National Land Code (Revised - 2020) · Updated to 15 Oct 2020 · Chapter 4 · Conversion of qualified title into final title
213. Special provisions with respect to tenancies exempt from registration
Feedback & supportIn this Act, “tenancy exempt from registration” means—
tenancy exempt from registration
“tenancy exempt from registration” has the meaning assigned thereto by subsection 213(1);
any tenancy or subtenancy for a term not exceeding three years granted pursuant to section 223; and
any tenancy or subtenancy for a term not exceeding one year granted pursuant to the provisions of any previous land law.
As provided in subsection 206(2), the provisions of subsection (1) of that section shall not apply to the creation of, or dealings affecting, tenancies exempt from registration; and accordingly—
any such transaction shall be valid whether effected in writing or by word of mouth only;
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where any such transaction is effected in writing, the instrument in question need not comply with the requirements of sections 207 to 212, and shall neither require, nor be capable of, registration under this Act.
Notwithstanding subsection (2), no tenancy exempt from registration granted after the commencement of this Act shall be binding on—
any person or body to whom the grantor subsequently transfers the reversion expectant thereon, or to whom he subsequently grants any lease, sublease, tenancy or charge, or in whose favour any lien over that reversion is subsequently created; or
any person or body claiming through or under such a person or body, unless, prior to the date on which the dealing referred to in paragraph (a) takes effect, the tenancy has become protected by an endorsement on the register document of title to the land pursuant to Chapter 7 of Part Eighteen.
Where any land or lease subject to a charge or lien is transferred pursuant to an order for sale under Chapter 3 of Part
land
“land” includes— (a) that surface of the earth and all substances forming that surface; (b) the earth below the surface and all substances therein; (c) all vegetation and other natural products, whether or not requiring the periodical application of labour to their production, and whether on or below the surface; (d) all things attached to the earth or permanently fastened to anything attached to the earth, whether on or below the surface; and (e) land covered by water;
Sixteen, the provisions of subsection (3) shall have effect as supplemented by subsection 267(2) or, as the case may be, by that subsection as applied by subsection 281(3).
No tenancy exempt from registration shall be capable of being charged under this Act.
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Part Fourteen—TRANSFERS
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