Land Reg Priority
Registration of Title Act
Rectification on amendment of vesting order.
29.—Where an order is made under section 30 of the Land Act, 1931, amending a vesting order, F42[the Authority] shall on the lodgment with F43[it] of an office copy of the order rectify the register in conformity with the vesting order as so amended.
Fraudulent dispositions and entries.
30.—(1) Subject to the provisions of this Act with respect to registered dispositions for valuable consideration, any disposition of land or of a charge on land which if unregistered would be fraudulent and void, shall, notwithstanding registration, be fraudulent and void in like manner.
(2) Any entry, erasure or alteration in the register made by fraud shall be void as between all parties or privies to the fraud.
Conclusiveness of register.
31.—(1) The register shall be conclusive evidence of the title of the owner to the land as appearing on the register and of any right, privilege, appurtenance or burden as appearing thereon; and such title shall not, in the absence of actual fraud, be in any way affected in consequence of such owner having notice of any deed, document, or matter relating to the land; but nothing in this Act shall interfere with the jurisdiction of any court of competent jurisdiction based on the ground of actual fraud or mistake, and the court may upon such ground make an order directing the register to be rectified in such manner and on such terms as it thinks just.
(2) The validity of registration of ownership of unregistered land shall not be affected by reason that the person thereby shown to be registered as owner was then dead and any person who proves to the satisfaction of F44[the Authority] that he is entitled to the land may be registered as owner thereof.
Rectification of errors in registration.
F45[32.—(1) Where any error originating in the Land Registry (whether of misstatement, misdescription, omission or otherwise, and whether in a register or registry map) occurs in registration—
(a) the Authority may, with the consent of the registered owner of the land and of such other persons as may appear to be interested, rectify the error upon such terms as may be agreed to in writing by the parties,
(b) the Authority may, if of opinion that the error can be rectified without loss to any person, rectify the error after giving such notices as may be prescribed,
(c) the court, if of opinion that the error can be rectified without injustice to any person, may order the error to be rectified upon such terms as to costs or otherwise as it thinks just.]
Searches and Priority
Searches of registers and maps.
107.—(1) Any entry in, or index to, a register and any registry map may be inspected F140[, in the form in which it is kept or (as the case may be) a legible reproduction thereof,] by any person at such times and on such conditions as may be prescribed.
(2) Any person may apply to F141[the Authority] to make an official search in a register or registry map and to issue a certificate of the result of the search.
Priority of certain applications for registration.
108.— (1) The Authority, if of opinion that a person has contracted to purchase or take a lease of registered land or to lend money on the security of a charge on it, shall, on application by the person and on notice by the person to the other party to the contract, make an entry in the register in the prescribed form.
(2) An application for registration by such a person in relation to the completion of the contract which is in order and is delivered to the Authority within a period of 21 days (or such longer period as may be prescribed) after the date of the entry ranks in priority before any other application for registration made within that period in respect of the land.
(3) In determining whether to prescribe a longer period than 21 days under subsection (2) and the duration of any such period, the Registration of Deeds and Titles Rules Committee shall have regard to—
(a) changes in the period generally elapsing between applications by persons under subsection (1) and those made by such persons under subsection (2), and
(b) the need for adequate protection of the interests of parties to the contracts concerned.]