Section 72 of Land Registration Act 2012: 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 not be registered while the caution is still registered except with the consent of the cautioner or by the order of the court.
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- 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(1) A caution may be withdrawn by the cautioner or removed by order of the court or, subject to subsection (2), by order of the Registrar.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...
- Section 89 - Recovery of fees and expenses
Unpaid fees or expenses incurred by the Registrar shall constitute a debt due and shall be a civil debt recoverable summarily.
- Section 90 - Summary recovery
An order for the payment of a sum of money made by the Registrar under any power conferred by this Act shall be deemed to be a decree of the High Court and shall be enforceable as such.
- Section 91 - Meaning and incidents of co- tenancies
(1) In this Act, co-tenancy means the ownership of land by two or more persons in undivided shares and includes joint tenancy or tenancy in common.
(2) Except as otherwise provided in this Act, if...
- Section 92 - Certificate of ownership of co- tenants
1) Each co-tenant of land shall be entitled to receive a copy of the certificate of title of that land.
(2) The Registrar, on application by co-tenant in the prescribed form, shall issue a copy of...
- Section 93 - Co-ownership and other relationships between spouses
(1) Subject to the law on matrimonial property, if a spouse obtains land for the co-ownership and use of both spouses or, all the spouses—
(a) there shall be a presumption that the spouses shall...
- Section 94 - Partition
(1) Any of the tenants in common may, with the consent of all the tenants in common, make an application, in the prescribed form, to the Registrar for the partition of land occupied in common and...
- Section 95 - Ancillary powers of Registrar in connection with partition
(1) If the land sought to be partitioned is capable of being partitioned generally, and the tenants in common have agreed on the partition, but the resultant share of any particular tenant would be...
- Section 96 - Sale of co-owned land
(1) If for any reason the land sought to be partitioned is incapable of being partitioned, or the partition would adversely affect the proper use of the land, and the applicant for partition or one or...
- Section 97 - Partition subject to lender’s consent
(1) If any undivided share in land or a lease held by tenants in common is subject to a charge, a partition of that land or lease shall not be registered by the Registrar unless the lender’s written...
- Section 98 - Creation of easement
1) An owner of land or a lessor may, by an instrument in the prescribed form, grant an easement over the land, lease or a part of that land to the owner of another parcel of land or a lessee for the...
- Section 99 - Cancellation and extinguishment of easements and analogous rights
(1) Subject to subsection (3), an easement granted or an analogous right created under this Part may be cancelled by the person occupying the dominant land.
(2) Any cancellation pursuant to...
- Section 100 - Enjoyment of easement and analogous rights
(1) The benefit of an easement, or an analogous right granted under this Part shall be enjoyed, during the term of its existence, by the owner of the dominant land, any successors in title and...
- Section 101 - Jurisdiction of court
The Environment and Land Court established by the Environment and Land Court Act, 2011 No. 19 of 2011 has jurisdiction to hear and determine disputes, actions and proceedings concerning land under...
- Section 102 - Fees
(1) The Cabinet Secretary may prescribe the rates of fees payable for any matters in respect of which, by this Act, prescribed fees are required to be paid by any person and shall keep such fees under...
- Section 103 - Offences
(1) A person who—
(a) knowingly makes a false statement, orally or in writing, in connection with a disposition or other transaction affecting land or any other matter arising under this Act,...
- Section 104 - Saving registers under repealed laws
(1) A register maintained under any of the repealed Acts shall, on the commencement of this Act, be deemed to be the land register for the corresponding registration unit established under this...
- Section 105 - Transiting title documents
(1) On the effective date, the following provisions shall apply in respect of every parcel of land, the title to land which is already registered under the repealed Acts—
(a) if the title to a parcel...
- Section 106 - Transitional provisions on rights, liabilities and remedies of parties over land
(1) On the effective date, the repealed Acts shall cease to apply to a parcel of land to which this Act applies.
(2) Nothing in this Act shall affect the rights, liabilities and remedies of the...
- Section 107 - Savings and transitional provisions with respect to rights, actions, dispositions
(1) Unless the contrary is specifically provided for in this Act, any right, interest, title, power, or obligation acquired, accrued, established, coming into force or exercisable before the...
- Section 108 - Saving and transitional provisions with respect to rules, orders, regulations, directions, notices forms, notifications orders e.t.c.
Until the Cabinet Secretary makes the regulations contemplated under section 110, any rules, or other administrative acts made, given, issued or undertaken before the commencement of this Act under...
- Section 109 - Repeals
The written laws set out in the Schedule are repealed.
- Section 110 - Regulations
1) The Cabinet Secretary shall make regulations prescribing anything which may be prescribed under this Act generally and for the better carrying into effect the purposes and provisions of this Act...