✨ Land Registration Regulations
and where any provision has been agreed to be made, the District Registrar shall satisfy himself that the same has been made; and he shall record the particulars thereof; and he shall not proceed with the proposed registration until he shall be satisfied as to the foregoing particulars.
LEASES.
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No notice of a Lease or Agreement for a Lease shall be registered unless such Lease or Agreement be made by the registered Proprietor of the Land to which it relates, or his duly authorised Attorney, except in the case of Leases made by a deceased Proprietor, which may be registered as against the person succeeding on the Register to the title of the deceased Proprietor.
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No Lease or Agreement for Lease shall be registered without a plan of the Land included (therein, either contained in the instrument itself or annexed thereto), or without a reference to the register of Proprietorship, with a declaration by the party applying to the following effect:—
“I, A. B., of __, declare that the annexed __ (Lease or Agreement for Lease) relates to the __ Land described in the annexed plan; and I apply to register notice thereof in respect of such Land.
Dated this __ day of __ 1 ____
A. B., of __
If by Attorney, then add the words “by C. D., of __, his Attorney.”
Such plan shall be conformable to the Regulations, and shall precisely identify the Land included in the Lease or Agreement for Lease with the proprietary title thereto.
TITLES DERIVED THROUGH UNREGISTERED INSTRUMENTS.
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Persons seeking to register Titles, whether to Land or Charges derived through unregistered instruments may do so, subject to the like regulations as in the case of an original application.
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Persons seeking to register charges on Land to which title shall be derived through unregistered instruments may do so, on proof of title to the satisfaction of the District Registrar, subject to such regulations as the Registrar General shall from time to time prescribe.
INHIBITIONS.
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Any Inhibition authorised by the Land Registry Act may be lodged either by delivery at the Registry Office or by sending the same by post in the usual way, addressed to the District Registrar, together with a statement showing the nature of the interest sought to be protected by such Inhibition. Such interest shall be defined in such statement, as nearly as may be, in a simple and compendious form, and the Land affected thereby shall be accurately defined.
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Sequestrations under the “Debtors and Creditors Act, 1862,” may be registered as Inhibitions.
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On the District Registrar being satisfied that the Regulations have been complied with, the Inhibition shall be forthwith registered in the Register of Inhibitions, each Inhibition being entered separately in consecutive order.
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Notice of such Inhibition shall be given forthwith to the registered Proprietor of the Land or Charge to which the Inhibition relates or to his Agent, in such manner as the Registrar General shall from time to time direct.
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In all cases of proposed transfer by the registered Proprietor of any Land or Charge subject to Inhibition, notice of such proposed transfer shall be given to the Inhibitors. Such notice shall be given by the District Registrar in such form and manner as the Registrar General shall from time to time direct, and Inhibitors shall be entitled to be heard by the District Registrar in objection to any proposed transfer.
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Charges, notices of Lease, and Inhibitions shall be cancelled by the District Registrar writing across the respective instruments a minute indicating such cancellation, with his signature, and the necessary entries shall at the same time be made in the Registers.
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Every application to register a Charge, notice of Lease or Inhibition, with the instruments attached, shall be filed as soon as deposited, and shall be marked forthwith with a number indicating the order of deposit, and which shall be the Register number.
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The mode of registering instruments under the said Act shall be by the District Registrar writing, or causing to be written, or stamped across the application or instrument or both, a word or minute indicating the fact of Registration and the Register number, and by his signing such word or minute and causing his seal of office to be affixed or impressed on the registered application or instrument. And all Applications and Instruments so signed and sealed shall be deemed to be duly registered and shall have priority according to the order of their respective register numbers.
INSPECTION OF REGISTER.
- Before inspecting any register or document in the custody of the District Registrar, the person applying for inspection shall subscribe the following declaration:—
“I, A. B., of __, do declare that I am the Proprietor of (or as the case may be, authorised by the proprietor of __ or by C. D. of __), a person having an interest in the undermentioned land (or charge), and I apply to inspect (here specify the Register or Document referred to) relating to the same land or charge.
Dated this __ day of __ 1 ____
A.B.”
FEES.
- The following shall be the scale of fees:—
| For every application to Register a Title to Land, or a Charge, or a Notice of Lease, or an Inhibition | £ s. d. |
|---|---|
| 0 5 0 | |
| For every Hearing and Adjournment of Hearing, by every party attending the hearing | 0 5 0 |
| For every Examination of Title to Land in ordinary cases, not exceeding | 1 1 0 |
| In special cases, not exceeding | 5 0 0 |
| For every Deed or Document deposited for examination | 0 1 0 |
| For every Entry on the Register, whether of Proprietorship, Charge, Lease, or Inhibition, exclusive of the plan | 0 2 6 |
| For every Certificate of Title to Land or Charge, exclusive of the Plan | 0 2 6 |
| For Cancelling an Entry | 0 2 6 |
| For every Inspection of a Register or Document | 0 1 0 |
| For Copies of Documents, per folio of 72 words, exclusive of plans | 0 0 4 |
| For Copies of Plans per section, subsections, or allotment, in addition to fee for Entry | 0 2 6 |
| For every Gazette Notice (besides cost of advertising) | 0 5 0 |
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✨ LLM interpretation of page content
🗺️
Transmission of Title
(continued from previous page)
🗺️ Lands, Settlement & SurveyTransmission, Title, Death, Registration, District Registrar
🗺️ Registration of Leases and Agreements
🗺️ Lands, Settlement & SurveyLeases, Agreements, Registration, Proprietor, Attorney
🗺️ Titles Derived Through Unregistered Instruments
🗺️ Lands, Settlement & SurveyTitles, Charges, Unregistered Instruments, Registration
🗺️ Inhibitions and Sequestrations
🗺️ Lands, Settlement & SurveyInhibitions, Sequestrations, Registration, Land Registry Act
🗺️ Inspection of Register
🗺️ Lands, Settlement & SurveyInspection, Register, Declaration, Proprietor
🗺️ Scale of Fees for Land Registration
🗺️ Lands, Settlement & SurveyFees, Registration, Title, Charge, Lease, Inhibition
Otago Provincial Gazette 1865, No 398