Section 119
Instrument not effectual until entry in Register
⎯(1) No instrument shall be effectual to pass any land or any interest therein, or render any land liable as security for the payment of money, until it has been registered in accordance with this
Part.
(2)
No court of competent jurisdiction shall recognise, assist, enforce or protect, as against a registered proprietor or a person claiming through or under a registered proprietor, any claim to the possession, enjoyment or occupation of any land, or any interest affecting land, which is founded upon or arises from any instrument which by reason of subsection (1) is not effectual:
Provided that nothing in this subsection shall operate to defeat a claim to damages or for specific performance founded upon, or arising from, such an instrument.
(3)
An instrument which, by virtue of this section, is ineffectual shall be treated as ineffectual by every court of competent jurisdiction until it has been registered in accordance with this Code, notwithstanding the existence of a right to specific performance.
(4)
The deposit with any person, by way of security for the payment of money, of any document affecting or relating to land may operate as an agreement to create a charge, but shall not give rise to any claim to enforcement as a charge, unless and until a charge relating to the same transaction has been executed and registered on the Register.
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