REGISTRATION OF TITLES ACT

ARRANGEMENT OF SECTIONS

   1   Short title

 

Preliminary

   2   Partial repeal of laws and practice as to interests in land

   3   Interpretation

 

Appointment, Powers and Functions of Officers

   4   Registrar of Titles, his appointment

   5   Appointment and qualification of Deputy Registrar

   6   Constitution of panel of Referees

   7   Salary and fees of Registrar and Referees

   8   Salary of Deputy Registrar

   9   Acting Appointments

   10   Office of Registrar

   11   Registrar may give authority to sign

   12   Judicial notice of seal of Office and signature of Registrar

   13   Seal of the Office of Titles, Jamaica

   14   As to Registrar and Referees practising

   15   Powers and duties of Registrar and Referee

   16   Notice of Deputy Keeper of the Records of land brought under the operation of his Act

   17   Conveyances or transfers under the Settled Land Act, need not be recorded

   18   Contribution to the Assurance Fund

   19   Registrar to keep accounts and duly account for all moneys

   20   Contributions to Assurance Fund, how to be dealt with

   21   Power of Registrar to make regulations and alter forms in Schedules

 

Registration of Titles

   22   Power to state a case

   23   Appointment of Valuers

 

Procedure in Bringing Land under the Operation of this Act

   24   How land brought under this Act

   25   Registration of title as absolute or qualified

   26   Registration of proprietor with absolute title, effect thereof

   27   Registration of proprietor with a qualified title, effect thereof

   28   Who may apply to have land brought under this Act

   29   What evidence, particulars and fees must accompany application

   30   Identification of land

   31   Reference of application and evidence to Referee, and proceedings thereon

   32   What incumbrances shall not prevent approval of title

   33   Notification of provisional approval of title

   34   In certain cases Referee not to proceed unless applicant acquiesces in his provisional decision

   35   Remedy of applicant if dissatisfied

   36   Publication and service of notice of provisional approval

   37   If no caveat entered title to be registered

   38   Authority for payment to solicitor

   39   Application by lessees

   40   Production of documents

   41   Withdrawal of application

   42   As to the possession of and dealing with documents evidencing title of persons registered

 

Caveat against Registration of Land

   43   Caveat against bringing land under this Act

   44   Notice of caveat

 

Procedure for Dealing with Same

   45   Lapse of caveat if not followed up by proceedings

 

Caveat not Renewable.

   46   Death of applicant before certificate

 

Registration of Land with Doubtful Title

   47   Bringing land with doubtful title under this Act

 

Office Copy of Decree of Order as Evidence of Title

   48   How far office copy of decree or order of a Court accepted by the Referee as evidence of title

 

Purchaser Requiring Registered Title

   49   Purchaser may require registered title under this Act

   50   Duties of vendor if purchaser exercises option

   51   Costs, how to be paid

 

Registration in lieu of Patent

   52   Registration of lands granted by the Crown in lieu of patent

   53   Patent sufficient evidence of title

 

Re-registration of Registered Land by Plan

   54   Registration by plan of registered land

      Mode of application

      Direction by Referee

 

Register Book; Mode of Registering; and Effect of Registration

   55   How land to be brought under the operation of this Act

   56   Receipt for certificate of title

   57   Grants for public purposes

   58   What constitutes registration under this Act

   59   Order and priority of registration

   60   As to trusts

   61   Contents of memorandum entered in Register Book

   62   Entry of memorandum of instrument, proceedings thereon and effect thereof

   63   Effect of registration or non-registration of instruments affecting lands brought under this Act

   64   Issue of certificates of title

   65   Joint tenants, tenants in common and coparceners

   66   Procedure as to registration of two or more joint proprietors

   67   Proceedings to obtain order of the Court for transfer of land

   68   Certificate of title conclusive evidence of title

   69   Use of certificate of title in actions between vendor and purchaser

   70   Preferential and prior rights defeated in favour of registered proprietor

      Incumbrances not specially notified to which registered land to be subject.

   71   Protection to parties dealing with registered proprietor

   72   Rights, etc, of registered proprietor of an estate of freehold subject to a lease

   73   Rights and liabilities of person for time being registered as proprietor

   74   Use by beneficiary in any action of the name of any proprietor

   75   Effect of a certificate subject to a mortgage or other memorandum as preserving all rights of such incumbrance

 

Inspection of Register Book

   76   Inspection of Register Book and copies of document

 

Provisions as to Certificates

   77   As to exchanging certificates

   78   References to be noted in Register to enable title to be traced

   79   What Registrar may require

   80   Registrar's power to amend

   81   Power of Registrar to dispense with the production of the duplicate certificate of title and the certificate of title in certain cases

   82   Proceedings on certificate of title being lost, etc

   83   Construction of certificate of title

   84   Married women

 

Title Acquired by Possession of Registered Land

   85   Who may apply for registration of title acquired by possession

   86   Procedure for making and dealing' with applications under section 85

   87   Cancellation of existing title and registration of title acquired by possession

 

Transfers

   88   Transfer of registered land

   89   Effect of such transfer

   90   Powers of transfer by proprietor of registered land

   91   How transfer registered

   92   Implied covenants by transferee of land subject to a charge

   93   Easements and rights of way

 

Leases

   94   Lease of registered land

   95   Implied covenants by lessee

   96   Implied powers in lessor

   97   Adoption of short forms of provisions and covenants

   98   Implied covenants in transfer of lease or of a grant for year

   99   Entry of recovery of land by lessor

   100   Transmission on bankruptcy of lessor

   101   Surrender of lease

   102   Under-leases

 

Mortgages and Charges

   103   Mortgages and charges affecting land

   104   Mortgages to building society

   105   Effect of registering a mortgage

   106   Power of sale in cases of default

   107   Application of purchase money

   108   Effect of registration of a transfer by mortgagee or annuitant

   109   Power of entry and foreclosure by mortgagee or annuitant

   110   Power of distress in cases of interest or annuity being in arrear

   111   Covenants implied in mortgages

   112   Liability of mortgagees or annuitants entering on leased land

   113   Short covenant for insurance

   114   Rights of mortgagees reserved until discharge or transfer is registered

   115   As to consent of mortgagee to action by mortgagor

   116   Application of money awarded to mortgagor for waste or damage to mortgaged land

   117   Summons by mortgagee for payment of money according to section 116

   118   Application of money recovered by mortgagee

   119   Proceedings for foreclosure before the Registrar

   120   Order for foreclosure, effect thereof

   121   Discharge of mortgage claims or other charge on lands

   122   Discharge of annuity

   123   Discharge when mortgagee dead, or absent from Jamaica or cannot be found and unrepresented

   124   Leases by mortgagees

   125   Appointment of receiver by mortgagee

 

Subdivision for Sale by Lots

   126   Subdivision of land for selling out in lots

 

Execution of Instruments by Corporations

   127   Execution of instruments by corporations

 

Implied Powers and Covenants

   128   Implied covenants and powers and modifications

 

Compulsory Registration

   129   Circumstances in which registration shall be compulsory

 

Registration on Transmission

   130   Registration of title by transmission

   131   Procedure where there is any doubt, etc, under section 130 as to the true construction, etc, of any will, etc

   132   Registration of proprietorship

   133   Payment of succession duty and estate duty

 

Registration of Transfer on Sale under a Writ or Order and of Vesting Orders

   134   Register of transfer on sale under a writ, decree or order, effect thereof

   135   Registration of vesting orders

 

Registration of Marriage of Female Proprietor and of Transmission by Death of Party Having an Interest

   136   Endorsation of marriage of female proprietor

   137   Registration of transmission of title by death of party having an interest

 

Bankruptcy

   138   Registration of transmission to trustee in bankruptcy
Proceedings as to property of bankrupt

 

Caveats

   139   Caveat against dealings

   140   Effect of lodging caveat with the Registrar, and proceeding thereon

   141   Effect of an order for the sequestration of the estate of, and the bankruptcy of, the intended registered proprietor

   142   Duty of Registrar so long as caveat in force

   143   Effect of lodging caveat without reasonable cause

 

Search Certificates and Stay Orders

   144   Application for search certificate

   145   Effect of search certificate

   146   Application for stay of registration of instrument affecting land comprised in proposed dealing

   147   Priority of properly perfected instrument lodged during stay of registration

   148   Other instruments lodged during stay of registration to have same priority as if no stay of registration

 

Powers of Attorney

   149   Power of attorney

   150   Effect of power of attorney

   151   Powers of attorney and Conveyancing Act

 

Attestation of Instruments

   152   Attestation of instruments

 

Procedure and Practice

   153   Procedure in cases of error or misdescription in certificate of title or of its being in possession of wrong person

   154   Order for delivering up of certificate of title and enforcement thereof and procedure if person wrongfully holding certificate cannot be fund

   155   Transfer when vendor is dead, absent, etc, and unrepresented

   156   Procedure if Registrar refuses an application, or if applicant dissatisfied with directions, etc, given by Registrar or Referee

   157   Discovery

   158   Court or a Judge may direct cancellation, etc, of certificate, etc

   159   Rules and practice in actions under this Act

 

Actions and other Remedies

   160   Registrar and Referee's protection against actions

   161   Certificate of title a bar to all actions of ejectment against registered proprietor with certain exceptions

   162   Action for damages by any person wrongfully deprived of land

   163   Protection of bona fide purchaser of registered land against actions

   164   Action against Registrar in certain cases

   165   Persons claiming shall before action brought apply to Registrar in writing for compensation

   166   Notice of action against Registrar. Costs if plaintiff fails

   167   Payment of amount of judgment if plaintiff succeeds

   168   Limitation of actions for damages through deprivation of land under this Act. Nonsuit if plaintiff or those through whom he claims had notice of proceedings under this Act

   169   Proceedings to recoup the Assurance Fund such money as may be paid thereout

   170   Non-liability of Assurance Fund in certain cases

 

Rules and Forms

   171   Rules

   172   Modification of forms in Schedules

 

Fees and Duties

   173   Fees

   174   Stamp duty where applicant directs certificate of title to issue in name of any other person

   175   Stamp duty where applicant claims to be owner of fee simple equity

   176   Registrar to see that transfers are duly stamped

   177   Full consideration for transfer to be expressed therein

 

Offences

   178   Offences against this Act. Misdemeanours

   179   Conviction not to bar any remedy against convict or his estate

   180   Prosecutions and suits

      SCHEDULES

 

THE REGISTRATION OF TITLES ACT

[Date of Commencement: 1st October, 1889]

Cap 340.

Law
60 of 1954.

Acts
25 of 1967,
42 of 1969,
10 of 1974,
25 of 2005.

LNs
150A/1983,
46B2/1995,
84/2003.

1   Short title

   This Act may be cited as the Registration of Titles Act.

Preliminary (sections 2-3)

2   Partial repeal of laws and practice as to interests in land

   All laws and practice whatsoever, relating to freehold and other interests in land, so far as is inconsistent with the provisions of this Act, are hereby repealed, as far as regards their application to land under the provisions of this Act, or the bringing of land under the operation of this Act.

3   Interpretation

   In this Act-

   "annuity" shall mean a sum of money payable periodically and charged on land under the operation of this Act by an instrument thereunder;

   "charge" shall mean the instrument creating and charging an annuity;

   "Commissioner for taking affidavits" shall mean a Justice or other officer or person authorised to take affidavits in the several Courts of Jamaica;

   "endorsed" shall include anything written upon, or in the margin, or at the foot of any document;

   "grantor'' shall include the proprietor of land charged with the payment of an annuity,

   "incumbrance" shall include all estates, interests, rights, claims and demands, which can or may be had, made or set up, in, to, upon or in respect of the land adversely and preferentially to the title of the proprietor;

   "instrument" shall include a conveyance, assignment, transfer, lease, mortgage, charge and also the creation of an easement;

   "judge" shall mean a Judge of the Supreme Court of Justice;

   "land" shall include messuages, tenements and hereditaments, corporeal or incorporeal; and in every certificate of title, transfer and lease, issued or made under this Act, such word shall also include all easements and appurtenances appertaining to the land therein described, or reputed to be part thereof or appurtenant thereto;

   "patent" shall mean the deed of grant from the Crown of any unpatented lands in Jamaica, or any lands which having once been patented have been adjudged forfeited or escheated to the Crown, or of any lands sold pursuant to the provisions of any law adjudging possession thereof to the Crown;

   "person" shall include a corporation, whether aggregate or sole;

This section of the article is only available for our subscribers. Please click here to subscribe to a subscription plan to view this part of the article.