Land Title Registration Regulations, 1986

LAND .UTLE ~GISTRATION REGULATIONS, 1986 ARRANGEMENT OF REGULATIONS AND FORMS PART I-FIRST REGISTRATION Regulation ! . Foi:m of application 2. Documents to be delivered with application·for first registration 3. Instruments to be in duplicate 4. Foreshore, etc. 5. Minute book 6. Notices 7. Boundary marks, etc. 8. Objections to registration 9. Hearing of objections 10. Prima facie evidence on first registration 11. Completion of registration 12. Registration of flats 13. Certificate of Di~tctor of Surveys 14. Registration of celJars, tunnels, etc. 15. Minerals and mines 16. Form of caveat against registration 17. Notice of caveats 18. Withdrawal of caveats 19. Consent of caveator 20. Application for a restriction 21. Removal 01 variation of a restriction 22. Form of land certificate and provisional certificate 23. Memorials of easements 24. Existing encumbrances to be noted on certificate 25. Proprietor may claim one certificate in respect of land held. under several certificates 26. Lost land certificate, provisional certificate, etc. PART II-ADJUDICATION PROCEDURE 27. Method •f application 28. Publication of application 29. Notice of objection 30. Power to direct additional notice L:L 1341. 2 'LAND ·TITLE REGISTRATION REGULATIONS, 1986 Regulaiion 31. Sittings of the Committee 32. Procedure at hearing 33. Evidence 34. Right of audience 35 .. pngujry from chie(s 36. Inspection of land by the Committee 37. Disclosure of instruments 38. Failure to supply instrument 39. Decision of the Committee 40. Form of adjudication record 41. Objection 42. Withdrawal of objection 43. Costs 44. Extension of time 45. Change of address 46. Substituted service 47. Failure to comply with Regulations 48. Administration of oath 49. Form of register 50. New editions of register, etc. PART III-DEALINGS WITH REGISTERED LAND 51. Power of Land Registrar to decline to enter improper forms 52. Instruments dealing with portions 53. Entry o£instruments in the presentation book 54. Notice to be sent to proprietors 55. Lease required to be produced for endorsement • 56 ., Transfer of subdivisions or portions of land 57. Form of transfer 58. Transfers without minerals 59. Sale by mortgagee 60. Transfer of ie~s~ subject to a rent 61. Where the power of transfer of registered land ·or interest has become vested in a person other than the proprietor · 62. Transfer imposing restrictive agreements 63. Transfer by way of exchange 3 LAND TITLE REGISTRATION REGULATIONS, 1986 Regulation . 64. Form of mortgage 65. Certificate of registration under Companies Code 66. Discharge of registered mortgage 67. Transfer of mortgage 68. Registration of proprietor of encumbrance prior to first regis tration of land 69. Disposition of encumbrances 70. Form of disposition of an encumbrance • 71. Registration of a personal representative 72. Transfer by personal representative 73. Registration of trustee in bankruptcy or insolvency 74. Death of Official Trustee 1 S. Where property becomes divested PART IV-MINOR ENTRIES IN THE REGISTER 76. Registration of leases 77. Two or more applicants for proprietorship of same land 78. Severance of minerals from the land 79. Note of variation oflease, etc., in register 80. Merger of registered interests 81. Notice of deposit of land certificate or provisional certificate 82. Notice of intended deposit of land certificate or provisional certificate 83. Cancellation of certificate upon compulsory acquisition by the State 84. Purpose for which certificates may be retained 85. Certificate deposited for specified purpose only 86. Re,;:eipt for land certificate or provisional certificate 87. Value to be entered in register 88. Change of name, address or description 89. Particulars of changes in street names, etc. PART V-FEES 90. First registration 91. First registration by original Jessee 92. Rack rent leases 93. Concessions, etc. LJ. 1341. L.1. 1341. 4 LAND TITLE REGISTRATION REGULATIONS, 1986 Regulation 94. Fann land 95. Commercial or industrial plots 96. Churches, schools, hospitals, burial grounds, etc. 97. Dealings for value 98 . Voluntary transfer 99. Transfer in consideration of marriage 100. Transfer of mortgage or charge for value, etc. 101. Vesting order, declaration or transfer by a company under a scheme for arrangement or amalgamation 102. Transfer by way of partition or exchange 103. Land registered under Act 122 I 04. Conversions 105. Miscellaneous fees 106. Abatement of fees on mortgage or charge 107. Mortgage or charge accompanying a transfor for value 108. Mortgage or charge secured on registered and unregistered lanl 109. Additional or substituted security 110. Transfer of mortgage or charge 111. Discharge of mortgage or charge 112. Transfer of land in considtration of the value of crops 113. Act 122 cases 114. Government departments, local authorities, etc. 1 15. When fee is payable 116. Mode of payment of fees II 7. Excess amount under ~2.00 not returnable 118. Cancellation of application 119. Determination of value of land 120. Variable rents 121. Purchase by reversioner, etc. 122. Application affecting several titles 123. Charge to secure further advance PART VI-MISCELLANEOUS 124. Office hours and holidays 125. Conditions as to inspections 5 LAND TI77.,E REGISTRATION REGULATIONS, 1986 Regulation 126. Official search in the register or registry map 127. Documents at Registry where retained, etc. 128. Form of documents to be filed 129. Documents to be certified 130. Return of certain documents and destruction permitted in certain cases 131. Service of notices and summonses 132. Statutory declarations and evidence on oath 133. Printed forms 134. Questions as to sufficiency of stamp duty 135. Claims for indemnity 136. Interpretation FIRST SCHEDULE L.L 1341. L.I. 1341. 6 LAND TITLE REGISTRATION REGULATIONS, 1986 Form I. Application for First Registration of Land other than Lease hold with Statutory Declaration in support thereof 2. Application for First Registration of Leasehold with Statutory Declaration in support thereof 3. Application for First Registration of a Company or Corpora tion as proprietor of Land 4. Application for First Registration of a Flat 5. Notice by the Chief Registrar of Lands upon the declaration of a Registration District under section 11 of the Law 6. Notice of Application for Registration 7. Statutory Declaration by an Applicant for Registration of Title where no documents are produced 8. Memorandum of Registration 9. Caveat I 0. Notice of a caveat to be served on Proprietor 11. Notice by the Land Registrar of his intention to remove a Caveat 12. Notice by the Land Registrar of his intention to register an instrument affected by a Caveat 13. Application to withdraw or remove a Caveat 14. Application to register a restriction under an order of the Court 15. Restriction by the Land Registrar under section 118 of the Law 16. Application to the Land Registrar for the removal or variation of a restriction. 17. Removal or variation of a restriction by the Land Registrar 18. Land Certificate 19. Provisional Certificate 20. Notice of Intention to Issue a Substituted Certificate under section 53 of the Law. 21. Application to the Adjudication Committee for determination of dispute or claim 22. Notice by the Committee of Application for Adjudication of . Title or Demarcation of Boundary. 23. Objection to application under Regulation 29 24. Notice of Hearing 25. Notice of Appeal 26. Adjudication Record 27. Certificate of Adjudication under section 29 of the Law 7 LAND TITLE REGISTRATION REGULATIONS, 1~89 Form 28. Objection Against Adjudication Record 29. Land Register 30. Transfer of Land 31. Transfer of Land without Minerals 32. Transfer of Land with certain Specified Minerals only 33. Transfer of Land with the Minerals excepting only certain Specified Minerals 34. Transfer of Minerals without the Land 35. Transfer of Leasehold 36. Transfer of Leasehold being part of the Land Comprised in the Registered Lease 37. Transfer of Land imposing Restrictive Agreement 38. · Application for cancellation of Restrictive Agreements 39. Transfer by way of Exchange 40. Instrument of Mortgage 41. -Application to Vary the-Terms of' a Mortgage 42. Discharge of Registered Mortgage 43. Transfer of Mortgage.• 44. Application for registration by Personal Representatives "of Deceased Proprietor 45. Assent to devise of Land 46. Assent by Personal Representatives 47. Application by Trustee in Bankruptcy or Insolvency: uridci section 105 of the Law 48. Notice by the Trustee in Bankruptcy or Insolvency where his interest in Land has been divested · 49. Lease .50. Notice of Deposit of Land Certificate or Provisional Certificate 51. Receipt for Land Certificate or Provisional Certificate deposit~d in the Registry ·:· '.. . . 52. Application for Official Search in the Register or the Registry Map 53. Official Certificate of Result of Search 54. Summons by the Chief Registrar or .Land Registrar 55. Summons to witness to attend at Committee hearing SECOND SCHEDULE THIRD SCHEDULE L.I •. -1341. · ; .. -.. ·- ....... L.I. 1341. Ponnof application, Oocumeats to be delivered with applica• tion for first reaistra • tion. Instruments to be in duplicate. 8 LAND TITLE REGISTRATION REGULATIONS, 1986 {N exercise of the powers conferred on the P.N.D.C. Secretary responsible for Lands by section 134 of the Land Title Registration Law, 1986 (P.N.D.C.L. 152) these Regulations are made this 29th day of December, 1986. PART I-FIRST REGISTRATION 1. Application for first registration shall be submitted to the Registry in Form I, 2, 3 or 4 of the First Schedule. l. Every application shall be accompanied by (a) a statutory declaration certifying the contents of the application unless the Land Registrar otherwise decides; (b) all such original deeds or other documents relating to the land; (c) a list in triplicate of all deeds and other documents referred to in paragraph (b); and (d) a plan in duplicate approved by the Director of Surveys to enable the land to be fully identified on the registry map. J. (l) Except as otherwise provided in sub•paragraph (3) all instruments presented for registration shall be in duplicate. (2) Upon registration the Land Registrar shall retain the duplicate and return the original to the applicant. (3) In the absence of any express agreement to the contrary a lessee shall be entitled to register a counterpart of the lease. For.:shoce, 4. Where any land included in an application for registration etc. comprises the foreshore or the bed of any river or stream that fact shall be stated in the application. Minute S. (l) The Land Registrar shall keep a minute book in which be book. shall record any defect in the title of any land or interest in land and the acts or matters that ought to be done or proved which will justify the issue of a land certificate or provisional certificate to the proprietor. (2) The minutes shall not form part of the register. Notices. 6. (l) The notices required to be given under sections 11 and 13 of the Law shaH be in Forms 5 and 6 of the First Schedule respec tively. (2) The notices shall be given publicly by notice in the Gazette or by way of announcement on the national radio or television or in the newspapers or by gong gong of a chief or other expeditious 9 LAND TITLE REGISTRATION REGULATIONS, 1986 medium of mass communication or by notice served personally on the adjoining owners or persons who claim to have any interest in the land to which the notice relates and also a copy of the notice shall be displayed or posted conspicuously at any vantage place on the land in the registration district. L.I. 1341. 7. (1) Subject to section 39 of the Law, every beacon or mark Bou~ary defining a corn~r point of a parcel shall be composed of such material mar • etc. and erected and maintained in such manner as the Director of Surveys may determine. (2) No application for first registration shall be accepted by the Land Registrar until it is proved to his satisfaction that the corner points of the parcel referred to in the application have been duly marked in approved manner. 8. (I) Any person may at any time before the completion of the Objcc~ions registration, by notice in writing signed by him or his agent authori- !fo~egistra sed in writing by him, object to the registration. · (2) Such notice shall state precisely the grounds of the objection and the address in Ghana of the person objecting. 9. (1) The Land Registrar shall thereupon determine the objection H~iI?g of and the land affected by the objection shall not be registered until obJect1ons. the objection has been withdrawn or otherwise disposed of. (2) Any person who lodges any objection without reasonable cause shall be liable to pay compensation to any person who may have sustained damage or who has incurred costs or expenses by reason of the objection having been lodged. 10. Where the applicant has no documents of title, he may make Prima facie a statutory declaration to that effect in Fo1m 7 of the First Schedule ~idenc~ on to the Land Registrar and, if the Land Registrar is satisfied on ti;~ regiSlra inquiry or otherwise that the applicant is in possession or receipt of the rents and profits of the land, the statutory declaration shall be taken as prima facie evidence of his right to apply for registration as first proprietor. 11. Upon the registration of land or interest in land the instru- Comp letion ments of title shall be endorsed with a memorandum of registiation f-f reg15tta in Form 8 of the First Schedule and shall, unless otherwise required 10 "· under the Law, be returned to the applicant. 12. (1) Application for the registration of a flat shall be in Form 4 Registration of the First Schedule and shall be acccmpanied by a strata plan. of flats. L.I. 1341. 10 Certificate of Director of Surveys. Registration of cellars, tunnels, etc. Minerals and mines. Form of caveat against registration. Notice of cave·ats. Withdrawal of caveats. LAND TITLE REGISTRATION REGULATIONS, 1986 (2) The strata plan shall (a) delineate the external surface boundaries of the parcel and the location of the building in relation thereto; {b) state such particulars as may be necessary to identify the title to such parcel; (c) include a drawing illustrating the lots and distinguishing such lots by numbers or other symbols; (d) define the boundaries of each lot in the building by reference to floors, walls, and ceilings; and (e) show the approximate floor area for each lot. (3) Unless otherwise shown in the strata plan, the common boundary of any lot with another lot shall be the centre of the floor, wall or ceiling, as the case may be. 13. Every strata plan shall be endorsed with c~rtificate of the Director of Surveys that the building shown on the strata plan is within the external surface boundaries of the parcel. 14. On the registration of a proprietor of a cellar or tunnel or other underground space apart from the surface, a plan shall be furnished of the surface under which the interest to be registered . lies and such other description as the Land Registrar may deem necessary. 15. On the registration of land in respect of which any mining lease has been granted under the Minerals and Mining Law, 1986 (P.N.D.C.L. 153), a plan showing as accurately as is practicable the surface under which the minerals lie, shall be deposited in the Regis try, together with such other plans, sections and further description (if any) as th'! Land Registrar may deem necessary for the purpose of identifying such minerals together with full particulars of ~ny appurtenant rights of access or rights incidental to the working of the minerals that may be subsisting and intended to be entered in the register. 16. A caveat required to be lodged under section 111 of the Law shall be in Form 9 of the First Schedule. 17. The notices relating to caveats required to be served by the Land Registrar under sections 112, 113 and 116 of the Law shall be in Forms 10, II and I 2 of the First Schedule respectively. 18. (I) An application for the withdrawal or removal ofa caveat in respect of the whole or part of any land to which it relates shall be in Form 13 of the First Schedule. 11 LAND Ti11.,E REGISTRATION REGULATIONS, 1986 (2) Where the withdrawal is in respect of a part only of the land the application shall refer to, and be accompanied by sufficient particulars, by a plan or other means to identify on the registry map, the part to which the withdrawal relates. L.I. 1341, 19. At any time after the notice required by subsection (1) of Consent of section l 12 of the Law has been served, the caveator may, by writing caveator. signed by himself, consent to the registration. 20. (l) An application for registration of a restriction by an order Application of the Court under section 118 of the Law shall- for a . restnction. (a) be in Form 14 of the First Schedule; (b) state the particulars of the restriction required to be entered in the register; (c) be signed by the applicant or his agent; and (d) be accompanied by a certified copy of the order of the Court; and (e) be proceeded with as the Land Registrar shall direct. (2) A restriction by the Land Registrar under section 118 of the Law shall be in Form 15 of the First Schedule. 21. An application for the removal or variation of a restriction Removal or shall be in Forms 16 and 17 of the First Schedule respectively. variati~n.of a restnctton. 22. (1) Land certificate and provisional certificate shall be in Form of Forms 18 and 19 of the First Schedule respectively. land cerdtifi cate an (2) Every land certificate or provisional certificate shall be pro~ 6 'sional I d "th h · I ecru cate. sea e w1 t e registry sea . 23. Whenever any easement in or over land ·comprised in the Memorials of register is created for the purpose of being annexed to, or used and easements enjoyed together with other land, the Land Registrar shall enter a memorial of the instrument creating the easement in the register and on the land certificate or provisional certificate relating to such other land. 24. (1) The Land Registrax shall note upon every land certificate Existing and every provisional certificate, in such manner as to preserve their bncum- t priority, the memorials of all unsatisfied mortgages, leases or other J:!a:~ ~n interests outstanding to which the land is otherwise subject at the certificate. time of issuing such certificate and any documents dealing with such mortgages, leases or other interests. (2) Where a land certificate or provisional certificate is cancel led upon transfer of land to which it relates and a new certificate is being issued, the new certificate shall be made to correspond with the register. L.I. 1341. Proprietor may claim one certifi cate in res pect of land held under several certificates. Lost land certificate, provisional certificate, etc. Method of application. Publication of applica tion. Notice of objection. 12 LAND TITLE REGISTRATION REGULATIONS, 1986 25. Upon application by any proprietor of land held under two or more land certificates or provisional certificates the Land Regis trar may issue to the proprietor a single certificate for the whole land. 26. (l) An application for a substituted land certificate or pro visional certificate under section 53 of the Law shall be accompanied by a statutory declaration setting out the circumstances of loss or destruction or unavailability of the certificate. (2) The Land Registrar, if satisfied with the application may issue a substituted certificate and shall make a note thereof in the register. (3) The Land Registrar shall, before he issues such substituted certificate, give notice in Form 20 of the First Schedule in the Gazette and in at least one local newspaper. PART II-ADJUDICATION PROCEDURE 27. (1) Every application to the Committee for the adjudicati~n of title or demarcation or readjustment of any boundary under the Law shall be made in triplicate in Form 21 of the First Schedule. (2) An application may be made by two or more persons jointly, whether the land in which they are interested is the same land or different parts of the land. 28. (l) Upon receipt of an application, the Committee shall issue a notice in Form 22 of the First Schedule to persons who appear to be entitled to any interest in the land and may for this purpose require the applicant to furnish any document or other information which it may consider necessary. (2) The notice shall require a person claiming any interest in the land who objects to the applicant's title to send to the Committee and to the applicant within such time not being less than twenty-one days from the date of the notice, as may be specified, any objections that he may have to the application. 29. (1) An objection to the application shall be in Form 23 of the First Schedule. (2) If no notice of objection is received by the Committee within the time allowed for the purpose, the Committee may make an order in the terms of the application without formal hearing. (3) The Committee may, if having regard to the grounds of the objection it appears to them that the applicant is not the proper person to lodge the objection, dismiss the objection. 13 L.I. 1341, LAND TITLE REGISTRATION REGULATIONS, 1986 30. If at the hearing of an application it appears to the Committee P?wcr to . t~at any person who ~as not r~ceived notice of the applica~ion oth~r- ~:;i ~~te. wise than by advertisement 1s a person to whom specific notice should be given, the Committee shall require the applicant to give notice to that person and may adjourn the hearing for the purpose of enabling such person to make an objection. 31. (I) The Committee shall sit in such places as the Chairman Sittings of of the Committee may from time to time appoint and may, where gie ·uee it considers it expedient, sit with the aid of assessors to determine ommx · any dispute before it. (2) The Committee shall send to each party to any proceedings before it a notice in Form 24 of the First Schedule informing him of the place and date of the hearing which shall not be earlier than twenty-one days after the date on which the notice is sent. (3) The Committee may issue summons in Form 55 of the First Schedule to any person to appear before it as a witness in connection with any proceedings. 32. At the hearing the party by whom the proceedings were Procedure at instituted shall begin and the other parties shall be heard in such hearing. order as the Committee may determine. 33. Evidence before the Committee may be given orally or in Evidence. such other manner as the Committee may direct. 34. In any proceedings before the Committee any party may Right of appear and be heard in person, or by counsel or by a representative audience. appointed in writing by him. 35. (1) If, before or at the hearing of an application, it appears Enquiry from to the Committee that it is expedient to make enquiries in relation chiefs. to the title from the chief in whose area the land affected is situated, the Committee may direct such enquiries to be made as it thinks fit and may adjourn the case until the chief's reply is received. (2) The chief shall within twenty-eight days after receiving the notice of the enquiry send his reply to the Committee. 36. The Committee may, or shall at the reasonable request of any Inspection party to the proceedings, enter upon and inspect any land which is gland by the the subject of proceedings before the Committee. ommittee. 37. (I) Subject to sub-paragraph (3) of this paragraph, any party Di~closure to any proceedings before the Committee shall furnish to the Com- of 1~stru· mittee any instrument or other information as it may require. mens. L.J. 13-41, Failure to supply instrument. Decision of the Committee. 14 LAND Tl1LE REGISTRATION REGULATIONS, 1986 (2) The Committee shall afford all other parties to the pro ceedings an opportunity to inspect the instrument. (3) Nothing in this paragraph shall be deemed to require the furnishing of any information which it would be contrary to the public interest to disclose. 38. Where any party to proceedings before the Committee fails to send a copy of any instrument required under these Regulations to be sent to any other party or to the Committee, the Committee may direct that a copy of such instrument be sent to the person concerned or the proceedings be adjourned, as may be necessary. 39. (1) The decision of the Committee shall be given in writing together with a brief statement of the Committee's reasons for its decision. (2) The Committee shall send copies of the decision to every party to the proceedings. (3) Any person who is aggrieved by any decision of the Committee shall lodge an appeal in Form 25 of the First Schedule. , Form of 40. (l) An adjudication record under section 28 of the Law shall ~~~~~don be in Form 26 of the First Schedule. (2) A certificate of adjudication under section 29 of the Law shall be in Form 27 of the First Schedule. Objection. 41. (I) An objection to an adjudication record or demarcation map may be lodged with the Committee in Form 28 of the First Schedule. (2) Upon receiving the objection the Committee shall enter particulars of the objection in a book and shall forthwith serve a copy on each of the persons who appeared as parties to the pro ceedings. (3) Every person upon whom a copy of the objection is served shall, if he intends to appear at the hearing of the objection, give written notice of his intention so to do stating (i) whether he intends to appear separately or jointly with some other person; (ii) the grounds on which he intends to rely; and (iii) an address at which documents may be served on him. (4) Such notice shall be given to the Committee within 30 days from the date of the publication of the notice of the completion of the adjudication record in the Gazette. 15 L.I. 1341. LAND TITLE REGISTRATION REGULATIONS, 1986 42. An obiection may be withdrawn by written notice of with- Withdrawal J • of objection. drawal signed by all parties to the proceedings or their agents. 43. Except as otherwise provided in these Regulations the Com- Costs. mittee may award co&ts in respect of, or incidental to, any proceed ings. 44. The time appointed by or under these Regulations for doing ~xtension of any act or taking any steps in connection with any proceedings may time. be extended by the Committee for such further period as the justice of the case may require. 45. A party to any proceedings may at any time by notice in Change of writing to the Committee notify the Committee and all the parties address. of any change in his address for service under these Regulations. 46. If any person to whom any notice or other document is required to be sent for the purpose of these Regulations cannot be found or has died or is out of Ghana or if for any other reason service upon such person cannot be readily effected, the Committee may dispense with service upon such person or may make an order for substituted service upon him or in such other manner (whether by advertisement in a newspaper or otherwise) as the Committee may think fit. Substituted service. 47. Any failure on the part of any person to comply with the Failure to provisions of these Regulations shall not render the proceedings or comply ~ith anything done in pursuance thereof invalid unless the Committee Regulations. otherwise directs. 48. The Committee shall have power to administer oaths and Administra take affirmations for the purpose of affidavits used in proceedings tion of oath. before the Committee. 49. (1) The register shall be in Form 29 of the First Schedule Form of and shall contain such entries, notes and other information relating register. to instruments as are required or permitted by the Law or Regu lations made thereunder to be registered or entered or no:ed therein. (2) Each folio of the register shail bear a distinguishing nuri1 ber. 50. The Land Registrar may at any time open a new edition of New editions the land register or any part thereof showing only subsisting entries ofregister, and omitting therefrom all entries that have ceased to have any etc. effect. L.I. 1341. Power of Land Regis trar to decline to enter impro• per forms. Instruments dealing with portions. Entry of instruments in the pre sentation book. Notice to be sent to proprietors. Lease re quired to be produced for endorsement. Transfer of subdivisions or portions of land. 16 LAND TITLE REGISTRATION REGULATIONS, 1966 PART III-DEALINGS WITH REGISTERED LAND 51. If it appears to the Land Registrar that any instrument or particulars to be entered in the register are improper in form or substance or are not clearly expressed, or do not indicate with sufficient precision the particular interest or land which they are intended to affect, or refer only to matters which are not subject of registration under the Law, or being a condition, does not run with the land, or is not capable of being legally annexed thereto, or of affecting assigns by registration of a caveat or other entry or being a restriction, is unreasonable and calculated to cause inconvenience or is otherwise expressed in a manner inconsistent with the principles upon which the register is being kept, he may decline to enter such instrument or particulars in the register. 52. An instrument dealing with part of the land comprised in a title shall be accompanied by a plan signed by the Director of Surveys and by or on behalf of the grantee, showing the part of the land being dealt with unless such part is clearly defined by reference to the registry map. 53. Instruments or applications presented to the Registry for registration shall be entered upon receipt in the presentation book in the order in which they are presented and shall be numbered accordingly. 54. (1) Where an instrument or application is presented for registration the Land Registrar shall send a notice in Form 6 of the First Schedule to the person by whom the instrument or application is purported to have been made. (2) The notice shall be sent by post or in such other manner as the Land Registrar shall direct and shall state that the person to whom it is addressed will have fourteen clear days from the posting of the notice within which to lodge objections. (3) In the absence of any objection at the expiration of the specified period, the registration may be completed. 55. Where a registered lease or mortgage requires as a condition that a disposition affecting the lease or mortga,e shall be made with the consent of the lessor or mortgagee or his agent, it shall be suffi cient to endorse such consent on the lease or mortgage and such endorsement shall not be made on the land certificate or provisional certificate. 56. Where upon transfer of one or more subdivisions or portions of any land in respect of which a land certificate or a provisional certificate has been issued and such certificate is cancelled, the Land 17 LAND TITLE REGISTRATION REGULATIONS, 1986 Registrar shall issue a new certificate in respect of each subdivision or portion to the transferee and a new certificate in respect of the remaining portion to the transferor. L.1. 1341. 57. A transfer of any land on the folio of the register shall be f0 r°}i of made in· Fonn 30 of the First Schedule. rans er. 58. (I) A transfer of land on the folio of the register- Transfers (a) without minerals shall be made in Form 31 of the ~~~~is. First Schedule; (b) with certain specified minerals shall be made in Form 32 of the First Schedule; ( c) with minerals, other than certain specified minerals, shall be made in Form 33 of the First Schedule. (2) A transfer of minerals without the land shall be made in Form 34 of the First Schedule. (3) The transferee shall be registered as proprietor of the land, with a note to the effect that the minerals or that the minerals other than certain specified minerals or that certain specified minerals, as the case may be are excluded. (4) The transferor shall, if entitled to the minerals excluded, be registered as the proprietor thereof. 59. A transfer of land on the folio of the register in exercise of a Sale by power of sale contained in a registered mortgage or charge shall be mortgagee. made in Form 30 of the First Schedule. 60. A transfer of lease on the folio of the register shall be made in Transfer of Form 35 or 36 of the First Schedule as the case may be. lease subject to a rent. 61. Where the power of transfer of registered land or interest in Where the land has, by the operation of any enactment or by order of the power of Court, become vested in a person other than the proprietor and the ;~~?:{:et proprietor refuses to execute such transfer, or his execution of land or such transfer cannot be obtained, or can only be obtained after t:.:~est has undue delay or expense, the Land Registrar may- vesi1~n (a) after. due notice under these Regulations to such atperh sothn . o er an proprietor; the propric• (b) on production of the 1and certificate, or provisional tor. certificate, unless an order to the contrary is made by the Land Registrar; and (c) on such other evidence as he may deem sufficient, make such entry in or correction of the register as under the cir cumstances he shall deem fit for the purpose of giving effect to the enactment or the order of the Court, as the case may be. L.I. 1341. Transfer imposing restrictive agreements. Transfer by way of exchange. Form of mortgage. Certificate of registration under Com panies Code. Discharge of a registered mortgage. Transfer of mortgage. Registration of proprietor of encum brance prior to first registration of land. Disposition of encum brances. 18 LAND TITLE REGISTRATION REGULATIONS, 1986 62. (I) A transfer of land on the folio of the register imposing restrictive agreements shall be made in Form 37 of the First Schedule. (2) An application for the cancellation of a restrictive agree ment shall be made in Form 38 of the First Schedule. 63. Where any registered land is exchanged for another registered land, the exchange shal.I be made in Form 39 of the First Schedule. 64. (l) A mortgage of registered land shall be made in Form 40 of the First Schedule. (2) An application to vary the terms of a registered mortgage shall be made in Form 41 of the First Schedule. · 65. On the registration of a charge created upon a registered land by a company registered under the Companies Code, 1963 (Act 179) there shall be produced to the Land Registrar a certificate under section 107 of the Code that it has been registered under that section. 66. A discharge wholly or in part of a registered mortgage sh~ll be made in Form 42 of the First Schedule and shall be signed by the proprietor of the mortgage, but the Land Registrar shall be at liberty to accept and act upon any other proof of satisfaction of a mortgage which he may deem sufficient. · 67. A transfer of a mortgage shall be made· in Form 43 of the First Schedule. 68. (1) Where it appears that any perso11 is entitled to an en cumbrance created prior to· the first registration of land, the Land Registrar shall, on the application or with the consent of the person so entitled and on due proof of his title and after notice to the proprietor of the ]and, register such person as the proprietor of such encumbrance. · (2) Where there are two or more such encumbrances, their · relative priorities shall not be affected by the registration of some or one of them only, or by the order in which such of them as are registered are entered in the register. 69. After the registration of the proprietor of an encumbrance, all transfers and other dispositions thereof or thereunder shall be ente~ed in the register and subject to any entry to the contrary in the register, rank as between themselves for purposes of priority in the c,rder in which they are registered. Form of 70. All forms prescribed under these Regulations in respect of drisposition mortgages may be adapted for other transfers or dispositions of oanencum- b fli ·Id · ·Id brance. encum ranees a ectmg an or mterest m an . 19 LAND TITLE REGISTRATION REGULATIONS, 1986 ·· 71. (I) An application by a personal represen~tive to be regis tered as proprietor shall be m Form 44 of th~ First Schedu!~ and shall be accompanied by the relevant land certificate or prov1s1onal certificate and by evidence to the satisfaction of the Land Registrar that he is by virtue of the probate or letters of administration entitled to have the land vested in him. (2) Where a personal representative has been registered as proprietor and another personal representative applies to be regis tered as proprietor, the Land Registrar shall, after notice to the first mentioned personal representative, make the necessary alteration in the register upon production by the applicant of the probate or letters of administration obtained by him. 72. (1) For the purposes of subsection (2) of section 103 of the Law, the personal representative of a deceased proprietor may without himself being registered as proprietor transfer any registered land or interest in land of which the deceased was registered as proprietor, or may dispose of it by way of assent or appropriation. (2) Where the personal representative assents or appropriates or executes a vesting assent the instrument shall be in Form 45 or 46 of the First Schedule as the case may be. L.I. 1341. Registration of a personal representa t.ive. Transfer by personal re presentative. 73. An application by a trustee in bankruptcy or insolvency Registration under section 105 of the Law shall he in Form 47 of the First oftn:steein Schedule and shall be accompanied by the order of the Court and ~:,nkruptcy the relevant land certificate or provisional certificate. insolvency. 74. On the death of a proprietor registered as Official Trustee Death of under the Insolvency Act, 1962 (Act 153) his successor in office Official shall upon application be registered as proprietor. Tru5lee. 75. (1) Where a trustee in bankruptcy or insolvency has been Wher~-~0~ registered as proprietor, and, bf reason of any act or omission or an perty order of the Court, he has been divested of his interest in.the land, t~s~e: he may give notice to the Land Registrar in Form 48 of the First c • Schedule. (2) Unless the Court otherwise orders, the notice shall be entered in the register as well as any restriction against dealings affecting the land. PART IV-MINOR ENTRIES IN THE REGISTER 76. (1) A lease of registered land shall be in Form 49 of the Registration First Schedule. cf leases. (2) An application to register a lease may be made either by the lessee or by any person entitled to or interested in the lease or by the proprietor of the land against which the lease is to be registered. L.I. 1341. 20 LAND TITLE REGISTRATION REGULATIONS, 1986 (3) Consent to the registration of a lease or agreement may be given either before or after its execution. Two or more 77. For the purpo.;es of subsection (3) of section 14 of the Law, ipphcants if any person who has not been registered as proprietor of the land p~fefiisiip of or of an interest therein shows that he is also a proprietor of such same land. land or interest, the Land Registrar shall effect the registration of Severance of minerals from the land. that person by adding a note in the register. 78. Where it appears from the documents or abstract of title furnished, or from the admission of the proprietor of the land, or from any other source, that minerals are severed from the land, the Land Registrar shall enter a note in the register that such minerals are excluded from the registration. Note of va- 79. The variation of a lease or other right, or interest registered riation of or noted in the register shall be notified in such manner as the Land ~=;~·• in Registrar shall deem appropriate. Merger of registered interests. Notice of lieposit of land certifi cate or provisional certificate. Notice of intended deposit of land certifi cate or provisional certificate. Cancellation of certificate upon com pulsory acquisition by the State. 80. Upon the merger of interests under section 64 of the La~, the Land Registrar shall make a note in the register and, in the case of a lease or mortgage, cancel such lease or mortgage. 81. (1) Any person with whom a land certificate or provisional certificate is deposited as security for money shall give notice in Form 50 of the First Schedule to the Land Registrar. (2) On receipt of such notice the Land Registrar shall enter a note of the deposit in the register and shall give a written acknow ledgement of its receipt. 82. (1) A person applying for registration as proprietor of any land or interest in land may give notice in writing, signed by himself to the Land Registrar, that he intends to deposit the land certificate or provisional certificate when 'issued, with another person as security for money. (2) The notice of such intended deposit shall state the name and address of the person with whom the certificate is to be deposited, and shall describe the land to which the certificate relates by reference to the registry map. (3) The Land Registrar shall enter notice of the intended deposit in the register and give a written acknowledgement of its receipt. 83. When a land certificate or provisional certificate is produced upon the compulsory acquisition of land by the State the certificate shall be cancelled and retained in the Registry. 21 L.I. 1341, LAND TITLE REGISTRATION REGULATIONS, 1986 84. (1) The Land Registrar shall have power to retain a land ~Pose f(!r certificate orprovisionalcertificateproduced under section 55 of the ~::ih i:~t Law for the purpose of making an entry thereon. retained. (2) On the registration of any transaction for which the production of a certificate is required the memorials in the register shall be made to correspond with the certificate before it is re-issued. 85. A land certificate or provisional certificate may be deposited Jerti~C:e r. in t~e Registry with written direc~ions that it is ~o be held for a 5~~ P;~ specified purpose only, and a certificate so deposited shall not be pose only. used in the Registry for any purpose, without the written consent of the person by whom such directions were given. 86. Where a land certificate or provisional certificate is deposited Receipt ~or for the cancellation of mortgage or charge therein referred to, a ~~: :ri•fi special receipt in Form 51 of the First Schedule shall be issued to provisional the proprietor and, the receipt shall be produced to the Land Regis- certificate. trar on every application by the proprietor of the land to enter a disposition or any transmission thereof. 87. Where an instrument contains the true statement of the Value to be amount or valuo of the purchase price, loan or other consideration ~!~~ In in accordance with section 92 of the Law, the Land Registrar shall · enter the amount OJ value of the purchase price, loan or other con sideration in the register. 88. The Land Registrar may, from time to time, make any formal Change of alterations in the register as to any change in the name, address or ~~ or description of any proprietor. description. 89. In each registration district the local government authority Particulars responsible in the district shall furnish the Land Registrar with 1! ~~:f5 particulars of any alterations of names and numbers of streets and names, etc. houses in the district. PART V-FEES 90. On an application for first registration of land other than First registration falling under paragraphs 91, 92, 9 3, 94, 95 or 96 registration. below, the scale of fees specified in Part I of the Second Schedule shall apply. 91. On an application for first registration by an original lessee Firs t r:l:s or his personal representative on the grant of a lease other than a :J:ri!I Y lease at a rack rent, the scale of fees specified in Part II of the Second· Jessee. Schedule shall apply. 9l. On an application for first registration on the grant of a lease Rack rent at a rack rent the scale of fees specified in Part m of the Seoond leases. Schedule shall apply. L.I. .1341 Concessions, etc. Farm land. Commercial or industrial plots. Churches, schools, hospitals, burial grounds, etc. Dealings for value. Voluntary transfer. 22 LAND TITLE REGISTRATION REGULATIONS, 1986 93. On an application for first registr~.tion of a grant under the Concessions Ordinance (Cap. 136) or the Concessions Act, 1962 (Act 124) or a mining lease granted under the Minernls and Mining Law, 1986 (P.N.D.C.L. 153) the scale of fees specified in Part IV of the Second Schedule shall apply. 94. On an application for first registration by <'. farmer of deve loped farm land the scale of fees specified in Part V of the Second Schedule sh:-!.ll apply. 95. On an application for first registr[l.tion of a commercial or industrial plot the scale of fees specified in Part VI of the Second Schedule shall apply. 96. On an application for first registration of a church, school hospital, burial ground, pky ground, open space, recreational ground or undeveloped fa.rm land, the sec.le of fees specified in Part VII of the Second Schedule slw.11 apply. 97. On an application for registration of a transfer on sale, first or subsequent mortgage or charge, equitable mortgage (other th~.n an additional or substituted security) the scale of fees specified in Part VIII cf the Second Schedule shall apply. 98. On application for registration of a voluntary transfer the scale of foes shall be the same as specified in Part I of the Second Schedule. Transfer in 99. On application for the registration of a transfer in considera consideration tion of marriage the scale of fees shall be the same as specified in of marriage. Part VIII of the Second Schedule. Transfer of mortgage or charge for value, etc. Vesting order, decla ration or transfer by a company under a scheme fur arrangement or amalga mation. Transfer by way of parti tion or excha·nge. Land regis tered under Act 122. 100. On application for the registration of transfer of a mortgage or charge or otherwise or· appropriation the scale of fees !">hall be the same as specified in Part VIII of the Second Schedule. · . 101. On application' for the registration of a vesting order or declaration or transfer by a company under a schemcffor arrange~ ment or amalgamation the scale of fees shall be the same as specified in Part VIII of the Sl!cond Schedule. 102. On application for the re!;istration of transfer by way of exchange or partition or division of land where the consideration exceeds i200.00 the scale of fees shall be the same as specified in Part VIIl of the Second Schedule. . 103. On application for the registration of land previously regis~ tered under the Land Registry Act, 1962 (Act 122) the s~me fee as specified under Part I to VII of the Second Schedule subject to such abatement (if any) as the Land Registrar may direct. · 23 L.I. 1341 .. LAND TITLE REG/STRATION REGULATIONS, 1986 104. On application for conversion from one class of registered Conversions. title to another not falling under Part I of the Second Schedule, the same fee as specified in Part VIII of the Second Schedule shall apply subject to such abatement (if any), as the Land Registrar may direct. 105. The fees specified in the Third Schedule shall be paid in Miscella• f h t hi h th I t neous fees. respect o t e matters o w c ey re a e. 106. (1) Where. a mortgage or charge by an applicant for first Al;.tement registration is lodged with the application, no fee shall be paid on ~o;:a~ or the mortgage or charge. charge. (2) Where the mortgage or charge is lodged after the date of application for first registration bnt before the issue of the land certificate or provisional certificate, the fee on the mortgage or charge shall be reduced to one half. 107. Where a mortgage or charge by the transferee under a Mortgage or transfer for value is lodged with the transfer, the fee on the mortgage ~~~:pany• or charge shall be reduced to one half. ing a transfer for value. 108. Where a mortgage or charge or encumbrance is secured on Mortgage or the-same land but part of that land is unregistered land, the fee on ;~;!ion the mortgage or encumbrance shall be reduced to one half. registered and unre gistered land. 109. The fee on a mortgage or charge by way of additional or Atdi~ionaJ or substituted security shall be one half of the fee ch3.rgeable under :Ct:l!t Part VITI of the Second Schedule. 110. Where land subject to a registered mortgage or charge or Transf.:r of encumbrance is transferred to another person subject to that mort- i:t.,~~1:.ge or gage or charge or enoumbrnnce the amount outstanding on the mortgage or charge shall 1:,e added to the consideration in respect of the transfer for the purposes of assessing the fee chargeable. 111. On the registration· of the discharge of a mortgage or charge, Discharge of the fee shall be calculated at the rate of one half of the relevant fee n:iortgage or in Part VIII of the Second Schedule. c arge. 112. On the registration of a transfer of land or assignment <:>f ;ran~fer of leasehold in consideration of the value of the crop or crops produced s=~~i::r on ·the land comprised in the instrument, the fee shall b~ SZl 00.00. the value of crops. 113. On application fer first registration of land the instrument of Act 122 which has previously been registered under the Land Registry Act, cases. 1962 (Act 122) the fee previously paid shall be deducted from the relevant fee specified in the Second Schedule. L.I. 1341. Government departments, local authori ties, etc. When fee is payable. Mode of payment of foes. Excess amount under 12:2.00 not return able. Cancellation of appliC'.1 tion. Determina tion of value of land. Variable rents. Purchase by reversiODCr• 24 LAND TITLE REGISTRA110N REGULA1/0NS, 1986 114. On an application for first or subsequent registration of the State or local authority the scale of fees specified in the Seoond Schedule in relation thereto shall be reduced to one half unless the Chief Registrar otherwise directs. 115. (I) Where the amount of a fee is immediately ascertainable, jt shall be paid on the delivery of the application. (2) Where the amount of a fee is not immediately ascertain able, or where expenses for advertisements or otherwise will be incurred by the Registry such deposit on account shall· be made as the Land Registrar shall direct. 116. (1) Fees may be paid by bankers' draft or by postal order or by cheque drawn to the order of the Government of Ghana: Provided that when the fees are paid by cheque the registra tion shall not be completed until due time has been allowed for the cheque to be cleared, and that if the cheque is not honoured the application for registration shall be cancelled and the document tendered for registration returned to the applicant. (2) All fees shall be paid to the cashier at the Registry. (3) Fees payable under these Regulations shall be paid by any person resident outside Ghana in such foreign currency as the P.N.D.C. Secretary responsible for Finance may determine. 117. If an amount greater than the specified fee is forwarded to the Registry, the excess amount, if not exceeding fl2.00, shall not be refunded. 118. If an application for first registration of land or interest in land or for any entry in the register or other matter is cancelled or withdrawn, no part of the fee paid shall be refunded. 119. (1) On the first registration of land or interest in land or on registration .of any transfer of land on sale, if the application for registration of the land or interest or transfer is made within one year of the sale, the value of the land shall be determined by the amount of the purchase price. (2) On the first registration cf land or interest in land or of any transfer of land not upon a sale, or if more than one year has elapsed since the sale, the value of the land or interest .shall be ascertained by the Land Valuation Board. 120. Where the rent reserved in a lease is variable the fee shall be chargeable on the annual average rent. 121. On first registration of the purchase of a leasehold by the reversioner, or of the reversion by the lessee, thefee payable shall be calculated on the combined value of the land. 25 L.l. 1341. LAND TIT'LE REGISTRATION REGULATIONS, 1986 122. Where an application affecting several titles is lodged for ~tf!1li;;ion registration there shall be paid in respect of each title the relevant several titles. fee specified in the Second or Third Schedule as the case may be. 123. On the registration of a mortgage or charge to secure future Charge to d ~~ a vances- . ther advance. (a) where the total amount is in any way limited, the fee payable shall be the same as specified in Part VIII of the Second Schedule in relation to mortgages and charges; (b) where the total amount is unlimited, the fee payable shall be caleulated on the basis of the Stamp Dirty impressed on the instrument, and where there is a further advance, the fee payable shall be the difference between the fee already paid and the total amount of stamp duty impressed on the instrument. PART VI-MISCELLANEOUS 124. Every Registry shall be opened to the public daily from Office hours 09.00 hours to 15.00 hours each day except on Saturdays, Sundays and holidays. and public holidays. 12S. Every inspection shall be made in the presence of an officer of the Registry, and every copy or note of, or extract from, any register or document in the custody of the Land Registrar shall be made by the person making the inspection in pencil only and no ink shall be used. Conditions as to inspec• tions. 126. (1) An application for official search in the register or the Official registry map shall be in Form 52 of the First Schedule. ::f~1~/~/he (2) The Land Registrar, on receipt of such application, shall regiStty map. make the search and issue the certificate accordingly. (3) The certificate of the result of such search shall be in Form 53 of the First Schedule or the like effect. 127. (1) All abstracts and copies of documents and all documents Documents for registration delivered at the Registry shall be retained pending at Registry completion of the registration to which they relate. ~=~r:;c. (2) Abstracts and documents left for reference or otherwise shall be examined and verified.by such person and in such manner as the Land Registrar shall direct. (3) If any registered instrument is lost or destroyed or is so obliterated as to be illegible, whether wholly or partly, the Land Registrar may cause a substitute instrument to be prepared from L.I. 1341. Form of documents to be filed. Documents to be certified. 26 LAND TITLE REGISTRATION REGULATIONS, 1986 such evidence as is available to him and to bl! endorsed with all such entries as were in the original and the Land Registrar shall make and sign a memorandum stating that the substitute instrument is to be used in place of the original. 128. All documents (other than maps or plans) to be filed in the Registry shall be printed, type-written, lithographed, or written on stout paper, foolscap size, and shall allow a sufficient stitching margin, in order that they may be conveniently bound. 129. Every copy of a document delivered by a legal practitioner at the Registry shall be endorsed with his address, and shall be certified by him to be a true copy of the original. Retu~n of 130. All documents not required by the Law to be retained in =::a~dcu- the Registry may, when no longer required be returned to the persons destI"1:1ctiot? who produced them or their successors in title, and the Land Regis pertm~tted 10 trar may direct the destruction of any document which such persons cer am cases. d 1. t t Service of notices and summonses. Statutory declarations and evidence on oath. Printed forms. Questions as to sufficiency of stamp duty. Claims for indemnity. ec me o accep . 131. (1) Summonses by the Chief Registrar or the Land Registrar under section 9 of the Law shall be in Form 54 of the First Schedule. (2) All notices and summonses (not being application to the Court) required to be given or served for any purpose shall be pre pared on the official forms and under the seal of the Registry. (3) If the service is through the post, it shall be made by registered letter. 132. (1) Statutory declarations to be used in the course of regis tration may be made before the Land Registrar, or before any person authorised by law to take statutory declarations. · (2) All declarations shall be filed in the Registry. (3) The Land Registrar may, if he thinks fit, require evidence to be given viva voce before him on oath. 133. All printed forms for use in the Registry shall be supplied upon the payment of such fee as may be determined. 134. When, upon the delivery of any instrument for registration,.,:· a question arises whether the instrument is sufficiently stamped, the instrument shall be referred to the Commissioner of Int~} Revenue for determination. . •;: •· . . ... , ,. 135. (1) Any person claiming to be entitled to an indemnity under section 123 of the Law shall apply in writing to the Chief Regist~~~r (2) The application shall be accompanied by a sta,tutory · · 27 LAND TITLE REGISTRATION REGULATIONS, 1986 declaration comprising the following statements, namely (a) a statement of the nature of his claim against the land or interest and of the error to which the loss is alleged to have been sustained; (b) a statement of the amount of indemnity claimed and of the manner in which the amount has been ascer tained; (c) a statement of the steps, if any, taken by the claimant to prevent the occurrence of such error and obviate the consequences thereof; (d) a statement that the claimant has not caused or sub stantially contributed to the damage by his fraud or negligence or by his predecessors in title or his or their agents; (e) the full name and postal address of the claimant; (f) a statement of the claimant's means of knowledge; (g) if the claimant is a person deriving title from a person entitled to indemnity, the declaration shall also state how such title has been derived. (3) A copy of the statutory declaration shall be served on such persons and within such period as the Chief Registrar may direct. ( 4) At any time after the expiry of twenty one days from the receipt of a claim, the Chief Registrar shall ref er the claim, together with his views thereon, to the P.N .D.C. Secretary responsible for Finance who may allow or disallow the claim. L.I. 1341. 136. In these Regulations unless the context otherwise requires- Interpreta tion. "Committee" means the Land Title Adjudication Com- · mittee established under section 22 of the Law; "Law" means the Land Title Registration Law, 1986 (P.N.D.C.L. 152); "strata plan" means a plan which (a) is described in the register as a strata plan; (b) shows the whole or any part of the land comprised therein as being divided into two or more strata, whether or not any such stratum is divided into two or more lots; and includes a plan on re-subdi vision of any lots in a strata plan. L.I. 1341. 28 LAND TITLE REGISTRATION REGULATIONS, 1986 FIRST SCHEDULE FORM 1. (Regulation 1) Application for First Registration of Land other than Leasehold with Statutory Declaration in support tbereof LAND TITLE REGISTRATION LAW, 1986 District ......................................... . Date ............................. . Block ............................................ . Section ................................ , ........ . Value Sl ......................................... . Registry Fee Sl ................................ . I, A. B., of etc., hereby apply to be registered as proprietor of the land described above. 1. The said land is delineated on registry map number ............ of .......... .. and shown on plan number ............ of............ annexed hereto and thereon edged with red. 2. I am in exclusive possession of the said land and all buildings thereon. ( or The said land is occupied) or (if unoccupied add"un" to the word occupied, if occupied, add the name of the occupant and the nature of his occupancy. ( or I have been) ( or The C stool or family have been in undisputed possession of the property for upwards of ............ years) or I purchased the land from Z on (date of conveyance) and paid the whole of the purchase money of sz; .............. . to him ( or otherwise as the case may be.) 3. The deeds and documents accompanying this application and mentioned in the accompanying list in triplicate signed by me and dated ............... are all the deeds and documents relating to the land which I have in my possession or under my control. (To be signed by A. B.) STATUTORY DECLARATION IN SUPPORT OF THE ABOVE APPLICATION I, A. B., of etc., solemnly and sincerely declare as follows: 1. I am entitled absolutely for my own benefit to the above-mentioned land (or I am a representative of the C stool or family or as the case maybe). 2. I am not aware of any contract or agreement for sale, or ofany mortgage, charge, lien, lease, restrictive agreement, or other encumbrance (if so: except as stated in the conveyance dated ............... or, in the Schedule hereto) affecting the land or any part thereof. 29 L.I. 1341. LAND TITLE REGISTRATION REGULATIONS, 1986 3. There is no person in possession or occupation of the land or any part thereof adversely to my ( or the) interest therein. (If so: except as stated in the above application). 4. The land including all buildings and other improvements thereon i;; of the value of SZ .............. . 5. All deeds, wills and documents of title, and all charges and encumbrances, as well as all facts material to the title, have been disclosed in the application and I am not aware of any question or doubt affecting the land or any part thereof, or of any matter or thing whereby the title is or may be impeached, affected, or called in question in any manner whatsoever. 6. No person interested in the land is an infant or person of unsound mind or other disability. THE SCHEDULE OF ENCUMBRANCES ( e.g. restrictive agreement contained in a Deed dated ............... etc., particulars of which are given in the accompanying abstract, or, a lease dated-the counter part of which accompanies this application or mortgage dated ............... in favour of ............... etc.). 7. I make this solemn declaration conscientiously believing the same to be true and by virtue of the Statutory Declarations Act, 1971 (Act 389). Declared by the said A. B. at ..................... this ......... day of .............. . before me: (Signature of A. B.) Commissioner Jor Oaths FORM 2. (Regulation 1) Application for First Registration of Leasehold with Statutory Declaration in support thereof (Heading as in Form l) I, A. B., of etc., hereby apply to be registered as proprietor of the land described above and demised by the accompanying lease dated the ............ of .............................. made between C.D. of ............... of the one part and E.F. of ............... of the other part, and more particularly described therein. I. The said land is delineated on registry map number ............... of . . . . ........ and shown on plan number .................. of .................. annexed hereto and thereon edged with red. 2. I am in exclusive posses.sion of the whole of the said land and any build ings thereon. ( or the said land is occupied) (if unoccupied add "un" to the word occupied, if occupied, add the name of the occupant and the nature of his occupancy). L.I. 1341. 30 LAND 1 ITLE REGISTRA1 ION REGULATIONS, 1986 3. I purchased the land from the said E.F. on (date of assignment) and paid the whole of the purchase money of~ ............... to him ( or otherwise as the case may be). 4. The deeds and documents accompanying this application and mentioned in the accompanying list in triplicate signed by me and dated ...................... .. are all the deeds and documents relating to the land which I have in my possession or under my control. (To be signed by A. B.) STATUTORY DECLARATION IN SUPPORT OF THE ABOVE APPLICATION I, A.B., of etc., solemnly and sincerely declare as follows: I. I am entitled for my own benefit to the above-mentioned land. 2. I am not aware of any contract or agreement for sale, or of any mortgage, charge, lien, sub-lease, lease, restrictive agreement, or other encumbrance (if so: except as stated in the assignment dated ............... or in the schedule hereto) affecting the land or any part thereof. 3. There is no person in possession or occupation of the land or any part' thereof adversely to my interest therein. (If so: except as stated in the above application). 4. The land including all the buildings and other improvements thereon is of the value of~ .............. . 5. Nopersoninterestedin the land isan infant or person of unsound mind or other disability. THE SCHEDULE OF ENCUMBRANCES (e.g. a sub-lease dated ............... the counterpart of which accompanies this application, or mortgage dated ............... in favour of.. ............. etr-.). (To be completed as in Form I) FORM 3. (Regulation I) Application for First Registration of a Company or Corporation as Proprietor of Land (Heading as in Form I) I, A.B., of etc., hereby apply for the registration of (company or corporation) as proprietor of the land described above ( or described in the accompanying conveyance ............... dated ............... and made between C.D. and H.F. or, in the case of leasehold: demised by the lease dated . . .. .. .. . . . . .. . and made between C.D. and E.F. for ............... years from ............... and comprised in the accompanying assignment to the company (corporation) dated ............. .. or as the case may be). 31 L.I. 1341, LAND Tl'TLE REGISTRA1ION REGULATIONS, 1986 2. The said land is delineated on registry map number. . . . . .. . . .. . . . .. . of ............... and shown on plan number ............... annexed hereto and thereon e dged with red. · 3. The deeds and documents accompanying this application and mentioned in the accompanying list in triplicate signed by me and dated ............... are all the deeds and documents relating to the land which the company (corporation) has in its possession. 4. The company (corporation) is entitled for its own benefit (or as personal representative or as the case may be.) 5. The company (corporation) has not created any debentures or debenture stock constituting a :floating charge on the assets of the company (corporation) except as stated in the schedule hereto. (No petition has been presented and no resolution has been passed for the winding up of the company.) 6. I am not aware of any mortgage, charge, restriction or other encumbrance affecting the land or any part thereof except as stated in the schedule hereto. 7. The land including all buildings and other improvements thereon is of the value of i .............. . 8. A certified copy of the memorandum and articles of association and of the certificate of incorporation of the company (or the Act or constitution of the corporation or as the case may be) has also been left herewith. THE SCHEDULE OF ENCUMBRANCES (Particulars of contracts, restrictive agreements, leases ( or sub-leases), mortgages, debentures, etc., that affect the land.) (To be signed by A.B.) FORM 4. (Regulations 1 :i.nd 12) Application for First Registration of a Flat LAND TITLE REGISTRATION LAW, 1986 District ......................................... . Block ............... i ............................ . Section ......................................... . Value i ......................................... . Registration Fee }2' ......................... .. · I, A.B., of etc., hereby apply to be registered as proprietor of the flat known as.............................. forming (part of) the (first floor) of the (building erected on the above land and shown and edged with red on the accompanying strata plan and described in the accompanying conveyance dated etc. ( or demised by the accompanying lease dated, etc. as in Form 2). (Statutory declaration as to title as in Form 1 if applicable otherwise as in Form 2). (To be signed by A.B.) L.I. 1341. 32 LAND TITLE REGISTRATION REGULATIONS, 1986 FORM 5. Regulation 6) Notice by the Chief Registrar of Lands upon the declaration of a Registration District under section 11 of the Law LAND TITLE REGISTRATION LAW, 1986 (Name of Registration District) Pursuant to section 11 of the Land Title Registration Law, 1986(P.N.D.C.L. 152), notice is hereby given that any person claiming to be the proprietor of any land or interest in any land within the above•mentioned Registration District declared by the Secretary for Lands under section 5 of the Law or any part thereof must mark or indicate the boundaries of his land in the following manner (state the manner in which the boundaries are to be marked e.g. the land shall be marked at the corners with beacons, or concrete pillars, or hardwood posts, or as the case may be, and the beacon or concrete pillar, etc., shall be marked with a distinguishing letter or numbers by which the starting point may be identified). All claims must be made on the appropriate application form obtainable ' at (place) accompanied by a plan approved by the Director of Surveys and deeds and other documentary evidence of the title to the land claimed and must be lodged with the Land Registrar at (place) before the ............... day of ........... . 19 ...... Dated the ............... day of ............ 19 ..... . (To be signed by the Chief Registrar of Lands) FORM 6. (Regulations 6, 54) Notice of Application for Registration LAND T1TLE REGISTRATION LAW, 1986 TAKE NOTICE that A.B., of etc., has applied to be registered as proprietor of the undermentioned land and I intend to register him ( or her) as the proprietor of the said land if no objection is lodged to the registration in accordance with regulation 54 of the Land Title Registration Regulations, 1986, at the Registry before the expiration of fourteen days from the date of this notice. , . The land referred to is (here, describe the land and state whether it is freehold or leasehold or as the case may be.) Dated this ............... day of .............................. 19 ..... . (To be signed by the Land Registrar) 33 L.I. 1341. LAND TITLE REGISTRATION REGULA1/0NS, 1986 FOR..\f 7. (Regulation 10) · Statutory Declaration by an Applicant for Registration of Title where no documents are produced LAND TITLE REGISTRATION LAW, 1986 I, A.B., of etc., solemnly and sincerely declare as follows: ]. I and my predecessors in title have been in undisputed possession (or receipt of the rents and profits) of (describe the land by reference to the registry map) for upwards of ............... years last past. (2, 3, 4, 5 and 6 as 2, 3, 4, 5 and 6 in the declaration in Form 1) as the case may require. 7. (Account for the absence of documents.} And I make, etc. (To be completed as Form 1) FoRM 8. (Regulation 11) Memorandum of Registration REPUBLIC (Coat of Arms) OF GHANA Land Title Registry (District) Vol. ............... Folio .............. . Description of Land ....................... . Registered No ....................... .. Nature of Instrument ....................... . Fee~ .................... . LAND TITLE REGISTRATION LAW, 1986 MEMORANDUM OF REGISTRATION This instrument has been duly registered according to law on the ........... . day of .............................. 19 ..... . (To be signed by the Land Registrar) FoRM 9. (Regulation 16) Caveat LAND TITLE REGISTRATION LAW, 1986 District ................................... . Register: Vol.. ........ Folio ....... .. Block ...................................... . Section ................................... . Registry Fee ~ .......................... . To the Land Registrar. L.I. 1341. 34 LAND TITLE REGISTRATION REGULATIONS, 1986 CAVEAT TAKE NOTICE that I, A.B., of etc., claim (specify the interest claimed) in the land described above AND I forbid the registration of any person as transferee or proprietor of and of any instrument affecting the said land or interest absolutely ( or until after notice of any intended registration or registered dealing is given to me at the address hereinafter mentioned or unless such instrument is expressed to be subject to my claim or unless I consent in writing thereto or until this caveat is withdrawn by me or removed by an order of the Court or the Land Registrar or except as follows, as the case may require). I appoint (insert address in the Registration District) as the place at which notices and proceedings relating to this caveat may be served upon me. STATUTORY DECLARATION IN SUPPORT OF THE ABOVE CAVEAT I, A.B., of etc., solemnly and sincerely declare that I am interested in the land referred to in the Caveat now produced and shown to me marked A (here state the nature of the declarant's interest e.g. as purchaser under a contract of sale dated etc. or as equitable mortgagee under a notice of deposit of land or provisional certificate No ............. dated etc. or as the case may be). And I make etc. {To be completed as in Form 1) FORM 10. (Regulation 17) Notice of a Caveat to be served on Proprietor (Heading as in Form 9) TAKE NOTICE that A.B., of etc., has lodged a Caveat against dealings with the (land, lease or mortgage) described above. Dated this ......... day of .............................. 19 .... .. (To be signed by the Land Registrar) FORM 11. (Regulation l 7) Notice by the Land Registrar of bis intention to remove a Caveat LAND TITLE REGISTRATION LAW, 1986 NOTICE OF INTENTION TO REMOVE CAVEAT TWENTY-ONE DAYS from the date of this notice I intend to remove the Caveat lodged by you on the ......... day of .............................. 19 ...... affecting the land described in the Schedule hereto. 35 LAND TITLE REGISTRATION REGULATIONS, 1986 THE SCHEDULE ( Description of land) L.I. 1341. Dated this ......... day of .............................. 19 ..... . (To be signed by the Land Registrar) FORM 12. (Regulation l 7) Notice by the Land Registrar of his intention to register an instrument affected by a Caveat (Heading as in Form 9) TAKE NOTICE that C.D., of etc., has applied to me for the registration of (state nature of instrument) in the register of the land described in the Schedule hereto which land is affected by the Caveat dated the ......... day of.. ........................ . 19 ...... lodged by you in this office on the ......... day of.. ........................... : 19 ..... . AND TAKE FURTHER NOTICE THAT I intend to register the said (state nature of instrument) after the expiration of the twenty-one days from the date of this notice unless an order to the contrary is made by the Court or the (instrument) is withdrawn by the said C.D. THE SCHEDULE (Description of land) Dated this ......... day of .............................. 19 ..... . (To be signed by the Land Registrar) FORM 13. (Regulation l 8) Application to withdraw or remove a Caveat (Heading as in Form 9) I, A.B., of etc., (caveator) hereby apply to withdraw the caveat lodged in my name on the .............................. against the land described above. (To be signed by the applicant) L.I. 1341. 36 LAND TITLE REGISTRATION REGULATIONS, 1986 FORM 14. (Regulation 20) Application to register a restriction under an order of the Court (Heading as in Form 9) r, A.B., of etc., hereby apply to the Land Registrar to enter the following restriction made under an Order of the Court against the land described above. (Particulars of restriction) (To be signed by the applicant) NOTE: A certified copy of the Order must be attached to this application. FORM 15. (Regulation 20) Restriction by the Land Registrar under section 118 of the Law (Heading as in Form 9) I, A.B., the Land Registrar assigned to the above Registry under section 3 (2) of the Land Title Registration Law, 1986 require that the land described above shall not (give particulars or restriction). (To be signed by the Land Registrar) FORM 16. (Regulation 21) Application to the Land Registrar for the removal or variation of a restriction (Heading as in Form 9) I, A.B., of etc., hereby apply to the Land Registrar to remove (or vary) the restriction registered on the (date) against the land described above. (In the case of variation, add the words "as follows" after the words "des cribed above" and give particulars of the proposed variation). (To be signed by the applicant) FORM 17. (Regulation 21) Removal or variation of a restriction by the Land Registrar (Heading as in Form 9) I, A.B., the Land Registrar assigned to the above Registry under section 3 (2) of the Land Title Registration Law, 1~6 hereby remove (or vary) the restriction registered by me on the (date) against the land described above. (Add Form 16 if necessary) 37 LAND TITLE REGISTRATION REGULATIONS, 1986 FORM 18. (Regulation 22) . LAND TITLE REGISTRATION LAW, 1986 Land Certificate L.I. 1341. THIS IS TO CERTIFY THAT (here insert full name, address and occupation) is registered as (here state nature of the interest "allodial owner" "proprietor of customary freehold" "proprietor of an estate of freehold" "tenant or lessee for a term of . . . . . . . . . years from.............................. " or "tenant or lessee for the unexpired residue of a term of.. ....... years from .............................. " "proprietor of an interest by virtue of a share cropping or customary tenancy arrangement for a term of ......... years from .............................. " "proprietor of a grant of concession within the meaning of the Concessions Ordinance (Cap 136) or Concessions Act, 1962 (Act 124) for a term of ......... years from .............................. " "proprietor of a mining lease granted under the Mine rals and Mining Law, 1986 (P.N.D.C.L. 153) for a term of ......... years from .............................. " or as the case may be) subject to the reservations, restrictions, encumbrances, liens and interests as are notified by memorial under written or endorsed hereon, of and in ALL THAT piece or parcel ofland in extent (hectares) more or less being Block............... Section............... of (place) as delineated on Registry Map Number. .............. in the Land Title Registry at .............................. and being the piece or parcel ofland shown and edged with red on Plan Number ......... annexed hereto (add: "except and reserved all minerals oils precious stones and timber whatsoever upon or under the said land" if required). IN WITNESS WHEREOF I have hereunto signed my name and affixed the seal of the Registry this ......... day of .............................. one thousand nine hundred and ............................. . Entry No. Date of Instru ment Date of Registra tion (To be signed by the Land Registrar and Sealed) I Registeredj No. j , Memorials Cancellations ! L.l. 1341. 38 LAND TITLE REGISTRA'i'JON REGULATIONS, 1986 FORM 19. (Regulation 22) LAND TITLE REGISTRATION LAW, 1986 Provisional Certificate Tms IS ro CERTIFY THAT (here insert full name, address and occupation) is registered as proprietor (here state nature of interest as in Form 18) subject to the reservations, restrictions, encumbrances, liens and interests as are notified by memorial underwritten or endorsed hereon, of and in ALL THAT piece or parcel ofland in extent (hectares) more or less being Block .......................... . Section .............................. of (place) as delineated on Registry Map Number .............. .in the Land Title Registry at.............................. and being the piece or parcel ofland shown and edged with red on Plan Number .............. . annexed hereto (add: "except and reserved all minerals oils precious stones and timber whatsoever upon or under the said land" if required). This certificate does not affect or prejudice the enforecment of any right adverst> to or in derogation of the title thereto as is specified in the register. lN WITNESS WHEREOF I have hereunto signed my name and affixed the seal of the Registry this ......... day of .............................. on thousand nine hundred and .............. . Entry No. Date of Instru ment I Date of / Registra , tion I FoRM 20. (Regulation 26) (To be signed by the Land Registrar and Sealed) I \ Registered i No. Memorials Cancellations Notice of Intention to Issue a Substituted Certificate under Section 53 of the Law LAND TITLE REGISTRATION LAW, 1986 FOURTEEN days after the publication of this notice I intend to issue a substi tuted land certificate ( or provisional certificate) in respect of (give full particulars of land or interest). Date .............................. 19, ..... . (To be signed by the Land Registrar) 39 L.I. 1341. LAND TITLE REGISTRATION REGULATIONS, 1986 FoRM 21. (Regulation 27) Application to the Adjudication Committee for determination of dispute or claim LAND TITLE REGISTRATION LAW, 1986 r, A.B., of etc., being entitled to ............... (here state nature of interest) in ............... (here describe the land in which applicant is entitled to an interest by reference to the Registry Map) hereby apply for determination by the Land Title Adjudication Committee in (place) of the question of which particulars are set out below. All communications regarding this application should be addressed to me at the address shown above ( or to my agent, C.D. of etc.) PARTICULARS The grounds of this application are that ................................................... . Date .............. . (To be signed by A.B.) To ............................ .. (Note 3 copies of a plan approved by the Director of surveys should be attached to this application.) FORM 22. (Regulation 28) Notice by the Committee of Application for Adjudication of Title or Demarcation of Boundary Notice is hereby given that A. B., of etc., claiming to be entitled to an interest in the land hereinafter described has applied for the determination by the Land Title Committee in (place) of the interest of which particulars are set out below. Any person claiming to have any right, title or interest to or in the said land or any part thereof who objects to the said application is required before the ......... day of .............................. 19 ...... to lodge with the said Committee his grounds of objection in writing specifying the area of the land claimed and the particulars and evidence of his right, title and interest in respect thereof. No objection will be entertained unless a copy thereof is sent to A.B., the applicant. L.I. 1341. 40 LAND TITLE REGISTRATION REGULATIONS, 1986 The Land referred to is ALL THAT etc. PARTICULARS (here state nature of interest) Dated the ......... day of .............................. 19 ...... . FORM 23. (Regulation 29) Objection to application under Regulation 29 fN THE MATTER OF AN APPLICATION MADE BY A.B. OF ETC., UNDER THE ABOVE REGULATION I, A.B., of etc., being entitled to ............... (here state nature of interest) in.... . . . . . . . . . . . . . . . . . . . . . . . . . . (here describe land in which the objector is entitled to an interest by reference to the Registry Map) hereby object to the said applica tion on the ground that .............................. (here state the grounds of objection). All communications regarding this objection should be addressed to me at the address shown above ( or to my agent Mr ............................... of .......... ) (To be signed by obj ector) FoR.\1 24. {Regulation 31) Notice of Hearing IN THE MATTER OF ETC. TAKE NOTICE that this matter is set down (or adjourned) for hearing on (date) at (time) at (premises where hearing will take place). 2. If you wish to oppose the application you should attend at the time and place stated above. 3. Should you fail to appear, the application may be heard in your absence. To ................................... . FOXM 25. (Regulation 39) Notice of Appeal LAND TITLE REGISTRATION LAW, 1986 I, A.B-., of etc., hereby give notice of appealto the (High Court) from the decision of the said Land Title Adjudication Committee pronounced at ........... . on the ......... day of .............................. 19 ...... whereby it was decided that (state shortly the decision appealed from). This appeal is made on the following grounds: I. 2. Dated at ........................ this ...... day of. ............................. 19 ...... . (To be signed by A.B.) (Address for service of A.B.) fORM 26. (Regulation 40) (I) (2) Date of Description and determi- approximate nation of area of land dispute or shown on the claim demarcation map Dated this .. . .... day of. Adjudication Record LAND TlTLE REGISTRATION LAW, 1986 ADJUDICATION RECORD (3) (4) (5) (6) Name or descrip- Name of List of documents Particulars of Instru tion of person Guardian produced and retain- ments registrable entitled to be (see section 28 ed by the Land under the Land Regis registered etc. (I) (c)) Registrar try Act, 1962 (Act 122) (see section 28 capable of registration (I) (b)) under the Land Title Registration Law, 1986 etc. (see section 28 (I) (e)) 19 ......... . (7) Particulars of any righ t of occupation or othe r encumbrance or inter e5t . whatsoever amounting to less than ownership affecting the land, etc. (see section 28 (1) (/)) (Signature of Chairman of the Committee) I, A.B., the proprietor of the land herein hereby accept this record. Date . (To be signed by A.B. and attested). L.1. 1341. 42 LAND TITLE REGISTRATION REGULATIONS, 1986 FORM 27. (Regulation 40) Certificate of Adjudication under section 29 of the Law LAND TITLE REGISTRATION LAW, 1986 CERTIFICATE OF ADJUDICATION I, A.B., the Chairman of the Land Title Adjudication Committee for the above-mentioned district, do hereby certify that I have completed the Adjudica tion Record in the matter of C.D. and E.F. concerning the above-described land. Given under my hand this ......... day of.. ............................ 19 ...... . (To be signed by A.B.) FORM 28. (Regulation 41) Objection Against Adjudication Record LAND TITLE REGISTRATION LAW, 1986 Description of land ............................................................................. . I, A.B., of etc., hereby give notice of objection against the adjudication record which was published on the ......... day of.. ............................ 19 ..... . in respect of the land described above. The grounds of my objection are that .............................. (here state grounds of objection). All communications regarding this objection should be addressed to me at the address shown above (or to my agent Mr ............................... of ............................... ) (To be signed by A.B.) 43 LI. 1341. LAND TITLE REGISTRATION REGULATIONS, 1986 FoRM 29. (Regulation 49) LAND REGISTER Vol.. ............ . Date Opened ..... . Folio ......................................... .. Land Title Registry DESCRIPTION OF LAND Valuation (Note: The date at the beginning of the District ···•···········"·""'''''''' ,., ....................... last entry is the date on which Nature or Interest the parcel was valued.) 7 Amount Remarks Date of Registration I I l Reservations, etc. Land Certificate/Provisional Certificate Date of To whom Serial Official issue issued No. Notes Transfers I Date of regis Reference to part affected I Area Folio No. tration of transfer Observations I I ! I PROPRIETORSHIP I Instruments Relevant to the Title Entry Registered Proprietors (names Date of/ No. No. addresses and Date of Signature descriptions) Instru- • Nature of Registra- Price of ment Instrument tion Parties Paid Remarks Registrar I I I I i I I Leases, Charges, Encumbrances, etc. Affecting Land I ! Date of I FOLIO REFERENCE No. Signature Entry Date of i Registra- I Registered Memorials of No. / Instrument I tion No. 14 Forward Remarks Registrar I I -----1 I ! I I ! I I i I I I ! i 45 L.I. 13-41. LAND TITLE REGISTRATION REGULATIONS, 1986 FORM 30. (Regulation 57) Transfer of Land LAND TITLE REGISTRATION LAW, 1986 District ................................... . Registry Map Reference ........... . Register: Vol.. ....... Folio ........... . Plan No ................................. . Date ........................................ . Block .................................... . Section .................................. . IN consideration of.. ............. cedis (~ ............... ) the receipt whereof is hereby acknowledged I, A.B., of etc., AS BENEFICIAL OWNER ( or AS PERSONAL REPRESENTATIVE OR AS TRUSTEE or as the case may be) hereby transfer to C.D. ,)f etc., the land described above. Signed by the said A.B. i in the presence of E.F. <'" of etc. J Signed by the said C.D. l in the presence of G.H. ~ of etc. , J (Signature of A.B.) (Signature of C.D.) NoTEs: (a) Where the transfer is subject to a registered mortgage add "AND the said C.D. hereby covenants with the said A.B. that he the said C.D. or the persons deriving title under him will at all times pay ( on such payment being lawfully demanded) the principal sum of !2-•············· owing on the security of the mortgage now registered against the said land and the interest now henceforth to become due in respect thereof, and will at all times keep the said A.B. effec tually indemnified against the same and every part thereof and in all actions, proceedings, costs, charges, claims and demands whatso ever in respect thereof". (b) Where the transfer is made under a power of sale, add after ·"(!2 ............... )" the words "and in exercise of the power of sale conferred by the mortgage dated .............................. and regis tered ............... " and at the end "discharged from the said mort gage". ( c) Where part only of the land is being transferred, add after "the land" these words "shown and edged with red on the accompanying plan and known as ( and-if it is desired that a particular description be entered on the register-described in the Schedule hereto) being part of the land described above". (d) Where a flat is being transferred add after "C.D., of etc." these words "the lot shown and edged with red on the accompanying strata plan being a portion of the building erected on the land L.I. 1341. 46 LAND TITLE REGISTRATION REGULATIONS, 1986 described above ( and add at the end-subject to the reservations and exceptions specified in the First Schedule hereto and subject to and with the benefit of the easements rights and privileges specified in the Second Schedule hereto and also subject to and with the benefit of the covenants, restrictive agreements and conditions specified in the Third Schedule hereto so far as the same are still subsisting and affect or are capable of affecting the said land AND the said C.D. hereby applies to the Land Registrar to enter in the register such of the said reservations exceptions easements rights privileges covenants restrictive agreements and conditions as are capable of registration", or as the case may be.) FORM 31. (Regulation 58) Transfer of Land without l\'Iinerals (Heading as in Form 30) In consideration of ............... cedis ($2 ............... ) the receipt whereof is hereby acknowledged I, A.B., of etc., AS BENEFICIAL OWNER hereby transfer to C.D., of etc. the land (or if part only is transferred: shown and edged with red on the accompanying plan: and if a more particular description is necessary, add: and described in the Schedule hereto) described above except the minerals under the same. (To be completed as in Form 30) FORM 32. (Regulation 58) Transfer of Land with Certain Specified Minerals only (Heading as in Form 30) In consideration of ............... cedis ($2 ............... ) the receipt whereof is hereby acknowledged, I, A.B., of etc., AS BENEFICIAL OWNER hereby transfer to C.D. of etc., the land described above except the minerals under the same other than (add description of the minerals to be transferred). (To be completed as in Form 30) FORM 33. (Regulation 58) Transfer of Land with the Minerals excepting only certain Specified Minerals (Heading as in Form 30) In consideration of ............... cedis (j2 ............... ) the receipt whereof is hereby acknowledged I, A.B., of etc., AS BENEFICIAL OWNER hereby transfer to C.D. of etc., the land described above except (add description of minerals not to be transferred). (To be completed as in Form 30) 47 L.I. 1341. LAND TITLE REGISTRATION REGULATIONS, 1986 foRM 34. (Regulation 58) Transfer of Minerals without the Land (Heading as in Form 30) In consideration of.. ............. cedis (~ ............... ) the receipt whereof is hereby acknowledged I, A.B., of etc., AS BENEFICIAL OWNER hereby transfer to C. D., of etc. the minerals under the land ( or if part only is transferred: shown and edged with red on the accompanying plan and if a more particular description is necessary add: described above (Together with all such liberties powers and authorities of entering upon the said land ( and the land described in the Schedule hereto) and searching for working getting dressing and carrying away any gold, diamond manganese, bauxite, oil and other minerals whatsoever.) (To be completed as in Form 30) FoRM 35. (Regulation 60) Transfer of Leasehold LAND TITLE REGISTRATION LAW, 1986 (Heading as in Form 30) In consideration of ............... cedis ($2 ............... ) the receipt whereof is hereby acknowledged I, A.B. of etc., (if addres., changed since registration add formerly of, etc.) AS BENEFICIAL OWNER hereby (or, as trustee, etc.) transfer to C.D. of etc., the land described above (for the residue oftheterm granted bythe registered lease). (Where it is intended to negative the covenants implied by the Conveyancing Decree, 1973 (N.R.C.D. 175), the following words may be added: The covenant by the transferor ( or transferee, or the covenants by the transferor and trans feree) implied by the Conveyancing Decree ,1973 (N.R.C.D. 175) is (or, are) not to be implied.) (To be completed as in Form 30) FORM 36. (Regulation 60) Transfer of Leasehold being part of the Land Comprised in the Registered Lease (Heading as in Form 30) In consideration of ............... cedis (~ ............... ) the receipt whereof is hereby acknowledged I, A.B., of etc., AS BENEFICiAL OWNER ( or as trustee, or as personal representative, etc.) hereby transfer to C.D. of etc., the la.nd shown and edged with red on the accompanying plan and known as............... (and described in the Schedule hereto) being part of the land described above for the residue of the term granted by the registered lease subject to the payment of the yearly rent of ............... cedis (~ ............... ) being an apportioned part of the rent of ............... cedis ($2 ............... ) reserved by the said registered lease and subject also to the covenants restrictive agreements and conditions by and in the said lease reserved and contained and on the part of the lessee to be performed and observed (so far only as the same relate to the land hereby transferred). (To be completed as in Form 30) L.I. 1341. 48 LAND TITLE REGISTRATlON REGULATIONS, 1986 FORM 37. (Regulation 62) Transfer of Land Imposing Restrictive Agreement As in form 30, adding at the end "And it is hereby mutually agreed for the benefit of the remainder of the land described above as follows, namely": here add the restrictions as for instance): !. No house on the land transferred shall be used otherwise than as a private dwelling-house. 2. The building line shown on the plan shall be observed. 3. Nothing shall be done or permitted on the land transferred that shall be an annoyanc~ to the owners of adjoining land. 4. No house shall be erected on the land transferred of a less value than !2100,000.00. And we the said A.B. and C.D. hereby apply to the Land Registrar to enter notice of the said restrictive agreement on the register. (To be executed by both parties) FORM 38. (Regulation 62) Application for Cancellation of Restrictive Agreement {Heading as in Form 30) I, A.B., of etc., being the registered proprietor of the land described above hereby apply (for the cancellation of the restrictive agreement ( or, the restrictive agreement against using as a private dwelling-house only, or as the case maybe), imposed by ( an instrument or deed dated etc. and made between etc. or as the case may be) which accompanies this application. Dated this ......... day of .............................. 19 ..... .. (To be executed and attested) Norn: This form can be adapted for the cancellation of easements and profits. FORM 39. (Regulation 63) Transfer by way of Exchange (Heading as in Form 30) In consideration of the transfers hereinafter contained ( and if so required, add: and of the sum of ............... cedis (!2 ............... paid by C.D. for equality the receipt whereof is hereby acknowledged): 1. I, A.B., of etc., AS BENEFICIAL OWNER hereby transfer to C.D. of etc., the land shown and edged with red on the accompanying plan. 2. I, the said C.D. AS BENEFICIAL OWNER hereby transfer to the said A.B. the land shown and edged with green on the same plan. 49 L.I. 1341. LAND TITLE REGISTRATION REGULATIONS, 1986 Add if required:· 3. I, the said A.B. hereby apply to have the said land edged with green amalgamated with the land described in the First Schedule hereto of which I am the proprietor. 4. I, the said C.D. apply to have the said land edged with red amalgamated with the land described in the Second Schedule hereto of which I am the proprietor. (To be completed as in Form 30) FORM 40. (Regulation 64) Instrument of Mortgage (Heading as in Form 30) In consideration of ............... cedis (~ ............... ) advanced by C.D. (the receipt whereof is hereby acknowledged I, A.B., (mortgagor) of etc., AS BENEFICIAL OWNER hereby charge by way of mortgage the land described above with the payment of the principalsum of~ ............... with interest at ......... per cent per annum payable (half-yearly, quarterly) on the ......... day of .............. . etc. in every year. (Add other stipulations) (To be completed as in Form 30) FOR.\!: 41. (Regulation 64) Application to Vary the Terms of a Mortgage (Heading as in Form 30) We, of etc., (proprietor of land, proprietor of mortgage and other proprietors prejudicially affected) hereby apply to the Land Registrar to alter the terms of the mortgage dated etc. registered (date) against the land described above as follows: (Set out variations) (To be executed and attested by all parties) FoRM 42. (Regulation 66) Discharge of Registered Mortgage (Heading as in Form 30) I, C.D., of etc., hereby acknowledge to have received all moneys intended to be secured by the mortgage dated .............................. and registered (date) of which I am the proprietor and hereby discharge the land described above ( or part of the land described above shown and edged with red on the accompany ing plan) from the said mortgage. (To be signed by the proprietor of the mortgage and attested). L.I. 1341. 50 LAND TITLE REGISTRATION REGULATIONS, 1986 FORM 43. (Regulation 67) Transfer of Mortgage (Heading as in Form 30) In consfoleration of ............... cedis ($2 ............... ) the receipt whereof is hereby acknowledged I, A.B., of etc., AS MORTGAGEE (or as the case may be) hereby transfer to C.D., of etc., (Transferee) the mortgage dated the ......... day of .............................. and registered the ......... day of. ......................... . of which I am the proprietor. (If part only of the money secured is transferred, add: "as to the sum of ............... cedis ($2 ...... ......... )". (To be executed as in Form 30) FORM 44. (Regulation 71) Application for Registration by Personal Representatives of Deceased Proprietor (Heading as in Form 30) We, A.B., of etc., and C.D., of etc., (Personal representatives) hereby apply to be registered as proprietors of the land described above as executors ( or administrators) of E.F. of etc., who died on the ......... day of ....................... . Dated the ......... day of .............................. 19 ...... . FORM 45. (Regulation 72) (Signed by the personal representatives) Assent to Devise of Land (Heading as in Form 30) I, A.B., of etc., as personal representative of the late C.D., of etc., hereby assent to the land described above vesting in E.F. (To be signed by A.B. and attested) FORM 46. (Regulation 72) Assent by Personal Representatives (Heading as in Form 30) Pursuant to the Will proved etc., of M.N. deceased of etc., who died etc. We, E.F., of etc., and G.H. of etc., the personal representatives of the said M.N. AS PERSONAL REPRESENTATIVES hereby transfer to C.D., of etc., the land described above. (For leasehold, add: for the residue of the term granted by the registered lease). (To be executed by E.F. and G.H. and attested) 51 LJ. 1341. LAND TITLE REGISTRATION REGULATIONS, 1986 FORM 47. (Regulation 73) Application by Trustee in Bankruptcy or Insolvency under section 105 of the Law (Heading as in Form 30) I, A.B., of etc., the Trustee in bankruptcy (or insolvency) of C.D., of etc., hereby apply to the Land Registrar to be registered as proprietor of the land (or lease or mortgage) comprised in the folio of the land described above. (To be signed by the Trustee) FoRM 48. (Regulation 75) Notice by the Trustee in Bankruptcy or Insolvency where bis interest in land has been divested (Heading as in Form 30) I, A.B., of etc., the Official Trustee hereby give notice that by reason of (describe the act, omission etc.) my interest in the land (or lease or mortgage comprised in the folio of the land) described above has been divested, and I hereby apply for entry of this notice in the register according to Regulation 75. FORM 49. (Regulation 76) Lease (Heading as in Form 30) I, A.B., of etc., (hereinafter called "the lessor") as registered proprietor do HEREBY LEASE TO C.D., of etc., (hereinafter called "the lessee") the land described above TO BB HELD by the lessee for the term of ......... years from the ............. .. day of .............................. 19 ...... at the clear (monthly or yearly rent of 1Z ............... payable (insert terms of payment) subject to the covenants implied by the Conveyancing Decree, 1973 (N.R.C.D. 175) (set out the extent to which any such covenants are to be negated or modified) and also to the covenants agreements and conditions hereinafter contained (set forth covenants agreements and conditions). Dated this ......... day of .............................. 19 ...... . (To be completed as in Form 30) FORM 50. (Regulation 81) Notice of Deposit of Land Certificate or Provisional Certificate (Heading as in Form 30) I, A.B., of etc., (umder) hereby give notice that the land certificate (or provisional certificate) of the land described above has been deposited with me by C.D. to secure the repayment of the sum of1Z ..•..•......... this day advanced by me to the said C.D. with interest thereon payable at the rate of1Z ........... . per cent per annum until repayment. · (To be signed by the A.B.) . L.I. 1341. 52 LAND TITLE REGISTRATION REGULATIONS, 1986 FORM 51. (Regulation 86) Receipt for Land Certificate or Provisional Certificate deposited in the Registry (Heading as in Form 30) The Land Registrar hereby acknowledges the receipt of the land certificate ( or provisional certificate) of the land described above which has been deposited in the Registry pursuant to Regulation 86 until the cancellation of the mortgage therein referred to. Dated this ......... day of .............................. 19 ...... . (To be signed by the Land Registrar) FORM 52. (Regulation 126) Application for Official Search in the Register or the Registry Map (Heading as in Form 30) I, A.B., of etc., hereby apply for an official search to be made in the register (or the registry map) in respect of the land described above (being more parti cularly delineated on the plan annexed hereto or filed in the Registry or on Registry Map No .......... of ............... as the case may be.) (And further apply for a stay of registration of any instrument affecting the said land for a period of fourteen days from the date hereof). (If the search is for a proposed dealing, add particulars of the proposed 'dealing). (To be signed by applicant) FORM 53. (Regulation 126) Official Certificate of Result of Search LAND TITLE REGISTRATION LAW, 1986 Certificate of Official Search No ............... '. Register: Vol.. ........ Folio ........ . Registry Map Ref ..................... . Description of Land ................... . Plan No .............................. ... . ' ' ' ................................................... I hereby certify that pursuant to an applicati.on dated etc. made by A.B. of etc., a search has been diligently made with the following result:- · (Fill in result of Search) The seal of the Registry was affixed to this certificate atthe hour of .......... : .. on the ......... day of .............................. 19 ...... . (To be signed by the Land Registrar and sealed 53 L.I. 1341. LAND TITLE REGISTRATION REGULATIONS, 1986 FORM 54. (Regulation 131) Summons by the Chief Registrar or Land Registrar ToA.B. You are hereby required to attend before me at my office at ............ on .................. the ......... day of .............................. at .............. in the forenoon then and there to be examined in relation to (the land described above, or mortgage or charge thereon or as the case may be) and you are hereby further required to bring with you and produce at the time and place aforesaid (describe documents) and all other instruments in your possession relating to the matter. Issued at ............ this ......... day of .............................. 19 ...... . (To be signed and sealed by the Land Registrar) FORM 55. (Regulation 31) Summons to witness to attend at Committee bearing You are hereby required to attend before the Land Title Adjudication Committee at............ on the......... day of.............................. 19 ..... . at ........................ in the forenoon, then and there to be examined in relation to the land described above ( or mortgage or charge thereon, or in relation to any land intended to be registered, or as the case may be) and you are hereby further required to produce before the said Committee all papers, documents, letters, writings and other evidence ( or as the case may be, a particular document to be specified, or proof of some fact to be particularised) relating to the matter. (To be signed by the Chairman of the Adjudication Committee) SECOND SCHEDULE PART l First Registration (Regulation 90) Value of Land Not exceeding SZ:60,000 Exceeding SZ:60,000 but not exceeding· SZ:100,000. Exceeding SZ:100,00Q Registration Fee minimum fee for every SZ:200 or part of SZ:200 over SZ:60,000 . . • • . . for every SZ4()0 or part of SZ:400 over fll00,000 SZ:250.00 sz:1.00 SZ:1 .00 L.I. 1341. 54 LAND TITLE REGISTRATION REGULATIONS, 1986 PART II Ordinary Lease (Regulation 91) Annual Rent Not exceeding fll0,000 Exceeding fll0,000 Registration Fee . . minimum fee . . . . . . . . for evecy fi'.:100 or part thereof of the annual rent reserved PART III Rack Rent Leases (Regulation 92) Annual Rent Not exceeding fll0,000 .. Exceeding fll0,000 Registration Fee . . minimum fee . . . . . . . . for evecy fi'.:100 or part thereof of the annual rent PART IV Concessions and Mining Leases (Regulation 93) Value of Land Up to and including !260,000 .. Exceeding !260,000 but not Registration Fee minimum fee . . . . . . for evecy fi'.:200 or part of !2200 over fi'.:60,000 . . . . . . exceeding fl:100,000 Exceeding fi'.:100,000 . . for evecy !2200 or part of fi'.:200 over fi'.:100,000 . . . . . . PART V Farm Lands (Regulation 94) Value of Land Registration Fee Up to and including fZ:50,000 . . minimum fee . . . • . . Exceeding !250,000 . . for evecy !2200 or part of fl:200 over fi'.:50,000 . . . . • . !2108.00 fi'.:2.00 fi'.:106.00 ¢2.00 !2545.00 fi'.:2.00 fll.00 9!160.00 fll.00 55 LJ. 1341, LAND TITLE REGISTRATION REGULATIONS, 1986 PART VI Commercial or Industrial Plots (Regulation 95) Value of Land Registration Fee Up to and including Sll00,000 Exceeding SZI00,000 but not exceeding sz200,ooo. minimum fee . . . . . . SZl,000.00 for every sz200 or part or sz200 over SZI00,000 . . . . . . SZS.00 for every sz200 or part of sz200 Exceeding SZ200,000 but not exceeding SZS00,000. over fl200,000 . . . . . . fl2.00 Exceeding SZS00,000 . . for every SZ200 or part of fl200 over SZS00,000 .. PART VII sz1.oo Churches, Schools, Hospitals, Burial Grounds, Play Grounds, Opm Spaces, Recreational Grounds, and Undeveloped Farm Lands (Regulation 96) Value of Land Registration Fee Up to and including fll00,000 minimum fee . . fl200.00 Exceeding SZl00,000 . . for every SZ200 or part of fl200 over SZI00,000 . . O'.l 00 PART VIII Fee for Dealing for Value (Regulation 91) Value of Land or Amount of Mortgage or Charge Up to and including f2!60,000 •. Exceeding fl60,000 but not exceeding fll00,000. Exceeding SZl00,000 but not exceeding SZS00,000. Exceeding flS00,000 Registration Fee minimum fee . . . . . . for every f2!200 or part of sz200 over f2!60,000 • . . . for every f2!200 or part of SZ200 over fll00,000 . . . . . . for every fl500 or part of f2!500 over fZS00,000 •• fl437.00 sz2.oo fll.00 SZI .00 L.I. 1341. 56 LAND TITLE REGISTRATION REGULATIONS, 1986 THIRD SCHEDULE Miscellaneous Fees (Regulation 105) I. Application or preparation or settlement of a statement for the Adjudication Committee or the Court 2. On objection to application for adjudication 3. On objection to adjudication record 4. Hearing before the Adjudication Committee (a) First hearing .. (b) Daily fee (c) Anytime spent by Committee in viewing land shall be treated as part of the hearing. ~ 50 100 200 50 20 p 00 00 00 00 00 S. Printed Forms as may be directed 6. Deposit of document declaratory of trusts 7. Order of the High Court 8. Comparing abstracts with deeds by officers of the Registry (per hour) 9. Application to close title or cancel a lease on merger, determination, surrender or forfeiture 10. Perusing draft documents submitted for approval (per hour) 1 I. Power of Attorney J 2. For the preperation and issue of a land certificate 13. For the preperation and issue of substituted land certificate 14. For the preparation and issue of provisional certificate 15. Forthepreparation and issue of substituted provisional certificate . . • , 16. Comparing abstracts or copies ofa land certificate and provisional certificate with the register 17. Caveat forbidding dealings with land •• 18. Certificate of result of an official search 19. Certificate of Incorporation 20. Certified copy of Certificate of Incorporation 21. Exiract from any deposited or registered instrument or record of hearing for each sheet 22. Personal search in the register •. 23. Personal search in the registry map 200 00 50 00 20 00 100 00 20 00. 100 00 200 00 250 00 150 00 200 00 50 00 200 . 00 200 00 50 00 160 00 50 00 20 00 20 00 57 L.I. 1341. LAND TITLE REGISTRATION REGULATIONS, 1986 Miscellaneous Fees (Regulation 105}--contd. 24. Certified copies in place of instrument lost or destroyed 25. Transmission on death or insolvency 26. Application for vesting order 27. Application for foreclosure 28. Application for entry of a disclaimer 29. Applfoation for the notification of an easement 30. Application for variation of mortgage or charge 3 l. Cancellation or removal of an easement 32. Application to enter a restriction or restrictive agree ment 33. Cancellation or variation of a restriction or restrictive agreement 34. Application for the entry of profits 35. Withdrawal of caveat wholly or in part 36. Cancellation of profits 37. Cancelfation of mortgage . 38. Application to amend or alter address in register 39 • .\pplication for statement of gr:>unds of refusal to register an instrument .. 40. On presentation of a claim to any parcel 41. Substitution of leaseholds 42. Notice of deposit of land certificate or provisional certificate 43. Inspection of any document not referre-d to in the register .. 44. (a) Taking an affidavit or statutory declaration 45. (h) Each exhibit thereto .. 46. Rectification of the register by the Land Registrar or under an order of the High CoWi. 47. Combination of contiguous parcels of land 48. Certified copy of regist~ land l'Crtificate or provisional certificate 49. Assent by,a personal representative 50. Probates or letters of administration 51. Verifying subsisting entries in the register ~ p 100 00 200 00 50 00 200 00 100 00 50 00 100 00 20 00 200 00 20 00 50 00 20 00 20 00 20 00 20 00 100 00 20 00 50 00 20 00 200 00 50 00 20 00 100 00 500 00 200 00 200 00 200 00 200 00 L.I. 1341. 58 LAND TITLE REGISTRATION REGULATIONS, 1986 Miscellaneous Fees (Regulation 105)-contd. 52. Premium in leases 53. On each subpoena to produce a document 54. Forforwardingdocuments or other information by post 55. Advertisements 56. Special expedition 57. Application for registering recovery of possession by legal proceedings or re-entry by lessor or abandon ment by lessee . . . • . . . . . . . . 5g Copies of plans 59. For every registration, entry, cancellation, Certificate or act done in the Registry not being any of the matters or things aforesaid ~ p the same fee as specified in Part VIII of the Se cond Schedule. 200 00 as may be directed as may be directed 100 00 200 00 as may be directed 20 00 GEORGE ADAMO P.N.D.C. Secretary responsible/or Lands Date of Gazette notification: 24th December, 1986 PRINTED BY THE GHANA PUBLISHING CORPORATION (PRINTING DIVISION) ASSEMBLY PRESS, ACCRA, GHANA GPCfA36J/1,S00/6/87 Prier -,ee 5Ecrt>,~