National Land Code (Revised - 2020) · Updated to 15 Oct 2020 · Chapter 3 · Determination of fitness for registration
303. Limitations on Registrar’s powers
Feedback & supportThe powers of the Registrar under section 302 shall be subject to the following limitations:
Registrar
“Registrar” means— (a) in relation to land held or to be held under Registry title, or under the form of qualified title corresponding to Registry title, or under subsidiary title dependent on a Registry title, a Registrar of Titles or Deputy Registrar of Titles appointed under section 12; (b) in relation to land held or to be held under Land Office title, or under the form of qualified title corresponding thereto, or under subsidiary title dependent on a Land Office title, the Land Administrator;
he shall not be concerned to enquire whether any transfer of a lease, or grant or transfer of a sublease, constitutes a breach of any agreement against assignment or subletting;
in the case of any lease, sublease or surrender granted or accepted under section 275 by a chargee in possession of any land, he shall not be concerned to enquire whether the chargee was rightfully in possession;
he shall not enquire into the validity of any certificate of sale issued by an officer of the Court under subsection 259(3); and 310
certificate of sale
“certificate of sale” means any certificate issued to a purchaser under subsection 259(3) or 265(4), including either of those subsections as applied by subsection 281(3);
National Land Code 461
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;
in the case of any dealing effected by a person or body who is registered as trustee or representative, or by the
dealing
“dealing” means any transaction with respect to alienated land effected under the powers conferred by Division IV, and any like transaction effected under the provisions of any previous land law, but does not include any caveat or prohibitory order;
Director General of Insolvency in his capacity as such, he shall not be concerned to enquire whether the dealing is consistent with the trusts by which the land or interest in question is affected or contrary to any prohibition or limitation in the instrument creating the trusts.
Director General
“Director General” means the Director General of Lands and Mines referred to in section 6 and includes the Deputy Director General of Lands and Mines and an Assistant Director General of Lands and Mines;