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VOLUME: V
DEEDS REGISTRY
CHAPTER: 33:02
Part:IV Townships and Settlements (ss 46-47)

 

46.     Requirements in the case of subdivision of land

 

            (1) If land has been subdivided into pieces of land shown on a general plan, the owner of the land subdivided shall furnish a copy of the general plan to the Registrar, who shall, subject to compliance with the requirements of this section and of any other law, register the plan and open a register, or if the land forms part of an allotment area open new sections of the register for that allotment area in which all registrable transactions affecting the respective pieces of land shown on the plan shall be registered.

            (2) For the purposes of registration of such a general plan the title deed of the land which has been subdivided shall be produced to the Registrar together with the diagram thereof and any mortgage bond endorsed on the title deed and the mortgagee's consent to the endorsement of such bond to the effect that it attaches to the land described in the plan.

            (3) If the land subdivided as shown on the general plan forms the whole of any registered piece of land held by the title deed, the Registrar shall make upon the title deed and the registry duplicate thereof an endorsement in the prescribed form indicating that the land has been laid out as a township or settlement, as the case may be, in accordance with the plan, and that the pieces of land shown on the plan are to be registered in the relative register.

            (4) If the land subdivided as shown on the general plan forms a portion only of any registered piece of land held by the title deed the Registrar shall, on written application by the owner of the land, issue a certificate of township or settlement title in his favour in respect of the said portion as nearly as practicable in the prescribed form and in accordance with a diagram thereof.

            (5) If the land subdivided as shown on the general plan comprises the whole or portions of two or more registered pieces of land, the Registrar may require the owner to obtain a certificate of consolidated title of the land so subdivided.

            (6) The Registrar shall make on such certificate the endorsement mentioned in subsection (3).

            (7) The provisions of section 41 and of section 38(3) to (8), inclusive, shall respectively and mutatis mutandis apply in respect of the certificates of township or settlement title mentioned in subsection (4), and the certificates of consolidated title mentioned in subsection (5).

 

47.     Transfer of township or portion thereof

 

            The owner of land in respect of which a general plan has been registered under section 46 may transfer, by one deed, the whole or any portion of such land or a share in the whole of such land:

            Provided that-

      (i)     if a portion only of the land is sought to be transferred the boundaries of such portion shall coincide with one or more lines of division shown on the general plan and shall not intersect any of the pieces of land shown thereon;

      (ii)     the deed of transfer shall disclose that the land conveyed thereby has been laid out as a township or is a portion of land so laid out, that such land remains subject to the provisions of the law relating to townships, and, if any public place or portion thereof in such township forms part of the land transferred, that the rights of owners of pieces of land and of other persons to such public place are not affected by such transfer;

     (iii)     the deed of transfer shall disclose any conditions which have been applied to the township or the part thereof concerned and recorded in the deeds registry under the provisions of any law.