Section 317
Procedure on application
of National Land Code (Revised - 2020)
(1)
On receiving any application under section 316, the
Registrar shall—
(a)
note thereon the time at which it was received;
(b)
make a note of the application, and the time of its receipt, in the Presentation Book; and
(c)
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.
(2)
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.
(3)
The Registrar shall reject to any such application if—
(a)
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
(b)
the applicant is unable to produce any chargee’s consent necessary as mentioned in paragraph 316(2)(b).
(4)
On rejecting any such application, the Registrar shall return it to the applicant and note the rejection in the Presentation
Book.
324
National Land Code 477
(5)
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.
(6)
Every endorsement made under paragraph (1)(c) shall be signed and sealed.