under this subsection the position of a beacon or boundary shown on the diagram shall not be capable of being brought into question in any court after 10 years from the date of filing.

16. Power to alter registry map and to prepare new editions.

(1) The Registrar may require the Director of Surveys to alter the line or position of any beacon or boundary shown on the registry map either with the agreement of every person shown by the register to be affected by the alternation or in accordance with any scheme made and approved under the provisions of any other written law, 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.

(3) The Registrar may require the Director of Surveys to prepare a new edition of the registry map or any part thereof, and there may be omitted from the new map any matter which the Registrar considers obsolete.

17. Further surveys.

The Registrar may cause a survey to be made for any purpose connected with this Act.

18. Combinations and subdivisions.

(1) Where contiguous parcels are owned by the same proprietor, with and subject in all respect to the same rights and obligations, the Registrar, on application by the proprietor, may combine these 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.

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