Unregisterable Rights
Registration of Title Act
Notice of trusts.
92.—(1) Subject to the provisions of this Act, notice of a trust shall not be entered in the register.
(2) None of the following persons shall, by reason merely of the receipt by F117[the Authority] of an instrument relating to land for the purpose of a registration, be affected with notice of any trust contained in or arising out of matters contained in such instrument:
(a) F117[the Authority];
(b) a registered transferee for valuable consideration of the land;
(c) a registered owner of a charge created for valuable consideration on the land;
(d) a person claiming an interest created for valuable consideration in a registered burden on the land.
(3) In this section “trust” includes express, implied and constructive trusts.
Caution against first registration of land.
96.—(1) Any person claiming such an interest in unregistered land as entitles him to object to a disposition thereof being made without his consent, or claiming to be an incumbrancer on unregistered land, may, if claiming otherwise than under an instrument registered in the Registry of Deeds, on producing an affidavit in the prescribed form of his interest, lodge a caution with F124[the Authority] to the effect that the cautioner is entitled to notice of any application that may be made for registration of an owner of the land.
(2) Thereupon, an owner of the land shall not be registered until notice has been served on the cautioner to appear and oppose, if he thinks fit, the registration, and the prescribed time has elapsed since the date of the service of the notice, or the cautioner has entered an appearance, whichever first happens.
(3) If any person lodges a caution under this section without reasonable cause, he shall be liable to make compensation, recoverable as a simple contract debt, to any person damaged thereby.
Caution against registered dealings.
97.—(1) Any person entitled to any right in, to, or over registered land or a registered charge, may, on producing an affidavit in the prescribed form of his right, lodge a caution with F125[the Authority] to the effect that no dealing with the land or charge is to be had on the part of the registered owner until notice has been served on the cautioner.
(2) Thereupon F125[the Authority] shall not, without the consent of the cautioner, register any dealing with the land or charge, as the case may be, until F126[it] has served notice on the cautioner, warning him that his caution will lapse after the expiration of the prescribed time.
(3) After the expiration of that time, the caution shall lapse unless an order to the contrary is made by F125[the Authority] and on the caution so lapsing the land or charge may be dealt with as if the caution had not been lodged.
(4) If, before the expiration of that time, the cautioner, or some other person on his behalf, appears and gives, if required by F125[the Authority], sufficient security to indemnify every person against any damage that may be sustained by reason of any dealing with the land or charge being delayed, F125[the Authority] may, if F126[it] thinks fit, delay registering any dealing with the land or charge for such further period as F126[it] thinks just.
(5) If any person lodges a caution under this section without reasonable cause, he shall be liable to make compensation, recoverable as a simple contract debt, to any person damaged thereby.
(6) In the case of a caution lodged on behalf of a statutory authority, a certificate in the prescribed form may be accepted, at the discretion of F125[the Authority], in lieu of an affidavit.
Inhibition of registered dealings.
98.—(1) The court or, subject to an appeal to the court, F127[the Authority], on the application of any person interested in any registered land or charge, may, after directing such inquiries (if any) to be made and notices to be given and hearing such persons as the court or F127[the Authority] thinks expedient, make an order or, in the case of an application to F127[the Authority], an entry, inhibiting for a time, or until the occurrence of an event to be named in the order or entry, or except with the consent of or after notice to some specified person, or generally until further order or entry, any dealing with any registered land or registered charge.
(2) F127[The Authority], on the application of the person who has obtained an order of the court under the provisions of this section, shall make an entry of the order on the register in the prescribed manner.
(3) The court or F127[the Authority] may annex to any such order or entry any terms or conditions they think fit, and may discharge any such order or cancel any such entry, and generally may exercise such powers as the justice of the case requires; but nothing herein contained shall empower F127[the Authority] to discharge an order made by the court.
(4)(a)F128[…]
(b) Any entry made under this section may be withdrawn or modified at the instance of all the persons for the time being appearing by the register to be interested therein.