Section 305
Other action by Registrar in connection with registration
of National Land Code (Revised - 2020)
(1)
Subject to subsection (3), the Registrar shall, on completing the registration of any instrument in accordance with section 304—
(a)
file the instrument;
(b)
make a copy of the memorial of registration on the document or documents specified in section 306 in relation to instruments of the class in question;
(c)
cancel—
(i)
any memorial relating to a dealing which, by virtue of the registration, has ceased to be effective;
and
(ii)
if he is able to secure its production, any copy of the memorial on the document or documents referred to in paragraph (b);
(ca) record the total amount of undivided shares of a co-proprietor;
(d)
if the instrument is one to which the provisions of section 307 apply, make any additional endorsements or other entries required by those provisions; and 312
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(e)
return to the person or body from whom it was obtained every issue document of title and duplicate lease, sublease or charge presented or produced in connection with the registration.
(2)
The Registrar shall sign and seal every copy memorial and endorsement made by him pursuant to paragraph (1)(b) or (d).
(2a)
For the purposes of paragraph (1)(e), the Registrar shall inform the person or body from whom the document was obtained to collect the document.
(2b)
Where any document of title and duplicate lease, sublease or charge presented or produced in connection with the registration is not collected by the person or body from whom it was obtained upon being informed under subsection (2a) within the prescribed time, the release of such document thereafter shall be upon payment of such fees, as may be prescribed.
(2c)
For the purposes of paragraph (1)(d), such action in respect of land held under land office title registered by virtue of paragraph 166(1)(j) or section 187aa and the documents of which were kept by the former district shall be made by the Registrar in respect of the former district.
(2d)
For the purposes of subsection (2c), “former district”
refers to the district where the documents were first registered.
(3)
Where, under section 299, the Registrar has dispensed with the production of any document with respect to which any action is required to be taken by subsection (1), he may take that action at any subsequent time when the document in question may come into his hands.
Documents on which copy memorials to be made pursuant to section 305 306.
The document or documents on which a copy of any memorial of registration is to be made pursuant to paragraph 305(1)(b)
shall be as follows:
(a)
in the case of—
(i)
a transfer of any land or undivided share therein;
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(ii)
any lease or surrender of a lease;
(iii)
any charge of land or discharge of such a charge;
and
(iv)
a certificate of sale of any land, the issue document of title to the land in question;
(b)
in the case of a grant or release of any easement, the issue documents of title to both the dominant land and the servient land;
(c)
in the case of any of the following dealings, the appropriate duplicate instrument or instruments, that is to say:
(i)
in the case of a transfer or charge of any lease, a discharge of such a charge, or a certificate of sale of any lease, the duplicate lease;
(ii)
in the case of any sublease or surrender thereof, the duplicate of the superior lease or sublease;
(iii)
in the case of a transfer or charge of any sublease, a discharge of such a charge, or a certificate of sale of any sublease, the duplicate sublease; and
(iv)
in the case of a transfer of any charge, or its postponement to any other charge, the duplicate charge or, as the case may be, charges; and
(d)
in the case of a charge of an undivided share in land effected by virtue of subsection 343(6), or a discharge of such charge, the copy of the issue document of title issued to the co-proprietor under subsection 343(3)
(in addition to the issue document of title to the land in question under paragraph (a)).
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