In forceUpdated to 15 Oct 2020

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National Land Code (Revised - 2020) · Updated to 15 Oct 2020 · Chapter 2 · Prohibitory orders

336. Effect of prohibitory orders

(1)

The effect of any prohibitory order duly entered on any register document of title and expressed to relate to the land itself shall, subject to subsection (3) and to subsection 337(2), be to prohibit so long as it continues in force the registration, endorsement or entry thereon of—

(a)

any instrument of dealing executed by or on behalf of the proprietor thereof (but not any certificate of sale relating thereto);

(b)

any claim to the benefit of any tenancy exempt from registration granted by the said proprietor; and

(c)

any lienholder’s caveat in respect thereof.

(2)

The effect of any such order duly entered as aforesaid and expressed to relate to a particular interest only shall, subject to subsection (3) and to subsection 337(2), be to prohibit so long as it continues in force the registration, endorsement or entry on the register document of—

(a)

any instrument of dealing, other than a certificate of sale, directly affecting that interest; and

(b)

where that interest is a lease or sublease—

(i)

any claim to the benefit of any tenancy exempt from registration granted directly thereout, and

(ii)

any lienholder’s caveat in respect thereof.

(3)

A prohibitory order shall not prohibit the registration, endorsement or entry of any instrument, claim or lienholder’s caveat where the instrument was presented, or the application for endorsement or entry received, prior to the time from which the order takes effect.

(4)

Where the registration of any instrument, or the endorsement or entry of any claim or lienholder’s caveat, is prohibited by any prohibitory order, the Registrar shall reject the instrument or, as the case may be, the application for endorsement or entry.

342

National Land Code 501

(5)

On rejecting any instrument or application for endorsement pursuant to this section, the Registrar shall take the like steps as if he had rejected it pursuant to section 298 or 317.

Terms defined in s 5

caveat
Defined · s 5
“caveat” means a registered caveat;
Open s 5
certificate of sale
Defined · s 5
“certificate of sale” means any certificate issued to a purchaser under subsection 259(3) or 265(4), including either of those subsections as applied by subsection 281(3);
Open s 5
dealing
Defined · s 5
“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;
Open s 5
entry
Defined · s 5
“entry”, in relation to any document of title, includes any endorsement, memorial, note or other entry thereon, and any plan attached thereto;
Open s 5
land
Defined · s 5
“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;
Open s 5
lease
Defined · s 5
“lease” means a registered lease or sublease of alienated land;
Open s 5
prohibitory order
Defined · s 5
“prohibitory order” has the meaning assigned thereto by section 334;
Open s 5
proprietor
Defined · s 5
“proprietor” means any person or body for the time being registered as the proprietor of any alienated land;
Open s 5
register document of title
Defined · s 5
“register document of title” means any document registered, or prepared for registration, under this Act and evidencing or, as the case may be, intended to evidence title to land, and any document evidencing title to land registered before the commencement of this Act under the provisions of any previous land law;
Open s 5
Registrar
Defined · s 5
“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;
Open s 5
sublease
Defined · s 5
“sublease” means a registered sublease of any alienated land;
Open s 5
tenancy exempt from registration
Defined · s 5
“tenancy exempt from registration” has the meaning assigned thereto by subsection 213(1);
Open s 5

Report

Read on from s 337

Chapter 1

Co-proprietorship

Read on from Chapter 1

Chapter 2

Trusts

Read on from Chapter 2