✨ Land Registration Procedures
-
If the Devise be for particular Estates, or subject to limitations, powers or conditions, the Title shall be registered in the name of the devisee for the first estate of freehold, if he shall appear to the District Registrar a fit person to protect the rights of parties interested under the Will or Codicil, and if not then in the name of such other person as shall appear in the judgment of the District Registrar to be the fit person; subject to Inhibition for protecting the rights of all parties interested under the Will or Codicil, which Inhibition the District Registrar shall lodge accordingly.
-
The District Registrar shall not make any entry in the case of transfer of Title on the death of a deceased Proprietor, until he shall have first transmitted full particulars of the whole case to the Registrar General, who may direct the District Registrar what entries to make, and the District Registrar shall in all things conform to such directions of the Registrar General.
-
When an infant shall be entitled to be registered as Proprietor in the last mentioned cases, the guardian, or person entitled to be guardian, of such infant may be registered in his or her place, subject to an Inhibition for protecting the rights of such infant, which Inhibition the District Registrar shall lodge accordingly.
-
When a married woman shall be entitled to be registered as proprietor, in the last mentioned cases, the husband of such married woman may be joined on the Register with his wife as co-proprietor, in right of his wife; subject to the conditions and regulations applicable to the Registration of a husband in right of his wife.
-
Where the person entitled to be registered as Proprietor, shall appear to the District Registrar to be an idiot or lunatic, the District Registrar may register the Committee of such idiot or lunatic, as Proprietor in his or her place, subject to Inhibition for protecting the rights of such idiot or lunatic, which Inhibition the District Registrar shall lodge accordingly.
-
Where, upon the application of any person to register the Title to land of a deceased Proprietor, it shall appear to the satisfaction of the District Registrar, that the deceased Proprietor died intestate, the District Registrar shall cause an advertisement to be inserted in some newspaper circulating in the Province, calling on persons to come in and establish their claims as Heir or Heirs-at-law of the deceased, and he shall, in such advertisement, specify a day and time and place for hearing and determining such claims, at which time and place he shall examine such claims, and shall hear any parties then present, tendering evidence or information in reference thereto or to the heirship of the deceased; and he may from time to time adjourn such hearing, and he shall ascertain to his satisfaction, the heirship to the deceased; and shall compile or cause to be compiled a proper pedigree to the deceased, shewing such heirship, and the degree of consanguinity to the deceased; and shall transmit the same with the verifications thereof to the Registrar General.
-
Upon examining a married woman as to her assent to any disposition of Land whereof she and her husband are registered as co-proprietors, it shall be the duty of the District Registrar to explain to her her rights in the land, and the effect of the proposed disposition; and he shall enquire whether she intends to give up her interest in the Estate to be passed; and he shall make a record of her answer thereto; and where any such married woman, in answer to such enquiry shall declare that she intends to give up her interest without any provision, the District Registrar shall satisfy himself of the truth of such declaration;
validity of the will or codicil of the deceased, whether the land was devised by such Will or Codicil absolutely or subject to particular uses, estates, trusts or interests, or to charges or special limitations or conditions, and who are the devisees or other persons interested under such will. If the deceased died intestate he is to satisfy himself who is heir-at-law. Where any persons appearing to be interested in the land shall be infants, he shall satisfy himself who is the guardian or person entitled to be the guardian of such infants; in the case of married women who are their husbands; in the case of lunatics, who are their committees, if any. And of all other matters in any way material, in his judgment, for determining who is the fit person to be registered in the place of the deceased proprietor. All which matters and things he shall fully report to the Registrar-General.
-
Before assuming the intestacy of a deceased proprietor the District Registrar shall require the production of Letters of Administration to the deceased, if granted; if none have been granted, then an affidavit to that effect. He shall also require the affidavit of the party applying to the effect that he or she has made, or caused search to be made, for any Will or Codicil of the deceased amongst the papers of the deceased, at his bankers, if any, at his agents or solicitors, if any, and in all other places where it is likely that a Will or Codicil may have been deposited; and further that no Will or Codicil has been found, nor has any circumstance come to the knowledge of the deponent from which to infer that any Will or Codicil is or has been in existence (or if there has been any Will or Codicil in existence), then that the same has been destroyed (setting out the facts relating to such destruction), and generally the party applying shall make affidavit that he or she verily believes that there is no Will or Codicil of the deceased in existence. The District Registrar shall also require any corroborative proof of intestacy as to him may seem fit.
-
Where a Will or a Codicil shall have been proved in some competent Court, the probate exemplification or office copy of such Will or Codicil may be admitted as evidence of such Will or Codicil for purposes of Registration, with such corroborative proof, if any, as the District Registrar shall require.
-
Where an original Will or Codicil shall be produced for the purpose of Registration, the District Registrar shall require proof thereof by at least one of the witnesses, if resident within the district, or such other proof as would be required of Wills or Codicils in Courts of Equity.
-
Provided that as regards Wills and Codicils executed out of the Province, or in case of the absence of witnesses, the District Registrar may dispense with proof by witnesses of such Will or Codicil, on receiving evidence to his satisfaction, as to the custody from which such Will or Codicil came, and such other evidence as may satisfy him of the genuineness and validity of such Will or Codicil.
-
If by the Will or Codicil of the deceased Proprietor the Land be devised to any person or persons absolutely, such person or persons shall be registered as Proprietor or Proprietors in place of the deceased Proprietor.
-
If such devise shall be subject to charges, which, in the judgment of the District Registrar, should be protected by Inhibition, the Title shall be registered subject to such Inhibition, which the District Registrar shall lodge accordingly.
-
If the Devise be to Trustees, such Trustees shall be registered as Proprietors, subject to Inhibition for protecting the rights of all parties interested under the Will or Codicil, which Inhibition the District Registrar shall lodge accordingly.
Next Page →
✨ LLM interpretation of page content
🗺️
Transmission of Title
(continued from previous page)
🗺️ Lands, Settlement & SurveyTransmission, Title, Death, Registration, District Registrar
Otago Provincial Gazette 1865, No 398