Section 38 of Land Registration Act 2012: Certificates of payment of rates
(1) The Registrar shall not register any instrument purporting to transfer or to vest any land, a lease of land, situated within the area of a rating authority unless, a written statement, by the relevant government agency, certifying that all outstanding rates and other charges payable to the agency in respect of the land including rates and charges for the last twelve months and up to the date of request for transfer have been paid there is produced to the Registrar.
(2) No statement shall be required under subsection (1) if the instrument relates to—
(a) land which is subject to a lease, and the leasehold interest is, by virtue of any written law, the rateable property; or
(b) a lease, and the land or another leasehold interest is, by virtue of any written law, the rateable property.
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- Section 39 - Certificates as to payment of rent
(1) The Registrar shall not register an instrument purporting to transfer or create an interest in land, unless a certificate is produced with the instrument, certifying that no rent is owing to the...
- Section 40 - Transfer to take effect immediately
A transfer shall not be expressed to take effect on the happening of any event or on the fulfillment of any condition or at any future time.
- Section 41 - Conditions repugnant to interest transferred
(1) A condition or limitation is void if it purports to—
(a) restrain absolutely a transferee or any other person from disposing of the interest transferred; or
(b) determine the interest of the...
- Section 42 - Transfer of part
No part of the land comprised in a register shall be transferred unless the proprietor has first subdivided the land and duly registered each new subdivision.
- Section 43 - Instruments of dispositions
(1) Every instrument effecting a disposition of land under this Act shall be in the form prescribed in relation to that disposition under this Act or any other written law.
(2) No instrument...
- Section 44 - Executions of instruments in writing
(1) Except as otherwise provided in this Act, every instrument effecting any disposition under this Act shall be executed by each of the parties consenting to it, in accordance with the provisions of...
- Section 45 - Verification of execution
(1) Subject to subsection (3), a person executing an instrument shall—
(a) appear before the Registrar, public officer or other person as is prescribed; and
(b) be accompanied by a credible witness...
- Section 46 - Stamping
An instrument required by law to be stamped shall not be accepted for registration unless it is stamped in accordance with the Stamp Duty Act, Cap. 480.
- Section 47 - Minors
(1) The name of a person under the age of eighteen years may be entered in the register to enable the minor’s interest to be held in trust and shall be registered under the name of the guardian either...
- Section 48 - Agents and persons under disability
(1) Except as provided in subsection (3), no instrument executed by any person as agent for any other person shall be accepted by the Registrar unless the person executing it was authorized in that...
- Section 49 - Gift to person under incapacity
A person with a legal incapacity who has been registered as a proprietor of land, a lease or a charge acquired by way of gift may, repudiate the gift within six months after the person ceases to be...
- Section 50 - Court orders on prejudicial dispositions
The court may order that any interest in private land acquired or received under or through certain prejudicial dispositions of those interests in private land made by a debtor, or the value of those...
- Section 51 - Prejudicial dispositions
(1) A disposition under this Act shall be deemed to prejudice a creditor if—
(a) the person making the disposition is unable to pay all their debts without recourse to that private land or any...
- Section 52 - Dispositions to prejudice creditors may be set aside
(1) A creditor, public officer, national or county government or public entity charged with the responsibility for collection of money owing by any person to the national or county government or any...
- Section 53 - Protection of person receiving land
(1) If a person acquires or receives land in respect of which the court could make an order for restoration or for the payment of reasonable compensation, the court shall not make that order against...
- Section 54 - Registration of Leases
(1) Upon the registration of a lease containing an agreement, express or implied, by the lessee that the lessee shall not transfer, sublet, charge or part with possession of any of the leased land...
- Section 55 - Lessor’s consent to dealing with leases
If a lease contains a condition, express or implied, by the lessee that the lessee shall not transfer, sub-let, charge or charge or part with the possession of the land leased or any part of it...
- Section 56 - Form and effect of Charges
(1) A proprietor may by an instrument, in the prescribed form, charge any land or lease to secure the payment of an existing, future or a contingent debt, other money or money’s worth, or the...
- Section 57 - Second and subsequent charge
(1) A proprietor whose land or lease is subject to a charge may create a second or subsequent charge in the same manner as the first charge and the same provisions shall apply, but any sale under the...
- Section 58 - Statutory charge
Nothing in this Part shall affect the provisions of any Act that provides for the registration of a notification or note in respect of any sum of money owing to a public body.
- Section 59 - Lender’s consent to transfer
If a charge contains a condition, express or implied by the borrower that the borrower will not, without the consent of the lender, transfer, assign or lease the land or in the case of a lease,...
- Section 60 - Transmission on death of joint proprietor
If any of the joint tenants of any land, lease or charge dies, the Registrar shall, upon proof of the death, delete the name of the deceased tenant from the register by registering the death...
- Section 61 - Transmission on death of a sole proprietor or proprietor in common
(1) If a sole proprietor or a proprietor in common dies, the proprietor’s personal representative shall, on application to the Registrar in the prescribed form and on the production to the Registrar...
- Section 62 - Effect of transmission on death
(1) Subject to any restriction on a person’s power of disposing of any land, lease or charge contained in an appointment, the personal representative or the person beneficially entitled on the death...
- Section 63 - Transmission on bankruptcy
(1) Upon production to the Registrar of a certified copy of the order of court adjudging a proprietor bankrupt, or directing that the estate of a deceased proprietor be administered according to the...
- Section 64 - Liquidation
(1) If a company is being wound up, the liquidator shall—
(a) produce to the Registrar any resolution or order appointing the liquidator; and
(b) satisfy the Registrar that the person has complied...
- Section 65 - Transmission in other cases
If a person has become entitled to any land, a lease or charge under any law or by virtue of any order or certificate of sale made or issued under any law, the Registrar shall, on the application of...
- Section 66 - Trusts not to be entered
(1) A person acquiring land, a lease or a charge in a fiduciary capacity may be described in that capacity in the instrument of acquisition and be registered with the addition of the words “as...
- Section 67 - Survivor of trustees
Whenever two or more proprietors are registered jointly as trustees, and the survivor of such proprietors would not be entitled to exercise individually the powers that were vested in them, the...
- Section 68 - Power of the court to inhibit registered dealings
(1) The court may make an order (hereinafter referred to as an inhibition) inhibiting for a particular time, or until the occurrence of a particular event, or generally until a further order, the...
- Section 69 - Effect of inhibition
So long as an inhibition remains registered, any instrument that is inconsistent with the inhibition shall not be registered.
- Section 70 - Cancellation of inhibition
The registration of an inhibition shall not be cancelled except in the following cases—
(a) on the expiration of the time stated in the inhibition;
(b) on proof to the satisfaction of the Registrar...
- Section 71 - Lodging of cautions
(1) A person who—
(a) claims the right, whether contractual or otherwise, to obtain an interest in any land, lease or charge, capable of creation by an instrument registrable under this Act;
(b) is...
- Section 72 - Notice and effect of caution
(1) The Registrar shall give notice, in writing, of a caution to the proprietor whose land, lease or charge is affected by the caution.
(2) A disposition that is inconsistent with the caution shall...
- Section 73 - Withdrawal and removal of caution
(1) A caution may be withdrawn by the cautioner or removed by order of the court or, subject to subsection (2), by order of the Registrar.
(2) The Registrar, on the application of any person...
- Section 74 - Second caution in respect of the same matter
The Registrar may refuse to accept a further caution by the same person or anyone on behalf of that person in relation to the same matter as a previous caution.
- Section 75 - Wrongful cautions
Any person who lodges or maintains a caution wrongfully and without reasonable cause shall be liable, in an action for damages at the suit of any person who has sustained damage, to pay compensation...
- Section 76 - Restrictions
1) Forthe prevention of any fraud or improper dealing or for any other sufficient cause, the Registrar may, either with or without the application of any person interested in the land, lease or...
- Section 77 - Notice and effect of restriction
(1) The Registrar shall give notice, in writing, of a restriction to the proprietor affected by the restriction.
(2) An instrument that is inconsistent with it shall not be registered while the...
- Section 78 - Removal and variation of restrictions
(1) The Registrar may, at anytime and on application by any person interested or at the Registrar’s own motion, and after giving the parties affected by the restriction an opportunity of being heard,...
- Section 79 - Rectification by Registrar
(1) The Registrar may rectify the register or any instrument presented for registration in the following cases—
(a) in formal matters and in the case of errors or omissions not materially affecting...
- Section 80 - Rectification by order of Court
(1) Subject to subsection (2), the court may order the rectification of the register by directing that any registration be cancelled or amended if it is satisfied that any registration was obtained,...
- Section 81 - Right to indemnity
(1) Subject to the provisions of this Act and of any written law relating to the limitation of actions, any person suffering damage by reason of—
(a) any rectification of the register under this Act;...
- Section 82 - Amount of indemnity
An indemnity awarded in respect of the loss of any interest in land, shall not exceed—
(a) the value of the interest at the time when the mistake or omission which caused the damage was made, if the...
- Section 83 - Procedure for claiming indemnity
The Court may, on the application of any interested party, may determine whether a right of indemnity has arisen under this Part and, award indemnity, and may add any costs and expenses properly...
- Section 84 - Recovery of indemnity paid
If any funds are paid by way of indemnity under this Part, the Cabinet Secretary shall be entitled to recover by suit or otherwise the amount so paid from any person who has caused or substantially...
- Section 85 - Errors in survey
(1) A claim to indemnity shall not arise between the national or county government and a proprietor, and no suit shall be maintained on account of any surplus or deficiency in the area or measurement...
- Section 86 - Review of the decision of the Registrar
(1) If any question arises with regard to the exercise of any power or the performance of any duty conferred or imposed on the Registrar by this Act, the Registrar or any aggrieved person shall state...
- Section 87 - Meaning of ‘opportunity of being heard’
(1) If this Act requires that a person be given an opportunity to be heard before a particular thing is to be, or may be done, that person shall be deemed to have been given such an...
- Section 88 - Prescribed fees
(1) The prescribed fees shall be payable in respect of a certificate of title, certificate of lease, searches, survey plans, printed forms and all other matters connected with registration, and the...