Section 314
Cancellation of charges discharged by payment
of National Land Code (Revised - 2020)
(1)
The Registrar—
(a)
shall cancel in accordance with the following provisions of this section the memorial of registration of any charge which has been discharged by payment to him under section 279; and
(b)
may, on the application of any proprietor, lessee or sublessee, cancel in accordance with those provisions the memorial of registration of any charge alleged therein to have been discharged by payment to the chargee.
(2)
Any application under paragraph (1)(b)—
(a)
shall be in Form 18b;
(b)
shall be accompanied by the document containing the copy of the memorial or, where not so accompanied, by a statement of the reason therefor; and
(c)
shall either be accompanied by a certificate of payment in Form 18c or be supported by such evidence as the
Registrar may require to satisfy himself that all sums secured by the charge have been duly paid.
(3)
On cancelling any memorial of registration pursuant to this section, the Registrar shall endorse against it, and on the original charge, a statement that the land or interest to which the charge relates has been discharged by payment.
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Act 828
(4)
The Registrar shall also, wherever possible, cancel the copy memorial of registration, and make the like endorsements against it and on the duplicate charge, and shall accordingly, as soon as may be after complying with subsection (3), 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.
(5)
The cancelling of any memorial pursuant to this section shall not affect any personal liability of the chargor under the charge in question.
(6)
All endorsements made under this section shall be signed, sealed and dated.