Land Title Registration Act 2011
FA E R
N
AT F
TQUO U
BERMUDA
LAND TITLE REGISTRATION ACT 2011
2011 : 51
TABLE OF CONTENTS
PART 1
PRELIMINARY
Citation
Purpose of Act
Interpretation
PART 2
LAND TITLE REGISTRY OFFICE
Establishment of Land Title Registry Office
General powers of registrar
Indemnity of officers
Seal of registry
PART 3
FEES AND INDEMNITY
Payment of fees
Power to prescribe fees
Indemnity Fund
Indemnities
Reinsurance arrangements
PART 4
RECONCILIATION WITH OTHER LAWS
Status of the Act
Application of Act
PART 5
MAPS AND BOUNDARIES
1
2
3
4
5
6
7
8
9
10
11
12
13
14
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LAND TITLE REGISTRATION ACT 2011
Index Map
Maintenance of the Index Map
Indicative boundaries
PART 6
THE REGISTERS
Registers
Land title register
Cautions register
PART 7
FIRST REGISTRATION
Voluntary Registration
When title may be registered
Legal tenancies in common
Estate vested in a mortgagee
Compulsory Registration
Compulsory registration
Duty to apply for registration of title
Effect of non-compliance with section 25
Liability for making good void transfers etc.
Classes of title
Classes of title
Effect of First Registration
Effect of first registration - freehold estates
Effect of registration - leasehold estates
Dependent estates
Appurtenant rights and charges
Supplementary
Rules about first registration
Ancillary matters
PART 8
CAUTIONS AGAINST FIRST REGISTRATION
Preliminary
Right to lodge
Effect
Withdrawal
Cancellation
Cautions register
Alteration of register by court
Alteration of register by registrar
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
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LAND TITLE REGISTRATION ACT 2011
PART 9
DISPOSITIONS OF REGISTERED LAND
Owner’s powers
Right to exercise owner’s powers
Mode of exercise
Protection of disponee
Dispositions required to be registered
Effect of dispositions on priority: basic rule
Effect of registered dispositions: estates
Effect of registered dispositions: charges
PART 10
NOTICES
Nature and effect
Excluded interests
Entry on application
Unilateral notice
Cancellation of unilateral notices
Unregistered interests
Registrable dispositions
Supplementary
PART 11
RESTRICTIONS
Nature
Effect
Power of registrar to enter
Applications
Notifiable applications
Power of court to order entry
Withdrawal
PART 12
CO-OWNERSHIP, TRUSTEES AND SETTLEMENTS
Creation of tenancy in common
Severance of joint tenancies
Registration of tenancies in common of registered estates
Trustees as registered owners
Settlement of registered estates
PART 13
CHARGES
Registered charges
Tacking and further advances
Effect of completion by registration
Powers of sub-chargee
Proceeds of sale: chargee’s duty
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
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LAND TITLE REGISTRATION ACT 2011
Receipt in case of co-tenancy
Entry of right of consolidation
Power to create mortgages under the general law
PART 14
REGISTRATION - GENERAL
Conclusiveness of registration as owner
Dependent estates
Accretion and diluvion
Power to upgrade title
Use of register to record defects in title
Alteration of register
Inspection of registers etc.
Official copies of registers etc.
Historical information
Official searches
Priority protection
Duty to disclose unregistered interests
Effective date of registration
Duty to act reasonably
PART 15
OBJECTIONS AND ADJUDICATION
Objections
Adjudication
Procedure
Reference of objections to court
Appeals
Enforcement of orders, etc.
PART 16
SPECIAL CASES
Voluntary registration of demesne land
Compulsory registration of grants out of demesne land
Demesne land: cautions against first registration
Escheats etc.
Demesne land: representation
Bona vacantia
Interest of creditors
Bankruptcy
Pending land actions, writs and orders
Incorporeal hereditaments
PART 17
ADVERSE POSSESSION AND PRESCRIPTION
Adverse possession of registered titles
Prescription - easement and profit à prendre
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
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LAND TITLE REGISTRATION ACT 2011
PART 18
ELECTRONIC CONVEYANCING
Electronic dispositions: formalities
Authorized networks
Power to require simultaneous registration
Electronic settlement
Supplementary
PART 19
MISCELLANEOUS AND GENERAL
Rights of pre-emption
Proprietary estoppel and mere equities
Reduction in threshold term
Conclusiveness of filed copies
Suppression of information
Improper alteration of registers
Right to silence
Miscellaneous and general powers
Exercise of powers
Crown application
Application to territorial waters
Consequential amendments
Commencement
SCHEDULE 1
Indemnities
SCHEDULE 2
Unregistered Interests Which Override First Registration
SCHEDULE 3
First Registration - Ancillary Matters
SCHEDULE 4
Registrable Dispositions: Registration Requirements
SCHEDULE 5
Unregistered Interests Which Override Registered Dispositions
SCHEDULE 6
Alteration of the Register
SCHEDULE 7
Authorized Networks
SCHEDULE 8
Miscellaneous and General Provisions
SCHEDULE 9
Consequential Amendments
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
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LAND TITLE REGISTRATION ACT 2011
WHEREAS it is expedient to make provision for the registration of estates in land
and in certain incorporeal hereditaments, and for connected purposes;
Be it enacted by The Queen’s Most Excellent Majesty, by and with the advice and
consent of the Senate and the House of Assembly of Bermuda, and by the authority of the
same, as follows:
PART 1
PRELIMINARY
Citation
This Act may be cited as the Land Title Registration Act 2011.
Purpose of Act
The principal purpose of this Act is to provide for a system of registration of estates
in land, and estates in certain incorporeal hereditaments, so as to—
provide certainty in ownership of registered land;
simplify proof of ownership of registered land;
facilitate the economic and efficient execution of transactions affecting
registered land;
provide publicly available information in relation to registered land and, so
far as practicable, the rights that benefit and the burdens that affect
registered estates;
provide compensation for persons who sustain loss from a failure of the
land title registration system established by this Act; and
allow for the eventual introduction of facilities for conducting transactions
in registered land electronically.
Interpretation
In this Act, unless the context otherwise requires—
“agreed notice” means a notice entered in the register in pursuance of an
application under section 52(2)(a);
“attorney” means a person duly admitted under the Supreme Court Act 1905 to
practise as a barrister and attorney in the Supreme Court;
“cautionable estate” has the meaning given in section 35(2);
“caution against first registration” or “caution” means a caution lodged under
section 35;
1
2
(a)
(b)
(c)
(d)
(e)
(f)
3 (1)
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LAND TITLE REGISTRATION ACT 2011
“cautioner” has the meaning given in section 34;
“cautions register” means the register established and maintained under section
18(1)(b), which consists of the individual registers described in section 20;
“certificate of legal effect” means a certificate of legal effect referred to in
paragraph 15(3) of Schedule 3;
“co-tenancy” means an estate held in coparcenary, in joint tenancy, or in tenancy
in common, and “co-tenant” has a corresponding meaning;
“court” means the Supreme Court;
“demesne land” means land vested in Her Majesty for the purposes of the
Government but in which an estate is not held by any person;
“estate in land” means a freehold estate in a corporeal hereditament, or a leasehold
estate in a corporeal hereditament;
“estate representative” has the same meaning as in the Administration of Estates
Act 1974;
“freehold estate” means an estate that is held in fee simple absolute in possession;
“Indemnity Fund” means the fund established under section 10;
“Index Map” means the Land Title Registry Index Map established under section
15;
“land” does not include incorporeal hereditaments;
“land title register” means the register established and maintained under section
18(1)(a), which consists of the individual registers described in section 19;
“leasehold estate” means an estate that is held for a term of years absolute;
“LTRO” means the Land Title Registry Office established under section 4(1);
“Minister” means the Minister responsible for land title registration;
“prescribed”, in relation to any fee, means prescribed by regulations made under
the Government Fees Act 1965 and, in relation to any other matter or thing,
means prescribed by rules made by the Minister under this Act;
“qualifying estate” means—
an unregistered registrable estate in land, but does not include a leasehold
estate which, at the time of the conveyance, transfer, grant or creation has
no more than the threshold term to run; and
where rules have been made under section 22(3), an undivided share in
an unregistered registrable estate in land, but does not include a leasehold
(a)
(b)
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LAND TITLE REGISTRATION ACT 2011
estate which, at the time of the conveyance, transfer, grant or creation has
no more than the threshold term to run.
“rectification” has the meaning given in paragraph 1 of Schedule 6;
“register” means—
in relation to a registered estate, the land title register; and
in relation to a caution against first registration, the cautions register;
“registered” means entered in the register;
“registered charge” means a charge the title to which is entered in the register;
“registered estate” means an estate the title to which is entered in the register;
“registered land” means a registered estate or a registered charge;
“registrable disposition” means a disposition of a registered estate or a registered
charge which, under section 46, is required to be registered in order to operate
at law;
“registrable estate” means a freehold estate or a leasehold estate;
“registrar” means the Land Title Registrar appointed under section 4(2);
“requirement of registration” means the requirement of registration under section
24;
“restriction” means an entry referred to in section 58(1) regulating the
circumstances in which a disposition of a registered estate or a registered
charge may be made;
“settlement” means any instrument or combination of instruments under or by
virtue of which any land stands for the time being—
limited in trust for any persons by way of succession; or
limited in trust for any person in possession—
for an entailed interest whether or not capable of being barred or
defeated;
for an estate in fee simple or for a term of years absolute subject to an
executory limitation, gift, or disposition over on failure of his or her
issue or in any other event;
for a base or determinable fee or any corresponding interest in a
leasehold estate;
limited in trust for any person for an estate in fee simple or for a term of
years absolute contingently on the happening of any event; or
(a)
(b)
(a)
(b)
(i)
(ii)
(iii)
(c)
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LAND TITLE REGISTRATION ACT 2011
charged, whether voluntarily or in consideration of marriage or by way of
family arrangement, and whether immediately or after an interval, with the
payment of any rentcharge for the life of any person, or any less period,
or of any capital, annual, or periodical sums for the portions, advancement,
maintenance, or otherwise for the benefit of any persons, with or without
any terms of years for securing or raising the same;
“settlement beneficiaries” means the persons who fall within paragraphs (a) to (d)
in the definition of “settlement” in this section;
“statement of truth” means an evidentiary statement that is not required to be
administered or taken by a commissioner for oaths;
“tenant in common” means a person holding, together with one or more persons,
a registrable estate in undivided shares;
“threshold term” means a period of five years or such shorter period of at least
three years as rules may provide;
“unilateral notice” means a notice entered in the register in pursuance of an
application under section 52(2)(b);
“valuable consideration” does not include marriage consideration or a nominal
consideration in money.
In subsection (1), in the definition of “demesne land”, the reference to land
vested in Her Majesty does not include land in relation to which a freehold estate in land
has determined, but in relation to which there has been no act of entry or management by
the Crown.
References to an interest affecting an estate or charge are to an adverse right
affecting the title to the estate or charge.
References to the right to object to an application to the registrar are to the
right under section 92.
For the purposes of this Act, land is in the possession of the owner of a
registered estate in land if it is physically in the owner’s possession, or in that of a person
who is entitled to be registered as the owner of the registered estate.
In the case of the following relationships, land which is (or is treated as being)
in the possession of the second-mentioned person is to be treated for the purposes of
subsection (5) as in the possession of the first-mentioned person—
landlord and tenant;
chargor and chargee (or mortgagor and mortgagee);
licensor and licensee;
(d)
(2)
(3)
(4)
(5)
(6)
(a)
(b)
(c)
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LAND TITLE REGISTRATION ACT 2011
trustee and beneficiary.
PART 2
LAND TITLE REGISTRY OFFICE
Establishment of Land Title Registry Office
There is established a Government Department to be known as the Land Title
Registry Office (LTRO) which is charged with performing the functions assigned to it under
this Act.
The LTRO shall consist of a public officer who shall be known as the Land Title
Registrar and such number of other public officers as may be required.
General powers of registrar
In addition to any other powers conferred on the registrar by this Act the
registrar may, in pursuance of his or her functions—
by notice in writing require any person to produce any instrument,
certificate or other document or plan relating to any land, lease or charge
with which the registrar is concerned on or before a date specified in the
notice, or such later date as the registrar may allow;
by notice in writing summon any person to appear on or before a date
specified in the notice, or such later date as the registrar may allow, and
give any information or explanation that the registrar may require
respecting any land, lease or charge with which the registrar is concerned,
or any instrument, certificate or other document or plan relating to such
land, lease or charge;
refuse to proceed with any registration if any instrument, certificate 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;
refuse to proceed with any application or provide any service requested
unless such fee as may be prescribed has been paid;
require any evidence, information or explanation to be verified—
on oath or by an affirmation; or
instead of an oath or affirmation, by a statement of truth in such form
as the registrar may determine;
administer oaths and affirmations;
(d)
4 (1)
(2)
5 (1)
(a)
(b)
(c)
(d)
(e)
(i)
(ii)
(f)
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LAND TITLE REGISTRATION ACT 2011
order that the costs, charges and expenses incurred by the LTRO or by any
person in connection with any investigation or hearing held by the registrar
for the purpose of this Act shall be borne and paid by such person in such
manner and in such proportions as the registrar may think fit, and the
amount of any such costs, charges and expenses shall be deemed to be a
fee to which the provisions of this Act in relation to fees shall apply;
order that any land be surveyed or resurveyed, and authorize any person
to enter any land for the purposes of conducting such a survey.
Where the registrar makes an order under subsection (1)(h) in relation to any
land and it appears to the registrar that—
the land, or any part of it, is occupied by any person; or
any person is an estate owner in relation to the land, or any part of it,
the registrar may only exercise the power conferred by subsection (1)(h) to authorize entry
onto the land after having first given at least one month’s notice to each such person of
the making of the order and the intention to authorize entry onto the land.
The following shall be enforceable as an order of the court—
a requirement under subsection (1)(a);
a summons under subsection (1)(b);
an order under subsection (1)(g).
A person aggrieved by—
a requirement under subsection (1)(a);
a summons under subsection (1)(b);
an order under subsection (1)(g); or
an order under subsection (1)(h),
may appeal to the court, which may make any order which appears appropriate.
Sections 119 and 120 of the Criminal Code Act 1907 (perjury) apply to any
person who—
gives information or explanation under subsection (1)(b) that the person
knows to be false or does not believe to be true; or
makes an oath, affirmation or statement of truth under subsection (1)(e)
or (1)(f) that contains evidence, information or explanation that the person
knows to be false or does not believe to be true,
(g)
(h)
(2)
(a)
(b)
(3)
(a)
(b)
(c)
(4)
(a)
(b)
(c)
(d)
(5)
(a)
(b)
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LAND TITLE REGISTRATION ACT 2011
as they apply to a person who, in any judicial proceeding, knowingly gives false testimony
or wilfully gives testimony which the person does not believe to be true.
Indemnity of officers
The registrar shall not, nor shall any other officer of the LTRO, be liable to any
action or proceeding for or in respect of any act or matter done or omitted to be done in
good faith in the exercise or supposed exercise of their functions under this Act.
Seal of registry
The LTRO may have a seal, and every instrument purporting to bear the imprint
of such seal shall be received in evidence and, unless the contrary is shown, shall be deemed
without further proof to be issued by or under the direction of the registrar.
PART 3
FEES AND INDEMNITY
Payment of fees
A person lodging an application with the registrar shall remit to the registrar
with the application such fee as may be prescribed under the Government Fees Act 1965.
A person requesting information or a service from the registrar shall remit to
the registrar with the request such fee as may be prescribed under the Government Fees
Act 1965.
Power to prescribe fees
In exercising power under the Government Fees Act 1965 to prescribe fees in
respect of the performance of any functions under this Act or in respect of any matters
incidental to the performance of any such functions, the Minister of Finance may, to the
extent he or she considers appropriate, arrange that the income arising from the fees so
prescribed is sufficient, taking one year with another—
to discharge the expenses incidental to the working of this Act; and
to provide such amounts from time to time as he or she considers
reasonable for the purpose of establishing and maintaining the Indemnity
Fund.
Indemnity Fund
There is established a fund to be known as the Land Title Registration
Indemnity Fund.
The Minister of Finance shall, after consultation with the registrar, pay from
the Consolidated Fund into the Indemnity Fund such sums from time to time as in his or
6
7
8 (1)
(2)
9
(a)
(b)
10 (1)
(2)
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LAND TITLE REGISTRATION ACT 2011
her opinion are sufficient to ensure that, as far as practicable, any valid claims for indemnity
arising under this Act may be satisfied out of the Indemnity Fund.
Indemnities
Schedule 1 (which makes provision for the payment of indemnities by the
registrar) has effect.
Any indemnities payable under Schedule 1 shall be paid—
out of the Indemnity Fund; or
if and to the extent that the amount held in the Indemnity Fund is
insufficient, out of the Consolidated Fund.
Reinsurance arrangements
The registrar may, with the written consent of the Minister and the Minister of
Finance (but not otherwise), enter into arrangements with one or more institutions to which
this section applies that have the effect of insuring the liability of the registrar to pay
indemnities under this Act, or some part of that liability.
Any premiums payable by the registrar in respect of any arrangements referred
to in subsection (1) shall be paid out of the Indemnity Fund.
Any amounts recoverable from an institution under any arrangements referred
to in subsection (1) shall be paid into the Indemnity Fund.
An institution is one to which this section applies if it is registered as an insurer
under the Insurance Act 1978, or is authorized to provide insurance under equivalent
legislation in another jurisdiction.
PART 4
RECONCILIATION WITH OTHER LAWS
Status of the Act
Except as otherwise provided in this Act, no other law and no practice or
procedure relating to land shall apply to land registered under this Act so far as it is
inconsistent with this Act.
Except where a contrary intention appears, nothing 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
consent or approval of any authority to any dealing or requiring the licence, consent or
approval of the Governor or any other authority to hold land.
11 (1)
(2)
(a)
(b)
12 (1)
(2)
(3)
(4)
13 (1)
(2)
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LAND TITLE REGISTRATION ACT 2011
Application of Act
This Act does not affect the law of property in Bermuda as it applies to estates,
interests or dealings in land that are not registered or required to be registered under this
Act.
PART 5
MAPS AND BOUNDARIES
Index Map
The registrar shall keep an index map, to be known as the Land Title Registry
Index Map for the purposes referred to in subsection (4).
The Index Map shall comprise—
a map or series of maps of such quality, scale, coverage and content as
the registrar is satisfied will, with the information and data referred to in
paragraph (b), enable the Index Map to fulfil its purposes; and
such information and data supplemental to the map or series of maps
referred to in paragraph (a) as the registrar considers necessary to enable
the Index Map to fulfil its purposes.
The Index Map may be kept in electronic form or such other form or mixture
of forms as the registrar may determine.
The purposes for which the Index Map is to be kept are—
in relation to any parcel of land, to enable the following matters to be
ascertained—
whether any registered estate relates to the land;
how any registered estate that relates to the land is identified for the
purposes of the register;
whether the land is affected by any, and if so, what, caution against
first registration; and
such other matters as rules may provide.
subject to section 17(2), in relation to each registered estate, to record the
extent and location of the land comprised in the registered estate;
in relation to each caution against first registration, to record the general
extent and location of the land affected by it; and
such other purposes as rules may provide.
14
15 (1)
(2)
(a)
(b)
(3)
(4)
(a)
(i)
(ii)
(iii)
(iv)
(b)
(c)
(d)
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LAND TITLE REGISTRATION ACT 2011
Maintenance of the Index Map
The registrar may cause to be made a survey of any land for the purposes
of—
compiling, maintaining and updating the Index Map;
processing any application made to the registrar under this Act.
The registrar may, at any time, revise the Index Map or any part of it and may
omit from the Index Map any matter that the registrar considers obsolete.
Indicative boundaries
The boundary of a registered estate as shown for the purposes of the register
is an indicative boundary.
An indicative boundary does not determine the exact line of the boundary of
the registered estate.
Subsections (1) and (2) apply to the boundaries of—
any registered estate; or
the land affected by any caution against first registration,
shown on the Index Map or any plan derived from the Index Map.
PART 6
THE REGISTERS
Registers
The registrar shall establish and maintain two registers, namely—
the land title register which shall consist of the individual registers
described in section 19; and
the cautions register which shall consist of the individual registers
described in section 20.
The registers may be kept in electronic form or such other form or mixture of
forms as the registrar may determine.
Land title register
The land title register shall include an individual register for each registered
estate.
Each individual register shall be divided into three sections as follows—
16 (1)
(a)
(b)
(2)
17 (1)
(2)
(3)
(a)
(b)
18 (1)
(a)
(b)
(2)
19 (1)
(2)
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LAND TITLE REGISTRATION ACT 2011
the property section, containing—
a brief description of the land comprised in the registered estate;
a reference to the relevant details in the Index Map;
in the case of a rentcharge created by an instrument, sufficient
particulars of the instrument to enable it to be identified;
particulars of the appurtenances ascertained by the registrar to benefit
the registered estate;
any matter otherwise required to be entered in another section of the
register which the registrar considers may more conveniently be
entered in the property section;
such other entries as this Act may require or permit or rules may
prescribe;
the proprietorship section, containing—
the name of the owner of the registered estate;
at least one address for the owner of the registered estate to which
communications from the registrar may be sent;
any restriction relating to the registration of dispositions of the
registered estate;
any bankruptcy notice entered in relation to the registered estate;
a statement as to whether the title is absolute or provisional;
where the title is provisional, the reason or reasons for registering the
title as such;
where practicable, on first registration of a registrable estate or the
registration of a leasehold estate granted out of a registered title or a
subsequent change of owner of a registered estate, a note of the price
paid or value declared for that estate;
any matter otherwise required to be entered in another section of the
register which the registrar considers may more conveniently be
entered in the proprietorship section;
such other entries as this Act may require or permit or rules may
prescribe; and
the incumbrances section, containing—
details of any registered charge sufficient to enable it to be identified;
(a)
(i)
(ii)
(iii)
(iv)
(v)
(vi)
(b)
(i)
(ii)
(iii)
(iv)
(v)
(vi)
(vii)
(viii)
(ix)
(c)
(i)
16
LAND TITLE REGISTRATION ACT 2011
the name of the owner of any registered charge;
at least one address for the owner of any registered charge to which
communications from the registrar may be sent;
any restriction relating to the registration of dispositions of a registered
charge;
any notice, other than a notice referred to in paragraph (b)(iv);
any matter otherwise required to be entered in another section of the
register which the registrar considers may more conveniently be
entered in the incumbrances section;
such other entries as this Act may require or permit or rules may
prescribe.
The registrar may cancel any entry in the register on being satisfied that it has
ceased to have any effect.
In relation to an entry made under subsection (2)(b)(vii)—
it may be subsequently modified as the registrar may consider appropriate
to reflect any other change in the register;
the registrar shall cancel it when there is some change in the register which
the registrar considers would result in the entry becoming misleading;
where it is cancelled it may be replaced by such further entry as the
registrar considers to be appropriate.
Cautions register
Subject to subsection (2), the cautions register shall include an individual
register for each caution against the first registration of title to an unregistered estate.
On registration of a caution, the registrar may open an individual register for
each separate area of land affected by the caution as the registrar may determine.
Each individual register shall be divided into two sections as follows—
the caution property section, containing—
a brief description of the land which the cautioner claims to be the
owner of, or in which the cautioner claims to be interested;
a reference to the relevant details in the Index Map;
where the land referred to in sub-paragraph (i) is a leasehold estate,
sufficient particulars of the lease to enable it to be identified;
particulars of the estate or interest claimed by the cautioner;
(ii)
(iii)
(iv)
(v)
(vi)
(vii)
(3)
(4)
(a)
(b)
(c)
20 (1)
(2)
(3)
(a)
(i)
(ii)
(iii)
(iv)
17
LAND TITLE REGISTRATION ACT 2011
such other entries as rules may prescribe; and
the cautioner section, containing—
the name of the cautioner;
at least one address for the cautioner to which communications from
the registrar may be sent;
particulars of any person whose consent to the lodging of the caution
has been notified to the registrar; and
such other entries as rules may prescribe.
PART 7
FIRST REGISTRATION
Voluntary Registration
When title may be registered
This section applies to any unregistered registrable estate which is—
an estate in land;
a rentcharge; or
a profit à prendre in gross.
Subject to the following provisions of this Part, a person may apply to the
registrar to be registered as the registered owner of an estate to which this section applies
if—
the estate is vested in him; or
he is entitled to require the estate to be vested in him.
Subject to subsection (4), an application under subsection (2) in respect of a
leasehold estate may only be made if the estate was granted for a term of which more than
the threshold term is unexpired.
In the case of an estate in land, subsection (3) does not apply if the right to
possession under the lease is discontinuous.
A person may not make an application under subsection (2)(a) in respect of
an estate vested in him as a mortgagee where there is a subsisting right of redemption,
but instead the provisions of section 23 apply.
(v)
(b)
(i)
(ii)
(iii)
(iv)
21 (1)
(a)
(b)
(c)
(2)
(a)
(b)
(3)
(4)
(5)
18
LAND TITLE REGISTRATION ACT 2011
A person may not make an application under subsection (2)(b) if the person’s
entitlement is as a person who has contracted to buy under a contract.
If a person holds in the same right both—
a lease in possession; and
a lease to take effect in possession on, or within a month of, the end of
the lease in possession,
then, to the extent that they relate to the same land, they are to be treated for the purposes
of this section as creating one continuous term.
Legal tenancies in common
This section applies where a registrable estate is held by two or more persons
in undivided shares (whether or not any particular undivided share is vested in two or more
persons as joint tenants).
In relation to any registrable estate that is held in undivided shares—
the tenants in common holding all such shares (including in a case where
any undivided shares are vested in two or more persons as joint tenants,
all those persons) have a joint right to apply under section 21;
subject to subsection (3), no application may be made under section 21
by—
a sole tenant in common; or
two or more persons who do not together hold all the shares.
Where rules so provide, but not otherwise—
a tenant in common holding an undivided share that is not registered; or
two or more persons holding as joint tenants an undivided share that is
not registered,
may exercise a separate right to apply under section 21 in relation to the tenant’s, or their,
undivided share.
Where the right to apply under section 21 is exercised in accordance with
subsection (2)(a) and the registrar approves the application, the registrar shall register all
the undivided shares under a single register.
Where, in accordance with rules made under subsection (3)—
an individual tenant in common applies under section 21 in relation to the
tenant’s undivided share; or
(6)
(7)
(a)
(b)
22 (1)
(2)
(a)
(b)
(i)
(ii)
(3)
(a)
(b)
(4)
(5)
(a)
19
LAND TITLE REGISTRATION ACT 2011
two or more persons holding an undivided share as joint tenants apply
under section 21 in relation to their undivided share,
and the registrar approves the application, the registrar shall register that undivided share
under a separate register.
Where a register is created under subsection (4), the registrar shall—
include in the proprietorship section details of the ownership of each
undivided share; and
ensure that any entries in the register in respect of matters that affect only
a specific undivided share are so drawn as to confine the effect of the entry
to that share.
Where a register is created under subsection (5), the registrar shall—
include in the proprietorship section details of the ownership of the
undivided share; and
ensure that entries made in the register relate only to matters that affect
that undivided share or the land as a whole.
Persons applying in accordance with subsection (2) or rules made under
subsection (3) shall provide such information and evidence as the registrar requires to
enable the registrar to comply with subsections (6) and (7).
Estate vested in a mortgagee
This section applies where—
an unregistered registrable estate is vested in a person as mortgagee;
there is a subsisting right of redemption; and
there is a person who, if all money owing on the security of the mortgage
and all other mortgages or other charges (if any) had been discharged,
would be entitled to have the registrable estate vested in him or her.
Either—
the mortgagor; or
the mortgagee,
may apply to the registrar for the mortgagor to be registered as the registered owner of
the unregistered registrable estate referred to in subsection (1)(a).
If the registrar approves the application then, from the time at which the
application was lodged—
(b)
(6)
(a)
(b)
(7)
(a)
(b)
(8)
23 (1)
(a)
(b)
(c)
(2)
(a)
(b)
(3)
20
LAND TITLE REGISTRATION ACT 2011
the registrable estate vests in the mortgagor, subject to the charge
referred to in paragraph (b) and to all other mortgages, charges and
incumbrances to which the estate was previously subject when vested in
the mortgagee; and
there is vested in the mortgagee a charge capable of being completed by
registration, having the effect referred to in subsections (4) and (5).
On registration of the charge referred to in subsection (3)(b), there shall be
conferred on the mortgagee, by virtue of this subsection—
all the powers conferred on a mortgagee by Part IV of the Conveyancing
Act 1983; and
subject to the provisions of Part IV of the Conveyancing Act 1983, such
additional powers as were granted to the mortgagee by the instrument or
combination of instruments creating the mortgage under which the
registrable estate was previously held by the mortgagee.
The mortgagor, the mortgagee and any other parties to the instrument or
combination of instruments creating the mortgage under which the registrable estate was
previously held by the mortgagee shall continue to be bound by the provisions of that
instrument or those instruments, except only to the extent that those provisions are
inconsistent with the vesting of the registrable estate in the mortgagor in place of the
mortgagee.
In relation to any other mortgages, sub-mortgages, charges and other
incumbrances subsisting in relation to the registrable estate at the time of the application
under subsection (2), the charge referred to in subsection (3)(b) shall have the same
priority as the mortgage under which the registrable estate was previously held by the
mortgagee.
On approving the application, the registrar shall—
register the mortgagor as owner of the registrable estate;
in relation to the charge referred to in subsection (3)(b), register the
mortgagee as owner of a registered charge; and
make such other entries in the register as ensure that the registered charge
referred to in paragraph (b) is registered with the priority specified in
subsection (5) in relation to such other mortgages, sub-mortgages,
charges and other incumbrances as affect the registered estate.
In this section—
“mortgagor” means the person referred to in subsection (1)(c); and
“mortgagee” means the person referred to in subsection (1)(a).
(a)
(b)
(4)
(a)
(b)
(5)
(6)
(7)
(a)
(b)
(c)
(8)
(a)
(b)
21
LAND TITLE REGISTRATION ACT 2011
Compulsory Registration
Compulsory registration
Subject to Schedule 3, the requirement of registration applies on the
occurrence of any of the following events—
the conveyance or other transfer of a qualifying estate—
for valuable or other consideration;
by way of gift;
in pursuance of an order of the court;
in pursuance of section 27(1) of the Conveyancing Act 1983;
by estate representatives in the course of administering a deceased
person’s estate;
giving effect to a partition of land held in co-tenancy;
by a deed that appoints a new trustee or is made in consequence of
the appointment of a new trustee;
by a vesting order under section 34 of the Trustee Act 1975 that is
consequential on the appointment of a new trustee; or
by a deed executed under section 4 of the Appropriation of Escheats
Act 1870;
the grant out of a qualifying estate of an estate in land—
for a term of years absolute of more than the threshold term from the
date of the grant; and
for valuable or other consideration, by way of gift or in pursuance of
an order of the court;
the grant out of a qualifying estate of an estate in land for a term of years
absolute to take effect in possession after the end of the period of three
months beginning with the date of the grant;
the creation of a first legal mortgage of a qualifying estate.
In subsection (1)(a), the reference to transfer does not include transfer by
operation of law.
Subsection (1)(a) does not apply to—
the assignment of a mortgage otherwise than under section 27 of the
Conveyancing Act 1983; or
24 (1)
(a)
(i)
(ii)
(iii)
(iv)
(v)
(vi)
(vii)
(viii)
(ix)
(b)
(i)
(ii)
(c)
(d)
(2)
(3)
(a)
22
LAND TITLE REGISTRATION ACT 2011
the assignment or surrender of a lease to the owner of the immediate
reversion where the term is to merge in that reversion.
For the purposes of subsection (1)(a) to (c), if the estate transferred or granted
has a negative value, it is to be regarded as transferred or granted for valuable or other
consideration.
In subsection (1)(a) and (b), references to transfer or grant by way of gift
include transfer or grant for the purpose of—
constituting a trust under which the settlor does not retain the whole of
the beneficial interest; or
uniting the bare legal title and the beneficial interest in property held under
a trust under which the settlor did not, on constitution, retain the whole of
the beneficial interest.
For the purposes of subsection (1)(d), a first legal mortgage is one which, on
its creation, ranks in priority ahead of any other mortgages then affecting the mortgaged
estate.
Duty to apply for registration of title
If the requirement of registration applies otherwise than because of section
24(1)(d), the transferee or grantee, or either’s successor in title, shall, before the end of
the period for registration referred to in subsection (3), apply to the registrar to be
registered as the owner of the estate which is transferred or granted.
If the requirement of registration applies because of section 24(1)(d) the
mortgagor, or the mortgagor’s successor in title, shall, before the end of the period for
registration referred to in subsection (3), apply to the registrar to be registered as the owner
of the estate charged by the mortgage.
The period for registration is two months beginning with the date on which the
relevant event occurs, or such longer period as the registrar may allow under subsection
(4).
If on the application of any interested person the registrar is satisfied that there
is good reason for doing so, the registrar may by order extend the period for registration
to such later date as may be specified in the order.
Rules may make provision enabling the mortgagee under any mortgage falling
within section 24(1)(d) to require the estate charged by the mortgage to be registered
whether or not the mortgagor consents.
(b)
(4)
(5)
(a)
(b)
(6)
25 (1)
(2)
(3)
(4)
(5)
23
LAND TITLE REGISTRATION ACT 2011
Effect of non-compliance with section 25
If an application for registration that is required to be made under section 25(1)
or (2) is not made within the period for registration referred to in section 25(3), the transfer,
grant or the creation of a registrable estate becomes void upon the expiration of that period.
On the application of subsection (1)—
in a case falling within section 24(1)(a), the title to the registrable estate
in land reverts to the person who held it before the transfer on a bare trust
for the transferee;
in a case falling within section 24(1)(b), (c) or (d), the grant or creation
has effect as a contract made for valuable consideration to grant or create
the estate or mortgage concerned.
If an order under section 25(4) is made in a case where subsection (1) has
already applied, that application of the subsection is to be treated as not having occurred.
The possibility of reverter under subsection (1) is to be disregarded for the
purposes of determining whether a fee simple is a fee simple absolute.
Liability for making good void transfers etc.
If an estate is retransferred, regranted or recreated because of a failure to comply
with sections 25(1) or (2), the transferee, grantee or, as the case may be, the
mortgagor—
is liable to the other party for all the reasonable costs of and incidental to
the retransfer, regrant or recreation of the estate; and
is liable to indemnify the other party in respect of any other liability
reasonably incurred by him because of the failure to comply with sections
25(1) or (2).
Classes of title
Classes of title
The classes of title with which the applicant may be registered as owner on the
first registration of a registrable estate are—
absolute title; and
provisional title,
and the following provisions deal with when each of the classes of title is available.
A person may be registered with absolute title if the registrar is of the opinion
that the person’s title to the estate is such as a willing buyer could properly be advised by
a competent professional adviser to accept.
26 (1)
(2)
(a)
(b)
(3)
(4)
27
(a)
(b)
28 (1)
(a)
(b)
(2)
24
LAND TITLE REGISTRATION ACT 2011
In applying subsection (2), the registrar may disregard the fact that a person’s
title appears to him to be open to objection if the registrar is of the opinion that the defect
will not cause the holding under the title to be disturbed.
A person may be registered with provisional title if the registrar is of the
opinion—
that the person is in actual possession of the land, or in receipt of the rents
and profits of the land, by virtue of the estate; and
that the registration of the person with absolute title would not be
appropriate.
Where registration is with provisional title—
the register shall include such entry as the registrar considers appropriate
to reflect the reason why absolute title has not been granted; and
the entry made under paragraph (a) may except from the effect of
registration any estate, right or interest which the registrar considers
should be so excepted.
Effect of First Registration
Effect of first registration - freehold estates
This section is concerned with the first registration of a person as the owner
of a freehold estate.
Registration with absolute title has the effect described in subsections (3) to
(5).
The estate is vested in the owner together with all interests subsisting for the
benefit of the estate.
The estate is vested in the owner subject only to the following interests
affecting the estate at the time of registration—
interests which are the subject of an entry in the register in relation to the
estate;
unregistered interests which fall within any of the paragraphs of Schedule
2; and
interests acquired under the Limitation Act 1984 of which the owner has
notice.
If the owner is not entitled to the estate for the owner’s own benefit, or not
entitled solely for the owner’s own benefit, then, as between the owner and the persons
(3)
(4)
(a)
(b)
(5)
(a)
(b)
29 (1)
(2)
(3)
(4)
(a)
(b)
(c)
(5)
25
LAND TITLE REGISTRATION ACT 2011
beneficially entitled to the estate, the estate is vested in the owner subject to such of their
interests as the owner has notice of.
Registration with provisional title has the same effect as registration with
absolute title, except that it does not affect the enforcement of any estate, right or interest
which appears from the register to be excepted from the effect of registration.
Effect of registration - leasehold estates
This section is concerned with the first registration of a person as the owner
of a leasehold estate.
Registration with absolute title has the effect described in subsections (3) to
(5).
The estate is vested in the owner together with all interests subsisting for the
benefit of the estate.
The estate is vested subject only to the following interests affecting the estate
at the time of registration—
implied and express covenants, obligations and liabilities incident to the
estate;
interests which are the subject of an entry in the register in relation to the
estate;
unregistered interests which fall within any of the paragraphs of Schedule
2; and
interests acquired under the Limitation Act 1984 of which the owner has
notice.
If the owner is not entitled to the estate for the owner’s own benefit, or not
entitled solely for the owner’s own benefit, then, as between the owner and the persons
beneficially entitled to the estate, the estate is vested in the owner subject to such of their
interests as the owner has notice of.
Registration with provisional title has the same effect as registration with
absolute title except that it does not affect the enforcement of any estate, right or interest
which appears from the register to be excepted from the effect of registration.
Dependent estates
Appurtenant rights and charges
Rules may make provision for—
the registration of the owner of a registered estate as the owner of an
unregistered estate which subsists for the benefit of the registered estate;
(6)
30 (1)
(2)
(3)
(4)
(a)
(b)
(c)
(d)
(5)
(6)
31
(a)
26
LAND TITLE REGISTRATION ACT 2011
the registration of a person as the owner of an unregistered estate or
charge which is an incumbrance on a registered estate.
Supplementary
Rules about first registration
Rules may—
make provision about the making of applications for registration under this
Part;
make provision about the functions of the registrar following the making
of such an application, including provision about—
the examination of title; and
the entries to be made in the register where such an application is
approved;
make provision about the effect of any entry made in the register in
pursuance of such an application.
Ancillary matters
Schedule 3 has effect.
PART 8
CAUTIONS AGAINST FIRST REGISTRATION
Preliminary
In relation to a caution against first registration, the "cautioner" means the person
who lodged the caution, or such other person as rules may provide.
Right to lodge
Subject to subsection (3), a person may lodge a caution against the registration
of title to an unregistered registrable estate if the person claims to be—
the owner of a cautionable estate; or
entitled to an interest affecting a cautionable estate.
For the purposes of subsection (1), a cautionable estate is a registrable estate
which—
relates to land to which the caution relates; and
is an interest of any of the following kinds—
(b)
32
(a)
(b)
(i)
(ii)
(c)
33
34
35 (1)
(a)
(b)
(2)
(a)
(b)
27
LAND TITLE REGISTRATION ACT 2011
an estate in land;
a rentcharge; or
a profit à prendre in gross.
No caution may be lodged under subsection (1) by virtue of ownership of or
an entitlement to a registrable estate which is capable of being the subject of an application
for its registration under Part 7.
The right under subsection (1) is exercisable by application to the registrar.
Effect
Where an application for registration under Part 7 relates to an estate which is
the subject of a caution against first registration, the registrar shall give the cautioner notice
of the application and of the cautioner’s right to object to it.
The registrar may not determine an application to which subsection (1) applies
before the end of such period as rules may provide, unless the cautioner has exercised the
right to object to the application or given the registrar notice of the cautioner’s intention
not to do so.
Except as provided by this section, a caution against first registration has no
effect and, in particular, has no effect on the validity or priority of any interest of the
cautioner in the estate to which the caution relates.
For the purposes of subsection (1), notice given by a person acting on behalf
of an applicant for registration under this Part is to be treated as given by the registrar
if—
the person is of a description provided by rules; and
notice is given in such circumstances as rules may provide.
Withdrawal
The cautioner may withdraw a caution against first registration by application to
the registrar.
Cancellation
A person may apply to the registrar for cancellation of a caution against first
registration if the person is—
the owner of the estate to which the caution relates; or
a person of such other description as rules may provide.
Subject to rules, no application under subsection (1)(a) may be made by a
person who—
(i)
(ii)
(iii)
(3)
(4)
36 (1)
(2)
(3)
(4)
(a)
(b)
37
38 (1)
(a)
(b)
(2)
28
LAND TITLE REGISTRATION ACT 2011
consented in such manner as rules may provide to the lodging of the
caution; or
derives title to the estate by operation of law from a person who did so.
Where an application is made under subsection (1), the registrar shall give the
cautioner notice—
of the application;
that the cautioner has the right to object to the application before the end
of such period as rules may provide; and
of the effect of subsection (4).
If the cautioner does not exercise the right to object to the application before
the end of such period as rules may provide, the registrar shall cancel the caution.
Cautions register
Rules may make provision supplemental to section 20 about how the cautions
register is to be kept and may, in particular, make provision about—
the form in which information included in the register is to be kept; and
the arrangement of that information.
Alteration of register by court
The court may make an order for alteration of the cautions register for the
purpose of—
correcting a mistake; or
bringing the register up to date.
An order under subsection (1) has effect when served on the registrar to
impose a duty on him to give effect to it.
Rules may make provision about—
the circumstances in which there is a duty to exercise the power under
subsection (1);
the form of an order made under subsection (1); and
service of an order made under subsection (1).
Alteration of register by registrar
The registrar may alter the cautions register for the purpose of—
correcting a mistake; or
(a)
(b)
(3)
(a)
(b)
(c)
(4)
39
(a)
(b)
40 (1)
(a)
(b)
(2)
(3)
(a)
(b)
(c)
41 (1)
(a)
29
LAND TITLE REGISTRATION ACT 2011
bringing the register up to date.
Rules may make provision about—
the circumstances in which there is a duty to exercise the power under
subsection (1);
how the cautions register is to be altered in exercise of that power;
applications for the exercise of that power; and
procedure in relation to the exercise of that power, whether on application
or otherwise.
Where an alteration is made under this section, the registrar may pay such
amount as the registrar thinks fit in respect of any costs reasonably incurred by a person
in connection with the alteration.
PART 9
DISPOSITIONS OF REGISTERED LAND
Owner’s powers
An owner’s powers in relation to a registered estate consist of—
power to make a disposition of any kind permitted by the general law in
relation to an interest of that description, other than—
a mortgage by conveyance or transfer;
a mortgage by demise or sub-demise; and
a disposition that is prohibited by this Act.
power to charge the estate at law by deed expressed to be by way of legal
mortgage.
An owner’s powers in relation to a registered charge or a registered sub-charge
consist of—
power to make a disposition of any kind permitted by the general law in
relation to an interest of that description, other than a sub-mortgage by
transfer;
power to charge the registered charge at law by deed expressed to be by
way of legal mortgage or sub-mortgage.
(b)
(2)
(a)
(b)
(c)
(d)
(3)
42 (1)
(a)
(i)
(ii)
(iii)
(b)
(2)
(a)
(b)
30
LAND TITLE REGISTRATION ACT 2011
Right to exercise owner’s powers
A person is entitled to exercise owner’s powers in relation to a registered estate or
charge if the person is—
the registered owner; or
entitled to be registered as the owner.
Mode of exercise
A registrable disposition only has effect if it complies with such requirements
as to form and content as rules may provide.
Rules may apply subsection (1) to any other kind of disposition which depends
for its effect on registration.
Protection of disponee
Subject to subsections (2) and (4), a person’s right to exercise owner’s powers
in relation to a registered estate or charge is to be taken to be free from any limitation
affecting the validity of a disposition.
Subsection (1) does not apply to a limitation—
reflected by an entry in the register; or
imposed by, or under, this Act.
This section has effect only for the purpose of preventing the title of a disponee
being questioned (and so does not affect the lawfulness of a disposition).
Nothing in this section is to be taken to authorize a disposition in favour of a
person who is not permitted to acquire land in Bermuda by virtue of the Bermuda
Immigration and Protection Act 1956 or the Companies Act 1981.
Any person applying to register a disposition of—
a registered estate; or
a registered charge,
shall produce with the application such evidence as the registrar may require for the
purpose of satisfying the registrar that the disponee is authorized to acquire land in
Bermuda under the Bermuda Immigration and Protection Act 1956 or the Companies Act
1981, as the case may require.
Where an applicant fails to satisfy the registrar that the disponee of a
disposition that the applicant has applied to register is authorized to acquire land in
Bermuda in accordance with subsection (5), the registrar shall refuse to register the
disposition and shall cancel the application.
43
(a)
(b)
44 (1)
(2)
45 (1)
(2)
(a)
(b)
(3)
(4)
(5)
(a)
(b)
(6)
31
LAND TITLE REGISTRATION ACT 2011
Dispositions required to be registered
If a disposition of a registered estate or registered charge is required to be
completed by registration, it does not operate at law until the relevant registration
requirements are met.
In the case of a registered estate, the following are the dispositions which are
required to be completed by registration—
a transfer;
where the registered estate is an estate in land, the grant of a term of
years absolute—
for a term of more than the threshold term from the date of the grant;
to take effect in possession after the end of the period of three months
beginning with the date of the grant; or
under which the right to possession is discontinuous;
the express grant or reservation of an easement, right, or privilege in or
over land for an interest equivalent to an estate in fee simple absolute in
possession or a term of years absolute;
the express grant or reservation of—
a rentcharge in possession issuing out of or charged on land being
either perpetual or for a term of years absolute; or
rights of entry exercisable over or in respect of a term of years absolute,
or annexed, for any purpose, to a legal rentcharge; and
the grant of a charge by deed expressed to be by way of legal mortgage.
In the case of a registered charge, the following are the dispositions which are
required to be completed by registration—
a transfer; and
the grant of a sub-charge by deed expressed to be by way of legal
mortgage or sub-mortgage.
Schedule 4 (which deals with the relevant registration requirements) has effect.
This section applies to dispositions by operation of law as it applies to other
dispositions, but with the exception of the following—
a transfer on the death or bankruptcy of an individual owner; and
a transfer on the dissolution of a corporate owner.
46 (1)
(2)
(a)
(b)
(i)
(ii)
(iii)
(c)
(d)
(i)
(ii)
(e)
(3)
(a)
(b)
(4)
(5)
(a)
(b)
32
LAND TITLE REGISTRATION ACT 2011
Rules may make provision about applications to the registrar for the purpose
of meeting registration requirements under this section.
In subsection (2)(c), the reference to express grant does not include grant as
a result of the operation of section 7 of the Conveyancing Act 1983.
Effect of dispositions on priority: basic rule
Except as provided by sections 48 and 49, the priority of an interest affecting
a registered estate or a registered charge is not affected by a disposition of the estate or
charge.
It makes no difference for the purposes of this section whether the interest or
disposition is registered.
Effect of registered dispositions: estates
If a registrable disposition of a registered estate is made for valuable
consideration, completion of the disposition by registration has the effect of postponing to
the interest under the disposition any interest affecting the estate immediately before the
disposition whose priority is not protected at the time of registration.
For the purposes of subsection (1), the priority of an interest is protected—
in any case, if the interest—
is a registered charge or the subject of a notice in the register;
falls within any of the paragraphs of Schedule 5; or
appears from the register to be excepted from the effect of registration;
and
in the case of a disposition of a leasehold estate, if the burden of the
interest is incident to the estate.
Subsection (2)(a)(ii) does not apply to an interest which has been the subject
of a notice in the register at any time.
Where the grant of a leasehold estate out of a registered estate does not
involve a registrable disposition, this section has effect as if—
the grant involved such a disposition; and
the disposition were registered at the time of the grant.
Effect of registered dispositions: charges
If a registrable disposition of a registered charge is made for valuable
consideration, completion of the disposition by registration has the effect of postponing to
(6)
(7)
47 (1)
(2)
48 (1)
(2)
(a)
(i)
(ii)
(iii)
(b)
(3)
(4)
(a)
(b)
49 (1)
33
LAND TITLE REGISTRATION ACT 2011
the interest under the disposition any interest affecting the charge immediately before the
disposition whose priority is not protected at the time of registration.
For the purposes of subsection (1), the priority of an interest is protected—
in any case, if the interest—
is a registered charge or the subject of a notice in the register;
falls within any of the paragraphs of Schedule 5; or
appears from the register to be excepted from the effect of registration;
and
in the case of a disposition of a charge which relates to a leasehold estate,
if the burden of the interest is incident to the estate.
Subsection (2)(a)(ii) does not apply to an interest which has been the subject
of a notice in the register at any time since the coming into force of this section.
PART 10
NOTICES
Nature and effect
A notice is an entry in the register in respect of the burden of an interest
affecting a registered estate or charge.
The entry of a notice is to be made in relation to the registered estate or charge
affected by the interest concerned.
The fact that an interest is the subject of a notice does not necessarily mean
that the interest is valid, but does mean that the priority of the interest, if valid, is protected
for the purposes of sections 48 and 49.
Excluded interests
No notice may be entered in the register in respect of any of the following—
an interest under a trust or a settlement;
a leasehold estate in land which—
is granted for a term of years of three years or less from the date of
the grant; and
is not required to be registered; or
a restrictive covenant made between a lessor and lessee, so far as relating
to the demised premises.
(2)
(a)
(i)
(ii)
(iii)
(b)
(3)
50 (1)
(2)
(3)
51
(a)
(b)
(i)
(ii)
(c)
34
LAND TITLE REGISTRATION ACT 2011
Entry on application
A person who claims to be entitled to the benefit of an interest affecting a
registered estate or charge may, if the interest is not excluded by section 51, apply to the
registrar for the entry in the register of a notice in respect of the interest.
An application under this section may be for—
an agreed notice; or
a unilateral notice.
An application under this section shall be made in accordance with such rules
as may be made in this regard.
The registrar may only approve an application for an agreed notice if—
the applicant is the relevant registered owner, or a person entitled to be
registered as such owner;
the relevant registered owner, or a person entitled to be registered as such
owner, consents to the entry of the notice; or
the registrar is satisfied as to the validity of the applicant’s claim.
In subsection (1), references to the relevant registered owner are to the owner
of the registered estate or charge affected by the interest to which the application relates.
Unilateral notice
If the registrar enters a unilateral notice in the register, the registrar shall give
notice of the entry to—
the owner of the registered estate or charge to which it relates; and
such other persons as rules may provide.
A unilateral notice shall—
indicate that it is such a notice; and
identify who is the beneficiary of the notice.
The person shown in the register as the beneficiary of a unilateral notice, or
such other person as rules may provide, may apply to the registrar for the removal of the
notice from the register.
Cancellation of unilateral notices
In this section “beneficiary”, in relation to a unilateral notice, means the person
shown in the register as the beneficiary of the notice, or such other person as rules may
provide.
52 (1)
(2)
(a)
(b)
(3)
(4)
(a)
(b)
(c)
(5)
53 (1)
(a)
(b)
(2)
(a)
(b)
(3)
54 (1)
35
LAND TITLE REGISTRATION ACT 2011
A person may apply to the registrar for the cancellation of a unilateral notice
if the person is—
the registered owner of the estate or charge to which the notice relates;
or
a person entitled to be registered as the owner of that estate or charge.
Where an application is made under subsection (2), the registrar shall give the
beneficiary notice—
of the application;
that the beneficiary has the right to object to the application before the
end of such period as rules may provide; and
of the effect of subsection (4).
If the beneficiary of the notice does not exercise the right to object to the
application before the end of such period as rules may provide, the registrar shall cancel
the notice.
Unregistered interests
If it appears to the registrar that a registered estate is subject to an
unregistered interest which—
falls within any of the paragraphs of Schedule 2; and
is not excluded by section 51,
the registrar may enter a notice in the register in respect of the interest.
The registrar shall give notice of an entry under this section to such persons
as rules may provide.
Registrable dispositions
Where a person is entered in the register as the owner of an interest under a
disposition falling within section 46(2)(b) to (d), the registrar shall also enter a notice in
the register in respect of that interest.
Supplementary
Rules may make provision about the form and content of notices in the register.
(2)
(a)
(b)
(3)
(a)
(b)
(c)
(4)
55 (1)
(a)
(b)
(2)
56
57
36
LAND TITLE REGISTRATION ACT 2011
PART 11
RESTRICTIONS
Nature
The registrar may enter a restriction in the register in accordance with this Part.
A restriction may, in particular—
prohibit the making of an entry in respect of any disposition, or a
disposition of a kind specified in the restriction;
prohibit the making of an entry—
indefinitely;
for a period specified in the restriction; or
until the occurrence of an event so specified.
Without prejudice to the generality of subsection (2)(b)(iii), the events which
may be specified include—
the giving of notice;
the obtaining of consent; and
the making of an order by the court or registrar.
The entry of a restriction is to be made in relation to the registered estate or
charge to which it relates.
Effect
Where a restriction is entered in the register, no entry in respect of a disposition
to which the restriction applies may be made in the register otherwise than in accordance
with the terms of the restriction, subject to any order under subsection (2).
The registrar may, in accordance with rules, by order—
disapply a restriction in relation to a disposition specified in the order or
dispositions of a kind so specified; or
provide that a restriction has effect, in relation to a disposition specified in
the order or dispositions of a kind so specified, with modifications so
specified.
The power under subsection (2) is exercisable only on the application of a
person who appears to the registrar to have a sufficient interest in the restriction.
58 (1)
(2)
(a)
(b)
(i)
(ii)
(iii)
(3)
(a)
(b)
(c)
(4)
59 (1)
(2)
(a)
(b)
(3)
37
LAND TITLE REGISTRATION ACT 2011
Power of registrar to enter
The registrar may enter a restriction in the register upon being satisfied that it
is necessary or desirable to do so for the purpose of—
preventing invalidity or unlawfulness in relation to dispositions of a
registered estate or charge; or
protecting a right or claim in relation to a registered estate or charge.
No restriction may be entered under subsection (1)(b) for the purpose of
protecting the priority of an interest which is, or could be, the subject of a notice.
The registrar shall give notice of any entry made under this section to the owner
of the registered estate or charge concerned, except where the entry is made in pursuance
of an application under section 61.
Applications
A person may apply to the registrar for the entry of a restriction under section
60(1) if—
he is the relevant registered owner, or a person entitled to be registered
as such owner;
the relevant registered owner, or a person entitled to be registered as such
owner, consents to the application; or
he otherwise has a sufficient interest in the making of the entry.
Rules may—
require the making of an application under subsection (1) in such
circumstances, and by such person, as the rules may provide;
prescribe the form of consent for the purposes of subsection (1)(b);
provide for classes of person to be regarded as included in subsection (1)
(c);
specify standard forms of restriction.
If an application under subsection (1) is made for the entry of a restriction
which is not in a form specified under subsection (2)(d), the registrar may only approve
the application if it appears to him—
that the terms of the proposed restriction are reasonable; and
that applying the proposed restriction would—
be straightforward; and
not place an unreasonable burden on the registrar.
60 (1)
(a)
(b)
(2)
(3)
61 (1)
(a)
(b)
(c)
(2)
(a)
(b)
(c)
(d)
(3)
(a)
(b)
(i)
(ii)
38
LAND TITLE REGISTRATION ACT 2011
In subsection (1), references to the relevant registered owner are to the owner
of the registered estate or charge to which the application relates.
Notifiable applications
Where an application under section 61(1) is notifiable, the registrar shall give
notice of the application, and of the right to object to it, to—
the owner of the registered estate or charge to which it relates; and
such other persons as rules may provide.
The registrar may not determine an application to which subsection (1) applies
before the end of such period as rules may provide, unless the person, or each of the
persons, notified under that subsection has exercised the person’s right to object to the
application or given the registrar notice that the person does not intend to do so.
For the purposes of this section, an application under section 61(1) is notifiable
unless it is—
made by or with the consent of the owner of the registered estate or charge
to which the application relates, or a person entitled to be registered as
such owner;
made in pursuance of rules under section 61(2)(a); or
an application for the entry of a restriction reflecting a limitation under an
order of the court or registrar, or an undertaking given in place of such an
order.
Power of court to order entry
If it appears to the court that it is necessary or desirable to do so for the
purpose of protecting a right or claim in relation to a registered estate or charge, it may
make an order requiring the registrar to enter a restriction in the register.
No order under this section may be made for the purpose of protecting the
priority of an interest which is, or could be, the subject of a notice.
The court may include in an order under this section a direction that an entry
made in pursuance of the order is to have overriding priority.
If an order under this section includes a direction under subsection (3), the
registrar shall make such entry in the register as rules may provide.
The court may make the exercise of its power under subsection (3) subject to
such terms and conditions as it thinks fit.
Withdrawal
A person may apply to the registrar for the withdrawal of a restriction if—
(4)
62 (1)
(a)
(b)
(2)
(3)
(a)
(b)
(c)
63 (1)
(2)
(3)
(4)
(5)
64
39
LAND TITLE REGISTRATION ACT 2011
the restriction was entered in such circumstances as rules may provide;
and
the person is of such a description as rules may provide.
PART 12
CO-OWNERSHIP, TRUSTEES AND SETTLEMENTS
Creation of tenancy in common
Subject to section 66, the registered owner, or where there is more than one,
all the registered owners—
of a registered estate; or
of an undivided share in a registered estate,
may cause the registered estate or undivided share to be held in undivided shares in
accordance only with subsection (2).
For the purpose referred to in subsection (1), the registered owner or owners
may—
transfer their registered estate or undivided share, as the case may be, to
two or more persons by means of a prescribed form of transfer that
contains—
a declaration that the transferees are to hold the subject matter of the
transfer in undivided shares; and
a declaration as to the size of the undivided shares referred to in sub-
paragraph (i);
transfer to another person an undivided share in their registered estate or
undivided share, as the case may be, by means of a prescribed form of
transfer containing a declaration as to the size of the undivided share
transferred.
A transfer referred to in subsection (2) shall take effect on registration but not
otherwise and section 67 applies where application is made to register such a transfer.
Severance of joint tenancies
In this section—
“act of severance” means any disposition or voluntary action by two or
more persons holding an estate or an undivided share in land as joint
tenants, or any one of them, which would, where the estate or undivided
(a)
(b)
65 (1)
(a)
(b)
(2)
(a)
(i)
(ii)
(b)
(3)
66 (1)
(a)
40
LAND TITLE REGISTRATION ACT 2011
share is unregistered, have the effect of severing the joint tenancy and
creating a tenancy in common; and
reference to persons holding as trustees is reference to their holding the
relevant estate or undivided share on trust for the benefit, to any extent,
of some person other than themselves.
Subject to subsection (3), where—
a registered estate; or
an undivided share comprised in a registered title,
is held by two or more persons as joint tenants, no act of severance by them, or any one
or more of them, shall have any effect to sever the joint tenancy.
Where—
a registered estate; or
an undivided share comprised in a registered title,
is held by two or more persons as joint tenants, otherwise than as trustees, they may
voluntarily sever the joint tenancy only in such manner as rules may provide.
Subsection (2) does not prevent the severance of a joint tenancy by the
occurrence of any event other than an act of severance, such as the bankruptcy of a joint
tenant.
Where a joint tenancy is severed in accordance with subsection (3) any one or
more of the persons who have effected the severance, or the successors in title to such a
person, may apply to the registrar for the effect of the severance to be entered in the
relevant register.
Where—
application is made under subsection (5) and the registrar approves the
application; or
the registrar is notified of the occurrence of an event such as is referred
to in subsection (4),
the registrar shall so alter the register of the relevant title as to record the effect of the
severance that has taken place.
Registration of tenancies in common of registered estates
This section applies where a registered estate is held, or on registration of a
registrable disposition will be held, by two or more persons in undivided shares (whether
or not any particular undivided share is vested in two or more persons as joint tenants).
(b)
(2)
(a)
(b)
(3)
(a)
(b)
(4)
(5)
(6)
(a)
(b)
67 (1)
41
LAND TITLE REGISTRATION ACT 2011
Subject to subsection (3), where any registered estate is held in undivided
shares, the registrar shall register all the undivided shares under a single register.
Where rules so provide—
a person holding an undivided share in a registered estate; or
two or more persons holding an undivided share in a registered estate as
joint tenants,
may apply to the registrar to register that undivided share under a separate register and,
provided the application complies with such rules, the registrar shall register the undivided
share accordingly.
Where the registration is effected under subsection (2), the registrar shall—
include in the proprietorship section details of the ownership of each
undivided share; and
ensure that any entries in the register in respect of matters that affect only
a specific undivided share are so drawn as to confine the effect of the entry
to that share.
Where the registration is effected under subsection (3), the registrar shall—
include in the proprietorship section details of the ownership of the
undivided share; and
ensure that entries made in the register relate only to matters that affect
that undivided share or the land as a whole.
Trustees as registered owners
An application to register any registrable disposition shall be accompanied by
a certificate in such form as the registrar may determine and signed by an attorney, an
oath or affirmation by the applicant, or a statement of truth in a form determined by the
registrar and signed by the applicant, which—
confirms that the person to whom the disposition has been made will not
hold the subject matter of the disposition as trustee of a trust; or
confirms—
that the person to whom the disposition has been made will hold the
subject matter of the disposition as trustee of a trust;
whether the instrument, if any, creating the trust, confers on the
trustee of the trust powers additional to those conferred on him by the
Trustee Act 1975 and, if so, states what those additional powers are,
and
(2)
(3)
(a)
(b)
(4)
(a)
(b)
(5)
(a)
(b)
68 (1)
(a)
(b)
(i)
(ii)
42
LAND TITLE REGISTRATION ACT 2011
whether or not the instrument, if any, creating the trust, expresses a
contrary intention such as is referred to in section 2(2) of the Trustee
Act 1975 and, if so, states the terms in which the contrary intention is
expressed.
Where a registered estate or a registered charge becomes subject to a trust
otherwise than as the result of a registrable disposition, the registered owner of the
registered estate or the registered charge, as the case may be, shall lodge with the registrar
a certificate in such form as the registrar may determine and signed by an attorney, an
oath or affirmation by the applicant, or a statement of truth in a form determined by the
registrar and signed by the applicant, which confirms—
that the registered owner holds the registered estate or the registered
charge, as the case may be, as trustee of a trust;
whether the instrument, if any, creating the trust, confers on the trustee
of the trust powers additional to those conferred on him by the Trustee
Act 1975 and, if so, states what those additional powers are; and
whether the instrument, if any, creating the trust, expresses a contrary
intention such as is referred to in section 2(2) of the Trustee Act 1975 and,
if so, states the terms in which the contrary intention is expressed.
Where a certificate, affirmation or oath under subsection (1) or (2) confirms
that a registered estate or a registered charge is to be held by the trustee of a trust, the
registrar may enter in the register such restriction, if any, as the registrar considers to be
appropriate to reflect any limitation on the trustee’s powers of disposition, having regard
to—
the powers conferred on a trustee by the Trustee Act 1975; and
any statement made in the certificate, affirmation, oath or statement under
subsection (1)(b)(ii) or (iii) or subsection (2)(b) or (c) as to matters
contained in the instrument, if any, creating the trust.
Save as required by this section, the registrar shall not be concerned with the
terms of any trust affecting a registered estate or a registered charge.
Settlement of registered estates
In this section a registered estate held upon the “statutory trusts” shall be held
upon trust to sell the same and to stand possessed of the net proceeds of sale, after
payment of costs, and of the net rents and profits until sale after payment of rates, taxes,
costs of insurance, repairs, and other outgoings, upon such trusts, and subject to such
powers and provisions, as may be requisite for giving effect to the rights of the persons
interested in the land.
(iii)
(2)
(a)
(b)
(c)
(3)
(a)
(b)
(4)
69 (1)
43
LAND TITLE REGISTRATION ACT 2011
A settlement may only be created in relation to a registered estate in
accordance with this section and any instrument or combination of instruments purporting
to create a settlement in relation to a registered estate in any other way shall be of no
effect.
A settlement may be created in relation to a registered estate by means of an
instrument or combination of instruments by which—
the registered owner holds the registered estate as trustee upon the
statutory trusts; and
the interests of the settlement beneficiaries do not take effect at law but
only as equitable interests under the statutory trusts.
Subsections (1), (3) and (4) of section 68 apply to a registrable disposition that
is an instrument or one of a combination of instruments to which subsection (3) refers to
as they do to any other registrable disposition.
Subsections (2) to (4) of section 68 apply where a settlement is created in
relation to a registered estate by means of an instrument or combination of instruments
that do not include a registrable disposition as they apply where a registered estate
becomes subject to any other trust otherwise than as the result of a registrable disposition.
PART 13
CHARGES
Registered charges
Subject to rules made under subsection (2), registered charges on the same
registered estate, or on the same registered charge, are to be taken to rank as between
themselves in the order shown in the register.
Rules may make provision about—
how the priority of registered charges as between themselves is to be
shown in the register; and
applications for registration of the priority of registered charges as between
themselves.
Tacking and further advances
The owner of a registered charge that is expressed to secure further advances
may make a further advance on the security of the charge ranking in priority to a
subsequent charge if the owner has not received from the subsequent chargee notice of
the creation of the subsequent charge.
(2)
(3)
(a)
(b)
(4)
(5)
70 (1)
(2)
(a)
(b)
71 (1)
44
LAND TITLE REGISTRATION ACT 2011
Notice given for the purposes of subsection (1) shall be treated as received at
the time when, in accordance with rules, it ought to have been received.
The owner of a registered charge may also make a further advance on the
security of the charge ranking in priority to a subsequent charge if—
the advance is made in pursuance of an obligation; and
at the time of the creation of the subsequent charge the obligation was
entered in the register in accordance with rules.
The owner of a registered charge may also make a further advance on the
security of the charge ranking in priority to a subsequent charge if—
the parties to the prior charge have agreed a maximum amount for which
the charge is security; and
at the time of the creation of the subsequent charge the agreement was
entered in the register in accordance with rules.
Rules may—
disapply subsection (4) in relation to charges of a description specified in
the rules; or
provide for the application of that subsection to be subject, in the case of
charges of a description so specified, to compliance with such conditions
as may be so specified.
Except as provided by this section, tacking in relation to a charge over
registered land is only possible with the agreement of the subsequent chargee.
Effect of completion by registration
On completion of the relevant registration requirements, a charge created by
means of a registrable disposition of a registered estate has effect, if it would not otherwise
do so, as a charge by deed by way of legal mortgage, that is to say a charge to which the
following subsections apply.
Subject to section 44 and subsection (3), on registration as a registered charge
of a charge by deed by way of legal mortgage, there shall be conferred on the registered
owner of the charge—
all the powers conferred on a mortgagee by Part IV of the Conveyancing
Act 1983; and
subject to the provisions of Part IV of the Conveyancing Act 1983, such
additional powers as were granted to the mortgagee by the instrument or
combination of instruments creating the charge.
(2)
(3)
(a)
(b)
(4)
(a)
(b)
(5)
(a)
(b)
(6)
72 (1)
(2)
(a)
(b)
45
LAND TITLE REGISTRATION ACT 2011
The powers conferred by subsection (2) are subject to any entry in the register
to the contrary.
In the absence from the register of any entry to the contrary, such as is referred
to in subsection (3), that subsection has effect only for the purpose of preventing the title
of a disponee being questioned (and so does not affect the lawfulness of a disposition).
Powers of sub-chargee
The registered owner of a sub-charge has, in relation to the property subject to
the principal charge or any intermediate charge, the same powers as the sub-chargor.
Proceeds of sale: chargee’s duty
For the purposes of section 32(3) of the Conveyancing Act 1983 (mortgagee’s
duties in relation to application of proceeds of sale), in its application to the proceeds of
sale of registered land, a person shall be taken to have notice of anything in the register
immediately before the disposition on sale.
Receipt in case of co-tenancy
Where a charge is registered in the name of co-tenants, a valid receipt for the
money secured by the charge may be given by—
the registered owners;
the survivors or survivor of the registered owners; or
the estate representative of the last survivor of the registered owners.
Entry of right of consolidation
Rules may make provision about entry in the register of a right of consolidation in
relation to a registered charge.
Power to create mortgages under the general law
Any power under the law of Bermuda to create a mortgage by conveyance or
transfer, with provision for reconveyance on redemption shall, where the property to be
mortgaged is registered land, be treated as a power to create a charge by deed by way of
legal mortgage in relation to that registered land.
Subsection (1) applies to any mortgage created by or pursuant to an order of
the court as it does to other mortgages.
(3)
(4)
73
74
75
(a)
(b)
(c)
76
77 (1)
(2)
46
LAND TITLE REGISTRATION ACT 2011
PART 14
REGISTRATION - GENERAL
Conclusiveness of registration as owner
If, on the entry of a person in the register as the owner of an estate, the estate
would not otherwise be vested in him, it shall be deemed to be vested in him as a result of
the registration.
Subsection (1) does not apply where the entry is made in pursuance of a
registrable disposition in relation to which some other registration requirement remains to
be met.
Dependent estates
The entry of a person in the register as the owner of a legal interest which
subsists for the benefit of a registered estate shall be made in relation to that estate.
The entry of a person in the register as the owner of a charge on a registered
estate shall be made in relation to that estate.
The entry of a person in the register as the owner of a sub-charge on a
registered charge shall be made in relation to that charge.
Accretion and diluvion
The fact that a registered estate in land is shown in the register as having a
particular indicative boundary does not affect the operation of accretion or diluvion.
An agreement about the operation of accretion or diluvion in relation to a
registered estate in land has effect only if registered in accordance with rules.
Power to upgrade title
Subject to subsection (2), where the title to a freehold estate is entered in the
register as provisional, the registrar may enter it as absolute upon being satisfied as to the
title to the estate.
Where the title to a freehold estate has been entered in the register as
provisional for at least twenty years, the registrar may enter it as absolute upon being
satisfied that—
the registered owner is in possession of the land; and
the right of any other person to bring an action to recover the land has
been extinguished under section 16 of the Limitation Act 1984.
78 (1)
(2)
79 (1)
(2)
(3)
80 (1)
(2)
81 (1)
(2)
(a)
(b)
47
LAND TITLE REGISTRATION ACT 2011
Where the title to a leasehold estate is entered in the register as provisional,
the registrar may enter it as absolute upon being satisfied both as to the title to the estate
and as to the superior title.
None of the powers under subsections (1) to (3) are exercisable if there is
outstanding any claim adverse to the title of the registered owner which is made by virtue
of an estate, right or interest whose enforceability is preserved by virtue of the existing
entry about the registration of the title as provisional.
The only persons who may apply to the registrar for the exercise of any of the
powers under subsections (1) to (3) are—
the owner of the estate to which the application relates;
a person entitled to be registered as the owner of that estate;
the owner of a registered charge affecting that estate; and
a person interested in a registered estate which derives from that estate.
In determining for the purposes of subsections (1) and (3) whether any title is
satisfactory, the registrar is to apply the same standards as those which apply under section
28 to first registration of title.
On the title to a registered estate being entered under this section as absolute,
the owner ceases to hold the estate subject to any estate, right or interest whose
enforceability was preserved by virtue of the previous entry about the registration of the
title as provisional.
Use of register to record defects in title
If it appears to the registrar that a right to determine a registered estate in
land is exercisable, the registrar may enter the fact in the register.
Rules may make provision about entries under subsection (1) and may, in
particular, make provision about—
the circumstances in which there is a duty to exercise the power conferred
by that subsection;
how entries under that subsection are to be made; and
the removal of such entries.
Alteration of register
Schedule 6 (which makes provision about alteration of the register) has effect.
Inspection of registers etc.
Any person may inspect and make copies of, or of any part of—
(3)
(4)
(5)
(a)
(b)
(c)
(d)
(6)
(7)
82 (1)
(2)
(a)
(b)
(c)
83
84 (1)
48
LAND TITLE REGISTRATION ACT 2011
the land title register;
any document kept by the registrar which is referred to in the land title
register;
any other document kept by the registrar which relates to an application
made under this Act; or
the cautions register.
The right under subsection (1) is subject to rules which may, in particular—
provide for exceptions to the right; and
impose conditions on its exercise, including conditions requiring the
payment of fees.
Official copies of registers etc.
An official copy of, or of a part of—
the land title register;
any document which is referred to in the land title register and kept by the
registrar;
any other document kept by the registrar which relates to an application
made under this Act; or
the cautions register,
is admissible in evidence to the same extent as the original.
A person who relies on an official copy in which there is a mistake is not liable
for loss suffered by another by reason of the mistake.
Rules may make provision for the issue of official copies and may, in particular,
make provision about—
the form of official copies;
who may issue official copies;
applications for official copies; and
the conditions to be met by applicants for official copies, including
conditions requiring the payment of fees.
Historical information
The registrar may on application provide information about the history of a
registered title.
(a)
(b)
(c)
(d)
(2)
(a)
(b)
85 (1)
(a)
(b)
(c)
(d)
(2)
(3)
(a)
(b)
(c)
(d)
86 (1)
49
LAND TITLE REGISTRATION ACT 2011
Rules may make provision about applications for the exercise of the power
conferred by subsection (1).
The registrar may—
arrange for the provision of information about the history of registered
titles; and
authorize anyone who has the function of providing information under
paragraph (a) to have access on such terms as the registrar thinks fit to
any relevant information kept by him.
Official searches
Rules may make provision for official searches of the register, including searches
of pending applications for first registration, and may, in particular, make provision
about—
the form of applications for searches;
the manner in which such applications may be made;
the form of official search certificates; and
the manner in which such certificates may be issued.
Priority protection
For the purposes of this section, an application for an entry in the register is
protected if—
it is one to which a priority period relates; and
it is made before the end of that period.
Where an application for an entry in the register is protected, any entry made
in the register during the priority period relating to the application is postponed to any entry
made in pursuance of it.
Subsection (2) does not apply if—
the earlier entry was made in pursuance of a protected application; and
the priority period relating to that application ranks ahead of the one
relating to the application for the other entry.
Subsection (2) does not apply if the earlier entry is one to which a direction
under section 63(3) applies.
The registrar may defer dealing with an application for an entry in the register
if it appears to the registrar that subsection (2) might apply to the entry if it were to be
made.
(2)
(3)
(a)
(b)
87
(a)
(b)
(c)
(d)
88 (1)
(a)
(b)
(2)
(3)
(a)
(b)
(4)
(5)
50
LAND TITLE REGISTRATION ACT 2011
Rules may—
make provision for priority periods in connection with—
official searches of the register, including searches of pending
applications for first registration; or
the noting in the register of a contract for the making of a registrable
disposition;
make provision for the keeping of records in relation to priority periods and
the inspection of such records.
Rules under subsection (6)(a) may, in particular, make provision about—
the commencement and length of a priority period;
the applications for registration to which such a period relates;
the order in which competing priority periods rank; and
the application of subsections (2) and (3) in cases where more than one
priority period relates to the same application.
Duty to disclose unregistered interests
Where rules so provide—
a person applying for registration under Part 7 shall provide to the registrar
such information as the rules may provide about any interest affecting the
estate to which the application relates which—
falls within any of the paragraphs of Schedule 2; and
is of a description specified by the rules;
a person applying to register a registrable disposition of a registered estate
shall provide to the registrar such information as the rules may provide
about any unregistered interest affecting the estate which—
falls within any of the paragraphs of Schedule 5; and
is of description specified by the rules.
Effective date of registration
An entry made in the register in pursuance of—
an application for registration of an unregistered registrable estate; or
an application for registration in relation to a disposition required to be
completed by registration,
(6)
(a)
(i)
(ii)
(b)
(7)
(a)
(b)
(c)
(d)
89
(a)
(i)
(ii)
(b)
(i)
(ii)
90 (1)
(a)
(b)
51
LAND TITLE REGISTRATION ACT 2011
has effect from the time of the making of the application.
Rules may make provision about how the time of the making of an application
is to be determined.
Duty to act reasonably
A person shall not exercise any of the following rights without reasonable
cause—
the right to lodge a caution under section 35;
the right to apply for the entry of a notice or restriction; and
the right to object to an application to the registrar.
The duty under this section is owed to any person who suffers damage in
consequence of its breach.
PART 15
OBJECTIONS AND ADJUDICATION
Objections
Subject to subsections (2) and (3), anyone may object to an application to the
registrar.
In the case of an application under section 38, only the person who lodged the
caution to which the application relates, or such other person as rules may provide, may
object.
In the case of an application under section 54, only the person shown in the
register as the beneficiary of the notice to which the application relates, or such other
person as rules may provide, may object.
The right to object under this section is subject to rules.
Where an objection is made under this section, the registrar—
shall give notice of the objection to the applicant; and
may not determine the application until the objection has been disposed
of.
Subsection (5) does not apply if the objection is one which the registrar is
satisfied is groundless.
If it is not possible to dispose by agreement of an objection to which subsection
(5) applies, the registrar shall require the objection to be disposed of—
(2)
91 (1)
(a)
(b)
(c)
(2)
92 (1)
(2)
(3)
(4)
(5)
(a)
(b)
(6)
(7)
52
LAND TITLE REGISTRATION ACT 2011
by adjudication in accordance with section 93; or
by reference to the court in accordance with section 94.
The registrar may not require an objection to be disposed of by adjudication
in accordance with section 93, and shall therefore require it to be disposed of by reference
to the court in accordance with section 94, where—
the applicant or the objector claims; or
the registrar considers,
the matter is one in relation to which any person may be entitled to claim indemnity under
Schedule 1 when the objection has been disposed of.
Adjudication
This section applies where the registrar requires an objection to be disposed
of by adjudication under section 92(7)(a).
In this section “qualified person” has the same meaning as in section 51(1) of
the Supreme Court Act 1905.
In this section and in sections 94 to 96 “adjudicator” in relation to the disposal
of an objection is the person appointed to dispose of it under subsection (4).
Where an objection is required under section 92(7)(a) to be disposed of by
adjudication in accordance with this section, the registrar shall appoint a suitable person to
act as adjudicator in relation to the disposal of the objection.
For the purpose of subsection (4), any of the following is a suitable person—
if the registrar is a qualified person, the registrar;
any qualified person who is an officer of the LTRO.
Subject to section 95(2), where the registrar has appointed an adjudicator
under subsection (4) in relation to an objection, it is the function of the adjudicator to
dispose of the objection by conducting an investigation into the application and the
objection and—
determining whether the objection is to be upheld, upheld in part, or not
upheld;
giving to the parties to the adjudication his or her reasons for the
determination; and
making such order and giving such directions as may be necessary to give
effect to the determination.
(a)
(b)
(8)
(a)
(b)
93 (1)
(2)
(3)
(4)
(5)
(a)
(b)
(6)
(a)
(b)
(c)
53
LAND TITLE REGISTRATION ACT 2011
An order under subsection (6)(c) may include a requirement on the registrar
to—
give effect to the original application in whole or in part as if the objection
to that original application had not been made; or
cancel the original application in whole or in part.
A requirement on the registrar under subsection (7) may include—
a condition that a specified entry be made in the register of any title
affected; or
a requirement to reject any future application of a specified kind by a
named party to the proceedings—
unconditionally; or
unless that party satisfies specified conditions.
Procedure
Hearings before an adjudicator appointed to dispose of an objection under
section 93(4) shall be held in public, except where the adjudicator is satisfied that exclusion
of the public is just and reasonable.
Subject to that, rules may regulate the practice and procedure to be followed
with respect to proceedings before an adjudicator and matters incidental to or
consequential on such proceedings.
Rules under subsection (2) may, in particular, make provision about—
when hearings are to be held;
requiring persons to attend hearings to give evidence or to produce
documents;
the form in which any decision of the adjudicator is to be given;
payment of costs of a party to proceedings by another party to the
proceedings; and
liability for costs thrown away as the result of neglect or delay by a legal
representative of a party to proceedings.
Reference of objections to court
Subsection (3) applies where—
under section 92(7)(b) the registrar requires an objection to be disposed
of by reference to the court in accordance with this section; or
(7)
(a)
(b)
(8)
(a)
(b)
(i)
(ii)
94 (1)
(2)
(3)
(a)
(b)
(c)
(d)
(e)
95 (1)
(a)
54
LAND TITLE REGISTRATION ACT 2011
at any time during the course of proceedings before him, an adjudicator
appointed under section 93(4)—
decides that the objection should be disposed of by reference to the
court; or
is required by subsection (2) to direct the disposal of the objection by
reference to the court.
An adjudicator appointed to dispose of an objection shall direct the disposal of
the objection by reference of the matter to the court if at any time during the course of the
proceedings before the adjudicator, the adjudicator considers that the matter has become
one in relation to which any person may be entitled to claim indemnity under Schedule 1
when the objection has been disposed of.
Where in accordance with subsection (1) this subsection applies, the registrar
or the adjudicator, as the case may be, shall direct such of the applicant or the objector as
the registrar or the adjudicator considers appropriate to commence proceedings within a
specified time in the court for the purpose of obtaining the court’s decision in the matter.
Rules may make provision about the reference under subsection (3) of matters
to the court and may, in particular, make provision about—
adjournment of any proceedings before any adjudicator pending the
outcome of the proceedings before the court; and
the powers of the registrar or the adjudicator in the event of failure to
comply with a direction under subsection (3).
Appeals
Subject to subsection (2), a person aggrieved by a decision of an adjudicator
may appeal to the court.
Rules may make provision about the conduct of appeals under subsection (1).
Enforcement of orders, etc.
A requirement of an adjudicator shall be enforceable as an order of the court.
PART 16
SPECIAL CASES
Voluntary registration of demesne land
A grant made by Her Majesty under the authority of this section is to be treated
as one falling within section 24 of the Constitution.
(b)
(i)
(ii)
(2)
(3)
(4)
(a)
(b)
96 (1)
(2)
97
98 (1)
55
LAND TITLE REGISTRATION ACT 2011
Her Majesty may by deed grant an estate in fee simple absolute in possession
out of demesne land to Herself.
The grant of an estate under subsection (2) is to be regarded as not having
been made unless an application under section 21 is made in respect of the estate before
the end of the period for registration.
The period for registration is two months beginning with the date of the grant,
or such longer period as the registrar may provide under subsection (5).
On the application of Her Majesty the registrar, if satisfied that there is a good
reason for doing so, may by order provide that the period for registration ends on such
later date as the registrar may specify in the order.
If an order under subsection (5) is made in a case where subsection (3) has
already applied, that application of the subsection is to be treated as not having occurred.
Where Her Majesty grants to Herself an estate in fee simple under subsection
(2) for the purpose of enabling an easement or profit à prendre to be granted over the land
affected by the grant in favour of any person, the deed effecting the grant of the estate
may include provision granting the easement or profit à prendre.
Where a deed effecting a grant under subsection (2) includes provision
granting the easement or profit à prendre, the grant of the easement or profit à prendre
shall take effect upon the registration of the estate granted by the deed and the registrar
shall enter the burden of the easement or profit à prendre in the register.
Compulsory registration of grants out of demesne land
Section 24(1) shall apply as if the following were included among the events
listed—
a grant made under section 24 of the Constitution out of demesne land of
an estate in fee simple absolute in possession, otherwise than under
section 98;
grant made under section 24 of the Constitution out of demesne land of
an estate in land—
for a term of years absolute of more than the threshold term from the
date of the grant; and
for valuable or other consideration, by way of gift or in pursuance of
an order of any court.
In subsection (1)(b)(ii), the reference to grant by way of gift includes grant for
the purpose of constituting a trust under which Her Majesty does not retain the whole of
the beneficial interest.
(2)
(3)
(4)
(5)
(6)
(7)
(8)
99 (1)
(a)
(b)
(i)
(ii)
(2)
56
LAND TITLE REGISTRATION ACT 2011
In its application by virtue of subsection (1), section 26 has effect with the
substitution for subsection (2) of—
“(2) On the application of subsection (1), the grant has effect as a contract
made for valuable consideration to grant the estate concerned”.
Demesne land: cautions against first registration
Section 35 shall apply as if—
demesne land were held by Her Majesty for an unregistered estate in fee
simple absolute in possession; and
for the period of 10 years after the coming into force of this Act, subsection
(3) of section 35 did not have effect.
The provisions of this Act relating to cautions against first registration shall, in
relation to cautions lodged by virtue of subsection (1), have effect subject to such
modifications as rules may provide.
Escheats etc.
Rules may make provision about—
the determination of a registered freehold estate; and
the registration of an unregistered freehold estate in respect of land to
which a former registered freehold estate related.
Rules under this section may, in particular—
make provision for determination to be dependent on the meeting of such
registration requirements as the rules may specify;
make provision for entries relating to a freehold estate to continue in the
register, notwithstanding determination, for such time as the rules may
provide;
make provision for the making in the register in relation to a former
freehold estate of such entries as the rules may provide;
make provision imposing requirements to be met in connection with an
application for the registration of such an unregistered estate as is
mentioned in subsection (1)(b).
Demesne land: representation
With respect to a Crown interest, the appropriate authority—
may represent the Crown interest for all purposes of this Act;
(3)
100 (1)
(a)
(b)
(2)
101 (1)
(a)
(b)
(2)
(a)
(b)
(c)
(d)
102 (1)
(a)
57
LAND TITLE REGISTRATION ACT 2011
is entitled to receive such notice as that person is entitled to receive under
this Act; and
may make such applications, execute such deeds and do such other acts
as that person is entitled to make, execute or do under this Act.
In this section—
“the appropriate authority” means the Governor or any person authorized by him
in that behalf;
“Crown interest” means an interest vested in Her Majesty for the purposes of the
Government;
“interest” means any estate, interest or charge in or over land and any right or
claim in relation to demesne land.
Bona vacantia
Rules may make provision about how the passing of a registered estate or charge
as bona vacantia is to be dealt with for the purposes of this Act.
Interest of creditors
This section applies where a registered estate is property to which section 1 of
the Real Estate Assets Act 1787 applies, or would apply but for this section.
In this section—
“debtor” means a person indebted within the meaning of section 1 of the Real
Estate Assets Act 1787; and
“creditor” means the person having the benefit of the relevant debt duty or demand
owed by a debtor.
The rights of a creditor under section 1 of the Real Estate Assets Act 1787 are
an interest in any registered estate where—
there is a sole debtor and—
he is registered as the sole owner of the estate and holds it solely for
his own benefit;
he is registered as the sole owner of an undivided share in a registered
estate and holds it solely for his own benefit; or
the registered owners of the estate hold it as trustees for his sole
benefit; or
there are two or more debtors who are jointly liable for the debt, duty or
demand and—
(b)
(c)
(2)
103
104 (1)
(2)
(3)
(a)
(i)
(ii)
(iii)
(b)
58
LAND TITLE REGISTRATION ACT 2011
two or more of them are registered as the joint tenants of the estate
and hold it solely for their own benefit;
two or more of them are registered as the co-tenants (not being joint
tenants) of an undivided share in a registered estate and hold it solely
for their own benefit; or
the registered owners of the estate hold it as trustees for the sole
benefit of two or more of them.
No creditor may enforce any rights under section 1 of the Real Estate Assets
Act 1787 in respect of such a registered estate as is referred to in subsection (3) unless
and until an agreed notice or a unilateral notice is entered in the register.
Bankruptcy
In this Act, references to an interest affecting an estate or charge do not include
a bankruptcy petition or a receiving order under the Bankruptcy Act 1989.
As soon as practicable after the presentation to the court of a bankruptcy
petition, the court shall notify that fact to the registrar by a notice in which is specified—
the name of the debtor;
such addresses for the debtor as are available to the court;
the date on which the petition was presented; and
the court reference under which the bankruptcy proceedings are being
conducted.
Upon receiving notification from the court under subsection (2), the registrar
shall enter in the register (in relation to any registered estate or charge which appears to
him to be affected) a notice in respect of the petition.
Unless cancelled by the registrar in such manner as rules may provide, a notice
entered under subsection (3) continues in force until—
a restriction is entered in the register under subsection (6); or
the trustee in bankruptcy is registered as owner.
As soon as practicable after the court makes a receiving order in any
proceedings under the Bankruptcy Act 1989, the court shall notify that fact to the registrar
by a notice in which is specified—
the name of the debtor;
such addresses for the debtor as are available to the court;
the date on which the receiving order was made; and
(i)
(ii)
(iii)
(4)
105 (1)
(2)
(a)
(b)
(c)
(d)
(3)
(4)
(a)
(b)
(5)
(a)
(b)
(c)
59
LAND TITLE REGISTRATION ACT 2011
the court reference under which the bankruptcy proceedings are being
conducted.
Upon receiving notification from the court under subsection (5), the registrar
shall enter in the register in relation to any registered estate or charge which appears to
him to be affected a restriction reflecting the effect of the Bankruptcy Act 1989.
Where the owner of a registered estate or charge is adjudged bankrupt, the
title of the owner’s trustee in bankruptcy is void as against a person to whom a registrable
disposition is made if—
the disposition is made for valuable consideration;
the person to whom the disposition is made acts in good faith; and
at the time of the disposition—
no notice or restriction is entered under this section in relation to the
registered estate or charge; and
the person to whom the disposition is made has no notice of the
bankruptcy petition or the adjudication.
Subsection (7) only applies if the relevant registration requirements are met in
relation to the disposition, but, when they are met, has effect as from the date of the
disposition.
Nothing in this section requires a person to whom a registrable disposition is
made to make any enquiries of the court as to the existence of any bankruptcy proceedings.
Pending land actions, writs and orders
Subject to the following provisions, references in this Act to an interest
affecting an estate or charge include—
a pending land action;
a writ or order affecting land issued or made by any court for the purposes
of enforcing a judgment or recognizance; and
an order appointing a receiver or sequestrator.
No notice may be entered in the register in respect of an order appointing a
receiver or sequestrator.
None of the matters mentioned in subsection (1) shall be capable of falling
within paragraph 2 of Schedule 2 or paragraph 2 of Schedule 5.
In its application to any of the matters mentioned in subsection (1), this Act
shall have effect subject to such modifications as rules may provide.
(d)
(6)
(7)
(a)
(b)
(c)
(i)
(ii)
(8)
(9)
106 (1)
(a)
(b)
(c)
(2)
(3)
(4)
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LAND TITLE REGISTRATION ACT 2011
Incorporeal hereditaments
In its application to—
rentcharges; or
profits à prendre in gross,
this Act shall have effect subject to such modification as rules may provide.
PART 17
ADVERSE POSSESSION AND PRESCRIPTION
Adverse possession of registered titles
In this section—
“parcel” means a separate area of land—
the freehold estate in which is within the same ownership; and
which does not adjoin any other land the freehold estate in which is
within the same ownership as the estate referred to in sub-paragraph
(i); and
“adverse possessor” means a person referred to in subsection (3)(a),
whether the freehold estates referred to are registered, unregistered or partly registered
and partly unregistered.
For the purpose of section 16 of the Limitation Act 1984 no right of action shall
be treated as accruing in relation to a registered estate unless the land in question—
has an area no greater than one fifth of the area of all the land in the parcel
that comprises or includes the estate in question; and
is in the possession of a person who—
is the owner of an estate in other land that is adjacent to that land; or
is entitled to be registered as the owner of a registered estate in other
land that is adjacent to that land.
Subsection (4) applies where—
a person is entitled to apply for alteration under Schedule 6 so as to remove
land from a registered title; and
the grounds for that person’s entitlement are that, as a result of adverse
possession of the land by that person and any other persons on whose
possession that person is entitled to rely, the title of the registered owner
107
(a)
(b)
108 (1)
(a)
(i)
(ii)
(b)
(2)
(a)
(b)
(i)
(ii)
(3)
(a)
(b)
61
LAND TITLE REGISTRATION ACT 2011
or any predecessor in title to the registered owner had been extinguished
under section 18 of the Limitation Act 1984 before the land was first
registered.
Where this subsection applies, an adverse possessor’s entitlement to apply for
alteration, if it has not previously ceased to be exercisable for any other reason, shall cease
to be exercisable at the end of the period of ten years beginning on the date upon which
any estate in the land in question, other than an estate referred to in subsection (5), was
first registered.
An estate is excepted from subsection (4) if it is a leasehold estate in relation
to which—
rent is payable; and
the adverse possessor has been in receipt of that rent since the date on
which the leasehold estate was first registered.
Subsection (4) shall not apply if, within the period referred to in that
subsection—
the court has made an order confirming that the adverse possessor is
entitled to the registered estate;
proceedings in the court have been commenced to confirm that the
adverse possessor is so entitled and those proceedings result in an order
such as is referred to in paragraph (a); or
the registered owner has confirmed in writing his agreement to the adverse
possessor’s entitlement to the registered estate,
and the register is altered to give effect to the order or agreement, as the case may be,
within the period of one year after the date of the order or agreement.
Subsections (4) to (6) have effect without prejudice to the operation of section
48.
Prescription - easement and profit à prendre
In this section—
“claimant” means the person referred to in subsection (2); and
“prescription period” means a period of twenty years.
Subsections (3) to (6) apply to determine the extent to which a person may
claim to be entitled to an easement or profit à prendre over a registered estate in land for
the benefit of land owned by that person by way of prescription.
(4)
(5)
(a)
(b)
(6)
(a)
(b)
(c)
(7)
109 (1)
(2)
62
LAND TITLE REGISTRATION ACT 2011
A claimant may claim to have acquired an easement or profit à prendre by
prescription over a registered estate in land, and may therefore apply to register the burden
of that easement or profit à prendre in the incumbrances section of the registered title to
that estate, where—
the claimant, or any tenant of the claimant, has enjoyed the easement or
profit à prendre claimed without interruption throughout the prescription
period ending on the date on which the claimant applies to register the
burden of the easement or profit à prendre;
the claimant is able to identify land of which—
in the case of registered land, the claimant is the registered owner of
the freehold estate;
in the case of unregistered land, the claimant holds the fee simple
estate,
and to which the easement or profit à prendre claimed is appurtenant;
the enjoyment referred to in paragraph (a) has been—
open;
without force on the part of the claimant or any person acting with the
claimant’s authority or consent;
without the written consent of the owner of any estate in the land that
is burdened by the claimed easement or profit à prendre or of any
person having the authority of such an owner to give consent on his
behalf;
he is not a defendant in court proceedings in which the existence of the
easement or profit à prendre claimed is an issue; and
there has been no judgment given against him or any predecessor in title
of his during the prescription period in which the court has found that the
existence of the easement or profit à prendre claimed has not been
established.
For the purpose of establishing whether an easement or profit à prendre can
be claimed to have been enjoyed without interruption throughout the prescription period,
there shall be disregarded any interruption to the enjoyment of the easement or profit à
prendre that has occurred within the last six months of that period.
For the purposes of subsection (3)(a) the estate burdened by the claimed
easement or profit à prendre need not have been registered throughout the prescription
period.
(3)
(a)
(b)
(i)
(ii)
(c)
(i)
(ii)
(iii)
(d)
(e)
(4)
(5)
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LAND TITLE REGISTRATION ACT 2011
Where the claimant’s estate in the land referred to in subsection (3)(b) is
registered any application under subsection (3) shall include an application to enter the
benefit of the easement or profit à prendre in the property section of the claimant’s title.
PART 18
ELECTRONIC CONVEYANCING
Electronic dispositions: formalities
This section applies to a document in electronic form where—
the document purports to effect a disposition which falls within subsection
(2); and
the conditions in subsection (3) are met.
A disposition falls within this subsection if it is—
a disposition of a registered estate or charge;
a disposition of an interest which is the subject of a notice in the register;
or
a disposition which triggers the requirement of registration,
which is of a kind specified by rules.
The conditions referred to above are that—
the document makes provision for the time and date when it takes effect;
the document has the electronic signature of each person by whom it
purports to be authenticated;
each electronic signature is associated with an accredited certificate; and
such other conditions as rules may provide are met.
A document to which this section applies is to be regarded as—
in writing; and
signed by each individual, and sealed by each corporation, whose
electronic signature it has.
A document to which this section applies is to be regarded for the purposes of
any enactment as a deed.
If a document to which this section applies is authenticated by a person as
agent, it is to be regarded for the purposes of any enactment as authenticated by him under
the written authority of his principal.
(6)
110 (1)
(a)
(b)
(2)
(a)
(b)
(c)
(3)
(a)
(b)
(c)
(d)
(4)
(a)
(b)
(5)
(6)
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LAND TITLE REGISTRATION ACT 2011
If notice of an assignment made by means of a document to which this section
applies is given in electronic form in accordance with rules, it is to be regarded for the
purposes of any enactment as given in writing.
In this section, “electronic signature” and “accredited certificate” have the
same meanings as in the Electronic Transactions Act 1999.
For the purpose of giving effect to the provisions of this section, rules may
provide for—
section 6(1)(b) of the Electronic Transactions Act 1999 to be disapplied to
any necessary extent; and
other provisions of that Act to be applied to any document to which this
section applies with any modifications that the Minister considers to be
appropriate.
Authorized networks
The registrar may provide, or arrange for the provision of one or more
electronic communications networks for use for such purposes as the registrar thinks fit
relating to registration or the carrying on of transactions which—
involve registration; and
are capable of being effected electronically.
Schedule 7 (which makes provision in connection with any network provided
under subsection (1) and transactions carried on by means of such a network) has effect.
Power to require simultaneous registration
This section applies to a disposition of—
a registered estate or charge; or
an interest which is the subject of a notice in the register,
where the disposition is of a description specified by rules.
A disposition to which this section applies, or a contract to make such a
disposition, only has effect if it is made by means of a document in electronic form and if,
when the document purports to take effect—
it is electronically communicated to the registrar; and
the relevant registration requirements are met.
For the purposes of subsection (2)(b), the relevant registration requirements
are—
(7)
(8)
(9)
(a)
(b)
111 (1)
(a)
(b)
(2)
112 (1)
(a)
(b)
(2)
(a)
(b)
(3)
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LAND TITLE REGISTRATION ACT 2011
in the case of a registrable disposition, the requirements under Schedule
4; and
in the case of any other disposition, or a contract, such requirements as
rules may provide.
Section 46(1) does not apply to a disposition to which this section applies.
Before making rules under this section the Minister shall consult such persons
as the Minister considers appropriate.
In this section, “disposition”, in relation to a registered charge, includes
postponement.
Electronic settlement
The registrar may take such steps as the registrar thinks fit for the purpose of
securing the provision of a system of electronic settlement in relation to transactions
involving registration.
Supplementary
Rules may—
make provision about the communication of documents in electronic form
to the registrar;
make provision about the electronic storage of documents communicated
to the registrar in electronic form.
PART 19
MISCELLANEOUS AND GENERAL
Rights of pre-emption
A right of pre-emption in relation to registered land has effect from the time of
creation as an interest capable of binding successors in title (subject to the rules about the
effect of dispositions on priority).
This section has effect in relation to rights of pre-emption created on or after
the day on which this section comes into force.
Proprietary estoppel and mere equities
It is hereby declared for the avoidance of doubt that, in relation to registered land,
each of the following—
an equity by estoppel; and
(a)
(b)
(4)
(5)
(6)
113
114
(a)
(b)
115 (1)
(2)
116
(a)
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LAND TITLE REGISTRATION ACT 2011
a mere equity,
has effect from the time the equity arises as an interest capable of binding successors in
title (subject to the rules about the effect of dispositions on priority).
Reduction in threshold term
Where rules provide for the threshold term to be a period of less than five years
the rules may contain such transitional provision as the Minister thinks fit.
Conclusiveness of filed copies
This section applies where—
a disposition relates to land to which a registered estate relates; and
an entry in the register relating to the registered estate refers to a
document kept by the registrar which is not an original.
As between the parties to the disposition, the document kept by the registrar
is to be taken—
to be correct; and
to contain all the material parts of the original document.
No party to the disposition may require production of the original document.
No party to the disposition is to be affected by any provision of the original
document which is not contained in the document kept by the registrar.
Suppression of information
Section 145 of the Criminal Code Act 1907 applies to any person who, in the course
of proceedings relating to registration under this Act, suppresses information with the
intention of—
concealing a person’s right or claim; or
substantiating a false claim,
as it applies to a person who gives to the registrar any information which the person does
not believe to be true, intending thereby to cause (or knowing it likely to thereby cause)
the registrar to do or omit to do anything which the registrar would not otherwise do or
omit to do.
Improper alteration of registers
Section 123 of the Criminal Code Act 1907 applies to any person who—
intentionally or recklessly makes an unauthorized change in the register;
or
(b)
117
118 (1)
(a)
(b)
(2)
(a)
(b)
(3)
(4)
119
(a)
(b)
120
(a)
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LAND TITLE REGISTRATION ACT 2011
dishonestly induces another—
to change the register; or
to authorize the making of such a change,
as it applies to a person who, with intent to mislead any tribunal in any judicial proceeding,
fabricates evidence by any means other than perjury.
Right to silence
Section 59 of the Police and Criminal Evidence Act 2006 (right to remain silent)
shall not entitle a person to refuse to answer any question or produce any document or
thing in any legal proceedings other than criminal proceedings.
No evidence obtained under subsection (1) shall be admissible in any criminal
proceedings under this Act against the person from whom it was obtained or that person’s
spouse.
Miscellaneous and general powers
Schedule 8 (which contains miscellaneous and general rule-making powers) has
effect.
Exercise of powers
Power to make rules under this Act is exercisable by the Minister.
Except where otherwise provided, rules made under this Act shall be subject
to the negative resolution procedure.
The power of the Minister to make rules or orders under this Act includes power
to make different provision for different cases.
Crown application
This Act binds the Crown.
Application to territorial waters
This Act does not apply to land covered by the territorial waters of Bermuda
unless the land in question—
is designated as land to which this Act applies by order made by the
Minister under this paragraph;
is, on the date of coming into operation of this section, covered by
territorial waters but is subsequently reclaimed and an order declaring the
land to form part of a Parish has been made under section 9(1) of the Land
Reclamation Act 1964; or
(b)
(i)
(ii)
121 (1)
(2)
122
123 (1)
(2)
(3)
124
125 (1)
(a)
(b)
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LAND TITLE REGISTRATION ACT 2011
is, on the date of coming into operation of this section, part of the Morgan’s
Point Resort “Property” (as defined in section 2 of the Morgan’s Point
Resort Act 2011).
The affirmative resolution procedure shall apply to an order made under
subsection (1)(a).
Before making an order under subsection (1)(a), the Minister shall consult such
persons as the Minister considers appropriate.
Consequential amendments
Schedule 9 (which makes consequential amendments to other enactments) has
effect.
Commencement
The provisions of this Act commence on such day as the Minister may be notice
published in the Gazette appoint, and different days may be so appointed for different
provisions or for different purposes.
(c)
(2)
(3)
126
127
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LAND TITLE REGISTRATION ACT 2011
SCHEDULE 1
(section 11)
INDEMNITIES
Entitlement
A person is entitled to be indemnified by the registrar if the person suffers loss
by reason of—
rectification of the register;
a mistake whose correction would involve rectification of the register;
a mistake in an official search;
a mistake in an official copy;
a mistake in a document kept by the registrar which is not an original and
is referred to in the register;
the loss or destruction of a document lodged at the LTRO for inspection or
safe custody; or
a mistake in the cautions register.
For the purposes of sub-paragraph (1)(a)—
any person who suffers loss by reason of the upgrade of a provisional title
to absolute title is to be regarded as having suffered loss by reason of
rectification of the register; and
the owner of a registered estate or charge claiming in good faith under a
forged disposition is, where the register is rectified, to be regarded as
having suffered loss by reason of such rectification as if the disposition had
not been forged.
No indemnity under sub-paragraph (1)(b) is payable until a decision has been
made about whether to alter the register for the purpose of correcting the mistake; and
the loss suffered by reason of the mistake is to be determined in the light of that decision.
Mines and minerals
No indemnity is payable under this Schedule on account of—
any mines or minerals; or
the existence of any right to work or get mines or minerals,
unless it is noted in the register that the title to the registered estate concerned includes
the mines or minerals.
1 (1)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(2)
(a)
(b)
(3)
2
(a)
(b)
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LAND TITLE REGISTRATION ACT 2011
Costs - registrar’s consent
In respect of loss consisting of costs or expenses incurred by the claimant in
relation to the matter, an indemnity under this Schedule is payable only on account of costs
or expenses reasonably incurred by the claimant with the consent of the registrar.
The requirement of consent does not apply where—
the costs or expenses must be incurred by the claimant urgently; and
it is not reasonably practicable to apply for the registrar’s consent.
If the registrar approves the incurring of costs or expenses after they have
been incurred, they shall be treated for the purposes of this paragraph as having been
incurred with his consent.
Costs where no indemnity payable
If no indemnity is payable to a claimant under this Schedule, the registrar may
pay such amount as the registrar thinks fit in respect of any costs or expenses reasonably
incurred by the claimant in connection with the claim which have been incurred with the
consent of the registrar.
The registrar may make a payment under sub-paragraph (1) notwithstanding
the absence of consent if—
it appears to him—
that the costs or expenses had to be incurred urgently; and
that it was not reasonably practicable to apply for his consent; or
he has subsequently approved the incurring of the costs or expenses.
Claimant’s fraud or lack of care
No indemnity is payable under this Schedule on account of any loss suffered
by a claimant—
wholly or partly as a result of his own fraud; or
wholly as a result of his own lack of proper care.
Where any loss is suffered by a claimant partly as a result of his own lack of
proper care, any indemnity payable to him is to be reduced to such extent as is fair having
regard to his share in the responsibility for the loss.
For the purposes of this paragraph, any fraud or lack of care on the part of a
person from whom the claimant derives title (otherwise than under a disposition for
valuable consideration which is registered or protected by an entry in the register) is to be
treated as if it were fraud or lack of care on the part of the claimant.
3 (1)
(2)
(a)
(b)
(3)
4 (1)
(2)
(a)
(i)
(ii)
(b)
5 (1)
(a)
(b)
(2)
(3)
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LAND TITLE REGISTRATION ACT 2011
Valuation of estates etc.
Where an indemnity is payable in respect of the loss of an estate, interest or charge,
the value of the estate, interest or charge for the purposes of the indemnity is to be
regarded as not exceeding—
in the case of an indemnity under paragraph 1(1)(a), its value immediately
before rectification of the register (but as if there were to be no
rectification); and
in the case of an indemnity under paragraph 1(1)(b), its value at the time
when the mistake which caused the loss was made.
Determination of indemnity by court
A person may apply to the court for the determination of any question as to—
whether the person is entitled to an indemnity under this Schedule; or
the amount of such an indemnity.
Paragraph 3(1) does not apply to the costs of an application to the court under
this paragraph or of any legal proceedings arising out of such an application.
Time limits
For the purposes of the Limitation Act 1984—
a liability to pay an indemnity under this Schedule is a simple contract debt;
and
the cause of action arises at the time when the claimant knows, or but for
his own default might have known, of the existence of his claim.
Interest
Rules may make provision about the payment of interest on an indemnity under
this Schedule, including—
the circumstances in which interest is payable; and
the periods for and rates at which it is payable.
Recovery of indemnity by registrar
Where an indemnity under this Schedule is paid to a claimant in respect of any
loss, the registrar is entitled (without prejudice to any other rights the registrar may
have)—
to recover the amount paid from any person who caused or substantially
contributed to the loss by his fraud; or
6
(a)
(b)
7 (1)
(a)
(b)
(2)
8
(a)
(b)
9
(a)
(b)
10 (1)
(a)
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LAND TITLE REGISTRATION ACT 2011
for the purpose of recovering the amount paid, to enforce the rights of
action referred to in sub-paragraph (2).
Those rights of action are—
any right of action (of whatever nature and however arising) which the
claimant would have been entitled to enforce had the indemnity not been
paid;
where the register has been rectified, any right of action (of whatever
nature and however arising) which the person in whose favour the register
has been rectified would have been entitled to enforce had it not been
rectified; and
where an attorney has signed a certificate of legal effect, a right of action
against the attorney with respect to any negligent error or omission in the
certificate of legal effect if the registrar has been required to pay an
indemnity as a result of such error or omission within six years after the
date of the certificate of legal effect.
References in this paragraph to an indemnity include interest paid on an
indemnity under rules under paragraph 9.
Interpretation
For the purposes of this Schedule, references to a mistake in something include
anything mistakenly omitted from it as well as anything mistakenly included in it.
(b)
(2)
(a)
(b)
(c)
(3)
11
73
LAND TITLE REGISTRATION ACT 2011
SCHEDULE 2
(sections 29 and 30)
UNREGISTERED INTERESTS WHICH OVERRIDE FIRST REGISTRATION
Leasehold estate
A leasehold estate granted for a term not exceeding the threshold term from the
date of the grant, except for a lease the grant of which falls within section 24(1)(c).
Interests of persons in actual occupation
An interest belonging to a person in actual occupation, so far as relating to land of
which the person is in actual occupation, except for a beneficial interest under a trust.
Easements and profits à prendre
A legal easement or profit à prendre.
Public rights
A public right (i.e. a right exercisable by anyone, whether he or she owns land or
not, merely by virtue of the general law).
1
2
3
4
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LAND TITLE REGISTRATION ACT 2011
SCHEDULE 3
(section 33)
FIRST REGISTRATION - ANCILLARY MATTERS
Phased introduction of voluntary registration
For the purposes of allowing the phased introduction of voluntary registration of
title in Bermuda, the following sub-paragraphs have effect—
sections 21 and 23 only apply to applications that fall within a category in
respect of which the registrar has given notice under sub-paragraph (b);
where the registrar is satisfied that there are adequate arrangements
within the LTRO for dealing with applications falling within a particular
category, the registrar may give notice publicising the arrangements;
a notice under sub-paragraph (b) shall be given in such manner as the
registrar considers appropriate;
applications to which a notice under sub-paragraph (b) applies may be
categorised in the notice in such manner as the registrar considers
appropriate, including—
by reference to one or more specified geographical areas in which the
land to which the applications relate is located; and
by reference to the nature of the registrable estate held by the applicant
or to which the applicant is entitled;
a notice given under sub-paragraph (b) may not be withdrawn except
where it is replaced by a further notice that publicises arrangements for
dealing with all the categories of application referred to in the withdrawn
notice, whether or not it also publicises arrangements for dealing with any
additional category of applications; and
a notice that publicises arrangements for dealing with any category of
applications that has not previously been included in a notice under sub-
paragraph (b) shall specify a date from which the arrangements will be in
place in relation to those applications, such date to be no earlier than three
months after the date on which the notice is given.
Phased introduction of the requirement of registration
For the purposes of allowing the phased introduction of the requirement of
registration of title to Bermuda, the following sub-paragraphs have effect—
section 24 only applies to applications that fall within a category in respect
of which the registrar has given notice under sub-paragraph (b);
1
(a)
(b)
(c)
(d)
(i)
(ii)
(e)
(f)
2
(a)
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LAND TITLE REGISTRATION ACT 2011
where the registrar is satisfied that there are adequate arrangements
within the LTRO for dealing with applications falling within a particular
category, the registrar may give notice publicising the arrangements;
a notice under sub-paragraph (b) shall be given in such manner as the
registrar considers appropriate;
applications to which a notice under sub-paragraph (b) applies may be
categorised in the notice in such manner as the registrar considers
appropriate, including—
by reference to one or more specified geographical areas in which the
land to which the applications relate is located; and
by reference to whether the applications fall within one or more
specified subsections or paragraphs of section 24;
a notice given under sub-paragraph (b) may not be withdrawn except
where it is replaced by a further notice that publicises arrangements for
dealing with all the categories of application referred to in the withdrawn
notice, whether or not it also publicises arrangements for dealing with any
additional category of applications;
a notice that publicises arrangements for dealing with any category of
applications that has not previously been included in a notice under sub-
paragraph (b) shall specify a date from which the arrangements will be in
place in relation to those applications, such date to be no earlier than three
months after the date on which the notice is given; and
the registrar may not give notice under sub-paragraph (b) in relation to a
category of applications unless the applications are also ones to which a
notice given under paragraph 1(b) applies, or will apply from a date that
is no later than the date specified in the notice under sub-paragraph (b).
Planning permission for the subdivision of land
Where—
in accordance with Part VI of the Development and Planning Act 1974 a
person wishing to effect the subdivision of any land is required to apply for
planning permission for such subdivision; and
the land is located in an area in respect of which section 21 applies to the
registration of unregistered freehold estates by virtue of a notice given
under paragraph 1,
(b)
(c)
(d)
(i)
(ii)
(e)
(f)
(g)
3
(a)
(b)
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LAND TITLE REGISTRATION ACT 2011
such person may not lodge any application for planning permission under section 35C of
the Development and Planning Act 1974 unless his estate in the land has been registered
under this Act.
Primary family homesteads
Where—
an individual wishes to apply to the person appointed as Tax Commissioner
to designate his or her residential property as his or her primary family
homestead within the meaning of section 1 of the Stamp Duties Act 1976;
and
the land comprising the property is located in an area in respect of which
section 21 applies to the registration of unregistered freehold estates by
virtue of a notice given under paragraph 2,
such individual may not apply for that purpose under section 47A of the Stamp Duties Act
1976 unless the estate in the land has been registered under this Act.
Condominiums
Where—
a person desires to organize land as a condominium under the
Condominium Act 1986; and
the land is located in an area in respect of which section 21 applies to the
registration of unregistered freehold estates by virtue of a notice given
under paragraph 2,
such person may not make application under section 5(2) of that Act unless his estate in
the land has been registered under this Act.
Assigning tenant’s entitlement to evidence of landlord’s title
Where, in relation to a qualifying estate that is a term of years absolute, the
requirement of registration applies by virtue of section 24(1)(a)(i) to (vii), the following
provisions apply—
section 16(2) and (3) of the Conveyancing Act 1983 shall not apply;
the transferor of the qualifying estate shall, prior to the conveyance or
transfer of the qualifying estate, produce to the transferee—
such evidence of the transferor’s title to the qualifying estate as is
available to the transferor; and
such evidence relating to the title to the freehold estate and any estates
intermediate between the freehold estate and the qualifying estate as
4
(a)
(b)
5
(a)
(b)
6
(a)
(b)
(i)
(ii)
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LAND TITLE REGISTRATION ACT 2011
the transferor may hold or can require to be produced under sub-
paragraphs (c) and (d);
the transferor is entitled to require—
the person holding the freehold estate in the land comprised in the
estate required to be registered; and
any person holding an estate intermediate between the freehold estate
and the qualifying estate held by the transferor,
to produce to the transferor such evidence of the title to the estate held
by that person as is available to that person;
the transferor may only exercise an entitlement under sub-paragraph (c)
upon the transferor agreeing to pay the reasonable costs of producing the
required evidence of title incurred by the person who is subject to the
requirement;
the transferor is entitled to require any person holding a leasehold estate
superior to the qualifying estate to disclose to him the identity of that
person’s landlord and the latest address of the landlord known to that
person.
New tenant’s entitlement to evidence of landlord’s title
Where the requirement of registration applies by virtue of section 24(1)(b) or (c),
the following provisions apply—
section 16(2) and (3) of the Conveyancing Act 1983 shall not apply;
the grantor of the estate required to be registered shall, prior to the grant
of the estate required to be registered, produce to the grantee—
such evidence of his title to the qualifying estate out of which the estate
required to be registered is granted as is available to him; and
such evidence relating to the title to the freehold estate and any estates
intermediate between the freehold estate and the qualifying estate as
the grantor may hold or can require to be produced under sub-
paragraphs (c) and (d);
if the qualifying estate held by the grantor is not a freehold estate, the
grantor is entitled to require—
the person holding the freehold estate in the land comprised in the
estate required to be registered; and
any person holding an estate intermediate between the freehold estate
and the qualifying estate held by the grantor;
(c)
(i)
(ii)
(d)
(e)
7
(a)
(b)
(i)
(ii)
(c)
(i)
(ii)
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LAND TITLE REGISTRATION ACT 2011
to produce to him such evidence of the title to the estate held by that
person as is available to that person;
the grantor may only exercise an entitlement under sub-paragraph (c)
upon his agreeing to pay the reasonable costs of producing the required
evidence of title incurred by the person who is subject to the requirement;
if the qualifying estate held by the grantor is not a freehold estate, the
grantor is entitled to require any person holding a leasehold estate superior
to the qualifying estate to disclose to him the identity of that person’s
landlord and the latest address of the landlord known to that person.
Entitlement to hold land in Bermuda
Any person who applies to the registrar to be registered as the registered
owner of an unregistered registrable estate shall produce with the application such evidence
as the registrar may require for the purpose of satisfying the registrar that—
he is authorized to hold land in Bermuda; and
any person who, if the application is completed, would (apart from the
effect of sub-paragraph (3)) be registered as owner of a registered charge,
is authorized to hold a mortgage over land in Bermuda,
under the Bermuda Immigration and Protection Act 1956 or the Companies Act 1981, as
the case may require.
Where a person referred to in sub-paragraph (1) fails to satisfy the registrar in
accordance with sub-paragraph (1)(a), the registrar may refuse to proceed with the
application and may cancel it.
Where a person referred to in sub-paragraph (1) satisfies the registrar in
accordance with sub-paragraph (1)(a) but fails to satisfy the registrar in accordance with
sub-paragraph (1)(b) in relation to a particular person, the registrar may, if the application
proceeds, refuse to register that person as the owner of a registered charge.
Unregistered land held under a settlement
Subject to sub-paragraph (3), rules may provide for the application of Part 7
to the first registration of land which—
is not a registrable estate; and
is held under the terms of a settlement,
with such modifications as the Minister thinks appropriate to enable an estate less than the
fee simple absolute in the land to be registered in such a manner and on such terms as the
Minister considers sufficient for the purpose of safeguarding the interests of the settlement
beneficiaries following registration of the estate.
(d)
(e)
8 (1)
(a)
(b)
(2)
(3)
9 (1)
(a)
(b)
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LAND TITLE REGISTRATION ACT 2011
Without prejudice to the generality of sub-paragraph (1), rules made under
that sub-paragraph may provide for—
the conversion, under sub-paragraph (1), of any settlement into a trust for
sale upon such terms as the Minister considers requisite for giving effect
to the rights of the settlement beneficiaries;
the vesting of the estate in land in any person as trustee;
the conversion of the interest of any settlement beneficiary holding an
estate less than the fee simple absolute into a registrable estate;
Rules made under sub-paragraph (1) may not provide for the registration of
any estate other than a registrable estate.
The affirmative resolution procedure shall apply to rules made under sub-
paragraph (1).
Systematic registration - initiation
The Minister, by order published in the Gazette, may declare that the system
of systematic registration, for which provision is made by paragraphs 11 to 14, is to apply.
Subject to sub-paragraph (3) the affirmative resolution procedure shall apply
to an order made under sub-paragraph (1).
Before making an order under sub-paragraph (1), the Minister shall consult
such persons as the Minister considers appropriate.
Systematic registration - procedure for ascertaining ownership and for
registration
Following the making of an order under paragraph 10(1), the following sub-
paragraphs of this paragraph have effect.
The registrar may, by notices published in the Gazette from time to time,
designate one or more areas of land in Bermuda as areas of systematic registration.
A notice under sub-paragraph (2) shall specify a date from which it is to have
effect.
The date specified in the notice under sub-paragraph (3) shall not be earlier
than six months after the date on which the notice is published in the Gazette.
A notice under sub-paragraph (2) may not designate an area of land as an area
of systematic registration unless and until the registrar is satisfied that the LTRO has the
capacity to carry out the procedures referred to in sub-paragraphs (7) to (12) in relation to
all unregistered freehold estates in the area within a period of three years from the date
on which the notice has effect.
(2)
(a)
(b)
(c)
(3)
(4)
10 (1)
(2)
(3)
11 (1)
(2)
(3)
(4)
(5)
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LAND TITLE REGISTRATION ACT 2011
Where an area has been designated as an area of systematic registration, none
of the following dispositions of any unregistered freehold estate in land in that area that is
capable of being the subject of an application under section 21 shall have any effect after
the date specified in the notice under sub-paragraph (3)—
a conveyance, transfer or assignment of the estate;
the grant out of the estate of a term of years exceeding the threshold term;
a mortgage of the estate;
the grant of an easement out of the estate;
the grant of a profit à prendre out of the estate.
Following the publication of a notice under sub-paragraph (2), the registrar
shall take such steps as the registrar considers appropriate to—
bring the attention of the public to the fact that the notice has been
published;
explain to the public the effect of the notice; and
invite any persons who own any unregistered freehold estate situated in
the area of systematic registration designated in the notice, or who have
knowledge of the identity of such a person, to contact the registrar for the
purpose of confirming the fact of their ownership, or the identity of the
owner, as the case may be.
Where the registrar has taken the steps required by sub-paragraph (7) but
there remain areas of land within the area of systematic registration designated by the
notice under sub-paragraph (2) in relation to which the registrar has been unable to
ascertain the identity of the owner of the freehold estate, the registrar shall make such
enquiries as the registrar considers appropriate and reasonable of—
any person who appears to the registrar to be in occupation of the land;
the registered owner of any registered leasehold estate that affects the
land;
any public authority that the registrar considers may hold records
containing information which may be of assistance;
any other person whom the registrar considers may possess information
which may be of assistance,
for the purpose of ascertaining the identity of the person who is the owner for the time
being of the freehold estate.
Where, in relation to any land in an area of systematic registration the freehold
estate in which is unregistered, the registrar is able to ascertain the identity of the owner
(6)
(a)
(b)
(c)
(d)
(e)
(7)
(a)
(b)
(c)
(8)
(a)
(b)
(c)
(d)
(9)
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LAND TITLE REGISTRATION ACT 2011
of that estate, the registrar shall issue to that owner an invitation to lodge with the LTRO,
within a period specified in the notice, such deeds and documents or other evidence of title
to the estate as the owner is able to produce for the purpose of enabling the registrar to
register the estate.
Where, in response to an invitation issued under sub-paragraph (9), the owner
lodges with the LTRO the deeds and documents or other evidence of title referred to in that
sub-paragraph, the registrar shall proceed in all respects as if the owner had lodged an
application for registration of the freehold estate under section 21.
Where, in response to an invitation issued under sub-paragraph (9), the owner
refuses to lodge with the LTRO the deeds and documents or other evidence of title
requested, or the owner does not respond to the invitation by lodging with the LTRO the
deeds and documents or other evidence of title referred to in that sub-paragraph within
the period specified in the invitation, the registrar may serve a notice on the owner to the
following effect, namely—
that unless the owner lodges with the LTRO the evidence of his title to the
freehold estate in the land available to him within the period of three
months from the date on which the notice is issued, the registrar is required
to register the freehold estate in the land with the Government as
registered owner of the estate;
that thereafter the owner will cease to be the owner of the freehold estate
unless and until application is made for alteration of the land title register
to replace the Government as registered owner of the title, accompanied
by satisfactory evidence that the applicant was the owner of the freehold
estate immediately before registration of the title, or is the person who,
but for the registration, would have been the estate owner at the time of
the application; and
as to the effect of paragraph 13(13) on the amount of any compensation
that may become payable to the owner under paragraph 13 if the freehold
estate in the land is subsequently registered with the Government as the
registered owner in accordance with sub-paragraph (12).
Following the registrar issuing a notice under sub-paragraph (11), if the owner
fails to lodge with the LTRO the deed and documents or other evidence of title available to
him within the period of three months from the date on which the notice was issued to him,
the registrar—
shall register the freehold estate in the land with the Government as
registered owner; and
may include in the register such entries as the registrar considers
appropriate to reflect the fact that no evidence of title to the land has been
produced.
(10)
(11)
(a)
(b)
(c)
(12)
(a)
(b)
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LAND TITLE REGISTRATION ACT 2011
Systematic registration - registration of Government after three years
If, on the date three months before expiry of the period of three years after
the date specified in a notice declaring an area to be an area of systematic registration as
the date on which the notice is to have effect, there remains any land in that area in relation
to which—
the freehold estate remains unregistered; and
the registrar has been unable to ascertain the identity of the estate owner,
the registrar shall publish in the Gazette at least two months before expiry of the three year
period, a notice complying with sub-paragraph (2).
The notice referred to in sub-paragraph (1) shall—
provide details of all the land within the area of systematic registration to
which the notice relates in which the freehold estate remains unregistered;
contain a warning that where, after expiry of the three year period—
the freehold estate in any such land remains unregistered; and
no person has claimed ownership of the estate, or any person claiming
ownership has been unable to produce sufficient evidence of the
person’s title to the estate to enable the registrar to register the estate
with the person as the registered owner,
the freehold estate in such land will be registered with the Government as
the registered owner; and
advise that, thereafter, the ownership of any other person in the freehold
estate will cease, subject to the right, whilst the Government remains the
owner of the estate, of any person who has thereby lost title to the estate
to apply for alteration of the register so as to be registered as owner of the
title in place of the Government, if the person produces evidence sufficient
to satisfy the registrar that the person was the owner of the freehold estate
immediately prior to the registration of the title, or is the person who, but
for the registration, would have been the estate owner at the time of the
application.
Subject to sub-paragraph (4), where, after expiry of the three year period
referred to in sub-paragraph (1), there remains any land in the area of systematic
registration referred to in that sub-paragraph in respect of which the freehold estate is
unregistered, the registrar—
shall register the freehold estate in that land with the Government as
registered owner; and
12 (1)
(a)
(b)
(2)
(a)
(b)
(i)
(ii)
(c)
(3)
(a)
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LAND TITLE REGISTRATION ACT 2011
may include in the register such entries as the registrar considers
appropriate to reflect the fact that no evidence of title to the land has been
produced.
Where, before expiry of the three year period referred to in sub-paragraph (1),
any person claims ownership of any of the land, details of which are contained in the notice
referred to in sub-paragraph (2)—
the registrar may postpone registration of the freehold estate in the land
in accordance with sub-paragraph (3) until that person’s claim to the land
has been considered;
if the registrar is satisfied as to that person’s claim, the land shall be
excluded from the requirements of sub-paragraph (3) and the registrar
shall instead register the freehold estate in the land with the claimant as
registered owner, subject to such entries as the registrar considers
appropriate to reflect the evidence of title produced by the claimant.
Systematic registration - Government registered as owner
The following sub-paragraphs of this paragraph apply where the Government
has been registered as owner of any registered freehold estate by virtue of the operation
of paragraphs 11 and 12.
Subject to sub-paragraphs (7) and (14), a person may apply to the registrar
for alteration of the register to the freehold estate, so as to be registered as owner of the
title in place of the Government, if—
he claims to be the owner of the freehold estate immediately prior to the
registration of the title, or to be the person who, but for the registration,
would have been the estate owner at the time of the application; and
he produces evidence sufficient to satisfy the registrar as to the validity of
his claim.
Following receipt of an application in accordance with sub-paragraph (2), the
registrar shall give notice to the Government that—
confirms receipt of the application;
identifies the title to which the application relates;
encloses copies of the evidence of title produced by the applicant; and
warns that, if no objection to the application is received on or before one
month after the date of the notice, the application will be completed and
the applicant will be registered as owner of the title in place of the
Government.
(b)
(4)
(a)
(b)
13 (1)
(2)
(a)
(b)
(3)
(a)
(b)
(c)
(d)
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LAND TITLE REGISTRATION ACT 2011
If, on or before one month after the date of the notice referred to in sub-
paragraph (3), the Government objects to the application, the provisions of section 92 shall
apply to the objection, except that, if the objection is not one which the registrar is satisfied
is groundless and it is not possible to dispose of the objection by agreement, the registrar
may not require the objection to be disposed of by adjudication in accordance with section
93 but shall require it to be disposed of by reference to the court in accordance with section
94.
In addition to any other grounds that may be available, the Government may
object to an application made under sub-paragraph (2) on the grounds that it has, since
its registration as owner of the freehold estate in the land, dealt with the estate in such a
manner that its removal from the register as owner would expose it to liability to a third
party.
Where, following its registration as owner of the freehold estate by virtue of
the operation of paragraph 11 or 12, the Government has effected a disposition of the
estate in such a way that—
it has retained ownership of the estate; but
the value of the estate has been diminished as a result of the disposition,
a person entitled to apply for alteration under sub-paragraph (2) may also apply for
compensation in accordance with sub-paragraph (8).
Where, following its registration as owner of the freehold estate in land by
virtue of the operation of paragraph 11 or 12, the Government has effected a disposition
of the estate in such a way that it no longer retains ownership of the estate, no application
for alteration may be made under sub-paragraph (2) but a person who, apart from the
operation of this sub-paragraph, would otherwise be entitled to apply for alteration under
sub-paragraph (2) may instead apply for compensation in accordance with sub-paragraph
(8).
Subject to sub-paragraph (14), where a person may apply for compensation
under sub-paragraph (6) or (7), the Government shall, upon a claim being made in the
prescribed manner, pay to that person compensation in an amount calculated in accordance
with sub-paragraphs (9) to (13).
Subject to sub-paragraphs (11) and (12), where the entitlement to
compensation arises under sub-paragraph (6) the amount of the compensation shall be the
lesser of—
the diminution in the value of the estate resulting from the disposition
referred to in sub-paragraph (6); and
the amount received by the Government, by way of consideration or
otherwise, as a consequence of having effected the disposition referred to
in sub-paragraph (6).
(4)
(5)
(6)
(a)
(b)
(7)
(8)
(9)
(a)
(b)
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LAND TITLE REGISTRATION ACT 2011
Subject to sub-paragraphs (11) and (12), where the entitlement to
compensation arises under sub-paragraph (7) the amount of the compensation shall be the
amount received by the Government, by way of consideration or otherwise, as a
consequence of having effected the disposition referred to in sub-paragraph (7).
The Government shall be entitled to deduct from any compensation payable
under sub-paragraphs (6) to (10) any costs or expenditure it has incurred in effecting any
disposition or otherwise in relation to the management of the land during its ownership but,
if it does so, it shall give credit for any income it has received from the land in the course
of its ownership of the freehold estate as a result of owning that estate.
Any compensation payable under sub-paragraphs (6) to (11) shall carry
interest at the same rate from time to time as is payable under section 8(2) of the
Acquisition of Land Act 1970 on compensation agreed or awarded for land of which
possession is taken under section 8(1) of that Act.
Any compensation payable under sub-paragraphs (6) to (12) shall be reduced
by 50 per cent in any case where the freehold estate in the land in question was registered
with the Government as the registered owner in circumstances where, before such
registration—
the registrar was able to ascertain the identity of the owner of the
unregistered freehold estate;
the registrar issued to that owner an invitation to lodge with the LTRO such
deeds and documents or other evidence of title to the estate as the owner
was able to produce in accordance with paragraph 10(9);
that owner refused to lodge with the LTRO the deeds and documents or
other evidence of title requested or did not respond to the invitation issued
by the registrar; and
the registrar served on that owner a notice in accordance with paragraph
10(11).
No application under sub-paragraph (2), or claim for compensation under sub-
paragraph (6) or (7), may be made after the expiry of twenty years after the date upon
which title to the freehold estate in question was first registered with the Government as
the registered owner.
Systematic registration - settlements
Rules may provide for the application of paragraphs 11 to 13 to an estate in
land which—
is not registered land; and
is held under the terms of a settlement,
(10)
(11)
(12)
(13)
(a)
(b)
(c)
(d)
(14)
14 (1)
(a)
(b)
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LAND TITLE REGISTRATION ACT 2011
with such modifications as the Minister thinks appropriate to enable the freehold estate in
the land to be registered in such a manner and on such terms as the Minister considers
sufficient for the purpose of safeguarding the interests of the settlement beneficiaries
following registration of the estate.
Without prejudice to the generality of sub-paragraph (1), rules made under
that sub-paragraph may provide for—
the conversion of any settlement into a trust for sale of the freehold estate
upon such terms as the Minister considers requisite for giving effect to the
rights of the settlement beneficiaries;
the vesting of the freehold estate in any person as trustee;
the conversion of the interest of any settlement beneficiary holding an
estate less than the fee simple absolute into a registrable estate.
The affirmative resolution procedure shall apply to rules made under sub-
paragraph (1).
Certificates of legal effect
The following sub-paragraphs apply where application is made for the
registration of an unregistered registrable estate under section 21 and the application is
lodged with the registrar on the applicant’s behalf by an attorney acting for him in the
normal course of the attorney’s practice.
The registrar may require the attorney, when lodging the application, to
confirm in writing whether or not—
the attorney;
any employee of the attorney;
any person with whom the attorney practices; or
any other person engaged by the attorney for the purpose,
has examined the deeds, documents and other evidence of title relating to the applicant’s
title to the registrable estate sought to be registered for the purpose of assuring the
applicant of the sufficiency.
Where the attorney confirms that the deeds, documents and other evidence of
title have been examined as referred to in sub-paragraph (2), the registrar may require the
attorney to provide a certificate of legal effect signed by the attorney, in which the attorney
confirms, subject only to such qualifications as may be contained in the certificate, that, as
a result of the examination carried out, the attorney is of the opinion that the applicant’s
title to the estate is such as a willing buyer could properly be advised by a competent
professional adviser to accept.
(2)
(a)
(b)
(c)
(3)
15 (1)
(2)
(a)
(b)
(c)
(d)
(3)
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LAND TITLE REGISTRATION ACT 2011
In deciding—
whether to accept the applicant’s title for registration; and
the class of title (if any) to be granted under section 28,
the registrar may rely upon the certificate of legal effect given by the attorney.
In a case where the applicant’s title is to be registered with provisional title,
the registrar may have regard to any qualifications included by the attorney in the certificate
of legal effect when deciding in what terms any estate, right or interest is to be recorded
in the register as being excepted from the effect of registration.
(4)
(a)
(b)
(5)
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LAND TITLE REGISTRATION ACT 2011
SCHEDULE 4
(section 46)
REGISTRABLE DISPOSITIONS: REGISTRATION REQUIREMENTS
PART 1
REGISTERED ESTATES
Introductory
This Part deals with the registration requirements relating to those dispositions of
registered estates which are required to be completed by registration.
Transfer
In the case of a transfer of whole or part of a registered estate, the transferee,
or his successor in title, shall be entered in the register as the owner.
In the case of a transfer of part, such details of the transfer as rules may
provide shall be entered in the register in relation to the registered estate out of which the
transfer is made.
Leases of estates in land
This paragraph applies to a disposition consisting of the grant out of an estate
in land of a term of years absolute.
In the case of a disposition to which this paragraph applies—
the grantee, or his successor in title, shall be entered in the register as the
owner of the lease; and
a notice in respect of the lease shall be entered in the register.
Creation of independently registrable legal interest
This paragraph applies to a disposition consisting of the creation of—
a rentcharge in possession issuing out of or charged on land being either
perpetual or for a term of years absolute; or
a profit à prendre in gross in or over land for an interest equivalent to an
estate in fee simple absolute in possession or a term of years absolute,
other than one created for, or for an interest equivalent to, a term of years absolute not
exceeding the threshold term from the date of creation.
In the case of a disposition to which this paragraph applies—
1
2 (1)
(2)
3 (1)
(2)
(a)
(b)
4 (1)
(a)
(b)
(2)
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LAND TITLE REGISTRATION ACT 2011
the grantee, or his successor in title, shall be entered in the register as the
owner of the interest created; and
a notice in respect of the interest created shall be entered in the register.
Creation of other legal interests
This paragraph applies to a disposition which—
is not one to which paragraph 4 applies; and
consists of the creation of—
an easement, right, or privilege in or over land for an interest equivalent
to an estate in fee simple absolute in possession or a term of years
absolute;
a rentcharge in possession issuing out of or charged on land being
either perpetual or for a term of years absolute;
rights of entry exercisable over or in respect of a term of years absolute,
or annexed, for any purpose, to a legal rentcharge.
In the case of a disposition to which this paragraph applies—
a notice in respect of the burden created shall be entered in the register;
and
if the interest is created for the benefit of a registered estate, the benefit
shall be registered in the register.
Rules may provide for sub-paragraph (2) to have effect with modifications in
relation to a right of entry over or in respect of a term of years absolute.
Creation of legal charge
In the case of the creation of a legal charge, the chargee, or his successor in title,
shall be entered in the register as the owner of the charge.
PART 2
REGISTERED CHARGES
Introductory
This Part deals with the registration requirements relating to those dispositions of
registered charges which are required to be completed by registration.
(a)
(b)
5 (1)
(a)
(b)
(i)
(ii)
(iii)
(2)
(a)
(b)
(3)
6
7
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LAND TITLE REGISTRATION ACT 2011
Transfer
In the case of a transfer, the transferee, or his successor in title, shall be entered
in the register as the owner.
Creation of sub-charge
In the case of the creation of a sub-charge, the sub-chargee, or his successor in
title, shall be entered in the register as the owner of the sub-charge.
8
9
91
LAND TITLE REGISTRATION ACT 2011
SCHEDULE 5
(sections 48 and 49)
UNREGISTERED INTERESTS WHICH OVERRIDE REGISTERED DISPOSITIONS
Leasehold estates
A leasehold estate granted for a term not exceeding the threshold term from the
date of the grant, except for—
a lease the grant of which falls within section 24(1)(c);
a lease to which the requirement of registration has applied but which has
effect as a contract made for valuable consideration to grant or create the
estate created by it under section 26(2)(b); or
a lease the grant of which constitutes a registrable disposition.
Interests of persons in actual occupation
An interest belonging at the time of the disposition to a person in actual occupation,
so far as relating to land of which that person is in actual occupation, except for—
a beneficial interest under a trust or settlement;
an interest of a person of whom inquiry was made before the disposition
and who failed to disclose the right when he could reasonably have been
expected to do so;
an interest—
which belongs to a person whose occupation would not have been
obvious on a reasonably careful inspection of the land at the time of
the disposition; and
of which the person to whom the disposition is made does not have
actual knowledge at that time;
a leasehold estate granted to take effect in possession after the end of the
period of three months beginning with the date of the grant and which has
not taken effect in possession at the time of the disposition.
Easements and profits à prendre
A legal easement or profit à prendre, except for an easement, or a profit à
prendre which at the time of the disposition—
is not within the actual knowledge of the person to whom the disposition
is made; and
1
(a)
(b)
(c)
2
(a)
(b)
(c)
(i)
(ii)
(d)
3 (1)
(a)
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LAND TITLE REGISTRATION ACT 2011
would not have been obvious on a reasonably careful inspection of the land
over which the easement or profit is exercisable.
The exception in sub-paragraph (1) does not apply if the person entitled to the
easement or profit proves that it has been exercised in the period of one year ending with
the day of the disposition.
Public rights
A public right (i.e. a right exercisable by anyone, whether he or she owns land or
not, merely by virtue of the general law).
(b)
(2)
4
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LAND TITLE REGISTRATION ACT 2011
SCHEDULE 6
(section 83)
ALTERATION OF THE REGISTER
Introductory
References to rectification, in relation to alteration of the register, are to alteration
which—
involves the correction of a mistake; and
prejudicially affects the title of a registered owner.
Alteration pursuant to a court order
The court may make an order for alteration of the register for the purpose
of—
correcting a mistake;
bringing the register up to date; or
giving effect to any estate, right or interest excepted from the effect of
registration.
Where an order under this paragraph is served on the LTRO it has effect to
impose on the registrar a duty to give effect to it.
Rectification pursuant to court order
This paragraph applies to the power under paragraph 2, so far as relating to
rectification.
If alteration affects the title of the owner of a registered estate in land, no order
may be made under paragraph 2 without the owner’s consent in relation to land in his
possession unless—
he has by fraud or lack of proper care caused or substantially contributed
to the mistake; or
it would for any other reason be unjust for the alteration not to be made.
If in any proceedings the court has power to make an order under paragraph
2, it shall do so, unless there are exceptional circumstances which justify its not doing so.
In sub-paragraph (2), the reference to the title of the owner of a registered
estate in land includes his title to any interest which subsists for the benefit of the estate
in land.
1
(a)
(b)
2 (1)
(a)
(b)
(c)
(2)
3 (1)
(2)
(a)
(b)
(3)
(4)
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LAND TITLE REGISTRATION ACT 2011
Rules relating to alteration pursuant to a court order
Rules may—
make provision about the circumstances in which there is a duty to exercise
the power under paragraph 2, so far as not relating to rectification;
make provision about the form of an order under paragraph 2;
make provision about service of such an order.
Alteration otherwise than pursuant to a court order
The registrar may alter the register for the purpose of—
correcting a mistake;
bringing the register up to date;
giving effect to any estate, right or interest excepted from the effect of
registration; or
removing a superfluous entry.
Rectification otherwise than pursuant to a court order
This paragraph applies to the power under paragraph 5, so far as relating to
rectification.
No alteration affecting the title of the owner of a registered estate in land may
be made under paragraph 5 without the owner’s consent in relation to land in his possession
unless—
he has by fraud or lack of proper care caused or substantially contributed
to the mistake; or
it would for any other reason be unjust for the alteration not to be made.
If on an application for alteration under paragraph 5 the registrar has power
to make the alteration, the application shall be approved, unless there are exceptional
circumstances which justify not making the alteration.
In sub-paragraph (2), the reference to the title of the owner of a registered
estate in land includes his title to any interest which subsists for the benefit of the estate
in land.
Rules relating to alteration otherwise than pursuant to a court order
Rules may—
make provision about the circumstances in which there is a duty to exercise
the power under paragraph 5, so far as not relating to rectification;
4
(a)
(b)
(c)
5
(a)
(b)
(c)
(d)
6 (1)
(2)
(a)
(b)
(3)
(4)
7
(a)
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LAND TITLE REGISTRATION ACT 2011
make provision about how the register is to be altered in exercise of that
power;
make provision about applications for alteration under that paragraph,
including provision requiring the making of such applications;
make provision about procedure in relation to the exercise of that power,
whether on application or otherwise.
Rectification and derivative interests
The powers under this Schedule to alter the register, so far as relating to
rectification, extend to changing for the future the priority of any interest affecting the
registered estate or charge concerned.
Costs in rectification cases
This paragraph applies where the register is altered under this Schedule in a
case not involving rectification and a person (“the claimant”) incurs any costs or expenses
in connection with the alteration.
The registrar may make a payment to the claimant of such amount, if any, as
the registrar thinks fit in respect of the reasonable costs or expenses incurred by the
claimant—
with the prior consent of the registrar; or
with the subsequent approval of the registrar where the registrar is
satisfied—
that the costs or expenses had to be incurred urgently; and
that it was not reasonably practicable to apply for prior consent.
(b)
(c)
(d)
8
9 (1)
(2)
(a)
(b)
(i)
(ii)
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LAND TITLE REGISTRATION ACT 2011
SCHEDULE 7
(section 111)
AUTHORIZED NETWORKS
Access to networks
A person who is not the registrar or a member of the LTRO may only have
access to an authorized network under authority conferred by means of an agreement with
the registrar.
An agreement for the purposes of sub-paragraph (1) (“network access
agreement”) may authorize access for—
the communication, posting or retrieval of information;
the making of changes to the register;
the issue of official search certificates;
the issue of official copies; or
such other conveyancing purposes as the registrar thinks fit.
Rules may regulate the use of network access agreements to confer authority
to carry out functions of the registrar.
The registrar shall, on application, enter into a network access agreement with
the applicant if the applicant meets such criteria as rules may provide.
Terms of access
The terms on which access to an authorized network is authorized shall be such
as the registrar thinks fit, subject to sub-paragraphs (3) and (4), and may, in particular,
include charges for access.
The power under sub-paragraph (1) may be used, not only for the purpose of
regulating the use of the network, but also for—
securing that the person granted access uses the network to carry on such
qualifying transactions as may be specified in, or under, the agreement;
such other purpose relating to the carrying on of qualifying transactions as
rules may provide; or
enabling network transactions to be monitored.
It shall be a condition of a network access agreement which enables the person
granted access to use the network to carry on qualifying transactions that the person shall
comply with any rules for the time being in force under paragraph 5.
1 (1)
(2)
(a)
(b)
(c)
(d)
(e)
(3)
(4)
2 (1)
(2)
(a)
(b)
(c)
(3)
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LAND TITLE REGISTRATION ACT 2011
Rules may regulate the terms on which access to a land registry network is
authorized.
Termination of access
The person granted access by a network access agreement may terminate the
agreement at any time by notice to the registrar.
Rules may make provision about the termination of a network access
agreement by the registrar and may, in particular, make provision about—
the grounds of termination;
the procedure to be followed in relation to termination; and
the suspension of termination pending appeal.
Without prejudice to the generality of sub-paragraph (2)(a), rules under that
provision may authorize the registrar to terminate a network access agreement if the person
granted access—
fails to comply with the terms of the agreement;
ceases to be a person with whom the registrar would be required to enter
into a network access agreement conferring the authority which the
agreement confers; or
does not meet such conditions as the rules may provide.
Appeals
A person who is aggrieved by a decision of the registrar with respect to entry
into, or termination of, a network access agreement may appeal against the decision to the
court.
On determining an appeal under this paragraph, the court may give such
directions as it considers appropriate to give effect to its determination.
Rules may make provision about appeals under this paragraph.
Network transaction rules
Rules may make provision about how to go about network transactions.
Rules under sub-paragraph (1) may, in particular, make provision about
dealings with the LTRO, including provision about—
the procedure to be followed; and
the supply of information (including information about unregistered
interests).
(4)
3 (1)
(2)
(a)
(b)
(c)
(3)
(a)
(b)
(c)
4 (1)
(2)
(3)
5 (1)
(2)
(a)
(b)
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LAND TITLE REGISTRATION ACT 2011
Overriding nature of network access obligations
To the extent that an obligation not owed under a network access agreement
conflicts with an obligation owed under such an agreement by the person granted access,
the obligation not owed under the agreement is discharged.
Presumption of authority
Where—
a person who is authorized under a network access agreement to do so
uses the network for the making of a disposition or contract; and
the document which purports to effect the disposition or to be the
contract—
purports to be authenticated by the person as agent; and
contains a statement to the effect that the person is acting under the
authority of his principal,
the person shall be deemed, in favour of any other party, to be so acting.
Management of network transactions
The registrar may use monitoring information for the purpose of managing
network transactions and may, in particular, disclose such information to persons
authorized to use the network, and authorize the further disclosure of information so
disclosed, if the registrar considers it is necessary or desirable to do so.
The registrar may delegate his functions under sub-paragraph (1), subject to
such conditions as the registrar thinks fit.
In sub-paragraph (1), “monitoring information” means information provided in
pursuance of provision in a network access agreement included under paragraph 2(2)(c).
Supplementary
The registrar may provide, or arrange for the provision of, education and training
in relation to the use of an authorized network.
Rules
Power to make rules under paragraph 1, 2 or 3 is exercisable by the Minister
after consulting such persons as he or she considers appropriate.
In making rules under paragraph 1 or 3(2)(a), the Minister shall have regard,
in particular, to the need to secure—
the confidentiality of private information kept on the network;
6
7
(a)
(b)
(i)
(ii)
8 (1)
(2)
(3)
9
10 (1)
(2)
(a)
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LAND TITLE REGISTRATION ACT 2011
competence in relation to the use of the network (in particular for the
purpose of making changes); and
the adequate insurance of potential liabilities in connection with use of the
network.
Interpretation
In this Schedule—
“authorized network” means a network provided under section 111(1);
“network access agreement” has the meaning given by paragraph 1(2);
“network transaction” means a transaction carried on by means of a land registry
network;
“qualifying transaction” means a transaction which—
involves registration; and
is capable of being effected electronically.
(b)
(c)
11
(a)
(b)
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LAND TITLE REGISTRATION ACT 2011
SCHEDULE 8
(section 122)
MISCELLANEOUS AND GENERAL PROVISIONS
Dealings with estates subject to compulsory first registration
Rules may make provision—
applying this Act to a pre-registration dealing with an unregistered
registrable estate as if the dealing had taken place after the date of first
registration of the estate; and
about the date on which registration of the dealing is effective.
For the purposes of sub-paragraph (1)—
an unregistered estate is registrable if a person is subject to the
requirement of registration in relation to it; and
a pre-registration dealing is one which takes place before the making of
such an application.
Regulation of title matters between sellers and buyers
Rules may make provision about the obligations with respect to—
proof of title; or
perfection of title,
of the seller under a contract for the transfer, or other disposition, for valuable consideration
of a registered estate or charge.
Rules under this paragraph may be expressed to have effect notwithstanding
any stipulation to the contrary.
Implied covenants
Rules may make provision about—
the form of provisions extending or limiting any covenant implied by virtue
of section 19 of the Conveyancing Act 1983;
the application of section 19(1) of the Conveyancing Act 1983 (implied
covenants in conveyance subject to rents) to transfers of registered
estates;
reference in the register to implied covenants, including provision for the
state of the register to be conclusive in relation to whether covenants have
been implied.
1 (1)
(a)
(b)
(2)
(a)
(b)
2 (1)
(a)
(b)
(2)
3
(a)
(b)
(c)
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LAND TITLE REGISTRATION ACT 2011
Notice
Rules may make provision about the form, content and service of notice under
this Act.
Rules under this paragraph about the service of notice may, in particular—
make provision requiring the supply of an address for service and about
the entry of addresses for service in the register;
make provision about—
the time for service;
the mode of service; and
when service is to be regarded as having taken place.
Applications
Rules may make provision—
about the form and content of applications under this Act;
requiring applications under this Act to be supported by such evidence as
the rules may provide;
about when an application under this Act is to be taken as made;
about the order in which competing applications are to be taken to rank;
for an alteration made by the registrar for the purpose of correcting a
mistake in an application or accompanying document to have effect in such
circumstances as the rules may provide as if made by the applicant or other
interested party or parties.
Statutory statements
Rules may make provision about the form of any statement required under an
enactment to be included in an instrument effecting a registrable disposition or a disposition
which triggers the requirement of registration.
Residual power
Rules may make any other provision which it is expedient to make for the purposes
of carrying this Act into effect, whether similar or not to any provision which may be made
under the other powers to make rules.
4 (1)
(2)
(a)
(b)
(i)
(ii)
(iii)
5
(a)
(b)
(c)
(d)
(e)
6
7
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LAND TITLE REGISTRATION ACT 2011
SCHEDULE 9
(section 126)
CONSEQUENTIAL AMENDMENTS
Amends section 1 of Mortgage Registration Act 1786
The Mortgage Registration Act 1786 is amended in section 1 by, immediately after
subsection (3), inserting the following—
Subsections (1) to (3) shall not apply to any mortgage or conditional
conveyance of property which is—
registered land within the meaning of the Land Title Registration
Act 2011; or
an estate which is required to be registered under that Act by
virtue of sections 24 and 25 of that Act.”.
“(4)
(a)
(b)
Amends section 55(5) of Companies Act 1981
Section 55(5) of the Companies Act 1981 is amended—
in paragraph (a) by, immediately after the word “Bermuda”, inserting the
words “to which paragraph (aa) does not apply”;
by, immediately after paragraph (a), inserting the following new
paragraph—
registered land within the meaning of the Land Title Registration
Act 2011 or an estate which is required to be registered under that
Act by virtue of sections 24 and 25 of that Act—
shall be registered or otherwise protected under the Land Title
Registration Act 2011 and not under this Act; and
the priority of such charge shall be determined in accordance
with the Land Title Registration Act 2011;”.
“(aa)
(i)
(ii)
Amends section 39 of Conveyancing Act 1983
The Conveyancing Act 1983 is amended in section 39 by, immediately after
subsection (2), inserting the following—
Subsections (1) and (2) shall not apply to—
any disposition of registered land within the meaning of the Land
Title Registration Act 2011; or
“(3)
(a)
1
2
(a)
(b)
3
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LAND TITLE REGISTRATION ACT 2011
any voluntary conveyance of an estate which is required to be
registered under the Land Title Registration Act 2011 by virtue of
sections 24 and 25 of that Act.”.
(b)
[Assent Date: 21 December 2011]
104
