LSAGH Publications

Monday, 12th June, 2017Author: LISAGH

The Effect Of Registration

What is the effect of registration under this Law? Section 43 (1) says: "43. (1) Subject to subsections (2), (3) and (4) of this section and section 48 of this Law, the rights of a registered proprietor of land whether acquired on first registration or acquired subsequently for valuable consideration or by an order of a Court, shall be indefeasible and shall be held by the proprietor together with all privileges and appurtenances attaching thereto free from all other interests and claims whatsoever."

An indefeasible title is explained in the Memorandum as a complete answer to all adverse claims on mere production of the land register, and a person acquiring title from a registered proprietor has, on being himself registered, a conclusive title against the whole world. Section 47 further provides that once a person is registered as the proprietor of an interest in land that interest becomes vested in him together with all implied or express covenants, liabilities and other incidents of title. And there is provision in section 51 which enables the Land Registrar to issue a land certificate to the proprietor upon the registration of any land or lease.

This land certificate is thus the proprietor's certificate of title to the land.26 If the Land Registrar is satisfied with the title to any parcel of land he will issue a land certificate to the proprietor; but if, upon the examination of the title, he can only accept it with certain reservations (eg joint proprietorship, where proof of death is not supplied), he may, with the consent of the applicant, instead of rejecting the application, record the applicant as proprietor with provisional title and issue to him a provisional certificate. We may note here that section 45 contains provisions for conversion of a provisional title into absolute title at any time where the Land Registrar is satisfied that the qualification to which the provisional title is subject has ceased to be of effect. Section 48 is interesting.

It states: "48. (1) Any proprietor who has acquired any land or interest in land without valuable consideration shall hold the land or interest subject to any unregistered rights, interests or to any liabilities to which such land or interest was subject when held by the transferor, and subject also to the provisions of the law of bankruptcy or insolvency and to the winding up provisions of the Companies Code, 1963 (Act 179).

(2) Subject to subsection (1) of this section any such transfer shall in all respects have the same effect as a transfer for valuable consideration." The section is worthy of note because one is entitled to believe from this that the Insolvency Act passed in 1962 is at last about to be brought into effect; Another interesting provision on the effect of registration is section 50. It provides: "50. Any proprietor who acquires any land or interest in land shall be deemed to have had notice of every entry in the land register which he was entitled to inspect at the time of acquisition." That is only fair.