National Land Code (Revised - 2020) · Updated to 15 Oct 2020 · Chapter 7 · Endorsement of exempt tenancies
317. Procedure on application
Feedback & supportOn receiving any application under section 316, the
Registrar shall—
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;
note thereon the time at which it was received;
make a note of the application, and the time of its receipt, in the Presentation Book; and
subject to subsections (2) and (3) and Part Nineteen, give effect thereto by endorsing the register document of title with the words “Exempt tenancy claimed”, together with a statement of the time from which the endorsement is effective (being the time of receipt of the application, as noted in the Presentation Book)
and of the reference under which the application is to be filed.
The Registrar shall not deal with any such application until he has finally disposed of every instrument of dealing or like application presented or received prior thereto and relating to the same register document of title.
dealing
“dealing” means any transaction with respect to alienated land effected under the powers conferred by Division IV, and any like transaction effected under the provisions of any previous land law, but does not include any caveat or prohibitory order;
The Registrar shall reject to any such application if—
by virtue of subsection 213(3) or 267(2) (including the said subsection (2) as applied by subsection 281(3))
the tenancy claimed has already been defeated by the registration of a transfer of, or certificate of sale relating to, the reversion expectant thereon; or
the applicant is unable to produce any chargee’s consent necessary as mentioned in paragraph 316(2)(b).
On rejecting any such application, the Registrar shall return it to the applicant and note the rejection in the Presentation
Book.
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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;
The Registrar shall not, except as provided by subsection (3), be concerned to enquire into the validity of any claim to the benefit of a tenancy exempt from registration, and the endorsement of any such claim pursuant to this section shall not be taken as confirming its validity in any respect.
tenancy exempt from registration
“tenancy exempt from registration” has the meaning assigned thereto by subsection 213(1);
Every endorsement made under paragraph (1)(c) shall be signed and sealed.