National Land Code (Revised - 2020) · Updated to 15 Oct 2020 · Chapter 6 · Cancellation of registration
313. Cancellation of leases and subleases on determination otherwise than by surrender
Feedback & supportThe 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:
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 expiry of the term thereof;
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the giving of notice thereunder;
the happening of any other event upon which it is expressed to determine; or
its forfeiture pursuant to Chapter 3 of Part Fifteen.
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.
proprietor
“proprietor” means any person or body for the time being registered as the proprietor of any alienated land;
Any application under this section—
shall be in Form 18a;
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
shall be supported, except in a case falling within paragraph (1)(a), by such evidence of the determination as the Registrar may require.
On cancelling any memorial of registration pursuant to this section, the Registrar shall—
endorse against it a note of the date of the cancellation and the reason therefor; and
cancel also, and endorse a like note on, the original lease or sublease.
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
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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;
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.
Every endorsement made under subsection (4) or (5) shall be signed and sealed.