Registered Land (Amendment) Act (No. 8 of 2023)

235-8.23 ANTIGUA AND BARBUDA REGISTERED LAND (AMENDMENT) ACT, 2023 No. 8 of2023 [Published in the Official Gazette Vol. XLl/1 No. 45 dated 17th August, 2023. Printed at the Government Printing Office, Antigua and Barbuda, by Noel F. Abraham, Government Printer By Authority, 2023. [Price:$ 2.60] Registered Land (Amendment) Act, 2023 2 No. 8 of2023 No. 8 of2023 SECTION 3 Registered Land (,tl mendment) Act, 2023 ANTIGUA AND BARBUDA REGISTERED LAND (AMENDMENT) ACT, 2023 ARRANGEMENT OF SECTIONS l. Short title .. ... .. ... ... ..... ....... .. ......... .... .. ... .. ............... .. ..... ..... ...... ... .... ....... ... .... .... .. .. ......... .... ...... 4 2 . .Interpretation .. ... ......... .. .. ... .... .. ... .. ........ .... .. ..... ... .... ........ ................... ...... .. ..... ........ .. .... ... ... .... . 4 3. Amendment of section 3-Reconciliation with other laws .. .. .............. .. .......... ........ ... ................ 4 4. Amendment of section 21-Combinations and subdivisions ........................ ............... ............... 5 5. Amendment of Section 121A- Registration of proprietor entitled to Cmwn land .. ........... ...... .. 5 4 Registered Land (..:J.111end111ent) Act, 2023 (L.S.l l Assent, ANTIGUA AND BARBUDA REGISTERED LAND (AMENDMENT) ACT, 2023 No. 8 of2023 Rodney Williams, Governor-General. l4th August, 2023. No. 8 of 2023 AN ACT to amend the Registered Uu1d Act Cap. 374 to make provision for compulsory registration by a pc,son entitled to be registered as a proprietor of any parcel of L,nd regist«ed in the name of the Crown after the cadastrr.l survey in 1976, to revise the procedures relating to the mutation of the land register and the subdivision of contiguous parcels. ENACTED by the Parliament of Antigua and Barbuda as follows: 1.. Short title This Act may be cited as the Registered Land (Amendment) Act, 2023 2. Interpretation ln this Act "principal Act." means the Registered Land Act, Cap. 374 3. Amendment of section 3-Reconciliation with other laws Section 3 of the principal Act is amended by repealing subsection (2) in its enti rety and replacing this with the following "(2) The provisions of this Act shall apply only to land, interests in land or dealings in land within the State of Antigua and Barbuda that are registered under this Act." No. 8 of2023 5 Registered Land (Amendment) Act, 2023 4. Amendment of section 21-Combinations and subdivisions Section 21 of the principal Act is amended by: (a) Repealing the proviso in its entirety and replacing it with the following "(i) nothing shall be done under this section which would be inconsistent with this Act or any other law; and (ii) where a proprietor is subdividing his parcel for lhe purpose of building development , the Registrar may require him to submil a plan of the proposed subdivisions prepared by a surveyor licensed under the Land Surveyors Act and certified by the appropriate authority as conforming with the requirements of any planning law for the time being in force .'' (b) repealing subsection (3) in its entirety and replacing it with the following "(3) Upon 1he application of the proprietor of a parcel for division of his parcel into 1wo or more parcels, the Registrar may by order approve the division and shall cause notice of the order to be forwarded to the Chief Land Surveyor on a mutation form for an amendment to 1he Survey Map, provided !hat, the Registrar shall not approve an application for a subdivision of a parcel which is subject to a lease, unless the application is accompanied by the writ1en consenl of the lessor or, in the case of a parcel subject to a sub-lease, by the \\Titten consent of the head lessor." 5. Amendment of Section J21A - Registration of 1,ro1H·ietor entitled to Crown land Section 121A of the principal Act is amended as follows (a) by repealing subsection (1) thereof and substituting the following: "(l) Where a person is entitled to apply to be registered as proprietor of a parcel of land tl1at has been registered in the name of the Crown. that person shall apply to the Registrar to be registered as proprietor in respect of that parcel of land within (a) has submitted an application pursuant 10 paragraph (a), the Registrar shall allow that person such reasonable time as is necessary to provide evidence on affidavit m1d such other documents as tl1e Registrar may require." (b) by inserting after subsection (7) the following new subsections: "(8) No person. except the Crown, shall, after the expiration of tl1e time specified in subsection ( 1 ), have any dealings witl1 land that continues to be registered in tl1e name of the Crown. Registered Land (Amendment) Act, 2023 6 No. 8 of2023 (9) Where, any parcel of land is registered in the name of the Cro-wn after tlle Cadastrnl SUIVey and marked "no dealing", and remains so registered after t11e expirntion of the time specified in subsection (1), t11e parcel ofland shall be vested in t11e Crown. (IO) Upon the expiration of the date specified in subsection (1), the Chief Land Officer shall review the status of the parcels affected by the notation of no dealing and make a report, of his findings, including any recommendations for fue considemtion of the Cabinet. (11) Where upon receipt of t11e Chief Land Officer's report, the Cabinet considers it necessary to dispose of such parcels, the Cabinet may, by order published in the Official Gazette, authorize the Chief Land Officer to deal with the parcels in the manner directed by the Cabinet." Passed the House of Representatives on The 14th day of March, 2023 . Gerald Watt, Q.C., Speaker. Rosemarie Weston, Clerk to the House of Representatives. Passed the Senate on the 21st day of March, 2023. Alincia Williams-Grant, President: Rosemarie Weston, Clerk lb the Senate.