National Land Code (Revised - 2020) · Updated to 15 Oct 2020 · Chapter 4 · Manner of registration
Section 304
Feedback & supportThe 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.
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;
The Registrar shall register any instrument by—
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
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.
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.
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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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.
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;
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.