Section 336
Effect of prohibitory orders
of National Land Code (Revised - 2020)
(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.