Chapter 005:02 - Land Registry

Link to law: http://legalaffairs.gov.gy/information/laws-of-guyana/441-chapter-502-land-registry/file

L.R.O. 1/2012
LAWS OF GUYANA
LAND REGISTRY ACT
CHAPTER 5:02
Act
18 of 1959
Amended by
1 of 1972 O. 80/1980 5 of 1972 O. 31/1992
14 of 1982 O. 7/1993 13 of 1993
4 of 1997 3 of 2003
Current Authorised Pages
Pages Authorised
(inclusive) by L.R.O.
1 – 146 ... 1/2012
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Index
of
Subsidiary Legislation
Page
Land Registry (Commencement of Section 43) Order 102
(O. 24/1968)
Registration Area Orders 103
(O. 104/11959, 84/1960, 85/1960, 90/1690, 17/1961, 18/1961,
19/1961, 22/1961, 45/1961, 29/1962, 41/1962, 70/1962, 62/1963,
63/1963, 9/1964, 10/1964,24/1964, 56/1964, 1/1965, 2/1965,
18/1965, 19/1965, 23/1966A, 27/1966A, 28/1966A,
29/1966A,6/1967, 17/1967, 22/1967, 23/1967, 71/1967, 36/1968,
37/1968, 4/1970, 5/1970, 7/1970, 8/1970, 9/1970, 10/1970,
38/1970, 37/1970, 38/1970, 90/1970, 91/1970, 92/1970, 93/1970,
6/1971, 61/1970, 4/1972, 5/1972, 18/1972, 19/1972, 20/1972,
45/1972, 46/1972, 63/1972, 64/1972, 65/1972, 66/1972, 67/1972,
79/1973, 80/1973, 81/1973, 111/1973 )

Land Registry Rules 128
(R. 2/1960)

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CHAPTER 5:02
LAND REGISTRY ACT
ARRANGEMENT OF SECTIONS
SECTION
PART I
PRELIMINARY
1. Short title and commencement.
2. Interpretation.
3. Application of other Acts.
4. Objects of Act.
5. Land not to be withdrawn.
PART II
ADMINISTRATION
6. Land registration districts.
7. Registrar of Lands and other officers.
8. Establishment of land registries.
9. Oath of office.
10. Appointment and oath of valuers.
PART III
COMMISSIONERS OF TITLE
11. Appointment of Commissioners of Title.
12. Qualification for appointment of Commissioners.
13.‖‖Commissioner’s‖oath.
14. Land Court.
15. Jurisdiction and powers of Commissioners.
16. Practice and procedure of the Land Court.
PART IV
FIRST REGISTRATION
A. Registration Areas
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SECTION
17. Designation of registration area by order.
18. Commissioner to give notice of the order.
19. Actions pending in Court.
20.‖‖Registrar’s‖report‖on‖titles‖in‖the‖area.
21. Surveys and plans of the area.
22. Applications for declarations or recording of title.
23. Hearing of applications.
24. Adjudication by Commissioner.
25. Further powers of the Commissioner.
26. Rights of absent persons safeguarded.
27. Provisions as to occupation of land.
28. Declaration of absolute title.
29. Declaration of provisional title.
30. Recording of documents of title by the Commissioner.
31. Publication of declarations and records of title.
32. Registration of declarations of title.
33. Recording of documents of title by the Registrar.
34. Appeals.
35. No registration or record of title pending appeal.
36. Order where appeal allowed.
B. Areas other than registration areas
37. First registration of public lands and of State grants.
38. Application for declaration of title.
39. Hearing of applications.
40. Decision of Commissioner.
41. Declaration of absolute title in the case of doubtful titles.
42. Publication of declarations of title and procedure thereafter.
43. First registration by transport.
44. First registration upon order of Court.
45. First registration in lieu of Judicial sale transport.
46. First registration upon vesting under an Act.
47. First registration upon partition or re-allotment.
C. General
48. Endorsement of documents filed as of record.
49. First registration with absolute title adverse to provisional title.
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SECTION PART V
THE REGISTER
50. Form of register.
51. Index plan and blocks.
52. First entry in register.
53. No registration except by plan.
54. Entry of memorials in register.
55. Provisions as to instruments.
56. Endorsement of instruments.
57. Registration of instruments.
58. Filing of instruments.
59. Instruments not to be registered.
60. Rectification of register by Registrar.
61. Rectification of register by Court.
62. Titles not to be cancelled.
63. Approved plans.
PART VI
TITLE OF REGISTERED PROPRIETORS
64. Instruments ineffectual until registered.
65. Nature of title.
66. Absolute title.
67. Provisional title.
68. Conversion of provisional into absolute title.
69. Protection of person dealing in registered land.
70. Actions of ejectment.
71. Certificate of title.
72. Production of certificate.
73. Lost or destroyed certificates.
74. Replacement of certificates.
75. Admissibility of certificates.
PART VIII
TRANSFERS
76. Form and effect of transfer.
77. Transfer of mortgaged or charged land.
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SECTION
78. Life interests.
79. Proof of purchase before Commissioner.
PART IX
MORTGAGES AND CHARGES
80. Form of mortgage and charge.
81. Conditions implied in mortgages.
82. Variation of mortgages and charges.
83. Postponement of prior mortgages and charges.
84. Discharge of mortgages and charges.
85. Payment to credit of absent mortgagee.
86. Discharge of mortgage or charge by Registrar on proof.
87. Creation of lien by deposit of certificate.
88. Enforcement of mortgages and charges.
PART X
LEASES
89. Leases.
90. Conditions implied in leases.
91. Variation and extension of leases.
92. Renewal and substitution of leases.
93. Leases of mortgaged or charged land.
94. Sub-leases.
95. Surrender of leases.
96. Determination of leases.
PART XI
TRANSMISSION
97. Transmission on death.
98. Dealings where transmission not registered.
99. Application to register persons entitled.
100 Transmission on insolvency.
101. Effect of disclaimer, discharge and annulment.
102. Receiving, winding-up and other orders.
103. Transmission by operation of law.
104. Transmission on death of joint proprietor or holder for life.
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SECTION
105. Effect of transmission.
PART XII
ACQUISITION OF TITLE BY ADVERSE POSSESSION
106. Acquisition of title by adverse possession.
107. Application for declaration of title and procedure thereon.
108. Title of registered proprietor to prevail.
109. Extinction of previous title.
110. No limitation against registered proprietor.
PART XIII
EASEMENTS, RESTRICTIVE COVENANTS AND OTHER RIGHTS
AND INTERESTS
111. Registration of easements and restrictive covenants.
112. Removal from the register of easements and restrictive cove- nants.
113. Easements enjoyed by the public.
114. Provisions as to buildings.
115. Rights of way of necessity.
PART XIV
TRUSTS
116. Registration of proprietor in a fiduciary capacity.
117. Restriction may be entered but no trusts.
118. Removal of restrictions.
119. Exoneration of persons dealing.
PART XV
JUDGMENTS AND WRITS
120. Effect of judgments and writs.
121. Registration of judgments and writs.
122. Removal from register of memorials of judgments and writs.
123. Lapsing of memorials of judgments.
124. Sales in execution.

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SECTION PART XVI
CAVEATS AND PROHIBITIONS
125. Caveats.
126. Prohibitions.
PART XVII
ASSURANCE FUND AND COMPENSATION
127. Establishment of Assurance Fund.
128. Claims against the Fund.
129. Fund not liable in certain cases.
130. Persons not entitled to compensation.
131. Amount of compensation.
132. Notice of action.
133. Admission or compromise of claim.
134. Summary determination of compensation.
135. Action for recovery of compensation.
136. Right of Registrar to enforce judgment.
137. Right of Registrar to recover compensation payable or paid.
138. Costs against the Fund.
PART XVIII
GENERAL PROVISIONS
139. Inspection of register.
140. Certified copies.
141. Official search.
142. Stay of registration.
143. Powers of the Registrar.
144. Registrar may state case.
145. Appeal against decision of Registrar.
146. Appeal against decision of Commissioner.
147. Court proceedings affecting land.
PART XIX
MISCELLANEOUS PROVISIONS
148. Addresses.
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SECTION
149. Service of notices.
150. Instruments deposited in Deeds Registry.
151. Special powers of attorney.
152. Execution of instruments.
153. Protection of Registrar against actions.
154. Exoneration of the Registrar.
155. Offences.
156. Unqualified practitioners.
157. Other remedies.
158. Fiat of Director of Public Prosecutions.
PART XX
RULES, FORMS, FEES, ETC.
159. Power of Minister to make rules.
160. Forms.
161. Fees.
162. Declaration as to consideration.
163. Remuneration of legal practitioners.
164. Accounts.
FIRST SCHEDULE—Forms of document.
SECOND SCHEDULE—Fees.
__________________________
1959 Ed.
c. 53 _______________________________________________________
18 of 1959 An Act to provide for the registration of land and for
matters connected therewith.
[21ST JULY, 1960]
Short title.
PART I
PRELIMINARY
1. (1) This Act may be cited as the Land Registry Act.
CHAPTER 5:02
LAND REGISTRY ACT

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Interpretation.
(2) The Minister shall appoint the day or days on
which this Act or any parts or provisions thereof shall come
into force in Guyana or any portion thereof and may restrict
or extend the application of any parts or provisions of this Act
to any portion of Guyana in such manner as he thinks fit.
2. (1) In this Act –
“approved plan” means a recorded plan which has been
approved by the Commissioner of Lands in accordance
with section 63
“Commissioner” means a Commissioner of Title appointed
under‖ this‖ Act,‖ and‖ in‖ relation‖ to‖ any‖ land‖ ―the‖
Commissioner means the Commissioner of Title within
whose jurisdiction the land lies;
“Court” means the High Court;
“dealing” means any transaction of whatever nature by which
the rights of persons in or over land are affected;
“district” means a land registration district under this Act;
“document of title” means any document which evidences the
title of any person to unregistered land and which is
registered in the Deeds Registry or in the Lands
Department;
“endorsement” includes anything written upon or in the
margin or at the foot of any document;
“instrument” includes any deed, judgment, decree, order or
other document in writing which requires or is capable of
registration under this Act;
“interest” in relation to land includes any mortgage, charge,
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lease, easement or any other right, liability, or burden,
on, in or over land;
“judge” means a judge of the Court;
“land”‖ includes all things growing thereon or permanently
affixed thereto and except as otherwise provided in this
Act, all buildings thereon;
“memorial” means an entry made in the Register and signed
by the Registrar of any instrument presented for
registration;
“parcel” means any separate lot or other area into which land
is divided or sub-divided;
“recorded plan” means a plan of a survey made by a sworn
land surveyor and recorded with the Commissioner of
Lands in accordance with and pursuant to the laws for
the time being in force relating to surveys by sworn land
surveyors and includes any other plan authorised by and
recorded with the Commissioner of Lands prior to the
coming into force of this Act;
“register” means the register kept under this Act;
“to register” means to register under this Act, and the
words registered, unregistered, and registration shall be
construed accordingly;
“Registrar” means the Registrar of Lands appointed under
this Act and includes the Deputy Registrar and an
assistant registrar;
“transfer” means the passing of land by act of the parties and
not by operation of law and also the instrument by which
such passing is effected;

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Application of
other Acts.
c. 5:01
“transmission” means the vesting of land by operation of law
on the death or insolvency of a registered proprietor or
otherwise.
(2) For the purposes of this Act the description of
any person as proprietor, transferor, transferee, mortgagor,
mortgagee, lessor or lessee shall unless the context otherwise
requires include the executors, administrators, successors,
transferees and assigns of that person.
(3) Unless the context otherwise requires, reference
in any Act to a transport or to the passing of a transport in
respect of any land shall, if the land is registered land, be
deemed to be a reference to a transfer or to the execution and
registration of an instrument of transfer as the case may be.
(4) References in this Act to land shall where the
context so admits include references to interests in land.
3. (1) Except as otherwise provided in this Act, no
other Act and no regulations, rules, laws, practice or
procedure relating to land shall apply to registered land so far
as they are inconsistent with this Act, and in particular but
without prejudice to the generality of the foregoing, the law
and practice relating to conventional mortgages or
hypothecs of immovable property and to easements,
profits a prendre or real servitudes and to oppositions shall
not apply to registered land, but unless a contrary intention
appears nothing contained in this Act shall be construed as
permitting any dealing or other act which is forbidden under
the express provisions of any other Act or as overriding any
provision of any other Act requiring the consent or approval
of any authority or person to any dealing or other act.
(2) Except as otherwise provided in this Act, the
Deeds Registry Act shall not apply to registered land and,
unless the context otherwise requires, reference in any Act or
other law to the Deeds Registry Act or to the Deeds Registry
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Objects of Act.
Land not to be
withdrawn.

Land
registration
districts.
or to the Registrar of Deeds in relation to any land or in
relation to any dealing or instrument affecting any land shall,
if the land is registered land, be deemed to be a reference to
this Act or to the land registry or to the Registrar of Lands as
the case may be.
4. (1) The objects of this Act are to simplify the title to
land and facilitate dealing therewith and to secure
indefeasibility of title to all registered proprietors, except in
certain cases specified in this Act.
(2) This Act shall be construed in such manner as
shall best give effect to the objects hereinbefore declared.
5. No land once subject to the provisions of this Act
shall be withdrawn therefrom.
PART II
ADMINISTRATION
6. (1) For the purposes of this Act, the Minister may
by order –
(a) divide Guyana or any portion
thereof into land registration
districts;
(b) constitute in any part of Guyana a
land registration district or districts;
(c) distinguish the districts by the name
or number he thinks proper; and
(d) vary the limits of any district.
(2) Every such order shall be published in the
Gazette, and shall take effect on the publication thereof or at
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Registrar of
Lands and
other officers.
Establishment
of land
registries.

Oath of office.
any other time mentioned therein.
7. (1) There shall be a Registrar of Lands and a
Deputy Registrar of Lands, who shall be the persons for the
time being holding the offices of Registrar of Deeds and
Deputy Registrar of Deeds respectively.
(2) There shall be such number of assistant
registrars and other officers as may be necessary for the
purposes of this Act.
(3) The Deputy Registrar shall, subject to the
general or special directions of the Registrar, assist the
Registrar in the performance of his duties under this Act and
shall in the exercise of his office have all the powers and may
exercise all the functions of the Registrar.
(4) An assistant registrar shall act under and
conform to the directions of the Registrar and subject thereto
shall when in charge of a land registry have all the powers
and may exercise all the functions of the Registrar in such
land registry except such as may be expressly required to be
exercised by the Registrar.
8. (1) There shall be established and maintained in
each district a land registry, and the land registry in
Georgetown shall be the Principal Land Registry.
(2) The Registrar shall maintain in each land
registry a register for the registration of the title to land in the
district in respect of which such land registry has been
established and for the recording of dealings under this Act.
(3) Every land registry shall have a seal for the
sealing of documents.
9. The following oath shall be taken before the Chief
Justice by every Registrar, Deputy Registrar and assistant
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Appointment
and oath of
valuers.

Appointment
of
Commissioners
of Title.
Qualification
for appoint-
ment of
Commissioners
.
registrar who may hereafter be appointed, before entering
upon the duties of his office:
“I,‖A.B., swear by Almighty God that I will faithfully
and to the best of my ability execute and perform the office
and duties of Registrar of Lands (or Deputy Registrar, or
assistant registrar as the case may be) pursuant to the Land
Registry Act.
10. (1) The Registrar may appoint persons to be sworn
valuers and may annul the appointment of any such person.
(2) Every such person shall on appointment take
the following oath before the Registrar who is hereby
authorised to administer the same:
“I,‖A.B., swear by Almighty God that in making any
valuation I will act faithfully and honestly and to the best of
my skill and ability.”
PART III
COMMISSIONER OF TITLE
11. There shall be such number of Commissioners of
Title as may be necessary for the purposes of this Act.
12. (1) No person shall be appointed a Commissioner
unless he is an attorney-at-law of not less than five years
standing.
(2) No person appointed a Commissioner shall
during tenure of office practise either directly or indirectly as
an attorney-at-law, or be in partnership with any person so
practising.
(3) For the purposes of this section –

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Commission-
er’s‖oath.

Land Court.
Jurisdiction and
powers of
Commissioners
.
Practice and
procedure of
Land Court.
“attorney-at-law” means any person duly entitled to practise
as a barrister-at- law or advocate in any superior court
of the Commonwealth.
13. A Commissioner shall before entering upon the
duties of his office take oath of office set out in the Schedule
to the Constitution.
14. (1) For the purpose of this Act, a court of special
jurisdiction shall be established for each district.
(2) Every such court shall be called a land court,
and shall be a court of record and shall have a seal.
(3) A Commissioner shall be the presiding judge at
every sitting of a land court.
15. (1) A Commissioner shall have jurisdiction in all
claims made under this Act relating to land situated in the
district or districts for which a Land Court is established with
powers to determine any questions that may need
determination in connection with such claims.
(2) A Commissioner shall have all the powers of a
judge of the Court in respect of procedure in a Land Court,
including the summoning of and administering of oaths to
witnesses, assessors, land valuers, appraisers and other
persons whose advice, assistance or evidence shall seem to
him to be necessary, the production of instruments and
records and the due and proper administration of justice and
order in the said court.
16. (1) Practice and procedure in the Land Court shall
be regulated by this Act, and by rules of court made as
hereinafter provided.
(2) The Minister may appoint a committee
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c. 3:05
Sub Leg.
Designation of
registration
area by order.
consisting of one or more Commissioners, a practising
attorney-at-law to make rules of court.
(3) Rules of court shall be subject to the approval of
the Minister who may amend them, and such rules shall not
come into operation until they have been so approved and
published in the Gazette.
(4) Until rules are made under subsections (1) and
(2), the Summary Jurisdiction (Civil Procedure) Rules shall
apply with such adaptations as may be necessary and so far
as the same can be applied to proceedings in the Land Court.
PART IV
FIRST REGISTRATION
A. Registration Areas
17. (1) The Minister may by order designate any area
of land defined in the order (hereinafter in this Part referred
to as the “area”) as a registration area.
(2) The Minister may by any order made under
subsection (1) or by subsequent order –
(a) make such supplemental and
consequential provisions as he may
consider necessary for giving full
effect to the order or for carrying it
into effect;
(b) prescribe the fees to be paid in respect
of the first registration of any land in
the area.
(3) Every order made under this section shall be
published once in each of three successive weeks in the
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Commissioner
to give notice of
the order.
Gazette and in a daily newspaper circulating in Guyana and
upon such publication shall have the same effect as if it were
contained in the Act.
(4) A copy of any order made under this section
shall be forwarded to the Commissioner, the Registrar of
the Court, the Registrar and the Commissioner of Lands.
18. (1) Upon receipt of the copy of the order the
Commissioner shall forthwith prepare and publish a notice
(hereafter in this Part referred to as “the notice”‖–
(a) requiring every person who claims
title to any unregistered land in the
area under a document of title to
apply to the Commissioner to record
the said document; and
(b) requiring every person who claims to
have acquired title by inheritance,
devise, purchase, adverse possession
or in any other manner to any
unregistered land in the area but who
holds no document of title therefor to
apply to the Commissioner for a
declaration of title thereto under this
Act; and
(c) requiring every person who claims
title or to have acquired title as
aforesaid to any share in any land in
the area or to be the mortgagee of any
such share and who desires the
partition of such land to apply to the
Commissioner for such partition; and
(d) specifying the period within which all
such applications shall be submitted.
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Actions
pending in
Court.

Registrar’s‖
report on titles
in the area.
plans of the
(2) The Commissioner shall forthwith cause copies
of the notice to be posted in conspicuous places in all land
registries and in the office of the District Commissioner of the
administrative district within which the area is situate and in
every post office and police station within such district, and
shall also cause not less than ten copies of the notice to be
posted at conspicuous places within the area, and shall take
such other steps as he considers necessary to advertise the
notice and shall forward a copy of the notice to the Registrar
of the Court, the Registrar and the Commissioner of Lands.
19. (1) Where after the expiration of the specified
period any proceedings in the Court for a declaration of title
to land in the area are commenced or are pending, the Court
shall remit the matter to the Commissioner for determination
as if it were an application made under section 22.
(2) This section shall cease to apply after the
publication of the list referred to in section 31.
20. Upon receipt of the copy of the order the Registrar
shall forthwith investigate what titles if any are registered in
the land registry or in the Deeds Registry or in the Lands
Department in respect of land in the area, and after such
investigation shall submit to the Commissioner a report on
the titles to land in the area and shall endorse or cause to be
endorsed on such titles a reference to the order.
21. (1) The Commissioner of Lands shall cause such
surveys and plans of the area to be made or supplied as may
be prescribed or as may be directed by the Commissioner.
(2) The actual cost of the surveys and plans
referred to in subsection (1) shall be borne by every person
who makes a claim under section 18, in the proportion to
which such claim bears to the whole, and shall be recoverable
by the Commissioner as a debt owing to the State:
Surveys‖and‖
area.
[4 of 1997]
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Applications
for declarations
or recording of
title.
Provided that the Minister responsible for Agriculture
may, for reasons stated and on grounds including the relief of
the poor or victims of abuse, the promotion of education or
religion or any other good cause, waive all or any part of the
cost of the said surveys or plans.
22. (1) Upon publication of the notice –
(a) the Commissioner of Lands shall
apply for the registration of public
land in the name of the State;
(b) every person who claims title to any
unregistered land in the area under a
document of title shall apply to have
the document recorded;
(c) every person who claims title to any
unregistered land in the area but who
holds no document of title therefor
shall apply for a declaration of title
thereto;
(d) every person who claims title to a
share in any land in the area or to be
the mortgagee of any such share may
apply to have the land partitioned.
(2) Every such application shall be lodged with the
Commissioner within the period specified in the notice
together with the documents or other evidence relied on in
support of the application.
(3) The Commissioner may permit any person to
make an application out of time upon such conditions as he
thinks fit.

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Hearing of
applications.
Adjudication
by
Commissioner.
23. (1) Upon the expiration of the specified period the
Commissioner shall fix the day and place for hearing
applications and shall cause not less than thirty days’‖notice‖
thereof to be given by registered post to every applicant and
by publication in the Gazette and in one daily newspaper
circulating in Guyana.
(2) The Commissioner shall proceed to hear and
determine the applications upon the day appointed or upon
any other day to which he may have adjourned the hearing.
24. The Commissioner shall determine who is entitled
to each and every parcel of unregistered land in the area and
shall –
(a) record all documents of title to
unregistered land in respect of which
he is satisfied –
(i) that the person claiming
ownership under any such
document is the person or
derives title under or through
the person named in the
document;
(ii) that no other person is able to
establish title to the land by
possession adverse to the title
of the claimant;
(b) make a declaration of title to each
parcel of unregistered land in respect
of which he is satisfied that no person
is the owner and entitled to
possession thereof under a document
of title, subject to such interests as
may have been admitted or proved to
subsist therein or thereover;
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Further powers
of the
Commissioner.
(c) partition in conformity with the
manner in which it is being occupied
by the persons entitled thereto or in
any other manner he considers
expedient to ensure its more
beneficial occupation any land in
respect of which an application for
partition has been received under
section 22:
Provided that he shall so far as
possible divide such land between the
persons entitled thereto in proportion
to their respective shares;
(d) make a declaration of title in favour of
the State to any land in respect of
which no person is able to establish
title to his satisfaction and he is
unable after due enquiry to identify
any person as being entitled thereto.
25. (1) The Commissioner may –
(a) adjust the boundaries of any land in
the area or reallot the same to ensure
the more beneficial occupation thereof
or to effect a more suitable sub-
division thereof;
(b) make any reservations he considers
necessary for the purpose of laying
out roads and paths or for the better
drainage of any land or for any other
purposes connected with the
improvement thereof;

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(c) make a declaration of such right of
way of necessity over any land in the
area in favour of any other land in the
area as may to him seem necessary
and just and may direct the manner
which the right of way is to be
exercised and in such case he shall
direct that a memorial of the right of
way be entered in the land registry or
in the Deeds Registry or in both in
respect of the dominant land and of
the servient land;
(d) award such compensation as may to
him appear just to any person who
has suffered loss of land as the result
of any adjustment of boundaries or
the partition or re-allotment of any
land or the creation of any right of
way and may make an order directing
by whom such compensation shall be
paid;
(e) determine the proportion in which the
expenses of any partition shall be
borne by the persons interested
therein and make an order
accordingly;
(f) make an order as to costs not
exceeding fifty dollars.
(2) Any order for the payment of compensation
expenses or costs made against the proprietor of any land
shall create a lien on such land which shall be preferent over
all debts whatever except debts due to the State and shall be
enforceable in the same manner as a judgment of the Court.

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Rights of
absent persons
safeguarded.
Provisions as to
occupation of
land.
Declaration of
absolute title.
(3) On re-alloting land or adjusting the boundaries
thereof or on making any reservation the Commissioner –
(a) may cancel or amend any document
of title to give effect thereto; and
(b) shall in the case of a partition cancel
all documents of title in respect of the
land partitioned and issue
declarations of title therefor.
26. If the Commissioner is satisfied that any person
who has not made an application is entitled to any
unregistered land in the area he may proceed as if that person
had duly made an application, and if in such case the person
is entitled to the land under a document of title the
Commissioner may call upon the Registrar of Deeds or
the Commissioner of Lands to supply him with a certified
copy of such document of title.
27. The Commissioner shall give effect to the
following provisions –
(a) all waste, forest and unoccupied land
shall be deemed to be the property of
the State until the contrary is proved;
(b) the exercise by any person of rights in
or over one or more portions or
pieces of land shall not be taken as a
presumption in his favour of
ownership of any rights in or over
any greater extent of land than that in
or over which such rights were
exercised.
28. If the Commissioner is satisfied that a claimant is
in possession of the land the subject of the application or any
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Declaration of
provisional
title.
Recording of
documents of
title by the
Commissioner.

Publication of
declarations
and records of
part thereof by himself or by any person holding under him
and that he would be entitled to maintain and defend such
possession against any other person claiming the same or any
part thereof, his declaration shall be a declaration of absolute
title.
29. If the Commissioner is satisfied that a claimant or
any person through whom he claims has been in possession
of the land for not less than five years but is not satisfied that
the claimant would be entitled to maintain and defend his
possession against any person claiming a right or interest
arising before a specified date or under a specified instrument
or which can be otherwise particularly described, the
Commissioner having regard to the history of the title to the
land and to the possibility of any other person being able to
establish title thereto and to recover possession thereof may
nevertheless make a declaration of title, but such declaration
shall be a declaration of provisional title, and the
Commissioner shall specify therein the nature of the
qualification to which the title is to be subject.
30. The Commissioner shall record each document
of title by endorsing thereon a reference to the parcel-number
of the land referred to therein and preparing a statement
showing –
(a) the reference number and date of the
document as filed in the Deeds
Registry;
(b) the parcel-number of the land referred
to therein; and
(c) the name and address of the person
entitled under the document.
31. (1) The Commissioner shall cause a list of all
declarations and records of title made by him to be published
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title.
Registration of
declarations of
title.

Recording of
documents of
title by the
Registrar.
in the Gazette and in one daily newspaper circulating in
Guyana and to be otherwise advertised in such manner as
may be prescribed.
(2) The Commissioner shall thereupon transmit to
the Registrar all declarations and records of title made by
him together with the documents of title produced to him.
32. Subject as hereinafter provided, upon receipt of
any declaration of title the Registrar shall register the title of
the person named in the declaration as proprietor of the land
in accordance therewith.
33. (1) Subject as hereinafter provided, upon receipt of
any record and document of title the Registrar shall record
the same by opening in the register a folio in respect of the
parcel and entering therein a reference to the document as
filed in the Deeds Registry and endorsing thereon the words
“not registered” and notwithstanding any provision of this
Act such land shall for all purposes be unregistered land.
(2) Where under section 25 the Commissioner has
amended any document of title the Registrar shall record the
amendment upon the document filed in the Deeds Registry
and the document shall thereafter have full force and effect as
amended.
(3) The Registrar shall thereupon return the
document of title to the person entitled thereto.
(4) Where a folio has been opened in respect of any
parcel with the endorsement “not registered”, a reference to
the parcel-number shall be entered on every subsisting
document of title and on every subsequent document of title
affecting the parcel and registered and filed as of record in
the Deeds Registry, and notice of every such subsequent
document of title shall be given to the Registrar who shall
enter in the folio of the parcel a reference thereto.
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Appeals.

No registration
or record of
title pending
appeal.

Order where
appeal allowed.
First
registration of
public lands
and of state
grants.
[3 of 2003]
(5) Nothing in this section shall operate to prevent
any land in respect of which a document of title has been
recorded under this section from being subsequently brought
under the operation of this Act under any other provision
thereof.
34. (1) Any person aggrieved or affected by a decision
of the Commissioner may appeal therefrom to the Full Court
of the High Court within twenty-eight days from the date of
the Gazette in which the list of declarations and records of title
appear.
(2) The Full Court shall have all the powers and
duties of the Commissioner together with the power to
receive further evidence on any question of fact.
35. No declaration or document of title shall be
registered or recorded by the Registrar until the expiration of
twenty-eight days as aforesaid, or, in cases where an appeal
has been brought, until such appeal has been withdrawn,
abandoned or dismissed.
36. If an appeal is allowed, the appellate court shall
make such declaration or record of title or such other order as
the case may require, and the Registrar of such Court shall
transmit a copy of the judgment to the Registrar who shall
thereupon register or record the declaration or document of
title as the case may be.
B. Areas other than Registration Areas
37. (1) The Commissioner of Lands may apply to the
Registrar for the registration of any land in the name of the
State.
(2) The President may in lieu of making a
grant of any unregistered State land issue directions to the
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Commissioner of Lands to apply for the registration of the
title of the proposed grantee as proprietor of the land.
(3) In applying to the Registrar for the registration
of any such land, the Commissioner of Lands shall furnish to
the Registrar –
(a) a statement that the land is the
property of the State together with
any existing title thereto;
(b) a statement of any interests known to
subsist in or over the land or which it
is desired to show upon the register;
(c) a recorded plan of the land.
(4) On receiving any such application the Registrar
shall cause a notice thereof to be published once in the
Gazette and once in each week for three consecutive weeks in
of three publications in each of the newspapers occurring on
the same date as the publication in the Gazette in so far as is
practicable.
(5) Any person claiming title to or interest in any
land, or claiming to be in possession of any land, in respect of
which such application has been made may within one month
of the date of the Gazette in which the advertisement first
appears lodge with the Registrar a notice of objection.
(6) If on the expiration of the said period of one
month no notice of objection has been received, the Registrar
shall register the State or the proposed grantee as proprietor
of the land subject to any interests as aforesaid.
(7) If any notice of objection is received, the
Registrar shall unless the application is withdrawn transmit
each of two daily newspapers circulating in Guyana, the first
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Application for
declaration of
title.
the application, statements and plan together with the notice
of objection to the Commissioner who shall thereupon
proceed as if an application has been transmitted to him by
the Registrar under the next following section.
38. (1) Any person who claims to be the owner or in
possession of any unregistered land but who holds no
document of title therefor may apply to the Commissioner for
a declaration of title to the said land.
(2) Such application shall be lodged with the
Registrar together with –
(a) the documents or other evidence
relied on in support of the
application;
(b) an affidavit containing such
particulars as may be prescribed; and
(c) a diagram or plan of the land.
(3) An application from a person claiming
ownership of an undivided share of unregistered land shall
not be proceeded with unless the persons claiming
ownership of the remaining undivided shares therein join in
the application so that the entirety of the land can be included
in the declaration of title, but any such person may apply to
have such land partitioned and for a declaration of title in
respect of his divided share thereof and if the Commissioner
is of the opinion that such land should be partitioned to
ensure the more beneficial occupation thereof, the
Commissioner may partition the same and shall have all the
powers conferred on him by section 25 in respect thereof.
(4) The Registrar shall investigate whether title to
the land has at any time been registered in the land registry or
in the Deeds Registry or in the Lands Department and after
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Hearing of
applications.
such investigation shall transmit to the Commissioner the
application, documents, affidavit and plan together with a
report on the title.
39. (1) Upon receipt of an application the
Commissioner shall fix a day for hearing and shall cause not
less‖than‖thirty‖days’‖notice‖thereof‖to‖‖be‖given‖by‖publication‖
in the Gazette and in a daily newspaper circulating in
Guyana and shall also give notice by registered post to the
applicant, to any person named in the report of the Registrar
as the holder of a document of title to the land, to the
occupants if any of the land and to the proprietors of
adjoining lands.
(2) Any person claiming to be the owner or to be in
possession of any land in respect of which a declaration of
title is sought under this section or claiming any interest
therein may, not less than seven days before the date fixed
for hearing the application, submit to the Commissioner a
counter-application or notice of objection.
(3) A counter-application or notice of objection
may, with the leave of the Commissioner given in such
circumstances and on such terms as the Commissioner may
determine, be submitted at any time before the determination
of the application.
(4) Subsection (3) of the last preceding section shall
apply to counter-applications.
(5) The Commissioner shall proceed to hear the
application and counter-application if any upon the day
appointed or upon any other day to which he may have
adjourned the hearing.
(6) An application or counter-application may be
withdrawn at any time before the Commissioner has
delivered his decision. Where any application has been
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Decision of
Commissioner.

Declaration of
absolute title in
the case of
doubtful titles.
withdrawn, the Commissioner shall decide any counter-
application as if it were an application made under subsection
(1) of the last preceding section.
(7) The Commissioner may adjourn the hearing for
further investigation, evidence or advertisement or for a plan
to be made or to allow further time to elapse in favour of any
party.
40. (1) Upon the conclusion of the hearing the
Commissioner may –
(a) issue a declaration of title in favour of
the applicant or of any counter-
applicant in respect of the land or of
any part thereof subject to such
interests as may have been admitted
or proved to subsist thereover;
(b) dismiss the application or any
counter-application;
(c) make any order as to costs not
exceeding fifty dollars.
(2) Subject to the next succeeding section a
declaration made under this section may be of absolute or of
provisional title in accordance with sections 28 and 29.
41. (1) Subject as hereinafter provided, in any case in
which the Commissioner would be required under section 29
to make a declaration of provisional title, he may make a
declaration of absolute title.
(2) Before making such a declaration the
Commissioner shall give notice by advertisement in the
Gazette and in at least one daily newspaper circulating in
Guyana, and by service on such persons as he may consider
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Publication of
declaration of
title and
procedure
thereafter.
First
registration by
transport.
c. 5:01.

necessary, of his intention to make a declaration of absolute
title unless an objection is submitted within such time as may
be appointed, being not less than one month nor more than
twelve months from the date of such advertisement.
(3) If thereafter the Commissioner makes a
declaration of absolute title, he may direct that the person in
whose favour it is made shall as a condition of registration
with an absolute title pay to the Assurance Fund such
additional contribution as he may consider necessary and
just.
42. (1) On the making of any declaration of title, the
Commissioner shall cause a notice thereof to be published in
the Gazette and in one daily newspaper circulating in Guyana.
(2) The Commissioner shall thereupon transmit the
declaration of title to the Registrar, and thereafter sections 32
to 36 (inclusive), so far as they are applicable to declarations
of title, shall apply, and the period referred to in section 34 (1)
shall commence from the date of the Gazette in which the
aforesaid notice appears.
43. (1) Subject to the provisions of the Deeds Registry
Act, land held under a document of title may be brought
under the operation of this Act by passing transport thereof to
any person as registered proprietor.
(2) Where an agreement has been made for the
sale and purchase of any unregistered land by transport, the
purchaser may require the vendor to pass transport to him as
registered proprietor and the vendor shall thereupon pass
transport accordingly.
(3) Any person may pass transport of any land to
himself as registered proprietor and in such case no duty shall
be payable in respect of such transport.

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c. 5:01
First
registration
upon order of
Court.
First
registration in
lieu of judicial
sale transport.
(4) Any transport passed in accordance with this
section shall be passed in the same manner and subject to the
same conditions as transports passed under the Deeds
Registry Act save and except –
(a) that in the vendors instructions to
advertise and in every advertisement
and in the transport the transferee
shall be described by the addition of
the words as registered proprietor
under the Land Registry Act; and
(b) that on being passed the transport
shall be registered in accordance with
this Act and not the Deeds Registry
Act.
(5) No transport shall be passed under this section
unless the Registrar has certified in the certificate which he is
required to sign under the Deeds Registry Rules that the land
is not already registered under this Act and unless the person
passing the transport is the owner of the entirety of the land
sought to be registered.
44. Where by any judgment or order the Court,
whether on appeal or otherwise, has awarded to any person
title to any unregistered land or has declared that any person
is entitled to such land, the Registrar of the Court shall
transmit to the Registrar a copy of the said judgment or order,
and the Registrar shall thereupon register the title of such
person as the proprietor thereof.
45. Upon the sale in execution of any unregistered
land, the marshal shall deduct from the proceeds of sale the
costs of registering the title of the purchaser as the proprietor
of the land. So soon as the purchase money has been paid in
full, the marshal in lieu of passing a judicial sale transport
shall execute an application for the registration of the title of
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First
registration
upon vesting
under an Act.
First
registration
upon partition
or re-allotment.
c. 60:03

Endorsement of
documents
filed as of
record.
the purchaser as proprietor of the land. Such application,
together with the costs of registration shall be lodged by the
marshal with the Registrar who shall thereupon register the
title of the purchaser accordingly.
46. Where in accordance with any Act any
unregistered land hereafter becomes vested in the State or in
any person, the plans of such land and any certificate or other
document required by any such Act to be deposited shall be
deposited with the Registrar who shall thereupon register the
title of the State or person as the proprietor of the land so
vested.
47. Where any unregistered land has been partitioned
or re-allotted under the District Lands Partition and Re-
allotment Act, the officer appointed by the Minister under
that Act shall apply to the Registrar for registration of the
titles of the persons to whom the land has been allotted, and
the Registrar shall thereupon register the titles accordingly.
C. General
48. Upon the first registration of any land –
(a) any subsisting documents of title filed
as of record in the Deeds Registry or
in the Lands Department and
referring to the land shall be endorsed
with a statement that the land has
been registered under this Act and
with a reference to the parcel-number
under which the land has been
registered; and
(b) all documents produced to the
Commissioner or to the Registrar as
evidence of title to the land to which
they refer shall be marked cancelled
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First
registration
with absolute
title adverse to
provisional
title.

Form of
register.
Index plan and
blocks.
and retained in the land registry.
49. (1) Any person claiming ownership of any land
under any title subject to which the land was registered, or
the existence or possible existence of which is referred to in a
declaration of provisional title, may apply to the
Commissioner for a declaration of absolute title in accordance
with this Act, but shall serve a copy of such application on the
registered proprietor.
(2) If on the hearing of the application the
Commissioner is satisfied that the applicant is the owner of
the land under the aforesaid title and that, but for the
certificate of provisional title, he would be entitled to recover
possession thereof from the registered proprietor, the
Commissioner shall make a declaration of absolute title in
favour of the applicant and an order that the provisional title
be cancelled or rectified and that the certificate of provisional
title be called in for cancellation or rectification.
PART V
THE REGISTER
50. The register shall be in such form as may be
prescribed.
51. (1) An index map shall be kept showing the
boundaries of all registered land.
(2) For the purposes of the index map Guyana
shall be divided into areas to be known as “blocks” and every
block shall be given a reference number.
(3) The parcels in each block shall be numbered
consecutively and the numbers of the block and parcel shall
together be the parcel- number and shall be a sufficient
reference to any parcel.
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First entry in
register.
No registration
except by plan.
Entry of
memorials
register.
52. Upon the first registration of any parcel of land
under this Act, the Registrar shall open in the register a folio
which shall be the register in respect of that parcel and shall
enter thereon a memorial of the title of the proprietor and the
parcel-number and the land comprised in that parcel shall
thereupon become subject to the operation of this Act.
53. The Registrar shall not bring under this Act any
land whether pursuant to a declaration of title or an order of
the Court or of the Commissioner or otherwise nor shall he
register any interest, sub- division or partition in or of
registered land, unless it is delineated on and defined or
identified by a recorded plan:
Provided that if such land, interest, sub-division or
partition is delineated on and defined or identified by a
diagram or plan other than a recorded plan which in the
opinion of the Registrar sufficiently defines or identifies the
same to enable it to be located by survey, the Registrar may
register the same in accordance with such diagram or plan
subject to such conditions as may be prescribed.
54. (1) The Registrar shall enter upon the register of
each parcel a memorial of –
(a) all subsisting interests to which that
parcel is subject at the time when it is
brought under the operation of this
Act in such manner as to preserve the
priorities thereof;
(b) every instrument dealing or other
matter affecting that parcel which is
required by this Act to be registered.
(2) Every memorial entered in the register shall be
in such form as may be prescribed.
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Provisions as to
instruments.

Endorsement of
instruments.
Registration of
instruments.
55. (1) Every instrument presented for registration –
(a) shall be in such form as may be
prescribed;
(b) shall be executed by every person
who is a party thereto unless the
Registrar considers that execution by
any particular party is unnecessary;
and
(c) shall except in the case of an
instrument of transfer of land be in
duplicate,
and the signature or mark of every person executing the
instrument shall be attested in the prescribed manner.
(2) An instrument may affect more than one parcel
of land including unregistered land, but no memorial shall be
made of any matter affecting unregistered land.
(3) Where an instrument affects land in more than
one district, the registrar of each district to whom the
instrument is presented for registration may require the
presentation for filing in his office of a copy of the instrument
certified as a true copy by the registrar in whose district an
executed copy has already been filed.
56. Every instrument presented for registration shall
be endorsed in such manner as to record the order in which
instruments are presented for registration.
57. (1) Every instrument, dealing or other matter
affecting any registered land shall when registered be deemed
to have been registered so soon as it was presented for
registration, notwithstanding that the entering of the
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Filing of
instruments.

Instruments not
to be
registered.
memorial may have been delayed.
(2) Instruments registered with respect to the same
interest shall, notwithstanding any rule of law or equity to the
contrary, be entitled in priority the one over the other
according to the order in which they are presented for
registration and not according to the date of each instrument
itself.
(3) Where an infant or a person under any other
disability is registered as the proprietor of any land the
Registrar shall endorse on the register the age of such infant
or the nature of the disability so far as is known to him.
58. (1) On registration of any instrument the Registrar
shall file the same or if in duplicate one part thereof and shall
deliver the other if any to the person presenting the same for
registration.
(2) Where there is any conflict between the
part of any instrument filed in the registry and the part
delivered as aforesaid to the person presenting the instrument
for registration, the first mentioned part shall prevail.
59. The Registrar shall not register any instrument –
(a) except in the manner herein provided;
(b) unless the instrument is in accordance
with this Act;
(c) unless the prescribed fee if any has
been paid or, in cases where the
instrument is liable to duty or to
stamp duty, the duty has been paid or
the instrument purports to have been
duly stamped; but no registration
shall be invalidated by reason of any
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Rectification of
register by
Registrar.

Rectification of
register by
Court.
(d) unless the instrument is presented for
registration by a party thereto or by
his attorney or by a barrister or
solicitor.
60. (1) In formal matters and in the case of errors or
omissions not materially affecting the interest of proprietors
and in any case with the consent of all persons interested, the
Registrar or in his absence the Deputy Registrar shall have
power to rectify the register, but in any such case he shall not
erase or render illegible the original entry and shall affix the
date on which such correction or entry was made.
(2) Every correction or entry under this section
shall have the like validity and effect as if the error or
omission had not occurred, but without prejudicing any
rights accrued from any entry made in the Register before the
actual time of correcting the error or supplying the omitted
entry.
61. Rectification of the register may be ordered by the
Court in such manner as the Court thinks fit –
(a) where the Court is satisfied that the
registration of any person as
proprietor of land has been obtained
through any error or omission or by
reason of any entry procured by fraud
or made under a mistake;
(b) in any other case where by reason of
any error or omission in the register
or by reason of any entry procured by
fraud or made under a mistake the
Court deems it just to rectify the
register:
error in this respect;
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Titles not to be
cancelled.
Approved
plans.

Instruments
ineffectual until
registered.
Provided that as against a proprietor
who has acquired the land bona fide
for value the Court shall not rectify
the register unless such proprietor is
privy to the fraud or mistake or has
caused or substantially contributed
thereto by his act, neglect or default.
62. Except in accordance with this Act no title to
registered land shall be cancelled or rectified.
63. Subject to the payment of such fees as may be
prescribed, the proprietor of any land may at any time apply
to the Commissioner of Lands to approve any plan of a
survey as defining the precise position of the boundaries of
the land. The Commissioner of Lands may, after the survey
and plan have been checked, approve such plan and certify
accordingly, and the Registrar shall upon the application of
the proprietor enter in the register a memorial thereof.
PART VI
TITLE OF REGISTERED PROPRIETORS
64. (1) No unregistered instrument shall be effectual to
pass any interest in registered land, but upon registration of
an instrument the interest therein specified shall pass, or the
land shall become liable as security for the payment of
money, as the case may be, subject to such terms and
conditions as are set forth in the instrument and are capable
of taking effect and subject to such terms and conditions as
are by law declared to be implied in instruments of a like
nature.
(2) Nothing in this section shall be construed as
preventing any unregistered instrument from operating as a
contract.
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Nature of title.
65. (1) Subject as hereinafter provided, the title of
every registered proprietor shall be absolute and indefeasible
and accordingly shall not be impeached or affected in any
way by the existence in any other person of any interest
(whether derived by grant from the State or otherwise) which
but for this Act might be held to be paramount or to have
priority or by reason or on account of any informality or
irregularity in the application or proceedings for registration
except –
(a) in the case of fraud;
(b) as regards any portion of land
erroneously included in any parcel
by misdescription of boundaries,
unless such proprietor is a bona fide
purchaser for value or derived title
from or through such a purchaser;
(c) as otherwise specified in the register
or provided in this Act.
(2) In this Part “prior title” means the title of the
person, or the title of any registered proprietor which is
derived under or through the person, who was registered as
the proprietor of any land upon that land being first brought
under the operation of this Act, and conflicting title means
any title which was registered after the first registration of
any prior title and in conflict therewith.
(3) A prior title shall prevail over a conflicting title
except –
(a) where the conflicting title was
registered pursuant to a declaration of
title made by the Court or by the
Commissioner; or
(b) where the holder of the conflicting
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Absolute title.
title or any person under or through
whom he derived that title has been in
actual possession of the land adverse
to the holder of the prior title for
twelve years or more; or
(c) where any holder of the prior title is
proved to have had actual notice of
the intended or actual registration of
the conflicting title and to have taken
no steps either to prevent the
registration thereof or within one year
of such notice to have the registration
thereof cancelled; or
(d) where the Court is of opinion that it
would cause undue hardship for the
registration of the prior title to
prevail,
and in all such cases the conflicting
title shall prevail.
66. Every proprietor registered with an absolute title
shall hold the registered land subject to –
(a) any interests registered or entered in
the register;
(b) any public right of way or easement;
(c) any charge on or over land created by
the express provisions of any other
Act without reference to registration
under this Act to secure any unpaid
rates, taxes, assessments or other
moneys due and owing to the State or
to any statutory authority;
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Provisional
title.
Conversion of
provisional into
absolute title.
(d) such interests as may under the
provisions of this Act subsist over
registered land without being entered
in the register,
but with all rights, privileges and appurtenances
belonging or appurtenant to such land and free from all other
rights and interests whatsoever including rights and interests
of the State.
67. Every proprietor registered with a provisional title
shall hold the registered land except as against any person
claiming any right or interest therein arising before a
specified date or under a specified instrument or otherwise
particularly described in the register, and the registration of a
proprietor with a provisional title shall have the same effect
as the registration of a proprietor with an absolute title save
that registration with a provisional title shall not affect or
prejudice the enforcement of any right or interest stated in the
register to be excepted.
68. (1) Any proprietor registered with a provisional
title or any interested person may at any time apply to the
Commissioner to be registered or to have the proprietor
registered with an absolute title and all the provisions of this
Act relating to an application for a declaration of title in the
case of first registration in an area other than a registration
area shall apply except that it shall not be obligatory on the
Commissioner to cause the application to be advertised.
(2) If at the hearing of any such application the
Commissioner is satisfied that the qualification to which the
provisional title is subject has ceased to be of effect or that it is
a case in which a declaration of absolute title may be made in
accordance with section 41, the Commissioner shall make an
order for the registration of the applicant with absolute title
after such advertisement as he may think fit or as is required
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Protection of
person dealing
in registered
land.
c. 5:01
by that section.
(3) On the making of any such order or upon the
expiration of twelve years from the date of first registration
with a provisional title, the Registrar shall on the application
of any interested party strike the words “provisional title”
from the register and the title of the registered proprietor
shall thereupon become an absolute title.
69. (1) A person contracting or dealing or taking or
proposing to take a transfer in respect of registered land shall
neither be required nor be concerned in any manner to –
(a) inquire or ascertain the circumstances
in or under which or the
consideration for which the registered
proprietor or any previous registered
proprietor of the land in question is or
was registered;
(b) see to the application of the purchase
money or any part thereof;
(c) give effect to, nor be affected in any
way by, any notice of any instrument,
fact or thing, whether registered or
not under the Deeds Registry Act or
under any other act, or of any trust,
right or interest, unregistered or
unprotected by caveat, any rule of law
or equity to the contrary
notwithstanding.
(2) The protection granted by this section shall not
apply to a person who is privy to or has notice of any fraud
relating to the transfer to such person, but knowledge of the
existence of any instrument, fact or thing, trust, right or
interest, unregistered or unprotected as aforesaid, or omission
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Actions of
ejectment.
to search a register not kept under this Act or investigate any
of the matters hereinbefore mentioned, shall not of itself be
imputed as fraud.
70. (1) Save as hereinafter provided no action of
ejectment in respect of registered land or other action suit or
proceeding for the recovery of such land shall lie or be
sustained against the registered proprietor except in relation
to the enforcement of mortgages, charges, leases or other
interests registered under this Act or of an order of the
Commissioner made under section 49, and the production of
the certificate of title shall be held in every court of law to be
an absolute bar and estoppel to any such action, any rule of
law or equity to the contrary notwithstanding.
(2) An action may be brought against a registered
proprietor not being a bona fide transferee for value nor
deriving title from or through such a transferee by –
(a) a person deprived of any land by or
through the fraud of the registered
proprietor or of any prior registered
proprietor from or through whom he
derived title otherwise than as a bona
fide transferee for value;
(b) a person deprived of or claiming any
land erroneously included in any
parcel by misdescription of
boundaries:
Provided that the claim of such person is not then barred
by any law relating to limitation.
(3) Subject to section 65, an action may be brought
against the registered proprietor of any prior or conflicting
title.

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Certificate of
title
First Schedule.

Production of
certificate.
Lost or
destroyed
certificates.
Replacement of
certificates.
Admissibility
of certificates.
PART VII
CERTIFICATE OF TITLE
71. The Registrar shall if requested issue to the
registered proprietor of any land a certificate of title in Form
A(l) or A(2) of the First Schedule as the case may require, and
except as otherwise provided in or under this Act a second
certificate shall not be issued in respect of the same land.
72. Where a certificate of title has been issued under
the last preceding section it shall, unless the Registrar
dispenses in writing with its production, be produced to the
Registrar on the registration of any dealing with the land to
which it relates and an endorsement of such registration shall
be made thereon.
73. If a certificate of title is lost or destroyed, the
registered proprietor may apply to the Registrar for the issue
of a new certificate and shall produce evidence to satisfy the
Registrar of such loss or destruction. The Registrar may
require the applicant to make a statutory declaration that the
certificate has been lost or destroyed and that it has not been
deposited with any person by way of security for a loan or for
any other purpose. The Registrar, if satisfied with the
evidence of the loss or destruction of the certificate, and after
the publication of such notice as he thinks fit, may issue a new
certificate.
74. Where any certificate of title has been mutilated or
is soiled or damaged or otherwise rendered illegible, or there
is no space for further endorsements thereon, the Registrar
may in his absolute discretion and at the expense of the
registered proprietor issue a new certificate of title in lieu
thereof and shall destroy the certificate of title so replaced.
75. Every certificate of title and every certificate issued
under section 141 shall be conclusive evidence of the several
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Form and effect
to transfer.
First Schedule.
[14 of 1982
13 of 1993]
matters therein contained.
PART VIII
TRANSFERS
76. (1) The proprietor of any registered land may
transfer the same by an instrument of transfer in Form B of
the First Schedule, and upon registration of such instrument
the interest of the transferor as therein set forth together with
all his rights, powers and remedies shall pass to and be vested
in the transferee as proprietor thereof.
(2) Every transfer shall be signed by the transferee
or, where the transferee is an infant or person of unsound
mind, by his guardian or committee, or shall be accompanied
by a statement signed as aforesaid to the effect that the
transferee accepts the transfer:
Provided that, except in the case of an infant or person of
unsound mind, the Registrar may accept and register a
transfer without such statement if he is satisfied that the
transferee has accepted the transfer:
Provided further that the Registrar shall not accept and
register a transfer in respect of a gift or voluntary sale unless
the transferor presents to the Registrar:
(a) a certificate of the Commissioner-
General of the Revenue Authority
(hereinafter referred to as the
Commissioner) stating that he has in
accordance with section 60 of the
Income Tax Act delivered to the
Commissioner all his returns,
including the return for the preceding
year of income, and has paid all taxes
due and payable to the Commissioner
by him or has made arrangements to
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Transfer of
mortgaged or
charged land.

Life interests.
First Schedule.
Proof of
purchase before
Commissioner.
the satisfaction of the Commissioner
for the payment of all such taxes that
are due and payable; and
(b) a certificate from such officer of the
local democratic organ, within the
boundaries of which such immovable
property is situated, as may be
authorised by that local democratic
organ in that behalf stating that the
donor, vendor, lessor, transferor or
assignor, as the case may be, has paid
or made arrangements to the
satisfaction of that officer for the
payment of all rates and other sums
due and payable by him in respect of
such immovable property.
77. (1) A transfer of land subject to a registered
mortgage shall not be registered unless it is executed by the
transferee and the consent thereto of the mortgagee has been
filed in the land registry.
(2) On registration of a transfer of land subject to a
mortgage or charge the transferee shall become liable to pay
the moneys and to perform the obligations secured by the
mortgage or charge and to perform and observe the terms
and conditions thereof and to indemnify and keep harmless
the mortgagor or grantor of the charge in respect of such
moneys, obligations, terms and conditions.
78. Registered land may be transferred subject to a
life-interest, by an instrument of transfer in Form B of the
First Schedule modified as the circumstances may require –
79. (1) If it is claimed –
(a) that land has been sold by the
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Form of
mortgage and
charge
First Schedule.
registered proprietor and the whole of
the purchase money paid; and
(b) that the purchaser or any person
claiming under him has entered and
taken possession under such purchase
and such entry and possession have
been acquiesced in by the said
proprietor or his representatives; but
(c) that a transfer cannot be obtained as
the said proprietor is dead or under a
disability or not in Guyana or cannot
be found or that for any reason it is
impracticable to obtain his signature
within a reasonable time,
then the person claiming to be the purchaser or any person
claiming under him may apply to the Commissioner to be
registered as the proprietor of the land.
(2) Where an application has been made under this
section, the provisions of sections 39, 40 and 42 shall apply so
far as they are applicable and with such adaptations as may
be necessary.
(3) Upon the registration of the title of the
claimant, the title of the previous proprietor shall pass in the
same manner as if he had executed a transfer thereof to the
claimant.
PART IX
MORTGAGES AND CHARGES
80. (1) The proprietor of any registered land may –
(a) mortgage the same by an instrument
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First Schedule.

Conditions
implied in
mortgages.
of mortgage in Form C of the First
Schedule; or
(b) charge the same to secure the
payment of a rent- charge, annuity or
other periodical sum by an
instrument of charge in Form D of the
First Schedule.
(2) There may be included in any instrument of
mortgage or charge such terms and conditions as the parties
think fit.
81. Save as otherwise expressly provided in the
instrument of mortgage, there shall be implied in every
mortgage registered under this Act the following terms and
conditions –
(a) that the mortgagor will pay the
principal money therein mentioned
on the day therein appointed and will
so long as the principal money or any
part thereof remains unpaid pay
interest thereon or on so much thereof
as for the time being remains unpaid
at the rate and on the days and in the
manner therein specified;
(b) that the mortgagor will not remove or
demolish any building on the land,
save with the consent in writing of the
mortgagee;
(c) that the mortgagor will repair and
keep in repair all buildings or other
improvements which have been or are
erected or made upon the land;

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Variation of
mortgages and
charges.
Postponement
of prior
mortgages and
charges.
Discharge of
mortgages and
charges.
(d) that the mortgagee with or without
surveyors or other persons may at all
reasonable times until the mortgage is
discharged enter upon the land to
view the state of repair of such
buildings or improvements;
(e) that the mortgagor will insure and
keep insured all buildings upon the
land against loss or damage by fire
with insurers approved by the
mortgagee to the full value thereof
and such insurance shall be assigned
to the mortgagee by way of security
for the mortgage;
(f) that the mortgagor will pay all rates
and taxes levied upon the land;
(g) that the mortgagor will not sell or
lease the land or create any easement
thereover without the consent in
writing of the mortgagee.
82. The terms and conditions of any mortgage or
charge may be varied by the registration of a memorandum of
variation executed by the parties thereto, but no such
variation shall affect the rights of the holder of any
subsequent mortgage or charge unless he has consented
thereto in writing on the memorandum of variation.
83. A mortgage or charge may be postponed to any
mortgage or charge registered subsequently thereto by the
registration of a memorandum of postponement executed by
the prior mortgagee or holder of the prior charge.
84. Upon the production of a memorandum signed by
the mortgagee or holder of the charge discharging the land or
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Payment to
credit of absent
mortgagee.
mortgage or
charge by
Registrar on
proof.
part thereof from the whole or part of the moneys secured,
the Registrar shall enter a memorial to that effect and
thereupon the land or the portion of land described in such
memorandum shall cease to be subject to or liable for such
moneys or such part thereof.
85. (1) Where a mortgagee is dead or under a
disability or not in Guyana or cannot be found and there is no
person authorised to give a receipt for any sum due under the
mortgage, the Registrar may, upon the application of the
mortgagor supported by such proof as the Registrar may
require, authorise the mortgagor to pay into Court the said
sum, and upon such payment any interest payable under the
mortgage on the said sum shall cease to run or accrue.
(2) Any sum paid as aforesaid shall be held to the
credit of the mortgagee, and the Registrar of the Court shall
pay the same together with any interest accrued thereon to
the mortgagee or other person for the time being entitled
thereto.
86. Upon proof to the satisfaction of the Registrar –
(a) that all moneys due under any
mortgage have been paid to the
mortgagee or to his credit; or
(b) that there has occurred the event or
circumstance upon which in
accordance with the provisions of any
charge the moneys thereby secured
cease to be payable, and that no
moneys are owing in respect of the
charge,
the Registrar shall enter a memorial discharging the land
from such mortgage or charge, and the land shall thereupon
cease to be subject to such mortgage or charge.
Discharge of
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Creation of lien
by deposit of
certificate
First Schedule.
Enforcement of
mortgages and
charges.
Leases.
87. (1) Any person with whom the certificate of
title of any registered land has been deposited with the
intention of creating a lien thereover may give to the Registrar
notice of such deposit in Form E of the First Schedule, and
thereupon the Registrar shall enter a memorial of the same
and shall make a corresponding endorsement upon the
certificate of title.
(2) Any person who has given notice of deposit
may at any time withdraw the same by notice in writing and
the Registrar shall thereupon cancel the memorial and
endorsement thereof.
(3) Where a memorial of a notice of deposit has
been entered, no dealing in the land to which the certificate of
title relates shall be registered until such memorial has been
cancelled unless the consent in writing of the person who
gave the notice is produced to the Registrar.
88. The provisions of any act or rule of court or of
practice relating to the enforcement of any mortgage or
charge shall apply mutatis mutandis to the enforcement of a
mortgage or charge on registered land.
PART X
LEASES
89. (1) The proprietor of registered land may lease the
same for any term exceeding three years by an instrument of
lease in Form F of the First Schedule.
(2) A lease for a term of three years or less
executed in the prescribed form may be registered, but such
lease shall be of full force and effect notwithstanding that it
has not been registered:
Provided that the Registrar shall not register a lease
First Schedule.
[14 of 1982]
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Conditions
implied in
leases.

expressed to be for a term of twenty-one years or more, or any
transfer or assignment thereof, unless the lessor or transferor,
or assignor as the case may be, presents to the Registrar the
certificates containing the particulars referred to in the second
proviso to section 76(2).
90. (1) Save as otherwise expressly provided in the
instrument of lease, there shall be implied in every lease
registered under this Act the following terms and conditions:
(a) that the lessee will pay the rent
reserved by the lease at the times
therein mentioned;
(b) that the lessor will pay all rates and
taxes which may be payable in respect
of the premises during the
continuance of the lease;
(c) that save in the case of premises
leased as dwellings for human
habitation the lessee will keep and
yield up the premises in good and
tenantable repair, accidents and
damage from storm and tempest and
reasonable wear and tear excepted;
(d) that the lessor may by himself or his
agents during the term at any
reasonable time of the day, upon
giving the lessee two days previous
notice, enter upon the premises and
view the state of repair thereof and
may serve on the lessee a notice in
writing of any defect requiring him
within a reasonable time to repair the
same in accordance with any terms or
conditions in that behalf expressed or
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implied in the lease;
(e) that in default of the lessee
repairing any defect according to
notice the lessor may from time to
time enter the premises and effect the
required repairs;
(f) that the lessor may by himself or his
agents at all reasonable times during
the term, with workmen and other
persons and all necessary materials
and appliances, enter upon the
premises or any part thereof for the
purpose of complying with the
provisions of any legislation affecting
the premises and of any notices
served on the lessor or the lessee by
any public authority involving the
carrying out of repairs or the doing of
any work or other act which the lessee
may not be bound or if bound may
neglect to do, and also for the purpose
of exercising any right of the lessor
under the lease:
Provided that such repairs, work or
other acts shall be carried out or
done without undue interference
with the occupation and use of the
premises by the lessee;
(g) that in case the rent or any part
thereof is in arrear for the space of
thirty days (although no formal
demand therefor has been made) or in
case default is made in the fulfilment
of any term or condition whether
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Variation and
extension of
leases.
Renewal and
substitution of
leases.
expressed or implied in the lease and
on the part of the lessee to be
performed or observed and such
default is continued for the space of
thirty days, or in case the repairs
required by such notice as aforesaid
are not completed within the time
therein specified, the lessor may re-
enter on the premises or on any part
thereof in the name of the whole and
thereby determine the interest of the
lessee therein, but without releasing
him from liability in respect of the
breach or nonobservance of any such
term or condition.
(2) This section shall be read subject to any Act
imposing restrictions or conditions on re-entry or forfeiture or
on ejectment of tenants.
91. The terms and conditions contained or implied in
any lease may be varied, negatived or added to, and the term
of any lease may from time to time be extended, by a
memorandum signed by the lessor and the lessee for the time
being and registered before the expiration of the then current
term of the lease.
92. (1) Where upon the registration of a lease the
Registrar is satisfied that –
(a) it is in renewal of or in substitution
for a lease previously registered; and
(b) the lessee is the person registered as
the proprietor of the prior lease at the
time of the registration of the new
lease or at the time of the expiration
or surrender of the prior lease,
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Leases of
mortgaged or
charged land.
Sub-leases.
whichever is the earlier,
he shall, if the lessee so requests and if the new lease is
registered not later than eighteen months after the expiration
or surrender of the prior lease, state in the memorial of the
new lease that it is in renewal of the prior lease or in
substitution for the prior lease as the case may be.
(2) In every such case the new lease shall be
deemed to be subject to all interests to which the prior lease is
subject at the time of the registration of the new lease or at the
time of the expiration or surrender of the prior lease,
whichever is the earlier.
(3) For the purposes of this section all references in
any written law or in any agreement, deed, instrument, notice
or other document whatsoever to the prior lease or to the
interest of the lessee thereunder shall, unless inconsistent
with the context or with the provisions of this section, be
deemed to be references to the new lease or to the interest of
the lessee thereunder as the case may be.
93. No lease of registered land subject to a mortgage
or charge nor any memorandum varying or extending any
such lease shall be binding on the mortgagee or holder of the
charge except so far as he has consented thereto in writing.
94. (1) Subject to any provision in his lease affecting
his right so to do, the proprietor of any registered lease may
sublet for any period less than the remainder of his term by
an instrument of sub-lease.
(2) Save as otherwise expressly provided, the
provisions of this Act affecting leases, lessors and lessees shall
apply to sub-leases, sub- lessors and sub-lessees, with such
adaptations as are necessary.
(3) If a lease is determined by operation of law or
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Surrender of
leases.
Determination
of leases.
by surrender under any written law relating to insolvency
such determination shall determine the sub-lease.
(4) In addition to the terms and conditions
specified by this Act to be implied in leases, there shall be
implied in every sub-lease under this Act a term that the sub-
lessor will during the continuance of the sub- lease pay the
rent reserved by the original lease and observe the terms and
conditions thereof.
(5) Where any sub-lessee has paid to the original
lessor of the land the rent or any part of the rent payable by
his sub-lessor in respect of the original lease, the sub-lessee
shall be entitled to set off any sum so paid against the rent
payable by him to his sub-lessor in respect of his sub-lease.
95. A lease of registered land may be surrendered by
an instrument of surrender executed by the lessee and the
lessor and by any sub-lessee thereof and by any mortgagee or
holder of a charge thereon.
96. (1) Where a lease has been determined by effluxion
of time or by the happening of an event upon which the lease
is expressed to determine or by lawful re-entry and
recovery of possession or otherwise, the lessor may apply in
writing to the Registrar to register the determination of the
lease.
(2) An application under this section shall be
supported by such evidence of the happening of the event or
of the lawful re-entry as the Registrar may require, and the
Registrar on being satisfied of the matters set forth in the
application shall enter a memorial determining the lease, and
the land shall thereupon cease to be subject to the lease.

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Transmission
on death.
Dealing where
transmission
not registered.
PART XI
TRANSMISSION
97. (1) The executor or administrator of the deceased
proprietor of any registered land may apply to be registered
as proprietor thereof by transmission, and the Registrar upon
proof to his satisfaction of such transmission shall register the
applicant as proprietor in accordance with section 116.
(2) If the executor or administrator of a deceased
proprietor has been registered as the proprietor of the land,
no person claiming under the will or intestacy or otherwise
shall be registered as proprietor thereof unless and until a
transfer thereof under section 76 has been executed and
registered.
(3) If the executor or administrator of a deceased
proprietor has not been registered as the proprietor of the
land, any other person claiming to have acquired the same
under a will or intestacy may apply to be registered as
proprietor thereof by transmission, but no such person shall
be registered unless he produces the consent in writing of the
executor or administrator to the registration or satisfies the
Registrar that a transfer to him by the executor or
administrator cannot be obtained.
98. Upon production of a grant of probate or letters of
administration, the Registrar may without requiring the
executor or administrator to be registered register –
(a) any transfer by the executor or
administrator in pursuance of the
will or by way of distribution under
intestacy or in pursuance of an
agreement between the persons
entitled thereto or of a contract
entered into by the proprietor in his
lifetime;
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Application to
register persons
entitled.

Transmission
on insolvency.
(b) any discharge or cancellation of a
mortgage or charge of which the
deceased person was the proprietor;
(c) any surrender of a lease of which the
deceased person was the proprietor.
99. (1) If the executor or administrator of a deceased
proprietor fails or neglects to transfer any land to the person
entitled thereto, or if such land is not for any reason
registered in the name of the person entitled thereto, such
person or any judgment or execution creditor of such person
or any person claiming an interest in such land may, at any
time after the expiration of one year from the date of the grant
of probate or administration, apply to the Commissioner to
order the registration of the land in the name of the person
entitled thereto.
(2) Upon such application the Commissioner, if
satisfied that the executor or administrator has had notice of
the application and that the estate has been fully
administered, may grant the application and direct the
Registrar to register the land accordingly.
100. (1) On the adjudication of insolvency of any
registered proprietor or on the making of an order for the
administration in insolvency of the estate of a deceased
registered proprietor, the Official Receiver or assignee in
insolvency claiming any land of the insolvent may apply to be
registered as proprietor thereof by transmission, and upon
proof of such adjudication or order and that the applicant is
entitled thereto the Registrar shall register the applicant as
proprietor in accordance with section 116.
(2) Notwithstanding the provisions of any Act
affecting insolvency, the vesting of any registered land
thereunder shall be subject to the registration of the
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Effect of
disclaimer,
discharge and
annulment.
Receiving
winding-up
and other
orders.

Transmission
by operation of
law.
Transmission
on death of
joint proprietor
or holder for
life.
transmission of the land under this section.
101. Notwithstanding the provisions of any Act
relating to insolvency, no disclaimer and no order for the
discharge of an insolvent and no order for the annulment of
an adjudication in insolvency shall operate to divest an
assignee of any registered land of which he is the proprietor
until he has executed and caused to be registered such
transfers or other instruments as may be necessary to give
effect to any such disclaimer or order as aforesaid.
102. (1) Where a receiving order or winding-up order
against the proprietor of any registered land or an order of
the Court appointing any person as receiver or manager of
the property of any such proprietor is made, and such order
does not operate to vest such land in any person, the order
shall not be registered, but the Official Receiver, liquidator,
receiver or manager may lodge a caveat under section 125.
(2) Any such caveat shall be cancelled by the
Registrar on proof to his satisfaction that the order has been
annulled or revoked or has ceased to have effect or on the
registration of a transmission under section 100.
103. Where the State or any person has become
entitled to any registered land under any Act or by virtue of
any order or writ of execution made or issued under the
provisions of any Act or rules of court or otherwise by act or
operation of law not otherwise herein provided for, the
Registrar may, on the application of any interested person
supported by such evidence as he may require, register the
State or person as the proprietor thereof.
104. Upon the death of a joint proprietor or of the
proprietor of a life holding or interest in registered land, the
Registrar shall, on the application of any interested person
accompanied by proof of the death of such proprietor, make
such entries in the register as may be necessary in relation
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Effect of
transmission.

Acquisition of
title by adverse
possession.

Application for
declaration of
title and
procedure
thereon.
thereto.
105. On registration of the transmission of any
registered land, the title of the person registered as proprietor
shall relate back to and be deemed to have arisen upon the
happening of the event upon which such transmission took
place, as if there had been no interval of time between the
happening of such event and such registration.
PART XII
ACQUISITION OF TITLE BY ADVERSE
POSSESSION
106. Notwithstanding the provisions of any other Act,
no title to registered land may be obtained by adverse
possession against the registered proprietor thereof except in
accordance with the provisions of this Part.
107. (1) Any person who would have obtained title
by adverse possession to any registered land if that land had
not been registered may submit to the Commissioner an
application for a declaration of title to the said land.
(2) Such application shall be lodged with the
Registrar together with –
(a) the documents or other evidence
relied on in support of the
application;
(b) an affidavit containing such
particulars as may be prescribed;
(c) a plan of the land.
(3) The Registrar shall transmit to the
Commissioner the application, documents, affidavit and plan,
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together with a statement of the title to the land as it appears
in the register.
(4) Upon receipt of an application the
Commissioner shall investigate it and, if he considers it to be
without merit, may dismiss it.
(5) If the Commissioner does not dismiss an
application, he shall –
(a) cause notice of the application to be
published in the Gazette and in one
daily newspaper circulating in
Guyana; and
(b) serve notice of the application upon
every person shown in the register as
proprietor of the land.
(6) A counter-application or notice of objection
may be submitted in such manner as may be prescribed.
(7) If, upon the expiration of the period of one year
from the date of the Gazette in which the notice appeared, the
application has not been withdrawn by the applicant or
dismissed under the next following section, the
Commissioner shall fix a day for hearing and shall summon
the applicant and any counter-applicants or objectors to
appear before him and shall serve final notice of the
application and of the day of hearing upon every person
shown in the register as proprietor of the land.
(8) Where an application has been made under this
section, sections 39, 40 and 42 shall apply so far as they are
applicable and with such adaptations as may be necessary.
(9) Neither the submission of an application under
this section nor the lodging of a caveat to protect a claim to
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Title of
registered
proprietor to
prevail.

Extinction of
previous title.
No limitation
against
registered
proprietor.

Registration of
easements and
registered land by adverse possession shall operate to prevent
any person claiming under or through the registered
proprietor from being registered as proprietor of the land.
108. If at any time before the making of a declaration
of title any person lodges with the Commissioner an affidavit
to the effect that he is the person registered as the proprietor
of the land claimed, the Commissioner shall stay any
proceedings on the claim that may be pending before him and
shall investigate the identity of the person lodging the
affidavit. If he is satisfied that such person is the registered
proprietor, he shall dismiss the application and notify the
applicant accordingly, but otherwise he shall proceed to hear
the application and any counter applications as if the affidavit
had not been lodged:
Provided that the Commissioner shall not dismiss an
application solely on the ground that any person is the
registered proprietor of an easement in or over the land, but
in such case the declaration of title shall be made subject to
such easement.
109. Upon the registration of the title of any person as
provided in this Part the title of the previous proprietor
together with all interests in the land arising thereunder shall
cease and determine.
110. The registered proprietor of any land, or any
person claiming title thereto under him, may bring an action
to recover possession of such land notwithstanding that any
period of limitation laid down in any Act may have expired.
PART XIII
EASEMENTS, RESTRICTIVE COVENANTS AND OTHER
RIGHTS AND INTERESTS
111. (1) Subject as hereinafter provided, the proprietor
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restrictive
convenants.

c. 5:01

Removal from
the register of
easements and
restrictive
convenants.
of any registered land may by instrument create an easement
thereover or subject the land to the burden of a restrictive
covenant.
(2) An easement or restrictive covenant the benefit
of which is appurtenant to any land shall not be registered
unless the dominant land is either registered under this Act or
is held under a document of title. Upon registration of such
an easement or covenant, the Registrar shall enter a memorial
thereof in the register of the servient land, and the Registrar
or Registrar of Deeds as the case may be shall enter a
memorial thereof in the register of the dominant land or upon
the relevant document of title.
(3) The Registrar may, upon the application of any
interested person, enter upon the register of any dominant
land a memorial of any easement or restrictive covenant
registered under the provisions of the Deeds Registry Act,
notwithstanding that the servient land is unregistered.
(4) Subject as hereinafter provided, no easement
hereafter created and no restrictive covenant hereafter
entered into shall be binding on any registered proprietor
who subsequently acquires the land bona fide for value, unless
such easement or covenant has been registered.
112. (1) The proprietor of any registered land may
apply to the Commissioner for the removal in whole or in
part from the register of any easement or restrictive covenant
which has been abandoned or extinguished.
(2) When an application has been made under the
last preceding subsection, the Commissioner shall give notice
thereof to every person who appears by the register to have
any interest in the land to which the benefit of the easement
or restrictive covenant is appurtenant, and thereafter sections
39, 40 and 42 shall apply so far as they are applicable and
with such adaptations as may be necessary.
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Easements
enjoyed by the
public.
Provisions as to
buildings.
(3) Where it is proved to the satisfaction of the
Commissioner that any such easement or restrictive covenant
has been abandoned or waived or has not been enjoyed or
enforced in whole or in part for a period of twelve years or
more, the Commissioner shall make an order cancelling the
easement or restrictive covenant in whole or in part as the
case may be.
(4) Upon the registration of the‖ Commissioner’s‖
order, the easement or restrictive covenant shall become
extinguished in whole or in part, as the case may be, but
without releasing any person from any liability to which he
may be subject at the time of the entry.
113. Easements now or hereafter acquired or enjoyed
by the public over any servient land shall not require
registration under this Act, and nothing herein contained
shall derogate from any such easements or be deemed to
confer on the registered proprietor of such land a right to
interfere with or obstruct the public use of any easement so
acquired or enjoyed as aforesaid.
114. (1) If upon the first registration of any land the
person to be registered as proprietor acknowledges that any
building standing upon the land is the property of some other
person, or if the proprietor of any registered land lodges with
the Registrar a similar acknowledgment, the Registrar shall
enter in the register an endorsement recording the existence
of the building and the name of the owner and his address, if
known.
(2) Such endorsement shall not operate as a
registration of the building, but so long as the endorsement
remains upon the register the building shall be excepted from
any dealing affecting the land upon which it stands, and the
fact of such exception shall be expressed in every instrument
that gives effect to such dealing.
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Rights of way
of necessity.

Registration of
proprietor in a
fiduciary
capacity.
(3) Any endorsement made as aforesaid may be
removed from the register in like manner and subject to the
like conditions as a caveat may be removed, and for the
purposes of this section service of any notice upon the person
named as the owner of any building protected by an
endorsement may also be effected by serving the notice on
any adult inmate of the said building or by affixing a copy of
the notice thereto.
(4) Nothing in this section shall operate to prevent
any person claiming ownership of a building from protecting
his interest therein by lodging a caveat.
115. Upon the application of the proprietor of any
registered land, the Commissioner may make a declaration of
title of such right of way of necessity over any other
registered land as may to him seem necessary and just and
may direct the manner in which the right of way is to be
exercised and the compensation, if any, to be made by the
proprietor of the land which enjoys the benefit thereof, and in
such case shall direct that a memorial of the right of way be
entered in the register both of the dominant land and of the
servient land.
PART XIV
TRUSTS
116. (1) Any person acquiring by transmission any
registered land in the capacity of executor, administrator,
assignee in insolvency or in any other representative capacity
shall be registered as the proprietor thereof in that capacity.
(2) Any person acquiring in any other way any
registered land in a fiduciary capacity may be described by
that capacity in the instrument of acquisition and if so
described shall be registered as proprietor with the addition
of the words “as legal owner”.
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Restriction may
be entered but
no trusts.

Removal of
restrictions.
Exoneration of
persons
dealing.
Effect of
judgments and
writs.

Registration of
judgements
and writs.
117. (1) On the registration of a proprietor with the
addition of the words “as legal owner”, the Registrar shall if
requested by such proprietor enter in the register a restriction
prescribing the person to whom the proceeds of any dealing
with the land shall be paid.
(2) The Registrar shall not enter in the register
particulars of any will, trust or purpose.
(3) Nothing in this section shall operate to prevent
any person from protecting his beneficial or other interest in
any registered land by lodging a caveat.
118. A restriction may be removed from the register
with the consent of the person named therein or by order of
the Court.
119. Subject to the provisions of any restriction
entered under Section 117 or of any caveat or prohibition, a
person dealing with any registered land which is held in a
fiduciary capacity shall not be concerned to inquire whether
the dealing is within the powers of the proprietor but he shall
be entitled to assume that the proprietor has all the powers of
disposition of an owner of the interest in question.
PART XV
JUDGEMENTS AND WRITS
120. The provisions of any Act or rule of court or of
practice relating to the execution of writs shall apply mutatis
mutandis, to registered land, but no judgment or writ of
execution shall bind or affect any registered land until a
memorial thereof has been entered.
121. A judgment or execution creditor may lodge with
the Registrar –

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Removal from
register of
memorials of
judgements
and writs.
(a) a copy of his judgment or writ of
execution or a certificate signed by an
attorney-at-law giving full particulars
of such judgment or writ;
(b) a statutory declaration proving the
amount owing under the judgment or
writ and identifying to the satisfaction
of the Registrar the judgment or
execution debtor as the proprietor of
any registered land,
and the Registrar shall thereupon enter a memorial of the
judgment or writ and shall give notice thereof to the
registered proprietor:
Provided that on registration of a writ issued pursuant to
a registered judgment –
(a) it shall not be necessary for the
execution creditor to make a statutory
declaration, but a statement of the
amount owing shall be lodged with
the Registrar; and
(b) the registration of the writ shall have
the same priority as the registration of
the judgment.
122. A memorial of a judgment or writ shall be
removed from the register –
(a) at the request of the judgment or
execution creditor;
(b) on proof to the satisfaction of the
Registrar that the judgment or writ
has been satisfied;
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Lapsing of
memorials of
judgements.

Sales in
execution.
(c) in the case of a judgment, upon
registration of a writ of execution
issued pursuant to that judgment;
(d) in the case of a writ, upon proof to the
satisfaction of the Registrar that the
writ has lapsed in accordance with
any rules of court for the time being in
force.
123. (1) If an instrument is presented for registration
which purports or appears to affect any registered land
against which there subsists the memorial of a judgment, the
Registrar shall give notice thereof to the judgment creditor
and shall suspend registration of the instrument for six weeks
from the date of service of such notice.
(2) At the expiration of such period, unless the said
creditor has registered a writ of execution issued pursuant to
the judgment, the memorial of the judgment shall lapse and
the instrument shall be registered as at the date of
presentation.
(3) Nothing in this section shall operate to prevent
the immediate registration of such instrument if the memorial
of the judgment is removed from the register before the
period of suspension has expired.
124. Upon the sale in execution of any registered land,
the marshal shall deduct from the proceeds of sale the costs of
registering the transfer to the purchaser. So soon as the
purchase money has been paid in full, the marshal shall
execute a transfer and shall lodge the same together with the
costs of registration with the Registrar.

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Caveats.
First Schedule.
PART XVI
CAVEATS AND PROHIBITIONS
125. (1) Any person claiming any interest in any
registered land whether under an unregistered instrument or
otherwise may lodge with the Registrar a caveat in Form G in
the First Schedule, and the statements therein shall be verified
by a statutory declaration.
(2) No caveat shall be accepted by the Registrar
unless there is therein specified an address for service in the
district in which the land registry is situate.
(3) Upon lodgement of any caveat, the Registrar
shall enter a memorial and give notice thereof to the
registered proprietor of the land affected thereby.
(4) A caveat may be removed from the register
with the consent of the caveator or by order of the Court
(5) Upon the application of the proprietor of any
registered land affected by a caveat, the Court may summon
the caveator to attend before the Court to show cause why the
caveat should not be removed from the register and the
Court may thereupon make such order including an order as
to costs as the Court thinks fit.
(6) If an instrument is presented for registration
which purports or appears to affect any registered interest
which is protected by a caveat, the Registrar shall give notice
thereof to the caveator and shall suspend registration of such
instrument for six weeks from the date of such notice. At the
expiration of such period, unless the caveator has registered
the instrument, if any, under which he claims or has
commenced proceedings before the Court to enforce his
claim, the caveat shall lapse and the instrument first
mentioned shall be registered as at the date of presentation.

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Prohibitions.
(7) Nothing in this section shall operate to prevent
the immediate registration of an instrument if the memorial of
the caveat is removed from the register before the period of
suspension has expired.
(8) No land or interest affected by a caveat may be
made the subject of any further caveat so as to defeat the
provisions of subsection (6).
(9) If any person lodges a caveat without
reasonable cause, he shall be liable in damages to any person
who may have suffered loss thereby.
126. (1) For the prevention of any fraud or improper
dealing or for any other sufficient cause, the Registrar may
enter in the register a prohibition to the effect that no dealing
with any land nor any entry affecting the same be registered
except upon the fulfilment of such condition as may be
expressed in the prohibition.
(2) Upon the entry of a prohibition the Registrar
shall give notice thereof to the registered proprietor affected
thereby.
(3) A prohibition shall operate to prevent any
disposition of the land affected thereby until such conditions
as may be expressed therein have been satisfied or the
prohibition has been withdrawn by the Registrar or the Court
otherwise direct.
(4) Upon the application of any registered
proprietor affected by a prohibition, the Court may summon
the Registrar to attend before the Court to show cause why
the prohibition should not be removed from the register and
the Court may thereupon make such order including an order
as to costs as the Court thinks fit.

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Establishment
of Assurance
Fund.
PART XVII
ASSURANCE FUND AND COMPENSATION
127. (1) There shall be established an Assurance Fund
(hereafter in this Part referred to as “the Fund”) for the
purposes hereinafter mentioned.
(2) There shall be paid into the Fund –
(a) the contributions thereto payable to
the Registrar under this Act; and
(b) until the Fund reaches the sum of one
hundred thousand dollars, such
proportion of the fees payable to the
Registrar under this Act as the
Minister responsible for finance may
from time to time direct.
(3) All sums received by the Registrar as
contributions to the Fund shall be paid to the Accountant
General who shall place such sums to the credit of the Fund
and shall from time to time invest the same, together with all
dividends and profits accruing thereon, in such manner as the
Minister responsible for finance may direct.
(4) All compensation including costs payable
under this Act shall be paid out of the Fund, but if the amount
at the credit of the Fund is insufficient to meet any claim the
deficiency shall be provided out of moneys provided by
Parliament. Any amount so paid shall be repaid out of the
Fund so soon as the Fund shall be sufficient to repay it.
(5) The Minister responsible for finance may from
time to time authorise that such sums as may be approved by
resolution of the National Assembly be transferred from the
Fund into the Consolidated Fund, and money transferred as
aforesaid shall be used for the purpose of cadastral surveys
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Claims against
the Fund.
and plans and for such other purposes as may be required for
the advancement of the objects of this Act:
Provided that at no time shall the Fund by any such
transfer be reduced to an amount less than one hundred
thousand dollars.
128. Subject to this Act any person suffering loss or
damage (whether by deprivation of land or otherwise) by
reason of –
(a) the bringing of any land under the
operation of this Act;
(b) the registration of any other person as
proprietor or any rectification of the
register;
(c) any error, omission or mis-description
in the register or in a certified copy
thereof or of any registered document
or in any other certificate of the
Registrar, howsoever caused;
(d) any payment or consideration given
to any other person on the faith of any
entry in the register;
(e) the loss or destruction of any
instrument or document lodged at a
land registry for inspection or safe
custody or otherwise;
(f) any error, omission or misfeasance of
the Registrar or of any officer in the
execution of his duties;
(g) the exercise by the Court, the
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Fund not liable
in certain cases.

Persons not
entitled to
compensation.
Commissioner or the Registrar of any
power conferred by this Act,
shall be entitled to recover compensation out of the Fund.
129. The Fund shall not be liable for any loss, damage
or deprivation occasioned by –
(a) the breach by a registered proprietor
of any trust, whether expressed
implied or constructive;
(b) any error in a diagram or a plan not
being an approved plan;
(c) the acquisition of title to any
registered land by adverse possession
in accordance with this Act;
(d) the exercise of any power conferred
by this Act where the person suffering
loss, damage or deprivation has been
privy to the application or dealing in
connexion with which such power
was exercised or derives title
otherwise than for value under or
through a person who has been privy
as aforesaid.
130. No person shall be entitled to compensation out
of the Fund –
(a) where such person or his agent
caused or substantially contributed to
the loss, damage or deprivation by
fraud, neglect or wilful default or
derives title otherwise than for value
from a person who or whose agent
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Amount of
compensation.

Notice of
action.
has been guilty of such fraud, neglect
or wilful default;
(b) in respect of costs incurred in taking
or defending any legal proceedings
without the consent in writing of the
Registrar, other than in proceedings
against the Registrar.
131. Where compensation is payable out of the Fund
in respect of any loss, damage or deprivation, it shall not
exceed –
(a) where the register is rectified, the
value of the land immediately before
the time of rectification;
(b) where the register is not rectified, the
value of the land at the time when the
entry, error, omission or misfeasance
which caused the loss was made.
132. (1) Any person claiming to be entitled to recover
compensation (hereafter in this Part referred to as “the
claimant”) shall, not less than six weeks before the
commencement of any legal proceedings, serve notice of his
claim on the Registrar stating the grounds on which such
claim is made and the amount claimed together with a
statutory declaration verifying the same.
(2) On receipt of such notice, the Registrar with the
concurrence of the Attorney-General may within six weeks
thereafter –
(a) admit the claim in full or offer an
amount in settlement thereof; or
(b) admit liability but not the extent
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Admission or
compromise of
claim.

Summary
determination
of
compensation.

Action for
recovery of
compensation.
thereof; or
(c) with or without an admission of
liability request the claimant to join
any person as a co-defendant in any
action that he may bring.
133. If the Registrar admits the claim or the claimant
accepts the amount offered in settlement as aforesaid and the
Registrar certifies accordingly to the Accountant General the
amount so certified shall be paid forthwith out of the Fund.
134. If the Registrar admits liability but does not
request the claimant to join any person as a co-defendant, the
claimant shall apply to the Court by originating summons to
determine the amount of the compensation to be paid, and
the Accountant General shall pay out of the Fund the amount
so determined together with costs as certified by the Registrar
of the Court.
135. (1) Subject to sections 132 and 134, the claimant
may bring an action in the Court for the recovery of
compensation against the Registrar without joining any
person as a co-defendant.
(2) In any such action, the Registrar may at any
time apply to join any person as a co-defendant or third party.
(3) If in any such action the claimant discontinues
the action without the consent of the Registrar or the leave of
the Court or allows the action to become deserted or
abandoned or does not recover compensation exceeding the
amount, if any, offered to him before action or judgment is
given in favour of the Registrar, the claimant shall be liable to
pay the full costs of the Registrar in the action, but save as
aforesaid the Court may make such order as to costs as it
thinks fit.

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Right of
Registrar to
enforce
judgement.

Right of
Registrar to
recover
compensation
payable or
paid.

Costs against
the Fund.

Inspection of
register.

Certified
copied.

Official search.
(4) If in any such action judgment is given in
favour of the claimant, a certified copy of the judgment
together with a certificate of the amount payable in respect of
costs shall be transmitted by the Registrar of the Court to the
Accountant General who shall forthwith pay the same out of
the Fund.
136. On payment and satisfaction out of the Fund of
any judgment in an action brought under the last preceding
section, the Registrar shall be subrogated to the rights of the
claimant and shall be entitled to enforce such judgment
against any co-defendant against whom judgment has been
given.
137. Where compensation is payable or has been paid
out of the Fund, the Registrar shall be entitled to recover by or
in an action or otherwise the amount so payable or so paid
from any person who has caused or substantially contributed
to the loss, damage or deprivation by his fraud, neglect or
wilful default or from his estate.
138. Any costs incurred by or awarded against the
Registrar in any legal proceedings under this Act shall be
paid out of the Fund.
PART XVIII
GENERAL PROVISIONS
139. Any person may on application to the Registrar
inspect the register during the hours of business.
140. The Registrar shall furnish to any person
applying for the same a certified copy of the register of any
parcel or of any caveat, prohibition or registered instrument
affecting registered land.
141. (1) Any person may apply to the Registrar to
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Stay of
registration.
make an official search of the register and to issue a certificate
of the result, and the Registrar shall thereupon make the
search and issue a certificate accordingly.
(2) Every search certificate shall show the state of
the register at the time of the issue of the certificate together
with a note of every caveat, prohibition, judgment, writ,
application, instrument presented for registration or other
matter affecting the power of the registered proprietor to deal
with the land.
(3) Every search certificate shall be signed by the
Registrar and sealed with the seal of the land registry and
shall record the day, hour and minute at which the
application for it was made and at which the seal was affixed.
142. (1) Where any person proposing to deal with
registered land has, with the consent in writing of the
proprietor, applied for an official search and has stated in his
application the particulars of the proposed dealing, the
Registrar shall make an order staying registration of any
instrument affecting the land to be comprised in the proposed
dealing for fourteen days from the time at which application
for the certificate was made, and shall enter a memorial
thereof and endorse a copy on the search certificate.
(2) If within the said period of fourteen days a
properly executed instrument effecting the proposed dealing
be presented for registration, such instrument shall have
priority over any other instrument which may be presented
for registration after the time of application for the search
certificate, and the same shall be registered notwithstanding
any caveat, prohibition, judgment, writ, or application
which may have been presented for registration or lodged
with the Registrar during the said period.
(3) Subject to the presentation of such properly
executed instrument within such period, any other
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Powers of the
Registration.
instrument and any caveat or application received in the land
registry during such period, shall be dealt with in the same
manner, shall have the same priority and shall be as effectual
as if no stay of registration had been obtained.
143. (1) The Registrar or in his absence the Deputy
Registrar in addition to the powers hereinbefore vested in
him may –
(a) by notice in writing require the
proprietor or other person making or
concurring in any application under
this Act to produce any document or
instrument in his possession or
control relating to the land the subject
of the application and if necessary to
attend and give any information or
explanation concerning any such
document or instrument;
(b) by notice in writing require any
person having in his possession or
control any certificate or other
instrument upon which any
endorsement is required to be made
for the purposes of this Act to
produce that instrument within a
reasonable time to be fixed by the
notice and to deposit the instrument
in the land registry for such time as
may be necessary for the making of
that endorsement;
(c) require proof by statutory declaration
of any material fact which he
considers necessary to be established
in connection with any matter or
thing sought to be done.
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Registrar may
state case.

Appeal against
decision of
Registrar.

Appeal against
decision of
(2) If any person wilfully without just cause or
excuse neglects or refuses to attend in pursuance of such
notice as aforesaid or to produce or deposit such document,
instrument or certificate as he may have been required by
such notice to produce or deposit, he shall be liable on
summary conviction to a fine of thirty-two thousand five
hundred dollars.
144. The Registrar or in his absence the Deputy
Registrar may by special case submit for the decision of a
judge any question arising under this Act which appears to
him to require such a decision, and the judge shall give his
decision thereon.
145. (1) If upon the application of any person the
Registrar refuses to register or issue any instrument or
document or to do or perform any act or duty which by this
Act is required to be registered, issued, done or performed by
the Registrar, such person may require the Registrar to state
in writing the reasons for his decision, and the Registrar shall
thereupon state his reasons accordingly and shall serve a
copy thereof upon the applicant and thereafter the applicant
may appeal by summons to a judge against the decision of the
Registrar.
(2) Any such summons shall state the grounds of
appeal and shall be served on the Registrar within fourteen
days of the service on the applicant of the reasons for the
decision of the Registrar and shall not be returnable less than
six days after service.
(3) The judge shall, after receiving any evidence
that may be tendered, make such order in the matter as the
circumstances of the case require, including an order as to
costs.
146. (1) If any person is aggrieved by any decision
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Commissioner.

Court
proceeding
affecting lands.

Addresses.
of the Commissioner and no right of appeal is specifically
conferred by this Act, such person may appeal to the Full
Court of the High Court within twenty-one days from the
date of the decision or if the decision is required to be
published in the Gazette from the date of publication.
(2) All appeals from a decision of the
Commissioner to the Full Court shall be brought in the same
manner as if such decision were an interlocutory order of the
Court.
(3) The Full Court shall, on the application of any
party who has been deprived of any land and who has only a
right of appeal on a question of law and may, on the
application of any other party, state a case for the
consideration of the Court of Appeal.
147. In any proceedings in the Court to establish title
to any land or to recover possession of any land, the plaintiff
or applicant shall produce to the Court a certificate from the
Registrar stating whether or not the land is registered and if
so in whose name and with what title.
PART XIX
MISCELLANEOUS PROVISIONS
148. Every person who under this Act –
(a) applies for the first registration of any
land or joins in such application; or
(b) submits or joins in the submission of
any counter- application, objection or
caveat; or
(c) submits any instrument for
registration; or
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Service of
notices.

Instruments
deposited in
Deeds Registry.

Special powers
of attorney.
c. 5:01

Execution of
instruments.
(d) appears on the register as the
proprietor of any land,
shall furnish to the Registrar in writing a postal address for
service within Guyana and shall notify the Registrar in
writing of any change in the said address.
149. A notice under this Act may be properly served
on any person by serving it on him personally, or by leaving
it for him or sending it by registered post addressed to him at
the address for service furnished by him to the Registrar as
provided in the last preceding section.
150. If under this Act, any instrument or a certified
copy of any instrument is required or permitted to be
deposited with the Registrar for any purpose and if such
instrument or a certified copy thereof is already deposited in
the Deeds Registry, the Registrar may, if he thinks fit, make in
the records of the land registry a reference to the instrument
or copy deposited in the Deeds Registry and such instrument
or copy shall be deemed to have been deposited in the land
registry.
151. The provisions of the Deeds Registry Act in
relation to special powers of attorney shall apply to all
dealings in registered land with such adaptations as may be
necessary.
152. (1) Every instrument shall be executed in the
presence of two witnesses and attested under their hands.
(2) The execution of every instrument shall be
verified by the endorsement thereon of a certificate under the
hand and seal of one of the officers hereinafter mentioned to
the effect either –
(a) that the person executing the
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instrument executed the same in his
presence and in such case the said
officer may himself be one of the
witnesses; or
(b) that the person executing the
instrument appeared before him and
by oath or statutory declaration
acknowledged that the signature to
the instrument was his and that he
had freely and voluntarily signed the
same in the presence of the witnesses;
or
(c) that one of the attesting witnesses
appeared before him and by oath or
statutory declaration declared that the
person executing the instrument was
personally known to him and that
such person had freely and
voluntarily signed the instrument in
the presence of him and of the other
attesting witness and that he and such
witness had thereupon themselves
signed the instrument as witnesses.
(3) The officers mentioned in the last preceding
subsection shall be, where the instrument is attested or its
execution is verified in any place –
(a) within Guyana –
(i) the Registrar, Deputy Registrar
or any assistant registrar; or
(ii) a District Commissioner,
magistrate, justice of the peace,
notary public or commissioner
for oaths;
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Protection of
Registration
against actions.

Exoneration of
the Registrar.
(b) without Guyana but within the
Commonwealth –
(i) the mayor or other chief officer
of any city or corporate town
within the United Kingdom; or
(ii) the President, Governor-
General or other officer
administering the government
or any judge of any court of
record in any territory within
the Commonwealth; or
(iii) a notary public;
(c) without the Commonwealth –
(i) any ambassador, minister or
consular officer appointed by
the President at that place; or
(ii) a notary public provided that
the fact that he is a notary
public in that place is
authenticated by an instrument
under the hand and seal of an
ambassador, minister or
consular officer as aforesaid.
153. Except as otherwise provided in this Act, neither
the Registrar nor any person acting under his authority shall
be liable to any action, suit or proceeding for or in respect of
any matter bona fide done or omitted to be done in the exercise
or purported exercise of the powers conferred by this Act.
154. Where by this or any other Act or instrument any
person is not concerned to inquire as to any matter or fact
relating to a title to or to a power of dealing with any
registered land or is protected from the effect of notice of any
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Offences.
such matter or fact, then in registering any instrument
relating to that land the Registrar shall not be concerned to
make any inquiry or search in relation thereto which such
person need not have made nor shall the Registrar be affected
by any notice with which such person need not have been
affected.
155. (1) Every person who –
(a) wilfully makes any false statement or
declaration in any application under
this Act;
(b) wilfully suppresses, withholds or
conceals or assists or joins in or is
privy to suppressing, withholding or
concealing from the Registrar any
material documents, fact or matter of
information;
(c) wilfully makes any false declaration
or statement for the purposes of or in
relation to any dealing with land
under this Act;
(d) fraudulently procures, assists in
fraudulently procuring or is privy to
the fraudulent procurement of any
certificate of title or instrument or of
any entry, erasure or alteration in the
register; or
(e) knowingly misleads or deceives any
person authorised ,
shall be guilty of a misdemeanour.
(2) A person guilty of a misdemeanour under this
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Unqualified
practitioners.
Other
remedies.
Act shall –
(a) on conviction on indictment, be liable
to a fine of two hundred and sixty
thousand dollars or to imprisonment
for two years;
(b) on summary conviction, be liable to a
fine of forty-eight thousand seven
hundred and fifty dollars or to
imprisonment for three months.
or notary public either directly or indirectly for or in
expectation of any fee, gain or reward draws or prepares any
instrument of transfer, mortgage, charge or lease or makes
any application or lodges any instrument for registration
shall on summary conviction be liable to a fine of twenty- six
thousand dollars:
Provided that this section shall not extend to –
(a) any public officer drawing or
preparing instruments and
applications in the course of his duty;
or
(b) any public officer drawing or
preparing instruments and
applications in the course of his duty;
or.
157. (1) No proceeding or conviction for any act
declared by this Act to be a misdemeanour shall affect any
remedy to which any person aggrieved by such act may be
entitled at law or in equity.
(2) Nothing in this Act shall entitle any person to
156. Every person who not being an attorney-at-law
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Fiat of Director
of Public
Prosecutions.
Power of
Minister to
make rules.
Forms.
Fees.
refuse to make a complete discovery by answer in any legal
proceeding or to answer any question or interrogatory in any
civil proceeding in any court of law, but no answer to any
such question or interrogatory shall be admissible in evidence
against such person in any criminal proceeding under this
Act.
158. No prosecution under this Act shall be brought
without the fiat of the Director of Public Prosecutions.
PART XX
RULES, FORMS, FEES, ETC
159. Subject to affirmative resolution of the National
Assembly, the Minister may from time to time make rules for
regulating practice and procedure under this Act and in
respect of such matters other than practice and procedure as
he may think expedient for carrying out the purposes and
objects of this Act and for prescribing such matters as are by
this Act required to be prescribed.
160. (1) The forms set out in the First Schedule and
the forms for the time being in force under this Act with such
additions or variations as the circumstances may require or as
the Registrar may permit shall be used in all matters to which
such forms relate.
(2) The Minister may from time to time add to or
amend the forms set out in the First Schedule.
(3) A new form or a form when amended shall be
published in the Gazette and thenceforth shall have the same
force as if it were included in the First Schedule.
161. (1) Subject to any order made under subsection
(2), there shall be paid to the Registrar the fees set out in the
Second Schedule in respect of the matters specified therein. In
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Declaration as
to
consideration.
Remuneration
of legal
practitioners.
case of first registration by transport, such fees shall be
payable in lieu of any fees payable under the Deeds Registry
Act.
(2) The Minister may by order amend or add to the
fees set out in the Second Schedule.
(3) For the purpose of determining any fees
payable under this Act, the Registrar may if he thinks fit
accept the amount of the consideration as the value of any
land, but he may in any case require a certificate of valuation
made by a sworn valuer under this Act.
162. (1) The full and true consideration payable in
respect of any dealing shall be stated in the instrument and
shall except in the case of a mortgage, charge or lease be
verified by the statutory declaration of the parties or of their
attorneys.
(2) If in any case the consideration is untruly or
fraudulently stated, the parties shall in addition to any other
penalty each forfeit and pay the sum of sixteen thousand two
hundred and fifty dollars and shall also be chargeable with
and be liable for the payment of five times the amount of the
excess duty which would have been paid if the consideration
had been truly stated.
(3) All such sums may be sued for and recovered
in the Court in the name of the Registrar.
163. (1) The remuneration payable to legal
practitioners for services rendered in respect of dealings in
registered land shall be regulated by order made by the Chief
Justice and at least one judge.
(2) Until such an order is made the remuneration
allowed to legal practitioners under the Legal Practitioners
and Registry Fees Order shall apply mutatis mutandis.
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Accounts.
s. 160
164. (1) The Registrar shall keep a correct account of
all sums of money received by him under this Act and shall
pay the same to the Accountant General at such times and
shall render accounts of the same to such persons and in such
manner as may be directed by any Act or regulations for the
time being in force relating to the collection and payment of
public moneys and the audit of public accounts.
(2) All penalties and fees received under this Act
(except sums received as contributions to the Assurance
Fund) shall be paid into the Consolidated Fund.
_____________________
FIRST SCHEDULE
FORMS OF DOCUMENTS
FORM A(1)
CERTIFICATE OF TITLE TO LAND (Section 71)
Block: Parcel:
Description and location of land:
THIS IS TO CERTIFY that A.B. of (address) is now the
registered proprietor under the Land Registry Act of all
that parcel of land registered as (parcel-number) and
comprising (area), subject to the interests endorsed
hereon or in the register and to such interests as may
under the said Act subsist without registration.
IN WITNESS WHEREOF I have hereto subscribed my name
and affixed the seal of the Land Registry this (date).
(Seal) Registrar of Lands

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_____________________
FORM A (2)
CERTIFICATE OF PROVISIONAL TITLE TO LAND
(Section 71)
Block: Parcel:
Description and location of land
THIS IS TO CERTIFY that A.B. of (address) is now the
registered proprietor under the Land Registry Act of all
that parcel of land registered as (parcel-number) and
comprising (area), subject to the qualification stated
hereunder and to the interests endorsed hereon or in the
register and to such interests as may under the said Act
subsist without registration.
This title is held subject to (state qualification as recorded in
declaration of title).
IN WITNESS WHEREOF I have hereto subscribed my name
and affixed the seal of the Land Registry this (date).
(Seal) Registrar of Lands
_____________________
FORM B
TRANSFER (Section 76)
Block: Parcel:
Description and location of land:
I, A.B., of (address), being the registered proprietor under the
Land Registry Act of (the above parcel), in consideration
of the sum of (dollars) paid to me by C.D. of (address),
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receipt of which I hereby acknowledge, do hereby
transfer to the said C.D. (all my interest in the said
parcel).
(Here state any special terms or conditions.)
And I, C.D., do hereby accept this transfer (subject to the
above terms and conditions).
As witness our hands, etc. (See notes below.)
___________
FORM C
CHARGE (Section 80)
Block: Parcel:
Description and location of land:
I, A.B., of (address), being the registered proprietor under the
Land Registry Act of (the above parcel), do hereby charge
(all my interest in the said parcel) with the payment of
the sum of (dollars) per annum payable on (dates of
payment) in each year to C.D. of (address).
(Here state the event or circumstance on which sums shall
become and cease to be payable and any special terms or
conditions.)
As witness my hand, etc.
(See notes below.)
____________________

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FORM D
NOTICE OF DEPOSIT OF CERTIFICATE OF TITLE
(Section 87)
To the Registrar of Lands:
I, A.B., of (address) hereby give notice that the certificate of
title of parcel (number) has been deposited with me with
the intention of creating a lien thereover to secure the
sum of (dollars).
_____________________
FORM E
LEASE (Section 89)
Block: Parcel:
Description and location of land:
I, A.B., of (address) being the registered proprietor under the
Land Registry Act of (the above parcel), do hereby lease
to C.D. of (address) (all my interest in the said parcel) for a
period of (years) from (date) at a yearly rent of (dollars)
payable on (date or dates) in each year.
(Here state any special terms or conditions and any modification of
the terms and conditions implied by the Act.)
And I, C.D., do hereby accept this lease (subject to the above
terms and conditions).
As witness our hands, etc. (See notes below.)
__________________

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FORM F
CAVEAT (Section 125)
Block: Parcel:
To the Registrar of Lands:
Take notice that I, A.B., of (address) claim an interest in the
above parcel (now standing in the register in the name of
E.F.) and I forbid the registration of any instrument of
transfer or other instrument affecting the said interest
until after notice of the intended registration has been
given to me (or unless such dealing is expressed to be
subject to my claim).
Nature of the interest claimed and grounds upon which such
claim is founded:
(State nature and grounds.)
My address for service is (address).
(Signature of caveator, solicitor, or attorney.)
I, the above named A.B., (or C.D. solicitor or attorney for the
said A.B.) do solemnly and sincerely declare that the
statements in the above caveat are true in substance and
in fact (as I have been informed by the above named A.B.
and verily believe).
I make this declaration etc.
______________________
NOTES TO FORMS B, C, D, AND F
(1) If the person executing the instrument is not
himself the proprietor of the land but of an interest therein,
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he should be described as proprietor of the interest and a
reference to the instrument creating the same should be
included.
(2) Where the interest affected by the instrument is
less than the interest of the person executing it, the words all
my interest in the said parcel should be modified
accordingly.
___________________
SECOND SCHEDULE
FEES $ c.
1. On the first registration
for the first $500 or part thereof .........................
for every $500 or part thereof—
in excess of $500 up to 2,500................................
in excess of $2,500 up to $5,000 .........................
in excess of $5,000 ..............................................
Provided that –
(a) on first registration in the name of the
State or any statutory body, no fee shall
be payable;
(b) on first registration with an absolute
title under section 68, or by any person
passing a transport to himself under
section 43, or following an order or
judgment of the Court under section
44, or following a sale in execution
under section 45, there shall be payable
one half of the prescribed fee;
60.00
30.00
12.00
6.00
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(c) where a fee on first registration has
been prescribed in the order
designating any registration area, such
fee shall be payable in lieu of the
prescribed fee;
(d) on first registration pursuant to the
District Lands Partition and Re-
allotment Act the fee prescribed in that
Act shall be payable in lieu of the
prescribed fee.
2. By way of contribution to the Assurance
Fund –
(a) on first registration of land under
this Act –
one-fifth of one per cent of the value
of the land together with such
additional contribution as the
Commissioner may under section 41
direct:
Provided that in the case referred to in
provisos (a), (b) and (d) of item 1 of this
Schedule, no fee by way of contribution to the
Assurance Fund shall be payable:
(b) on registration of any transfer for
value of land held under an absolute
title –
one-tenth of one per cent of the value
of land or consideration;
(c) on registration of a transfer for
value, or any mortgage, charge,
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lease, or transmission of any land
held under a provisional title –
one fifth of one per cent of the value
of the land:
Provided that where a contribution
has been paid upon transmission to
any person in a fiduciary capacity,
no contribution shall be payable
upon a transfer by the fiduciary to
any person beneficially entitled.
3. On presentation for registration of –
(a) a transfer of land on sale— one-
quarter of one per cent of the value of
the land or the sum of one hundred
dollars whichever is the greater:
Provided that where such transfer is
registered pursuant to any
agreement protected by a
registered caveat, the above fee shall
be reduced by the amount of the fee
paid in respect of the caveat.
(b) any other transfer or a
transmission........................
(c) a mortgage or charge— one-tenth of
one per cent of the amount secured or
the value of the charge as the case
may be, or one hundred dollars
whichever is the greater:
Provided that where such mortgage
or charge is registered pursuant to an
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agreement protected by a registered
caveat or by the registered deposit of
a certificate of title, the above fee
shall be reduced by the amount of the
fee paid in respect of the caveat or
notice of deposit.
(d) a lease –
where the lease is not required to be
registered...
where the term of the lease does
not exceed twenty years......................
in any other case...........................
(e) a judgement.........................................
(f) a writ of execution –
a writ of execution –
if issued in pursuance of a registered
judgment....
in any other case ..................................
(g) a caveat –
if entered to protect an agreement for
sale or an agreement to mortgage or
charge any land—
one half of the fee payable on the
transaction protected;
in any other case.................................
(h) a notice of deposit of a certificate of
title –
one half of the fee payable on a
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mortgage equal in value to the sum
secured.
(i) an easement or restrictive covenant –
if entered in the register of one
dominant and one servient parcel
................................................
for every further parcel
..................................
(j) any other instrument or document
capable of registration for which no
fee is provided............
4. Upon the discharge of a mortgage or
charge, the surrender or determination of
a lease, the withdrawal of a caveat or
notice of deposit or the removal from the
register at the request of the person
presenting the same of the memorial of
any judgment, writ or other
matter..............................................................
5. Upon registration of a declaration of title
by adverse possession—
as upon first registration.
6. Upon presentation of any application,
counter application, objection, notice or
request for which no fee is provided, and
for the withdrawal of the same ...
7. Upon the issue of –
(a) a certificate of title –

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where the value of the land does not
exceed $5,000.......................................
in every other case ........................
(b) a search certificate –
where a stay of registration is
made.....................
in every other case..............................
(c) a certificate as required by section 147
...............
8. (a) For every rectification of the
register........
Provided that no fee shall be payable
where the rectification is necessitated by
any error or omission of the Registrar.
(b) on an inspection of the register, for
each parcel....
(c) for copies of documents (exclusive of
plans)—
certified, per folio of 100 words
.................
uncertified, per folio of 100
words.............
(d) on any other inspection or search in
the land registry
9. On appointment as sworn valuer
____________________

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[Subsidiary] Land Registry (Registration Areas) Order

L.R.O. 1/2012
Citation .

Application.
Schedule.
SUBSIDIARY LEGISLATION
_________________
LAND REGISTRY ACT (COMMENCEMENT OF
SECTION 43) ORDER
made under section 1(2)
1. This Order may be cited as the Land Registry Act
(Commencement of section 43) Order.
2. Section 43 of the Land Registry Act shall come into
force at the commencement of this Order in the areas
described in the Schedule.
_____________________
SCHEDULE
1. The area known as Block "A" comprising 130 (one
hundred and thirty) acres being a part of a parcel of land
comprising fields numbers 15 (fifteen) to 31 (thirty-one)
inclusive, having an area of 180.084 (one hundred and eighty
decimal nought eight four) acres shown and defined on a
plan of Plantation Ruimveldt (South), East Bank Demerara
River, by Edward G. Thompson, Sworn Land Surveyor, dated
9th September, 1965, and deposited in the Deeds Registry at
Georgetown on the 14th day of December, 1965; the said
Block "A" is shown and defined on a plan by C.S. Spence,
Sworn Land Surveyor, dated 14th June ,1967, and deposited
in the Deeds Registry at Georgetown on the 24th day of
August, 1967.

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Citation.
Designation of
areas.
O.61/1971
2. A portion of land of 46.02 acres at Vryman's Erven,
New Amsterdam, Berbice, being a part of Grant No. 2228 and
shown on a plan by R. N. Mangar dated 31st July, 1967, and
deposited in the Lands Department, Georgetown, as No.
12567, commencing from a concrete paal marked J.T.S. at the
junction with Savannah Road and Vryheid Street and its
boundaries extending thence N 170° 41' 38" (true) 34.38 feet,
thence N 200° 18'23" (true) 152.50 feet, thence N108° 28' 00"
(true) 1486.17 feet, thence N 17° 53' 27" (true) 1203.50 feet,
thence N 302° 00' 27" (true) 1482.43 feet to the point of
commencement.
____________________
LAND REGISTRY (REGISTRATION AREAS) ORDER
made under section 17(1)
1. This Order may be cited as the Land Registry
(Registration Areas) Order.
2. The areas set out in the Schedule are hereby
designated as registration areas.
_____________________
SCHEDULE
REGISTRATION AREAS
BERBICE
The several tracts of land held under Grants Nos.
1804,1806,1805, 1803,1780,1802,2767, 2229,1651, 1778 and 1779
and Leases A2110, A288; A991, A3769 and Provisional Leases
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O.45/1972

O.37/1970
O. 67/1972
560/57 and 774/59 situate at the place called Crabwood Creek
on the left bank of the Corentyne River and bounded as
follows:
On the North: by the upper boundary of
Grant No. 847
On the South: by the lower boundary of
Grant No. 4043
On the East: by the Corentyne River
On the West: by State Lands being the
Government Reserves in rear
of the tracts listed above.
The area of land in the backlands of Lot No. 64 on the
Corentyne Coast in the county of Berbice and bounded as
follows:
On the North: by the common boundary with
Lot No. 63
On the South: by the common boundary with
Lot No. 65
On the East: by the common boundaries
with house lots Nos. 240 to 287
On the West: by the common boundaries
with reef lots Nos. 1 and 61
Plantation Lot No. 61, situate on the left bank of the
Corentyne River, in the county of Berbice and bounded as
follows:
On the North: by Lot No. 60
On the South: by Lot No. 62
On the East: by the Atlantic Ocean
On the West by State Lands
Lot No. 50 situate on the Corentyne Coast in the county of
Berbice and bounded as follows:
LAWS OF GUYANA
104 Cap. 5:02 Land Registry
[Subsidiary] Land Registry (Registration Areas) Order
O. 66/1972
O. 38/1970
O. 65/1972
On the North: by the southern boundary of the
between Lots No. 49 and No. 50
On the South: by the common boundary with
Lot No. 51
On the East: by the Atlantic Ocean
On the West: by State Lands
Lot No. 49 situate on the Corentyne Coast in the county of
Berbice and bounded as follows:
On the North: by the southern boundary of the
Ketting between Lots No. 48
and No. 49
On the South: by the Northern boundary of
Lot No. 50
On the East: by the Atlantic Ocean
On the West: by State Lands
Plantation No. 48 or Rising Sun situate on the Corentyne
Coast in the county of Berbice and bounded as follows:
On the North: by the Atlantic Ocean
On the South: by State Lands
On the East: by the western boundary of No.
49 or Mary's Hope
On the West: by the Eastern boundary of No.
47
Lot No. 46 situate on the Corentyne Coast in the county of
Berbice and bounded as follows:
On the North: by the common boundary with
Lot No. 45 and State Lands
On the South: by the Northern boundary of
the Ketting between Lots No. 46
and No. 47
LAWS OF GUYANA
Land Registry Cap. 5:02 105
[Subsidiary] Land Registry (Registration Areas) Order

L.R.O. 1/2012
O. 64/1972

O.63/1972
O.62/1963
On the East: by the Atlantic Ocean
On the West: by State Lands
Lot No. 45 situate on the Corentyne Coast in the county of
Berbice and bounded as follows:
On the North: by the southern boundary of the
Ketting between Lots No. 44
and No. 45
On the South: by the common boundary with
Lot No. 46
On the East: by the Atlantic Ocean
On the West: by State Lands
Lot No. 44 situate on the Corentyne Coast in the county of
Berbice and bounded as follows:
On the North: by the southern boundary of the
Ketting between Lots No. 43
and No. 44
On the South: by the northern boundary of Lot
No. 45
On the East: by the Atlantic Ocean
On the West: by State Lands
That area of land being the first depth of Plantation Bush Lot
also called Lot 27 situate on the Corentyne Coast in the
County of Berbice and bounded as follows:
On the North: by the Atlantic Ocean
On the South: by the second depth of
Plantation Bush Lot or No. 27
held under Licence of
Occupancy No. A2610
On the East: by the Government Ketting
On the West: by the Government Ketting

LAWS OF GUYANA
106 Cap. 5:02 Land Registry
[Subsidiary] Land Registry (Registration Areas) Order
O.37/1968
O.36/1968
O.56/1964
and containing an area of 530.10 English Acres (500 Rhynland
Acres) as shown on a plan by J. A. P. Bowhill (Sworn Land
Surveyor) dated 16th February, 1918, and recorded in the
Lands Department as plan No. 2600.
Lots Nos. 0, 1 and 2 (commonly known as Courtland) situate
on the Corentyne Coast of the County of Berbice and
bounded as follows:
On the North: by the Atlantic Ocean
On the South: by the Grand Canal
On the East: by Fyrish or Lot No. 3,
Corentyne Coast, Berbice
On the West: by Gibraltar or Lot No. 39
Gibraltar or Lot 39, situate on the Corentyne Coast of the
County of Berbice and bounded as follows:
On the North: by the Atlantic Ocean
On the South: by the Grand Canal
On the East: by Lots Nos. 0, 1 and 2
(commonly known as
Courtland), Corentyne Coast,
Berbice
On the West: by Borlam or Lot No. 37
The eastern half of an area of land known as Plantation
Susannah situate on the East Coast of Berbice and bounded as
follows:
On the North: by the Atlantic Ocean
On the South: by the northern edge of the
Grand canal reserve
On the East: by the common boundary along
the side line dam between the
eastern half of Plantation
Susannah and the western half
LAWS OF GUYANA
Land Registry Cap. 5:02 107
[Subsidiary] Land Registry (Registration Areas) Order

L.R.O. 1/2012
O. 8/1970
O. 5/1972

O. 9/1970
O. 18/1972
of Plantation Susannah.
Plantation Sandvoort situate on the left bank Canje River in
the County of Berbice and bounded as follows:
On the North: by the Canje River
On the South: by State Lands
On the East: by Plantation Rising Sun
On the West: by Plantation Lochaber and
State Lands
Mount Sinai situate in the county of Berbice and bounded as
follows:
On the North: by Plantation Smythfield
On the South: by Plantation Overwinning
On the East: by Plantation Caracas
On the West: by lands held by the Mayor and
Town Council of New
Amsterdam under Grants Nos.
2596 and 2228.
Plantation Glasgow situate on the right bank Berbice River in
the County of Berbice and bounded as follows:
On the North: by Plantation Providence
On the South: by State Lands
On the East: by Plantation Providence and
State Lands
On the West: by the Berbice River and
Plantation Edinburgh
The area of land situate on the right bank of the Berbice River,
comprising the following Plantations: Edinburgh, Everton,
Belle Vue, Rotterdam, Lonsdale, Brothers, Sisters, Friends and
Enfield, the said area being bounded as follows:

LAWS OF GUYANA
108 Cap. 5:02 Land Registry
[Subsidiary] Land Registry (Registration Areas) Order

O.7/1970
O.5/1970
O. 111/1973
O.39/1970
81/1973
On the North: by the Berbice River
On the South: by State Lands
On the East: by the western boundaries of
Plantations
Providence and Glasgow and the prolongation thereof to the
extremity of Plantation Edinburgh
On the West: by the Ketting between
Plantations Enfield and
Kortberraad
Plantation Germania situate on the right bank Berbice River
in the County of Berbice and bounded as follows:
On the North: by Plantation Augsburg
On the South: by Plantation Mara
On the East: by State Lands
On the West: by the Berbice River
The area of land known as Lighttown and Macaw, the said
area of land being situated on the right bank Berbice River in
the County of Berbice and bounded as follows:
On the North: by the Berbice River
On the South: by the southern boundary of the
Reserve for the Macaw Canal
On the East: by Plantation Highbury and
State Lands and Plantation Plegt
Anker
On the West: by the Berbice River
Plegt Anker on the East Bank of the Berbice River, in the
County of Berbice and bounded as follows:
On the North: by State Lands
On the South: by the Berbice River
LAWS OF GUYANA
Land Registry Cap. 5:02 109
[Subsidiary] Land Registry (Registration Areas) Order

L.R.O. 1/2012
O.6/1967
O. 22/1967
O. 23/1967
On the East: by State Lands and part of the
Western Boundary of Plantation
Zorg-en-Vlyt
On the West: by the common boundaries with
Grant No. 1280, Christina's Lust
California, and State Lands
Plantation Ithaca and South Zorg-en-Hoop situate on the west
bank of the Berbice River, in the county of Berbice and
bounded as follows:
On the North: by the southern boundary of the
northern half of Pin. Zorg-en-
Hoop
On the South: by the northern boundary of
Pin.
On the East: by the Berbice River
On the West: by State Lands
Plantation Fern situate on the left bank BerbiceRiver in the
County of Berbice and bounded as follows:
On the North: by Plantation Dankbarheid
On the South: by Plantation Rossfield
On the East: by the Berbice River
On the West: by State Lands
Lot No.4 or Plantation Edderton situate on the West Coast of
the County of Berbice and bounded as follows:
On the North: by the boundary between Lot
No. 4 or Edderton and Lot No. 5
or Zee Lust
On the South: by the boundary between Lot
No. 3 or Mon Choisi and Lot
No. 4 or Edderton
On the East: by the Atlantic Ocean
LAWS OF GUYANA
110 Cap. 5:02 Land Registry
[Subsidiary] Land Registry (Registration Areas) Order

O.19/1972
O.18/1961

O.46/1972
On the West: at a point where the southern
boundary of Lot No. 5 or Zee
Lust and the northern boundary
of No.3 or Mon Choisi meet
Lot No. 5 or Plantation Zee Lust situate on the West Coast of
the County of Berbice and bounded as follows:
On the North: by the boundary between Lot
No. 5 or Zee Lust and Lot No. 6
or Bel Air
On the South: by the boundary between Lot
No. 4 or Edderton and Lot No.5
or Zee Lust
On the East: by the Atlantic Ocean
On the West: by State Lands
Willemstad or No. 7 situate on the west bank of the Berbice
River and bounded as follows:
On the North: by the common boundary with
Inverness
On the South: by the common boundary with
Bel Air or No. 6
On the East: by the Berbice River
On the West: by State Lands
Lot No. 8 also known as Plantation Inverness situate on the
West Coast of the County of Berbice, as described in a
diagram dated 25th February, 1846, by William Downer,
Sworn Land Surveyor, and bounded as follows:
On the North: by the common boundary
between Lot No. 9 also known
as Plantation Expectation and
Lot No. 8 also known as
Plantation Inverness
LAWS OF GUYANA
Land Registry Cap. 5:02 111
[Subsidiary] Land Registry (Registration Areas) Order

L.R.O. 1/2012
0.84/1960

O.17/1961
O.85/1960
On the South: by the common boundary
between Lot No. 8 also known
as Plantation Inverness and Lot
No. 7 also known as Plantation
Willemstad
On the East: by the Atlantic Ocean
On the West: by State Lands
Plantation D'Edward situate on the west bank of the Berbice
River and bounded as follows:
On the North: by the Ketting between Cotton
Tree and D'Edward
On the South: by Plantation Rosignol
On the East: by the Berbice River
On the West: by State Lands
Lot No. 9 or Plantation Expectation situate on the West Coast
of the County of Berbice, as described in a diagram dated 25th
February, 1846, by William Downer, Sworn Land Surveyor,
and bounded as follows:
On the North: by the common boundary
between Lot No. 10 or Friends
Retreat and Lot No. 9
On the South: by the common boundary
between Lot No. 8 and Lot No. 9
On the East: by the Atlantic Ocean
On the West: by State Lands
Lot No. 10 also known as Plantation Woodlands and
Plantation Friends Retreat, situate on the West Coast of the
County of Berbice and bounded as follows:
On the North: by the common boundary
between Lot No. 11 also known
as Plantation Woodley Park and
LAWS OF GUYANA
112 Cap. 5:02 Land Registry
[Subsidiary] Land Registry (Registration Areas) Order
O.19/1961
Plantation Woodlands being the
northern portion of Lot No. 10
On the South: by the common boundary
between Plantation Friends
Retreat being the southern
portion of Lot No. 10 and Lot
No. 9 also known as Plantation
Expectation
On the East: by the Atlantic Ocean
On the West: by State Lands
The Leeward half of the Plantation formerly called Two
Friendsor the Windward half of the centre one-third part of
Plantation Lots numbers Eleven and Twelve, situate on the
West Sea Coast of the County of Berbice; comprising an area
of approximately 134 acres and bounded as follows:
On the North: by the common boundary
between the Wind- ward Third
of Lots Nos. 11 and 12 also
known as and called Waterloo
and the Windward Half of
Centre Third of Lots Nos. 11
and 12
On the South: by the common boundary
between Lot No. 11 and Lot No.
12
On the East: by the Atlantic Ocean
On the West: by the common boundary
between the Windward Half of
the Centre Third of Lots Nos. 11
and 12 and Lot No. 14 as shown
on a plan by Frank Fowler,
Sworn Land Surveyor, dated
the 19th July, 1900, and
recorded in the Lands
Department as Plan No. 1221.
LAWS OF GUYANA
Land Registry Cap. 5:02 113
[Subsidiary] Land Registry (Registration Areas) Order

L.R.O. 1/2012
O.90/1960
O.4/1970
Plantation Trafalgar situate on the West Coast of the County
of Berbice and bounded as follows:
On the North: by the common boundary
between Plantation Trafalgar
and Plantation Union
On the South: by the common boundary
between Plantation Trafalgar
and Lot No. 27 also known as
Plantation Onverwagt.
On the East: by the Atlantic Ocean
On the West: by State Lands
Commencing at the point where the common boundary
between Plantations Union and Trafalgar meets the shore line
of the Atlantic Ocean, and extending thence in a south
westerly direction along the said common boundary of
Plantation Union and Trafalgar to the back boundary of
Plantation Union, thence in a north-westerly direction along
the back boundaries of Plantations Union, Tempe, Brittania,
Chester, Yeovil and Ross thence in a north-easterly direction
along the common boundary between plantations Ross and
Brahn to the shore line of the Atlantic Ocean, and thence in a
south easterly direction along the shore line of the Atlantic
Ocean to the point of commencement.
Plantation Kingelly, situate on the West Coast of the County
of Berbice and bounded as follows:
On the North: by the Atlantic Ocean
On the South: by State Lands
On the East: by Plantation Brahn
On the West: by Plantation Phoenix

LAWS OF GUYANA
114 Cap. 5:02 Land Registry
[Subsidiary] Land Registry (Registration Areas) Order
O.24/1964

O.10/1970

O.41/1962
O.70/1962
DEMERARA
An area of land known as Plantation Calcutta, situate on the
East Coast of Demerara and bounded as follows:
On the North: by State Land bordering the
Atlantic Ocean
On the South: by State Land held under Lease
No. A 3084
On the East: by Plantation Catherine
On the West: by Plantation Recess
The area of land extending from Cambridge to Helena No. 1
(inclusive), the said area being situated on the left bank of the
Mahaica River and bounded as follows:
On the North: by the northern boundary of
Cambridge
On the South: by the southern boundary of
Helena No 1
On the East: by the Mahaica River
On the West: by the Shanks Canal
Plantation Bachelor's Adventure situate on the East Sea Coast
of the County of Demerara and bounded as follows:
On the North: by the Atlantic Ocean
On the South: by State Lands held under
Licence No. 2758
On the East: by Plantation Paradise
On the West: by the Company Path between
Plantations Bachelor's
Adventure and Elizabeth Hall
Plantations Buxton and Friendship situate on the East Sea
Coast of the County of Demerara and bounded as follows:

LAWS OF GUYANA
Land Registry Cap. 5:02 115
[Subsidiary] Land Registry (Registration Areas) Order

L.R.O. 1/2012
O.71/1967
On the North: by the Atlantic Ocean
On the South: by lands held under Grant No.
4592 by the Village Council of
Buxton and Friendship
On the East: by the common boundary
between Plantations Friendship
and Vigilance and State Lands
held under Licence No. 99 by
the proprietors of Vigilance
On the West: by the common boundary
between Plantations Buxton and
La Reconnaisance and State
Lands held under Licence No.
2754 by the proprietors of
Lusignan cum annexis
That area of land being a portion of the front lands of
Section"A" Plantation Beterverwagting, situate to the north of
the East Coast Public Road, and west of the road between
Beterverwagting and Triumph, on the East Coast of
Demerara, in the County of Demerara, and bounded as
follows:
Commencing at a concrete paal branded M.K.S. at the south-
western corner, 68-0 feet from the centre line of the East Coast
Public Road, thence on a bearing S 62° 19' 40" E (true) for a
distance of 455-3 feet, thence N 15° 27' 50" E (true) for a
distance of 450 0 feet; thence N 74° 32' 10" W (true) for the
distance of 445 .0 feet, thence S 15° 27' 50" W (true) for a
distance of 353-7 feet to the point of commencement; having
by measurement an area of 4-1051 acres or 178,823-6 sq. ft as
demarcated and shown bordered red on the plan by the
Sworn Land Surveyor Mohamed K. Shaheed dated the 13th
day of March, 1957, and recorded in the Lands Department
on the 2 2nd day of April, 1957, as plan No. 7840, and
deposited in the Deeds Registry on the 5th day of June, 1957,
without the buildings and erections thereon.
LAWS OF GUYANA
116 Cap. 5:02 Land Registry
[Subsidiary] Land Registry (Registration Areas) Order
O.17/1967
O.90/1970

0.92/1970
O. 22/1961
An area of land being a portion of Plantation Beterverwagting
and bounded as follows:
On the North: by the sea defence reserve
On the South: by the railway reserve
On the East: by Plantation Triumph
On the West: by Plantation La Bonne
Intention
save and except that portion of section "A", north of the
Public Road, as shown on a plan dated 27th January, 1967, by
R. N. Mangar, Sworn Land Surveyor and on record with the
Lands Department as plan No. 12298
Plantation Ruimveldt situate on the east bank of the
Demerara River, in the county of Demerara and bounded as
follows:
On the North: by Pin. La Penitence
On the South: by the Company Path lying
immediately north of Pin.
Houston
On the East: by State Lands
On the West: by the Demerara River
Plantation Eccles situate on the east bank of the Demerara
River, in the county of Demerara and bounded as follows:
On the North: by Plantation Rome
On the South: by Plantation Peters Hall
On the East: by Plantation Sage Pond
On the West: by the Demerara River
Plantation Arcadia situate on the East Bank, Demerara River
and bounded as follows:
On the North: by No. 3 Canal
LAWS OF GUYANA
Land Registry Cap. 5:02 117
[Subsidiary] Land Registry (Registration Areas) Order

L.R.O. 1/2012

O. 93/1970
O. 91/1970
O. 80/1973
On the South: by portions of the north
boundaries of Plantation Great
Diamond and Grant No. 1644
held by the Demerara Company
Ltd.
On the East: by Plantation Mocha
On the West: by the back boundaries of
Plantations Herstelling,
Providence, Farm, Vreed-en-
Rust, Covent Garden, Prospect,
Diamond and portion of the
eastern boundary of Plantation
Great Diamond.
Plantation Peters Hall situate on the east bank of the
Demerara River, in the county of Demerara and bounded as
follows:
On the North: by Plantation Eccles
On the South: by Plantation Providence
On the East: by Plantation Sage Pond
On the West: by the Demerara River
Plantation Providence situate on the east bank of the
Demerara River, in the county of Demerara and bounded as
follows:
On the North: by Plantation Peters Hall
On the South: by Plantation Herstelling
On the East: by Plantation Sage Pond
On the West: by the Demerara River
Plantation Friendship on the East Bank of the Demerara
River,in the County of Demerara, comprising an area of
approximately 2689 acres and bounded as follows:
On the North: by the northern common
LAWS OF GUYANA
118 Cap. 5:02 Land Registry
[Subsidiary] Land Registry (Registration Areas) Order
O. 19/1965
47/1972*
O. 45/1961
boundary with Plantation New
Hope
On the South: by the southern boundary of the
Company Path between
Plantation Friendship and
Garden of Eden
On the East: by State Lands
On the West: by the Demerara River
First, a portion of land on the right bank of the Demerara
River bounded as follows:
On the North: by the southern boundary of
Timehri Field
On the South: by the southern boundary of Lot
No. 42 or Amelia's Ward
On the East: by State Land
On the West: by the right bank of the
Demerara River
and comprising the following Plantations—Lot No. 42 or
Amelia's Ward, Lot No. 41 or Fitz Hope, Dalgin or Lot No. 40,
Adventure, Lot No. 38, Lot No. 37, Elizabeth, York, Loo
Lands, Dora, Loo Lands, Uitspa, Vryheid, Warida,
Endeavour, Jalousie, Susannah's Rust, Teddington, Low
Wood or Hauraruni, Sans Souci, Elizabeth Ann, Uit, New St.
Eustatius, Lana and Alliance
♦See Cap. 5:06.
Secondly, a portion of State Land on the right bank of the
Demerara River being in rear of Plantation Amelia's Ward
and bounded as follows:
On the North: by the prolongation of the
northern boundary of
Plantation Amelia's Ward to the
LAWS OF GUYANA
Land Registry Cap. 5:02 119
[Subsidiary] Land Registry (Registration Areas) Order

L.R.O. 1/2012
O. 29/1962
O. 104/1959
intersection with the Western
boundary of the Soesdyke/Ituni
Highway Reserve
On the South: by the Kara-Kara Creek
On the East: by the Western boundary of the
Soesdyke/ Ituni Highway
Reserve
On the West: by the Eastern boundary of
Plantation Amelia's Ward.
Portions of the south half of Lot No. 42 or Amelia's Ward
situate on the right bank of the Demerara River and being
two adjoining tracts containing an area of 61 -262 acres and
shown marked "A" and "B" on a plan by R. L. Dewar, Senior
Government Surveyor, dated 27th August, 1959, and
recorded in the Lands Department as plan No. 8985 and
bounded as follows:
On the North: by the remaining portion of the
south half of
On the South: Lot No. 42 or Amelia's Ward
East:
On the West: by the Demerara River
An area of land situate on the left bank of the Demerara
Riverin the County of Demerara:
Commencing at a point where the northern boundary of
Plantation Belle Vue meets the mean low water mark of the
Demerara River and extending thence in a westerly direction
along the said northern boundary of Plantation Belle Vue to
the extremity of the 1st depth of Plantation Belle Vue thence
southwards along the extremity of the 1st depth of Plantation
Belle Vue to the southern boundary of Plantation Belle Vue
thence eastwards along the southern boundary of Plantation
Belle Vue to the extremity of the 1st depth of Plantation Good
Intent, thence along the extremities of the 1st depth of
LAWS OF GUYANA
120 Cap. 5:02 Land Registry
[Subsidiary] Land Registry (Registration Areas) Order
O. 18/1965
O. 79/1973
Plantation Good Intent and De Gezusters to the northern
boundary of the land held under Licence of Occupancy A 38,
thence eastwards along the said northern boundary of the
land held under Licence of Occupancy A 38 to the extremity
of the 1st depth of Plantation Goed Verwagting, thence
southwards along the extremity of the 1st depth of Plantation
Goed Verwagting to the southern boundary of Plantation
Goed Verwagting, thence along the southern boundary of
Plantation Goed
Verwagting to the mean low water mark of the Demerara
River, thence along the said mean low water mark of the
Demerara River to the point of commencement.
Note—The said area of land comprises the plantations
commonly known as Belle Vue, Good Intent, Sisters and
Wales and is bounded as follows:
On the North: by the Company path between
Plantations La Retraite and Belle
Vue
On the South: by Plantation De Jonge Rachael
On the East: by the Demerara River
On the West: by the extremities of the 1st
depths of Plantations Belle Vue,
Good Intent, De Gezusters and
Goed Verwagting
An area of land situate on the left bank of the Demerara River
in the County of Demerara and bounded as follows:
Commencing at the point where the northern boundary of
Plantation Jacobs Lust meets the left bank of the Demerara
River, and ex-tending thence in a westerly direction along the
said northern boundary of Plantation Jacobs Lust and its
westward prolongation to the point of intersection with the
western boundary of the reserve for the irrigation canal
LAWS OF GUYANA
Land Registry Cap. 5:02 121
[Subsidiary] Land Registry (Registration Areas) Order

L.R.O. 1/2012
O. 23/1966A

O. 36/1970
constructed under the Boerasirie Extension Project; thence in
a southerly direction along the western boundary of the said
reserve for the irrigation canal and its southward
prolongation to the point of intersection with the westward
prolongation of the southern boundary of Plantation Zorg-en-
Vliet; thence in an easterly direction along the said westward
prolongation and along the southern boundary of Plantation
Zorg-en-Vliet to the left bank of the Demerara River; thence in
a northerly direction along the left bank of the Demerara
River to the point of commencement.
An area of land on the left bank of the Demerara River
bounded as follows:
On the North: by the southern boundary of
Zorg-en-Vliet On the South: by
the northern boundary of Lot
No. 51 or Christianburg
On the East: by the left bank of the Demerara
River
On the West: by State Land
and comprising the following Plantations—Susannah's Rust,
Her- mansteyn, Bee Hive, Princess Carolina, Glasgow, Sand
Hills, Vreeden Rust, Dunoon, Aurora or Dorcester, Good
Hope, Dankberheid, Experience, Hope, Maracouba, Lands of
Osbourne, Stena, Berlin, Klien Paris, Vreed-en-Hoop,
Stamholder, La Resource, Certain Hope, Leyden, Sophia's
Rust, De Cottagie, Uitkomst, Spring Garden, St. Jan,
Richmond, Blenheim, The Bell, Herstelling, Maltha, Aan de
Adventure, Suyd Beveland now called Charters, Amsterdam,
Gold Hill, Lot No. 49 and Lot No. 50.
Stewartville on the West Coast in the County of Demerara
and bounded as follows:
On the North: by the Atlantic Ocean
LAWS OF GUYANA
122 Cap. 5:02 Land Registry
[Subsidiary] Land Registry (Registration Areas) Order
O. 20/1972

O. 63/1963
On the South: by State Lands
On the East: by the Western boundary of the
Company Path between
Stewartville and Leonora
On the West: by the Eastern boundary of the
Company Path between
Uitvlugt and Stewartville
ESSEQUIBO
An area of land situate on the right bank Essequibo River and
bounded as follows:
On the North: by the right bank Essequibo
River
On the South: by the northern boundary of the
Naamryck/Ruby Distributary
Reserve
On the East: by the common boundary
between Plantation Hydronie
and Plantation Parika and its
prolongation to the northern
boundary of the
Naamryck/Ruby Distributary
Reserve
On the West: by the common boundary
between Plantation Hyde Park
and Plantation Parika and its
prolongation to the northern
boundary of the
Naamryck/Ruby Distributary
Reserve
The area of land known as Goodman's Freetown, being a
portion of the Island of Leguan in the Essequibo River and
bounded as follows:

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O.27/1966A
O.27/1966A

O.28/1966A
O. 29/1966A
On the North: by Pin. Vroun Anna
On the South: by lands comprised in Grant
No. 1818
On the East: by the Essequibo River
On the West: by the Essequibo River
Plantation Ridge, in the island of Wakenaam, comprising an
area of approximately 411 acres and bounded as follows:
On the North: by Plantation Palmyra
On the South: by Plantation Concordia
On the East: by the Essequibo River
On the West: by the Essequibo River
Plantation Good Hope situate on the left bank of the
Essequibo River in the County of Essequibo, bounded on the
north by Plantation Spring Garden, on the east by the
Essequibo River, on the south by the Supenaam River and on
the west by State Lands.
An area of land situate on the Essequibo Coast of the County
of Essequibo and bounded as follows:
On the North: by the common boundary
between Plantation Westfield
and Plantation Alliance
On the South: by the northern boundary of the
Company's Path between
Plantation Dageraad and
Plantation L'Union
On the East: by the Atlantic Ocean
On the West: by State Land and comprising
Plantations Dageraad, Mocha
and Westfield.
An area of land situate on the Essequibo Coast of the County
of Essequibo and bounded as follows:
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O. l/l965
On the North: by the common boundary
between Plantation Three
Friends and Plantation Land of
Plenty
On the South: by the common boundary
between Plantation Aberdeen
and Plantation Columbia
On the East: by the Atlantic Ocean
On the West: by State Lands and comprising
Plantations Aberdeen and Three
Friends.
An area of land situate on the Essequibo Coast of the County
of Essequibo and bounded as follows:
On the North: by the common boundary
between Plantation Devonshire
Castle and Plantation Walton
Hall
On the South: by the northern boundary of the
Company's Path between
Plantation Hampton Court and
Plantation Windsor Castle
On the East: by the Atlantic Ocean
On the West: by State Land and comprising
Plantations Hampton Court and
Devonshire Castle
An area of land on the right bank of the Pomeroon River
bounded as follows:
On the North: by the southern boundary of the
Cozier Canal Reserve
On the South: by the southern boundary of the
parcel of land held under Grant
No. 2264 and its prolongation
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O. 10/1964
O.2/1965
eastwards to the Atlantic Ocean
On the East: by the Atlantic Ocean
On the West: by the right bank of the
Pomeroon River
An area of land on the right bank of the Pomeroon River
bounded as follows:
On the North: by the Atlantic Ocean and East:
On the South: by the southern boundary of the
Cozier Canal Reserve
On the West: by the right bank of the
Pomeroon River
An area of land on the left bank of the Pomeroon River
bounded as follows:
On the North: by the northern boundary of the
parcel of land held under Grant
No. 3461 and its prolongation
westwards.
On the West: by the western boundary of
the parcel of land held under
Grant No. 666 and its prolonga-
tion northwards, and a straight
line N348° (tr.) approximately,
passing through the north-
western corner of the parcel of
land held under Grant No. 537.
On the South and East: by the left bank of
the Pomeroon River
An area of land on the left bank of the Pomeroon River
bounded as follows:
On the North: by the Atlantic Ocean and
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including the parcel of land
held under Grant No. 2041 at
the mouth of the Pomeroon
River
On the South: by the northern boundary of the
parcel of land held under Grant
No. 3461
On the East: by the left bank of the
Pomeroon River
On the West: by a line parallel to and about
4,500 feet inland from the left
bank of the Pomeroon River,
and including the parcels of
land held under Grants Nos.
4712 and 3969 on the Akawinni
River and Grants Nos. 3782,
3781 and 3163 on the Wakapau
River
____________________
LAND REGISTRY RULES
ARRANGEMENT OF RULES
RULES
1. Citation.
2. Interpretation.
3. Registrar's report on titles.
4. Particulars of land to be furnished to the Registrar.
5. Appointment and duties of surveyors.
6. Preliminary sketches and lists.
7. Notification of Commissioner's award.
8. The index map.
9. Blocks and zones
10. Plans other than recorded plans.
11. Application for mutation.
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R. 2/1960

Citation.

Interpretation.
RULE
12. Procedure on mutation.
13. Allotment of new parcel-numbers.
14. Transfer of small areas.
15. Form of register.
16. Form of memorials.
17. Provision as to instruments.
18. Endorsement of consent on agreement.
19. Presentation of an instrument to be accompanied by fees.
20. Instruments not to be taken out of land registry.
21. Registration of instrument.
22. Correction of instruments and further proof.
23. Refusal of registration.
24. Procedure on abandonment or refusal of registration.
25. Removal of folios from register.
26. Disposal of spent folios and instruments.
27. Checking of certificates of title.
28. Inspection of the register.
29. Stay of registration.
30. Claims by adverse possession.
____________________________
LAND REGISTRY RULES
made under section 159
1. These Rules may be cited as the Land Registry Rules.
2. In these Rules—
"area" means any area designated under section 17;

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Registrar’s
report on titles.
Particulars of
land to be
furnished to the
Registrar.
Appointment
and duties of
surveyors.
"mutation" means any alteration to the boundaries of a parcel
as shown on the index map;
"recorded plan" includes the index map
3. For the purpose of the report on titles required by
section 20, the Registrar of Deeds and the Commissioner of
Lands shall furnish to the Registrar particulars of all land in
the area which is—
(a) held under a registered title;
(b) held under a document of title;
(c) otherwise the property of the State;
(d) vested in any statutory authority; or
(e) affected by any instructions to pass a
transport, mortgage or lease or by
any writ, summation or other
process, that affects or is likely to
affect the title of any person to such
land.
4. The Registrar of Deeds and the Commissioner of
Lands shall from time to time furnish to the Registrar
particulars of such land in any area as may become affected
by any of the matters set out in paragraph (e) of the preceding
rule and thereupon the Registrar shall transmit the particulars
to the Commissioner. This Rule shall cease to apply after the
publication of the list referred to in section 31.
5. (1) The Commissioner of Lands shall at the request
of the Commissioner appoint a fit person hereinafter called
"the surveyor" to make a survey of the area.

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(2) Subject to any general or particular directions
issued by the Commissioner, the duties of the surveyor shall
be as follows:
(a) he shall see that the boundaries of
each separate plot of privately owned
land and of public roads, rights of
way, and reserves for communal and
other purposes within the area are
demarcated;
(b) he shall see that all unclaimed land is
demarcated on behalf of the State;
(c) he shall make or cause to be made a
sketch of the land demarcated as
aforesaid and shall see that each
separate plot of land is distinguished
on the sketch by a number, letter or
otherwise;
(d) he shall prepare a list showing in
respect of each and every plot of land
the name of the reputed owner or
owners, if any, and of any other
claimants thereto or to any mortgage,
charge, lease or lien thereon;
(e) if he becomes aware of any dispute as
to the ownership of any land or the
position of any boundary he shall
report to the Commissioner the
nature of the dispute and the names
of the parties thereto, so far as these
are known to him;
(f) in the list aforesaid he shall enter the
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Preliminary
sketches and
lists.

Notification of
Commissioner’s
award.

The index map.
State as the owner of all unclaimed
land.
6. (1) Sketches and lists prepared by the surveyor
shall be submitted to the Commissioner from time to time as
may be convenient.
(2) In preparing the sketches and lists the surveyor
shall, subject to the general direction of the Commissioner,
take into consideration the powers of the Commissioner
under section 25 (1) and shall, on submitting the sketches and
lists, make to the Commissioner such recommendations as
may to him seem fit.
7. (1) When the Commissioner has made an award in
respect of any parcel, he shall notify the surveyor accordingly
who shall thereupon make a survey of the boundaries of the
parcel.
(2) The Commissioner on making any award may
direct that the boundaries of any parcel as shown in the
sketch be altered in such manner as he may consider just, and
the surveyor shall alter the boundaries accordingly.
8. (1) When all the parcels in a block have been
surveyed the surveyor shall prepare an index map of the
block and file the same as a record with the Commissioner of
Lands.
(2) In preparing the index map the surveyor shall
allot definitive parcel-numbers to all parcels and shall notify
the Commissioner of the numbers allotted.
(3) Where in any land settlement scheme two or
more lots or areas of land together form a single holding and
are the subject of a single lease the terms of which provide
that the land comprised in the holding shall not be capable of
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Blocks and
zones.
sub-division or separation, then such lots or areas may be
treated as a single parcel.
(4) Every declaration or record or title made by the
Commissioner shall describe the land by reference to its
parcel-number.
(5) The index map shall be kept by the
Commissioner of Lands, and a copy thereof shall be kept in
the Land Registry.
(6) No alteration to the index map shall be made
except in accordance with the provisions of these Rules.
When any alteration to the index map is made, the copy kept
in the land registry shall be brought up to date by the
Commissioner of Lands.
9. (1) The Commissioner of Lands shall determine the
boundaries of blocks and the scales to be used in the
preparation of plans.
(2) Blocks shall not be laid out in a regular grid but
their boundaries shall be determined in relation to natural
features, artificial works or existing boundaries, so far as
these exist, and in other cases shall be drawn as may be
convenient.
(3) Blocks shall be grouped into zones, the limits of
which shall be determined by large-scale natural features or
administrative boundaries. Each zone shall be given a
distinctive name, but the names of estates or plantations shall
not be used as part of the name of any zone.
(4) The blocks in each zone shall be numbered
consecutively in as regular an order as circumstances permit.

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Plans other than
recorded plans.
Application for
mutation.

10. No registration shall be made under the proviso to
section 53 except in the case of-
(a) a lease for a period of less than
twenty-one years; or
(b) a dealing which affects an exact and
specified half or third or quarter of a
rectangular parcel which is itself
delineated on a recorded plan.
11. (1) The registered proprietor of any parcel may
apply to the Registrar for the parcel to be subdivided by
mutation and the registered proprietors of adjacent parcels
may apply to the Registrar for the boundary between their
parcels to be altered, or for their land to be reparcelled, by
mutation.
(2) Every application made as aforesaid shall be
accompanied by-
(a) a diagram on plan showing the
manner in which it is desired that the
parcel be subdivided or the boundary
altered or the land reparcelled; ,
(b) the approval of the subdivision,
alteration or reparcelling by any
authority whose approval may be
necessary; and
(c) a statement of the names and
addresses of the persons who are to
be present on the ground at the
survey.

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Procedure on
mutation.
12. (1) In any case-
(a) where the Registrar is satisfied that
there is no objection to any mutation
for which application has been made
under the last preceding rule; or
(b) where in accordance with any Act
any land becomes vested in the State
or in any person and the Registrar is
satisfied that it is necessary to make a
mutation of any parcel or parcels of
land in order to give effect to such
vesting,
the Registrar shall annotate upon the folio of each parcel
affected the words "Mutation No. pending" and shall send
to the Commissioner of Lands a requisition to alter the index
map.
(2) The Commissioner of Lands shall thereupon
cause to be made such surveys as may be necessary and shall
record the result thereof on the requisition. He may accept a
plan prepared by a sworn land surveyor, provided that the
plan shows all the boundaries of the parcel or parcels affected
by the mutation and is drawn on the same scale as the index
may on which such parcels are shown. He shall allot numbers
to all new parcels and shall enter the numbers and areas of
such parcels on the requisition and shall return it to the
Registrar together with a copy of the plan of the mutation.
(3) The Registrar shall thereupon register the
mutation by removing from the register the folios of all old
parcels and inserting folios for the new parcels and entering
thereon such memorials as may be necessary. He shall then
return the requisition to the Commissioner of Lands with a
statement that the mutation has been entered in the register
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Allotment of
new parcel-
numbers.

Transfer of
small areas.

Form of
register.
Form of
memorials.
and the Commissioner of Lands shall thereupon make the
necessary alterations to the index map and shall inform the
Registrar when this has been done.
13. In allotting numbers to new parcels the
Commissioner of Lands shall take up the next unused
numbers in the registration block. The numbers of the old
parcels shall go out of use and shall not be used again.
14. Where in the course of a mutation any land is
transferred from one parcel to another, the fact that the area
of land so transferred is smaller than the minimum area
permitted to be held as separate parcel shall not of itself be an
objection to the transfer.
15. The register of each parcel shall be a folio in the
form set out in the First Schedule. Folios shall be kept in loose
leaf binders in consecutive order or parcel numbers.
16. Memorials of registered interests shall be set out in
the manner following:
(A) Easements and Restrictive Covenants
Where the description of any easement or restrictive
covenant as set out in the instrument creating the same is so
short that it may conveniently be entered verbatim in the
folio, it may be so entered. In every other case the memorial
shall be in the form:
"the land enjoys the benefit (is subject to the burden)
of the easement (restrictive covenant) set out in
Instrument No..................... over (against, in favour of)
parcel No ". In no case shall the terms of any
easement or restrictive covenant be summarised.

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(B) Proprietorship
(a) A memorial of proprietorship shall
consist of the name and address of
the proprietor, together with the
number of the instrument under
which he acquired title, the date of
registration, and a statement of how
title was acquired;
(b) where upon first registration the title
registered is an absolute title, no
reference shall be made to the fact;
(c) where upon first registration the title
registered is a provisional title there
shall be written in red ink beneath the
name of the proprietor the words:
"Provisional title subject to the
qualification set out in Declaration
No……………";
(d) where any land held under a
provisional title is transferred or
transmitted, there shall be written in
red ink under the name of the new
proprietor the words: "Provisional
title as above";
(e) where any provisional title is
converted to an absolute title, all
reference to the provisional title shall
be struck out and a memorial of the
conversion shall be entered under
"Proprietorship" in the form:
"Converted to absolute title";

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Second
Schedule.
Provision as to
instruments.
Endorsement of
consent on
agreement.

Presentation of
an instrument
to be
accompanied by
(f) on an award of absolute title made
under section 49, all references to the
provisional title shall be struck out.
(C) Encumbrances
Memorials of encumbrances shall be in the forms set out
in the Second Schedule or (subject to the direction of the
Registrar) as near thereto as the circumstances of the case
permit.
17. (1) Every instrument presented for registration
shall be clearly written, typed or printed on good quality
foolscap paper. Alterations and interlineations shall be
avoided as far as possible, but if unavoidable, they shall be
initialled by the parties to the instrument.
(2) Where an instrument is executed in duplicate
the word "Original" shall be written on one copy and the
word "Duplicate" on the other. A duplicate instrument may
be a typewritten carbon copy of the original, but no carbon
copy shall be accepted for registration as an original.
(3) Where an instrument is executed in duplicate,
any endorsement required by the Act or by these Rules to be
made thereon shall also be made on the duplicate.
18. Where the consent or agreement of any person is
required before the registration of any instrument, that
consent or agreement shall if possible be endorsed on the
instrument itself. If not so endorsed, the consent or agreement
shall be filed and a note thereof shall be made by the
Registrar on the instrument.
19. No instrument shall be presented for registration
unless accompanied by the fees payable in respect thereof.

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fees.
Instruments not
to be taken out
of land registry.
Registration of
instrument.
Correction of
instruments and
further proof.

Refusal of
registration.
Procedure on
abandonment
or refusal of
20. No instrument once presented may thereafter be
taken out of the land registry except under the provisions of
rule 24. If under these Rules any error or omission in an
instrument is corrected, the correction will be made in the
land registry in the presence of the Registrar or of any officer
of the land registry authorised by him for the purpose.
21. An instrument that is found to be in order on
presentation shall Registration be registered and thereafter
shall not be withdrawn either by the presenter or by any
other person.
22. If any instrument presented is found not to be in
order by reason of any formal error or omission which, in the
opinion of the Registrar, does not affect the substance of the
dealing to be made and is capable of correction, or if the
Registrar requires further proof of any fact or matter set forth
in any instrument presented, the Registrar may cause to be
served on the presenter notice in writing requiring him to
correct the error or omission or to produce further proof in
such manner as the Registrar may prescribe. If the presenter
fails to comply with the requisition within fourteen days of
service the application for registration shall be treated as
abandoned:
Provided that the Registrar may for reasons which appear
to him sufficient enlarge the time during which any error or
omission may be corrected or further proof produced.
23. If any instrument presented is found not to be in
order for any reason other than those set out in rule 22,
registration shall be refused.
24. Where the Registrar treats any application as
abandoned or refuses to register any instrument presented,
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registration.
Removal of
folios from
register.
Disposal of
spent folios and
instruments.
Checking of
certificates of
title.

he shall cause notice thereof to be served on the parties to the
instrument. No requisition made under section 145 requiring
the Registrar to state the reasons for his decision shall be
accepted by the Registrar after the expiry of fourteen days
from the service of the notice. On the expiry of fourteen days
as aforesaid, or, in case an appeal is brought, on dismissal of
the appeal, the Registrar shall mark the instrument "treated as
abandoned" or "registration refused", as the case may be, and
shall return it together with all documents in support to the
person who would have benefited by the proposed dealing.
25. No folio shall be removed from the register except

(a) where a parcel has ceased to exist as
the result of a mutation; or
(b) where there is no space on a folio for
further entries;
in the latter case a new edition of the folio shall be prepared
containing only living entries.
26. Folios removed from the register and spent
instruments shall not be destroyed but shall be kept in the
land registry archives until their disposal is authorised by
rules made under the Act.
27. The holder of a certificate of title may present the
same to the Registrar for checking. Upon such presentation
the Registrar shall enter upon the certificate particulars of any
matters that may require entry thereon, and if there are no
such matters he shall enter the word "checked" together with
the time and date. No, fee shall be charged for checking a
certificate.

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Inspection of
the register.

Stay of
registration.
Claims by
adverse
possession.
r. 15
28. (1) Any person who applies to inspect the register
to inspect, and on payment of the prescribed fee the place
shall be found and the folio shown to him by an officer of the
land registry.
(2) No person other than an officer of the land
registry shall be entitled to inspect any of the records of the
land registry, except the registrar.
29. An order staying registration made by the
Registrar under section 142 shall cease to be of effect at the
expiry of fourteen days after the date of the order.
30. Any application, counter-application or notice of
objection made under section 107 in respect of any claim to
title possession shall be in the form set out in the Third
Schedule.
____________________
FIRST SCHEDULE
FORM OF REGISTER
A. PROPERTY
Zone Block Parcel
Origin of First registration.
Parcel Mutation No ……… Area:
Description of parcel
Easements and restrictive covenants –
shall specify the parcel-number of the folio that he wishes
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B. PROPRIETORSHIP
No.
Date of
Registration
Instrument
Number
Name and
Address of
Proprietor
How
Acquired

____________________
C. ENCUMBRANCES
No.
Date of
Registration
Instrument
Number Particulars

____________________
SECOND SCHEDULE
MEMORIALS OF ENCUMBRANCES
(1) MORTGAGES, CHARGES AND LIENS
(a) First (second etc.) mortgage to A.B.
for (dollars).
(b) Charge of (dollars per annum) in
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favour of A.B. for (term).
(c) Mortgage/charge No ..
(i) transferred to A.B.
(ii) transmitted to A.B.
(iii) terms and conditions varied.
(iv) amount increased/reduced to
(dollars).
(v) postponed to mortgage/charge
No .
(vi) discharged by
mortgagee/chargee.
(vii) discharged by Registrar.
(d) Certificate deposited with A.B. to
secure (dollars).
(2) LEASES
(a) Lease to A.B. for (term) at (dollars per
annum).
(b) Lease No ..
(i) transferred to A.B.
(ii) transmitted to A.B.
(iii) terms and conditions varied
(iv) extended/reduced to (new
term).
(v) surrendered by lessee.
(vi) determined by Registrar.
(3) JUDGMENTS AND WRITS
(a) Judgment for (dollars) in favour of
A.B.
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(b) Writ for (dollars) in favour of AB.
(c) Writ for (dollars) pursuant to
Judgment No .
(d) Judgment/Writ No.
(i) satisfied.
(ii) lapsed.
(iii) removed at request of creditor.
(4) LIMITATIONS
(a) Restriction: proceeds of dealing to
be paid to AB.
(b) Caveat: no dealing except after
notice to A.B.
(c) Caveat: all dealings subject to
the claim of AB.
(d) *Prohibition: no dealing except on
conditions prescribed
by Registrar dated .
(e) Stay: no dealing before
(date).
*If the wording of a prohibition is very brief, it may be set out verbatim, but in no
circumstances shall a prohibition be summarised.
____________________

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r. 30
THIRD SCHEDULE
FORM 1
APPLICATION FOR REGISTRATION OF TITLE BY
ADVERSE POSSESSION OF REGISTERED LAND
To the Commissioner of TitIe
through the Registrar of Lands.
I, E.F., hereby apply for the registration in my name of the
registered land amounting to (area in acres or square feet) or
thereabouts situate in (parcel-number) now registered in the
name of A.B.
I claim to have acquired title to the above land by adverse
possession, evidence of which is attached.
My address for service is (place).
Date. Signature of applicant
NOTE
This application should be accompanied by-
(a) a statutory declaration giving-
(i) a history of the possession and
occupation of the land, showing
how and when and by what
authority (if any) the claimant,
or any person through whom he
claims, first came into
possession of the land and how
the land has been possessed and
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occupied since that time;
(ii) the names of all persons now in
occupation of the land and, in
case the applicant himself is not
himself in occupation,
particulars of any right,
agreement or other
circumstance by virtue of which
the land is now occupied;
(iii) the names of all adjacent
landowners;
(iv) where the land appears in the
register to be subject to any
encumbrance, a statement
whether or not the claimant
admits such encumbrance, and
if he does not admit it, a
statement of his reasons
therefor.
(b) any documents or other evidence
relied on by the applicant in support
of his application;
(c) a plan of the land claimed;
(d) a numbered list of all documents and
plans submitted.
The documents and plans should themselves be numbered to
correspond with the list.
____________________

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FORM 2
COUNTER-APPLICATION FOR REGISTRATION OF
TITLE BY ADVERSE POSSESSION OF REGISTERED
LAND
The Commissioner of Title
through the Registrar of Lands.
I, C.D., hereby apply for the registration in my name of
the land (or part of the land) described in the application of
E.F. in Notice No.: (number) published in the Gazette on (date)
and situated in (parcel-number).
I claim to have acquired title to the land by adverse
possession, evidence of which is attached.
My address for service is (place).
Date. Signature of counter-applicant.
NOTE
This application should be accompanied by the same
enclosures as those prescribed in Form I.
____________________
FORM 3
OBJECTION TO APPLICATION FOR REGISTRATION OF
TITE BY ADVERSE POSSESSION
The Commissioner of Title
through the Registrar of Lands.
I, G.H., hereby object to the registration in the name of
LAWS OF GUYANA
146 Cap. 5:02 Land Registry
[Subsidiary] Land Registry Rules
E.F. of the land (or part of the land) described in the
application of the said E.F. in Notice No. (number) published
in the Gazette on (date) and situated in (parcel-number).
The grounds of my objection are set out in the attached
affidavit.
My address for service is (place).
Date. Signature of applicant
NOTE
This application should be accompanied by an affidavit
setting out the grounds of the objection.
____________________
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