If you own land and do not have a Registered Title you can make an application to the Registrar of Titles to have the land registered.
To apply to register your land the following documents must be submitted:
- An application form prescribed by the Registration of Titles Act and signed by the applicant.
- A Statutory Declaration by the applicant to prove possession (a statutory declaration is a written statement confirmed by oath).
- Supporting statutory declarations to prove ownership from two persons who have known the land for at least 30 years and in cases where the applicant has no documentary proof of ownership, showing title for himself and predecessors in title for 40 years.
- A up-to-date certificate of payment of Property Tax.
- Survey pre-checked diagram (if the land is being registered by plan).
- Any other document you may have that proves ownership e.g. Receipt, Conveyance, Probate, Certificate of Compliance under the Facilities for Titles Act.
- Applications otherwise than by Plan must describe the land so as to enable identification of the location of the parcel on the ground by reference to a land mark and must state the names by which the property is known. The description must state the distances along each boundary and the compass direction of each boundary line, the names of the abutting properties, the names of adjoining owners, and where the abutting land is registered land, the title reference for the property.
There may be other documents required depending on the facts of each case. Persons who wish to register land should therefore seek the assistance of a lawyer.
Registration fees are paid when you submit your documents to the assessor at the Titles Office. You will be issued a dated official receipt with a number stamped on it, and the name of the person who lodged the application. The number printed on the receipt is your application number and must be quoted when making enquiries about your application. You must keep your receipt until your application is successfully completed.
Stamp Duty and Transfer Tax are payable to the Tax payer Audit and Assessment Department unless falling into any category of exemption.
Your application will go through a series of processes as prescribed by law:
- The documents will be checked.
- The survey diagram will be sent to the Survey department to be checked to ensure that the land is not yet registered and the plan is acceptable.
- Thereafter all the documents will be submitted to the Referee of Titles for consideration.
When your application is approved by the Referee you will be sent a Notice, which you will be directed to have published in a particular news-paper for a period decided by the Referee of Titles.
Your Certificate of Title will be issued seven weeks after the first appearance of the advertisement in the newspaper, if no Caveat is lodged against the application and no Court action commenced.
Preparation of your Certificate of Title will begin after you take in proof of advertisement, i.e. the newspaper pages with the advertisements pertaining to your application and payment of the final fees.
CAVEATS AGAINST REGISTERING LAND
Lands being registered are advertised in the daily newspapers weekly. If someone has applied to register land that you have an estate or interest in, without your consent, you may lodge a Caveat against bringing the land under the Registration of Titles Act. The Caveat must be lodged within the time prescribed by the Referee of Titles in the advertisement.
Forms of Caveats are available at the Office of Titles. You must consult an Attorney-at-law to commence an action in Court in respect of the interest claimed in the Caveat. Copies of the documents filed in Court must be submitted to the Registrar of Titles within one month of the lodging of the Caveat.
Failure to notify the Registrar of Titles of the Court proceedings will result in the Caveat lapsing after a month and the registration being proceeded with.