Land Registration Regulations




REGISTRY OF CHARGES.

  1. Every person applying to register a charge shall fill up and subscribe the following Form, which may be altered from time to time by the Registrar General.

"I, A. B. of __ do apply to register the Charge made by the (Deed or Instrument) deposited herewith, the particulars of which Charge are as follows:—

Date of Instrument.

Name of Registered Proprietor of Land.

Register No. of Ditto.

In whose favor Charge made.

Amount secured.

Day of payment.

Rate of Interest.

A Plan of the Land charged is __ annexed.

If by Attorney, then A. B. on behalf of C. D.,"

Annexed to such application shall be a plan of the Land charged, agreeing with the Registration Map and with these Regulations, or otherwise sufficiently identifying the same.

  1. Upon receipt of every such charge the District Registrar shall, if required, sign and deliver to the Depositors a receipt; upon the receipt of such charge notice thereof shall be given by the District Registrar to the Proprietor of the Land charged.

  2. Judgments, Crown Debts, Extents and Acceptances of Office, affecting the Lands of a Registered Proprietor, are deemed charges by a Registered Proprietor, and official Certificates of such Judgments, Crown Debts, Extents and Acceptances of Office, signed by the proper officers respectively, shall be received and registered as Instruments of charge; but, in such cases it shall not be incumbent on the District Registrar to require a plan of the land charged, provided the same be sufficiently distinguished by reference to entries already on the Registers.

  3. As regards charges created by Wills of Registered Proprietors, such Wills or Probates, Administrations, with Will annexed, exemplifications and office copies of Wills may be received as Instruments of charge.

  4. The District Registrar may require proof to his satisfaction of the validity of any charge, and, unless satisfied thereof, he may refuse to register the same absolutely, or may suspend such registration, in which case he shall register the same provisionally, subject to further consideration, or subject to any order which the Supreme Court may make relative thereto. Every entry of a Provisional Registration shall be headed "Provisionally Registered." Notice shall be given to the party tendering such charge that the same is only Provisionally Registered, in order that he or she may apply, if thought fit, to the Supreme Court for an order to make the registration absolute. If no such order shall be intimated to the District Registrar within the space of three months after the first presentation of the charge for registration, the District Registrar may thereupon, in his discretion, cancel the register by writing across the entry in the register the word "Cancelled," with his name and the date. He shall notify such fact to the Applicant, and shall, on demand, return to him the Deed of charge.

  5. Subjoined or attached to every certificate of charge shall be a Memorandum of the Inhibitions affecting such charge, referring to their respective registered numbers.

  6. Whenever a charge is registered, the register number of such charge shall be entered in the Memorandum at the foot of the register of the Proprietor’s Title. Whenever an Inhibition is registered against a charge, the register number of the Inhibition shall be entered on the Memorandum at the foot of the register of such charge, and when cancelled an entry shall be made of such cancellation.

  7. Upon sale or foreclosure under any order or decree of the Supreme Court of land subject to a registered charge, the District Registrar shall make the requisite entries and transfers for giving effect to such order or decree.

  8. Upon a sale of land under a power of sale, contained or implied in the instrument of charge, the District Registrar shall, after due proof made to his satisfaction of compliance with the prescribed conditions, make the requisite entries and transfers in the register for giving effect to such sale.

  9. Upon the discharge of any charge the District Registrar shall write across the registered instrument a minute indicating such discharge, whereupon such registry shall be deemed to be cancelled and discharged.

  10. No transfer of proprietorship of land or charge shall be registered without delivery up of the existing certificate, except in case of sale or transfer under order or decree of the Supreme Court.

GENERAL REGULATIONS RELATING TO TRANSFERS OF LAND AND CHARGES.

  1. When any land or charge is transferred entire, the District Registrar shall write or cause to be written across the Register a minute indicating such transfer, and shall sign the same.

  2. Where land is subdivided a new entry shall be made in the Register of Proprietors, in respect of each subdivisional part, including the part, if any, retained by the original proprietor, and minutes shall be written across the register indicating such subdivisional transfers.

  3. A proprietor intending to subdivide his land by consecutive transactions may deposit with the District Registrar his land certificate pending such transactions, and may, by writing, request that such land certificate may be retained pending such transactions, and the same shall be retained accordingly. In every such case, as each subdivision takes place, the District Registrar shall indicate such subdivision upon the Register of Proprietors by proper references. The original Proprietor may at any time require the District Registrar to issue a certificate of his title to the land remaining undisposed of, and thereupon the District Registrar may make the necessary entry on the register and issue a certificate accordingly.

  4. If land be transferred or devised to more persons than one as tenants in common or in coparcenery, each tenant in common or coparcener, as the case may be, shall be registered as proprietor in respect of his or her undivided share, and all the regulations applicable to the registration of Title to land shall be applicable to the registration of Title to undivided shares of land.

  5. Charges can only be transferred in their entirety.

  6. Deeds of transfer shall be numbered and indexed according to Regulations made from time to time by the Registrar-General.

TRANSMISSION.

  1. Before registering a title on the death of a deceased proprietor the District Registrar shall fix a time for hearing objections thereto, and he shall notify the same by advertisement, and shall hear such objections and otherwise proceed in reference thereto in such manner as in the case of an original application to register Title mutatis mutandis.

  2. Upon any application made to register Title, upon the death of a sole registered proprietor, or of the survivor of several joint registered proprietors, it shall be the duty of the District Registrar to satisfy himself, whether the deceased held the land in his own right or as a trustee, whether he died testate or intestate. If testate he is to satisfy himself as to the ___.



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Online Sources for this page:

VUW Te Waharoa PDF Otago Provincial Gazette 1865, No 398





✨ LLM interpretation of page content

🗺️ Registry of Charges

🗺️ Lands, Settlement & Survey
Registry, Charges, Land, Registration, District Registrar

🗺️ General Regulations Relating to Transfers of Land and Charges

🗺️ Lands, Settlement & Survey
Transfers, Land, Charges, Registration, District Registrar

🗺️ Transmission of Title

🗺️ Lands, Settlement & Survey
Transmission, Title, Death, Registration, District Registrar