Section 313
Cancellation of leases and subleases on determination otherwise than by surrender
of National Land Code (Revised - 2020)
(1)
The Registrar may cancel in accordance with the following provisions of this section the memorial of registration of any lease or sublease which has been determined by:
(a)
the expiry of the term thereof;
318
Act 828
(b)
the giving of notice thereunder;
(c)
the happening of any other event upon which it is expressed to determine; or
(d)
its forfeiture pursuant to Chapter 3 of Part Fifteen.
(2)
The Registrar may, in a case falling within paragraph (1)(a), cancel the memorial of his own motion, but shall not in any other case exercise his powers under this section except upon an application in that behalf by the proprietor of the land formerly affected by the lease or, as the case may be, the person or body for the time being entitled to the interest out of which the sublease was granted.
(3)
Any application under this section—
(a)
shall be in Form 18a;
(b)
shall be accompanied by the document containing the copy of the memorial of registration or, where not so accompanied, by a statement of the reason therefor; and
(c)
shall be supported, except in a case falling within paragraph (1)(a), by such evidence of the determination as the Registrar may require.
(4)
On cancelling any memorial of registration pursuant to this section, the Registrar shall—
(a)
endorse against it a note of the date of the cancellation and the reason therefor; and
(b)
cancel also, and endorse a like note on, the original lease or sublease.
(5)
The Registrar shall also, wherever possible, cancel, and make the like endorsements with respect to, the copy memorial of registration and the duplicate lease or sublease, and shall 319
National Land Code 471
accordingly, as soon as may be after complying with subsection (4), take such action as may be appropriate for securing the production of the said duplicate and, if not already in his hands, the document containing the said copy memorial.
(6)
Every endorsement made under subsection (4) or (5) shall be signed and sealed.