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Section 304

How instruments to be registered, and time from which registration effective

of National Land Code (Revised - 2020)

ActIn forceProvision 289 of 391
Section 304

(1)

The registration of any instrument under this Part shall be effected by the Registrar in accordance with the following provisions of this section, and the time and date thereof shall be taken for all the purposes of this Act as the time and date of its presentation under Chapter 1.

(2)

The Registrar shall register any instrument by—

(a)

making on the register document of title to the land to which, or a share or interest in which, it relates a memorial under his hand and seal in the terms set out in subsection (3); and

(b)

on the instrument itself, completing under his hand and seal that part of the Heading included therein pursuant to subsection 207(2) which is shown as reserved for

Registry use.

(3)

The memorial required by paragraph (2)(a) shall consist of a short description of the nature and effect of the instrument

(naming the parties thereto), together with a statement of its number in the Presentation Book, the reference under which it is to be filed, and the time and date from which the registration is effective.

(4)

Every memorial of registration made pursuant to this section shall be conclusive evidence of the registration to which it refers and the effective time and date thereof.

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Act 828

(5)

The reference in paragraph (2)(a) to the land to which any instrument relates shall, in the case of an instrument granting or releasing any easement, be construed as a reference to both the dominant land and the servient land.

(6)

Where, on the registration of any instrument transferring a lease, or granting or transferring a sublease, evidence is furnished to him that the lessor or, as the case may be, sublessor has consented thereto, the Registrar may include a statement to that effect in the memorial of registration.