Title by Registration (New Register) Act (Cap. 56:51)

LA WS OF DOMINICA TITLE BY REGISTRAnON (NEW REGISTER) ACT CHAPTER 56:51 Act 16ofl980 Current Authorised Pages Pages, Authorised [inclusive} by L,R.O. 1-13 1Jl991 L.R.O.111991 2 Chap. 56:51 Title by Registration (New Register) Note on Subsidiary Legislation This Chapter contains no Subsidiary Legislation. £ un;. v.r .I\.(.;5,.H.f""Un (New Register) CHAPTER 56:51 TITLE BY REGISTRATION (NEW REGISTER) ACT ARRANGEMENT OF SECTIONS Chap. 56:51 3 SECTION 1. Short title. 2. Interpretation. 3. Registrar to make new register. 4. Where outstanding duplicates have not been destroyed. 5. Evidential value of certificate issued under section 4. 6. Where outstanding copy of title destroyed owner may apply. 7. Memorandumof interest admittedby proprietorormortgagee. 8. Where outstanding copy of certificate of title destroyed, Registrar may act. 9. Establishing interest other than freeholds and certain lease­ holds. 10. Registered proprietor bound to execute where originals de stroyed. 11. Registrar may apply to the Court declaratory order. 12. New instruments executed under section 10. 13. Power to compel production of instruments, etc. 14. Failure to comply with Registrar's requisition. 15. Instruments may be lodged. 16. Providing for copies of plans to be rued, without fees. 17. Conditions as to compensation. 18. No fee for certificate of title issue in lieu of destroyed one. 19. Exemption from stamp duty and fees. 20. Rules. , T.Rn 111001 4 Chap. 56:51 1 me OJ tcegtstrauon (New Register) CHAPTER 56:51 TITLE BY REGISTRATION (NEW REGISTER) ACT 16 of 1980. Commencement. Short title. AN ACT to authorise the making of a new register for certificates oftille destroyed by fire at the High Court building in Roseau, Dominicaon16thJune 1979and formattersconnectedtherewith and incidental thereto. [16thJune 1979] 1. This Actmay be cited as the TITLEBY REGISTRATION (NEW REGISTER) xcr. andshallbedeemedpartof andreadandconstrued asonewiththeTitle by Registration Act (hereinafter referred to as the "principallaw"). Interpretation. 2. In this Act "certificateoftitle"includes acertificateofqualified titleandcertificate of possessory title; "conclusive"usedwithreference toacertificate oftitleorto aregistered , instrument, or to the entry of a memorial of a registered instrument, meansthatthecertificate of titleor registercopyor registered instrument orentry,asthecasemaybe,hasthesame effectas if the certificate of title or registercopy or registered instrument or entry had been issued, made, registered, or enteredunder the provisions of the principal law; "destroyed"meanslost, destroyed or rendered indecipherable by or in consequence of the fire; "the fire" means the fire which destroyed the High Court Building, Roseau, Dominica, on 16thJune 1979 andincludesalldamage consequent thereonor incidentthereto; "newregister"meanstheregisteroftitlemadeundertheauthority ofthis Act andincludes the provisional register; "old register" means the register of title for the Commonwealth of Dominica under the principal law in existence immediately prior to 16thJune, 1979andincludes the provisional registry; 1 sue oy negtstrauon (New Register) Chap. 56:51 5 "Registrar"means the Registrar of Titlesunderthe principal law; "said date" means 16thJune 1979; "transfer","mortgage" and"lease"respectively meanmemorandum of transfer,memorandum ofmortgage andmemorandum oflease. 3. (1) TheRegistrar is herebydirected tomakea newregisterfor Regisl1a~ to make Dominica and for that purpose the Registrar is hereby given all new register. necessary authority as is not expressly conferred by this Act (2) This Act applies only in cases where certificates of title whichwere registered in the old register havebeendestroyed. 4. (1) Where duplicates of certificates of title which were de- Where o.ulStand­ stroyed are available to the Registrar, he shall cause copies of the ~a~::~:'~ duplicates to be prepared. destroyed. (2) If theRegistraris satisfied thattheduplicate is an authenti­ cated copy of a certificate of title which was registered in the old register, heshallcancelthe duplicate andissueanewcertificate of title whichshallsubjecttothisActhavethesameforce andeffectasifitwas acertificateoftitleissuedundertheprincipal law.Everynewcertificate shallhaveendorsedthereonamemorandum totheeffectthatit is issued in lieu of acertificate of title theoriginal of which hasbeen destroyed. 5. (1) Exceptas provided in subsection (4),no newcertificate of Evide~tial value titleissuedundersections 4 and6or issuedin respect ofanypartof the ~~~n:,,,;;:, landcomprised in anysuchcertificateoftitleshall, untiltheexpiration section 4. of six months from the date of the issueof the first suchcertificate of title,orfrom thedateoftheissueofthefirstsuchcertificate wheremore thanonecertificate oftitlehasbeenissued, oruntiltheexpiration of six monthsfrom thedateofthepassingofthisAct,whicheverperiodis the later to expire, beconclusive as to theproprietorship of anymortgage, lease,easement, or profit aprendre, or as to the nonas to thenon-ex istenceon the saiddate of (a) anychargecreatedotherwise thanbyaregistered mort gage (notincluding a sub-mortgage); (b) any registered lien; (c) any caveatlodgedto protect anyestateor interest; (d) anyproclamation taking the landor anypart of it; rVl'llJlOOI 6 Chap. 56:51 Titte fJy Registration (New Register) (e) any restriction or othermatterin respect of whichany memorial mayhavebeenregistered in theold register; or if) anyincumbrance uponor otherdealing withanymort­ gage,lease,easement, orprofit aprendre, registered on or beforethe saiddate. (2) Any personclaiming the benefit of any such charge. lien, estateorinterest, incumbrance, orotherdealing referred toinsubsection (1) may re-register suchchargeor lien in the mannerprovided for the registration of the samein the newregister. or maylodgea caveator a newcaveattoprotectsuchcharge, lien,estateorinterest, orincumbrance, or otherdealing. (3) Uponthe expiration of the timelimited by subsection (1), everysuchcharge orlienwhichhasnotbeenentered onthenewregister by the Registrar, or whichhas not been re-registered. or in respect of whicha caveathasnotbeenlodged, andeverycaveatlodgedto protect aninterestin respect of whicha newcaveathasnot beenlodgedshall, asagainst anypersonwhowithin thetimelimitedasaforesaid orat any timethereafterbecomes a registered proprietorbonafide andforvalue, bedeemed neverto havebeenregistered or lodged, asthecasemaybe. (4) IftheRegistrar issatisfied, uponsuchevidence asmayseem tohim tobesufficient, thatthelandcomprised in anycertificate of title referred to in section 4 was not on the said date subject to any such charge, lien, estate or interest, incumbrance. or other dealing as is mentioned in subsection (1),the Registrar mayendorseuponthecopy prepared andauthenticated, anduponthenewcertificate oftitleissued, as respectively provided for in section 4, a memorandum to theeffect thatit is conclusive as to suchmatters, orasto anyone or moreof them andit shallthereupon be conclusive accordingly. (5) Notwithstandingtheprovisionsofsubsection(4),anyperson beingunderthedisability ofinfancy, unsoundness of mind,or absence from Dominica may register any such charge, lien, estate or interest, incumbrance orotherdealingagainstanycertificate oftitleissuedunder section4 or 6 within six months from thedateon whichthe disability ceases; and the charge, lien, estate or interest, incumbrance or other dealing shallrank in priority from thedateof registration. Title by Registration (New Register) Chap. 56:51 7 6. (l) Any person claiming to have been on the said date the Where outst~d . red . d' red f mg copy of titleregiste propnetor,oramortgageeun er aregiste mortgage,o an destroyed owner estate of freehold, evidenced by any certificate oftitle, in any land, ifhe may apply. knows or believes that the certificate oftitle was destroyed, may make application to the Registrar, in such form as may be prescribed, for the issue ofa new certificate oftitle for the land. The application shall have endorsed thereon or shall be accompanied by three copies of a plan of the land of which the applicant claims to have been the registered proprietor or mortgagee and shall include a statement of the registered incumbrances,liens and interests, statutory and other charges, restric tions, and caveats to which, within the knowledge or belief of the applicant the land was subject and the statutory declaration of the applicant. (2) Every such application shall be published twice on the national radio and twice in a local newspaper: but a period ofone month shall elapse between the date of each publication and the first such publication shall be on the national radio and the second publication in a local newspaper the same sequence being applicable to the third and fourth publication; and the certificate oftitle shall not be issued until the expiration of two months from the date of the fourth publication. (3) The Registrar, if he is satisfied, after the making of such inquiries and the sending of such notices and after such public intima­ tionas may be consideredreasonable andsafe, that the certificate oftitle was destroyed and that the applicant was the registered proprietor or a mortgagee as aforesaid, shall submit all necessary documents filed in supportofthe application to a Judge and ifthe Judge is satisfied that the documents are in order, the Registrar shall issue a new certificateoftitle under his hand and seal. (4) Such a JJeW certificate of title shall subject to this Act have the same force and effect as if it was a certificate of title issued under the principal law. Every such certificate shall have endorsed thereon a memorandum to the effect thatit is issued in lieu of a certificate of title the original of which has been destroyed. 7. (I) The Registrar shall endorse on every such new certificate a Memorandum of d . < rth the i b Ii d . interest admittedmemoran um setting ,0 e meum ranees, ens, an interests, by proprietor or statutory and other charges, restrictions, and caveats to which the land mortgagee. appears to him to be subject. (2) In any case in which it seems to him proper to do so the 8 Chap. 56:51 Title I7y Registration (New Register) Whereoutstand­ ingcopyof certificate of title destroyed, Registrar may acL Establishing interest other than freeholds and certain leaseholds. Registrarmayatanytimecancelanysuchmemorandum, orhe mayadd to or amend any statement contained in any such memorandum on a certificate of title; and in any case where by way of such addition or amendment it is shownthat any interest in the land is subject to any incumbrance, lien, interest, charge, restriction or caveat, the Registrar shall forthwith send by registered letter to every registered proprietor adversely affectedby such addition or amendment a notice that such addition or amendment has beenmade. (3) Every memorandum shall be primafacie proof of the ex­ istenceof the estatesor interests or of the matters referred to in it. 8. TheRegistrar, in anycasewhere he knows or believes that the duplicate certificate of title to anylandwasdestroyed. may,if it seems tohim propertodo so,ofhisownnotionorattheinstance ofanyperson claiming anestateorinterestin thelandorat theinstance of anyperson acting on behalfof a personclaiming an estateor interestin the land. canceltheduplicate certificate oftitleandissueanewcertificate oftitle for theland. Section7 shall, withthenecessary modifications, apply to everysuchcertificate of title. 9. (I) Anypersonclainting tohavebeentheregistered proprietor on thesaiddateof anyestateor interestin orof anychargeor lienupon anyland,otherthananestateoffreehold inrespect ofwhichacertificate of titleexistedon the saiddate,orotherthana leasehold interestunder a lease or licence embodied in the register as a folium thereof, and knowing or believing that the instrument under which he claims has beendestroyed,maywithoutpaymentofanyfee,lodgeacaveatinForm 16or23in theSecondSchedule to theprincipal lawto protecttheestate or interest. chargeor lien. Everysuchcaveatshalloperate to preserve for all purposes the priority of the estateor interest, chargeor lien to protectwhichsuch caveatwaslodged. 10the case of the land comprised in any certificate of title or otherinstrument to whichsection 5 applies, a caveatlodgedin accord­ ancewiththis sectionshall not affecttheestateor interestif protected by subsection (2) of that section. (2) Upon the registration of an instrument for the purpose of evidencing anysuchestateor interest. charge, or lien. the caveatshall be deemed to havelapsed. Title by Registration (New Register) Chap. 56:51 9 (3) No suchcaveatshallprevent the registration of anyinstru­ mentin which,orby endorsementonwhich, therights ofthecaveatare admitted. The consentof the caveator to the registration of anysuch instrument shallnot be necessary. 10. (1) Every proprietor whose estate or interest is subject to an Registered . b lien.or i . ed db' f an i propnetor boundmeum ranee, en, or mterestacquir un er or y virtue0 an instru- to executed mentthat was destroyed, uponbeingrequested to do so by the person where originals who was on the said date the proprietor of the incumbrance, lien or destroyed. interest, orbythesuccessor intitleof suchperson, shallbebound, inthe samemannerasifhe hadcontractedtodoso,butwithoutcosttohimself, to executean appropriate instrument having as nearlyas possible the sameeffect,after registration, as the destroyed instrument had. (2) Noinstrument soexecutedby anysuchpersonshall, unless thereinexpressed or necessarily implied to thecontrary as regards the personexecutingthesame,haveanygreatereffectasagainstanyperson or anyestateor interestthanthe destroyed instrument had,andnosuch instrument shall.unlesstherein expressed ornecessarilyimpliedto the contrary, operateso asto relieveanyperson, otherthananypartyto it, from the obligation to perform any covenant that may have been expressed or implied in anydestroyed instrument. (3) Notwithstanding anything to the contrary in the principal law, every new instrument executed and registered to replace a de­ stroyed instrumentshall have the same priority over any otherinstru­ ment as the destroyed instrument had, notwithstanding that the new instrument may be registered subsequently to the registration of that other instrument. Where a new instrument has such priority the Registrarshalladdtothememorialofthenewinstrumentamemorandum indicating the priority. 11. (1) TheRegistrarmayathisdiscretion at anytimeapplyto the Registrar may Court for an order to definethe rights and liabilities of any personor ~~:'~;""'l)' persons in or in relationto any landor interestin land. order. (2) Notice of every such application shall be given by the Registrarby registered lettertoeverypersonknownorbelieved byhim to be entitledto any rightor to be subject to any liability in respect of anyland whichis the subject-matter of the application. (3) Everysuchapplication, untildisposedofbytheCourt,shall be effective asa caveatby the Registrar. and heshallmakean entryin the registerthat such application has beenmade. r D I"l flInn, 10 Chap. 56:51 Title by Registration (New Register) New instruments executed under section 10. Power to compel production of in­ struments, etc. 12. Wherepursuant to section 10anypersonis required to execute aninstrument in replacement of a destroyed instrument, it shallnot be necessary to obtain in respect of the new instrument any consent, approval or confirmation thatmayhavebeenrequired in respect of the destroyed instrument, butunlessanduntilthecontrary is proved, every suchconsent, approval or confirmation shall be deemed to havebeen duly given in respect of the destroyed instrument on or before its registration. 13. (I) In addition to thepowers conferred onhim bytheptincipal law, the Registrar may, in respect ofland in Dominica, exercise all or any of the powersconferred by subsections (2), (3), (4) and (5). (2) Hemayrequire anypersonhavinginhispossessionorunder hiscontrolanygrant,certificate, orotherinstrumentoftitle,oranyplan, search notes, report on title, or other written or ptinted document evidencing ortending toevidencein anymannertheboundaries, extent or position of,or thestateofthe titleto,or the incumbrances upon,any parcelof land in the district, to produce the samewithina reasonable timetobefixedbyanoticerequiting suchproduction andindicating the particular documents or kindof documents required, andtodepositthe samewithhim forsuchtimeasmaybenecessary toenable theRegistrar to examine or makecopiesof the same. (3) He may make such copies or records of, or such extracts from, any suchplansor documents as he thinks fit. (4) He mayrequire anypersonor anyof theclassesof persons hereinaftermentioned togiveanyinformation, explanation orevidence in writing uponoathorotherwise, concerning thesubject-matterof the application, title or claim, or, exceptin the caseof a solicitoror agent acting as hereinafter mentioned, to attend before him and give such information, explanation orevidence generally uponoathorotherwise. The classes of persons hereinreferred to are the following: (a) any person making an application under this Act; (b) any person being, or claiming to be entitled as, a registered proprietor on the old register; (c) anypersonclaiming tobecometheregisteredproprietor of anyestateor interest in land in the State; or (d) anypersonbeingtheattorney or agentof, andacting on behalfof, anyof the aforesaid persons. nile tJyRegtstration (New Register) Chap. 56:51 11 (5) He mayfrom timeto timecauseprintednotices tobe fixed orplacedontheoutside oftheseveral church andchapeldoors,orother publicconspicuous buildings orplaces, within Dominica where it shall be setfor the several actstobedoneforthepurpose of making thenew register. (6) Iftheproprietorofanyeasement,orprofitclprendreorother incumbrance which had been registered, neglects to furnish such particulars of his easement, orprofit cl prendreor otherincumbrance, as the Registrarmayrequire by notice in writing directed to the usual or last known address of the proprietor, the Registrar may at his discretion, atanytimeaftertheexpiration of sixcalendarmonths from the date of the notice, remove any entry of the easement, profit cl prendre,orotherincumbrance from theregister, or from anycertificate of title, or other outstanding duplicate of the register, by marking the memorial thereofintheregisterwiththewords"Removed.-Seek. No. ( day of , 19 ), Registrar", anda like entryshall be madeor notedon everyservient titleor tenement against whichthe. easementorprofitaprendre,orincumbrancehasbeenregistered. From thedateof suchremoval beingnotedby the Registrar the easement or profit a prendre,or incumbrances shallceaseand determine. 14. If upon a requisition in writing madeby the Registrar for any F~ilure to comrly . d . . 13 ith bl with Registrar spurpose mentione in section anypersonWI out reasona e cause requisition. refuses or neglects to comply withthe requisition, the Registrar shall applytotheCourtforanorderdirecting thatsuchpersondocomply with the requisitions. 15. Untila newcertificate of titleis issuedin respect of anyparcel Instruments may of land, the Registrar shall acceptfor registration or lodgement every be lodged. instrument ordocument relating to theparcelofland that appears tobe inorderandthatcouldhavebeenregistered orlodgedif theregisterhad not been destroyed. He shall file andindexevery suchinstrument or document, anduponthe issueofthenewcertificate oftitlefortheparcel of land he shall deal in the usualmannerwith all such instruments or documents thatarethenfoundtobeinorderaffecting theparcelofland, in such a manneras to preserve their relative priorities in accordance withthe provisions of the principal law andof this Act 16. (I) TheRegistrarmayacquire andfile as records of his office Pro~iding for . such plans or copies of plans as appear to him to be desirable as ;:;'~f:i::n~ evidencing or tending to evidence the boundaries of any land in fees. • 1 1111 111001 12 Chap. 56:51 'nue tJy Regtstration (New Register) Conditions as to compensation. No fee for certificate of title issue in lieu of destroyed one. Dominica comprised in any certificate of title or in any destroyed deposited plansandno feeshallbepayable for the checking or deposit of anysuchplanor copyof plan. (2) Thissectionshallextend andapply toplansofsurveysmade sincethesaiddateforthepurposeofreplacing deposited plansthatwere destroyed or for the purpose onlyof fixing the boundaries of the land comprised in anycertificate of titleexistingon the saiddate. (3) Exceptin thecaseofplansreferred to in subsection (2),the Registrar shallendorseon everyplanor copyof planfiledas aforesaid a memorandum showing from whom the plan or copy was acquired. and, ifpossible and necessary, by whom andunderwhose authority it wasmade. 17. No personhavingor claiming any estate or interestin or any chargeor lien uponany land who had noticebe it personal service or otherwise, or was aware of anyproposed actof the Registrar, shallbe entitledto commence anyactionfortherecovery ofdamages underthe principal lawin respectof anylosshe mayhavesustained by reason of suchactoftheRegistrarunless, within areasonable timeafterreceiving the notice or becoming aware of the proposed act, he has taken the appropriate stepsin accordance withthe provisions of this Act or the principal law to protect his estateor interest, charge.or lien. 18. No fee shallbe payable to theRegistrar for a newcertificate of title issuedin lieu of a destroyed certificate of title;but nothing in this sectionshallaffecttheliabilityofanypersonto payanyfeeoutstanding and unpaid in respect of any destroyed certificate of title or other instrument. Exemption from 19. Thefollowing instruments shallbe exemptfrom stampdutyor stamp duty and registration fees. as thecase maybe: fees. (a) everyinstrumentexecutedor registered in substitution fora registered instrument that has beendestroyed if theRegis­ traris satisfiedthatthenewinstrumentissubstantiallytothe sameeffectas the destroyed instrument; (b) everyaffidavitorstatutory declaration required bythis Act. or required by the Registrar for the purposes of this Act; (c) everystatutory declaration madeby a licensedsurveyor in respect of any survey plan made for the purpose only of Title byRegistration (NewRegister) Chap. 56:51 13 replacing adeposited planthatwasdestroyedbythefire, or for the purpose only of fixing the boundaries of the land comprisedinanycertificateoftitleexistingonthesaiddate; and (d) everycaveatlodgedunderthisActandeverywithdrawal of anysuch caveat 20. (1) TheMinistermaymakesuchRulesasmaybenecessary for Rules. the purpose of carrying out or giving effect to the principles and provisions of thisActandforprescribing all matters whicharerequired or permittedto be prescribed. (2) For the purposes of this section, "Minister" means the Ministerresponsible for LegalAffairs.