Effective July 31, 2020, pursuant to legislative amendments in the Registration of Titles, Cadastral Mapping and Tenure Clarification (Special Provisions) (Amendment) Act, 2020 and the Registration of Titles (Amendments) Act, 2020 [hereinafter referred to as “SPA” and “RTA” respectively], the following applications may be submitted to the Registrar of Titles for registration without reference to the Referee of Titles (Section 28A and 28B RTA):
A Caveat is a form of injunction that is provided for under the Registration of Titles Act. It means that someone is claiming an estate or interest in the land and serves as notice of such interest to anyone dealing with that particular property. When a Caveat is lodged it prevents any dealings with the Title. For example, a transfer or mortgage will not be registered if there is a Caveat on the Title.
To lodge a caveat the following is required:
a. Caveat in the form set out in the Schedule to the Registration of Titles Act completed in duplicate.
Signing and Witnessing a Document under The Registration of Titles Act
Section 152 of the Registration of Titles Act provides for the attestation of documents lodged for registration at the Office of Titles. When a document is lodged at the Office of Titles the Registrar of Titles must be satisfied that the document is legally and formally valid. One such requirement relates to the signing and witnessing of documents.
TRANSFERS, MORTGAGES, LEASES, TRANSMISSION APPLICATIONS ETC.
We would like to ensure that your documents are processed expeditiously. Please take some time to review the list below which highlights some of the most frequent reasons for rejection for most dealings. Please check your documents against this list before submitting same to minimise the risk of rejection.
The following instructions are issued by the Office of Titles Division for the guidance of applicants for Orders for Foreclosure under Mortgages registered under the Registration of Titles Act.
These instructions deal with the normal procedure for this type of application, but applicants may have to meet specific requisitions in particular cases. Applicants should therefore bear in mind the rules of Equity when making applications.
Applicants are asked to read these instructions carefully before lodging this type of application in the Office of Titles.
The application to be followed in recording the death of a registered owner depends on the tenancy held by the deceased owner or if he or she was the sole registered owner. Firstly, determine the tenancy. This can be done by reading the Certificate of Title. If there are more than one persons as owners then it will be stated whether they hold the land as joint tenants or tenants-in-common or whether they have an estate as a life tenant.
Joint Tenants/Life Tenant
To record the death of a joint tenant or a life tenant the following is required:
Your Certificate of Title is an important document, therefore please ensure that you take all reasonable steps to keep it safe. Before making a Lost Title Application please ensure that you have done all searches to locate the Title and once you are satisfied that it is lost or destroyed you should then make the application.
If you own registered land and have lost your Certificate of Title the only substitute that can be obtained is a new Certificate of Title.