Registered Land Rules (Cap. 65)

Registered Land CAP. 65 55 This e-version of the text is not authoritative for use in court. LAWS OF ST. HELENA REGISTERED LAND RULES – SECTION 158 (Legal Notices 8 of 1981, 11 of 1984, 13 of 1987, 5 of 1989, 11 of 1996 and 4 of 2006) Short title 1. These rules may be cited as the Registered Land Rules. Interpretation 2. In these rules ―Ordinance‖ means the Registered Land Ordinance. Registers and certificates 3. 38 The forms of the Register and Land Certificate shall be such forms as the Registrar (with the approval of the Governor) may from time to time approve. Forms 4. (1) The forms required to be used under the Ordinance shall be as prescribed in the First Schedule to these rules. (2) 39 Subject to Rule 3, the form to be used for any matter for which no form is provided in these Rules shall be such form as the Registrar may from time to time approve. Verification of instruments 5. (1) A Judge, a Magistrate, a Justice of the Peace, a Commissioner for Oaths, a Notary Public, an Attorney-at-law, a Solicitor and a Barrister are public officers for the purposes of subsection (1) of section 108 of the Ordinance. (2) The form of certificate prescribed for the purposes of subsection (2) of section 108 of the Ordinance is as follows— ―I HEREBY CERTIFY that the above-named appeared before me on the ...……...... day of ….............., 20....., and being identified by .................………….....…. (being known to me) acknowledged the above signature (or marks) to be his (hers) (theirs) and that he (she) (they) had freely and voluntarily executed this instrument and understood its contents. Signature of public officer and the public officer certifying as above shall write his name in block capitals below his signature and, if he has a seal or stamp of office, affix an impression of such seal or stamp to the certificate. 38 Rule 3 substituted by L.N. 13 of 1987 39 Rule 4(2) inserted by LN 4 of 2006) 56 CAP. 65 Registered Land This e-version of the text is not authoritative for use in court. LAWS OF ST. HELENA Fees 6. The fees payable by virtue of section 154 of the Ordinance are as prescribed in the Second Schedule to these rules: Provided that no fee shall be charged for the preparation or registration of any business transacted by or on behalf of the Crown or Government. Refund of fees 7. No fees paid hereunder shall be refunded except by written order of the Registrar. Registry hours for public transactions 8. The registry will be open for the transaction of business with the public at such times as the Registrar shall from time to time appoint by notice in the Gazette. FIRST SCHEDULE Form 1 Form R.L.1. REGISTERED LAND ORDINANCE (Section 83) TRANSFER OF LAND Registration Section ………………………. Block ………………………. Parcel …………….………… I/WE ………….………….………….………….………….……………….……….… in consideration of ………….………….………….………….………….………………. (The receipt whereof is hereby acknowledged) HEREBY TRANSFER to ……………………….……………………….…………………….…………………… of ……………………….……………………………….……………..………………….. the land comprised in the above mentioned title. *The Transferees hereby declare that they hold the land as proprietors in common in the following undivided shares— (or as joint proprietors) Dated this ………………. day of …………….., 20….…. Signed by the Transferor in the presence of— } Signed by the Transferee in the presence of— } * Delete if not applicable Registered Land CAP. 65 57 This e-version of the text is not authoritative for use in court. LAWS OF ST. HELENA Form 2 Form R.L.2. REGISTERED LAND ORDINANCE (Section 83) TRANSFER OF LEASE Registration Section ………………………. Block ………………………. Parcel …………….………… I/WE ………….………….………….………….………….………….……………. in consideration of ………….………….………….………….………….………….…. (The receipt whereof is hereby acknowledged) Hereby Transfer to ……………………….……………………….……………………….….….….……. of ……………………….……………………………….……………..……………….. the leasehold interest comprised in the above-mentioned title. The Transferees declare that they hold the leasehold interest as proprietors in the following undivided shares: (or as joint proprietors) Dated this ………………. day of …………….., 20……. Signed by the Transferor in the presence of— } Signed by the Transferee in the presence of— } Delete if not applicable. 58 CAP. 65 Registered Land This e-version of the text is not authoritative for use in court. LAWS OF ST. HELENA Form 3 Form R.L.3. REGISTERED LAND ORDINANCE (Section 83) TRANSFER OF CHARGE Registration Section ………….….….….…. Block .….….….….….….…. Parcel ….….….….……….…. I/WE …………...………………………………..………………………………….… in consideration of ..……………………..……………………………………………..… (the receipt whereof is hereby acknowledged) Hereby Transfer to ...................…………………………………………………………….……..………… of ……...………………..…………………..…………………..……………………….... the charge shown as entry number ………………...…..………….. in the incumbrances section of the register relating to the above-mentioned title. The Transferor hereby declares that the amount of principal and interest owing by the Chargor at the date hereof is ……….……….………. . (And the Chargor hereby acknowledges that this is the amount due and owing by him)* Dated this ……….………. day of ……….……….………, 20…… Signed by the Transferor in the presence of— } Signed by the Transferee in the presence of— } Signed by the Chargor in the presence of— } * Delete these words if the Transferee does not require the Chargor to acknowledge. Registered Land CAP. 65 59 This e-version of the text is not authoritative for use in court. LAWS OF ST. HELENA Form 4 Form R.L.4. REGISTERED LAND ORDINANCE (Section 75) TRANSFER BY CHARGEE IN EXERCISE OF POWER OF SALE Registration Section ………………………. Block ………………………. Parcel ………………………. I/WE …………………………….……………………………………………………. having exercised the power of sale conferred upon me/us by the charge shown as entry number …………………………………… in the incumbrances section of the register to the above-mentioned title, in consideration of …………………………………… (the receipt whereof is hereby acknowledged) Hereby Transfer to ………………………………………………………………………………………… of ………………………………………………………………………………………… the interest charged by the said charge. *The Transferees declare that they hold the said interest as proprietors in common in the following undivided shares— (or as joint proprietors) Dated this ……………… day of ………………………, 20…… Signed by the Transferor in the presence of— } Signed by the Transferee in the presence of— } * Delete if not applicable. 60 CAP. 65 Registered Land This e-version of the text is not authoritative for use in court. LAWS OF ST. HELENA Form 5 Form R.L.5. REGISTERED LAND ORDINANCE (Section 95) TRANSFER OF PROFIT Registration Section ………………………. Block ………………………. Parcel ………………………. I/WE ……………..……………….………………………………….………………. in consideration of .………………………….…………………………………………… (the receipt whereof is hereby acknowledged) Hereby Transfer to ……………………………….…………………………….….………………..……… of ……………………………….……………………………..….………………………. the profit shown as entry number …………………….……….…… in the incumbrances section of the register relating to the above-mentioned title. *The Transferees declare that they hold the profit as proprietors in common in the following undivided shares— (or as joint proprietors) Dated this …………………… day of ……………………, 20…… Signed by the Transferor in the presence of— } Signed by the Transferee in the presence of— } * Delete if not applicable. Registered Land CAP. 65 61 This e-version of the text is not authoritative for use in court. LAWS OF ST. HELENA Form 6 Form R.L.6. REGISTERED LAND ORDINANCE (Section 101) TRANSFER OF UNDIVIDED SHARE Registration Section …………………….. Block ………………….…..… Parcel ……………..…..….… I/WE………………….……………….…………………………………..……….… in consideration of ……………………...…………………………………………..…… (the receipt whereof is hereby acknowledged) HEREBY TRANSFER to ………………………………..………………………………………………............. of ………………………………………………………………………………………... my/our undivided ……………………………………..…. share(s) (respectively) in the above-mentioned title. *The Transferees declare that they hold the (combined) undivided share(s) as proprietors in common in the following undivided shares— (or as joint proprietors) I/WE …………………………………………………….…………………………. the remaining proprietor(s) of the interest comprised in the above-mentioned title hereby consent to this transfer. Dated this ……………………. day of ………………… 20…… Signed by the Transferor in the presence of— } Signed by the Transferee in the presence of— } Signed by the remaining proprietor(s) } in the presence of— } *Delete if not applicable. 62 CAP. 65 Registered Land This e-version of the text is not authoritative for use in court. LAWS OF ST. HELENA Form 7 Form R.L.7. REGISTERED LAND ORDINANCE (Section 117) TRANSFER BY PERSONAL REPRESENTATIVE TO PERSON ENTITLED UNDER A WILL OR ON AN INTESTACY Registration Section ………………..…… Block ………………………… Parcel ………………..……… I/WE ……………………………….……….……….……….……….….…………. as personal representatives of ....……….………….……….……….……….….……....... deceased HEREBY TRANSFER TO ..........……...….……….……….…………..……... of ............……….……….……….……….………..……….……….……….………........ (Being the person entitled thereto under the Will (or on the intestacy) of the deceased) to the interest of the deceased comprised in the register relating to the above-mentioned title. *The Transferees declare that they hold that interest as proprietors in common in the following shares— (or as joint proprietors) Dated this …………….. day of ………………………., 20…… Signed by the Transferor in the presence of— } Signed by the Transferee in the presence of— } * Delete if not applicable. Registered Land CAP. 65 63 This e-version of the text is not authoritative for use in court. LAWS OF ST. HELENA Form 8 Form R.L.8 REGISTERED LAND ORDINANCE (Section 46) LEASE/SUB-LEASE Registration Section .....……………........... Block …………….……………. Parcel ………………...…..….. I/WE ……….……….……….……….……….……….……….…………….………. HEREBY LEASE/SUB-LEASE to ……….……….……….……….………….….……. of ……….……….……….……….……….……….……….……….……………………. the land comprised in the above-mentioned title (or) that portion of land comprised in the above-mentioned title which is shown on the registry map as parcel number ………. or on the filed plan as number ……….……….… for the term of …………….……. from the ……….……. day of ………..…..….………. at the rent of ….…….………...... payable ……….……….…….……. subject to sections 52 to 55 of the above Ordinance, unless hereby negatived, modified or added to. (Here set for any variation, or make reference to an attached document). *The lessees declare that they hold the lease as proprietors in common in the following undivided shares— (Or as joint proprietors) Dated this ……………… day of …………………….., 20……. Signed by the Lessor in the presence of— } Signed by the Lessee in the presence of— } *Delete if not applicable. 64 CAP. 65 Registered Land This e-version of the text is not authoritative for use in court. LAWS OF ST. HELENA Form 9 Form R.L.9. REGISTERED LAND ORDINANCE (Section 64) CHARGE Registration Section ……………….….….. Block ……………….………….. Parcel ………………………. I/WE …………………………..…………..…………..…………..…..…….. HEREBY CHARGE my/our interest in the above-mentioned title or the charge shown as entry number …………………….…… in the incumbrances section of the register relating to the above-mentioned title to secure the payment to ………………..……… of ……………………………………………………………………….. of the principal sum of …………………………………….… with interest at the rate of ……………… per centum per annum payable ………………….…………… subject to section 67 of the above Ordinance, unless hereby negatived, modified or added to. (Here set forth any variation, or make reference to an attached document.) The principal sum shall be repaid on the ……… day of …………………..…….., 20…… together with any interest then due. AND I/WE the above-named Chargor(s) hereby acknowledge that we understand the effect of section 72 of the Registered Land Ordinance. Dated this …………………… day of ………………….., 20…… Signed by the Chargor in the presence of— } Signed by the Chargee in the presence of— } Registered Land CAP. 65 65 This e-version of the text is not authoritative for use in court. LAWS OF ST. HELENA Form 10 Form R.L.10 REGISTERED LAND ORDINANCE (Section 70) DISCHARGE OF CHARGE Registration Section ……………………… Block ………….…..………….. Parcel ………………………... I/WE ……………………………………..……………..………..……...……… HEREBY DISCHARGE the charge shown as entry number ……………………...…… in the incumbrance section of the register relating to the above-mentioned title wholly (or in relation to ………………..……………………………..) Dated this ………………… day of ……………………….., 20…… Signed by the Chargee in the presence of— } Form 11 Form R.L.11. REGISTERED LAND ORDINANCE (Section 61) SURRENDER OF LEASE Registration Section …….…………….…… Block ………….……………… Parcel ………….…………… I/WE …………………………….……….……….………………..…..……..……. in consideration of …………..……..……..……..……..……..……..………..………… (The receipt whereof is hereby acknowledged*) HEREBY SURRENDER the lease comprised in the above-mentioned title and the Lessor HEREBY ACCEPTS the said surrender. Dated this …………………… day of ………………….., 20…… Signed by the Lessee in the presence of— } Signed by the Lessor in the presence of— } * Delete if not applicable. 66 CAP. 65 Registered Land This e-version of the text is not authoritative for use in court. LAWS OF ST. HELENA Form 12 Form R.L.12 REGISTERED LAND ORDINANCE (Section 93) GRANT OF EASEMENT Registration Section …………………….… Block ……………..………….… Parcel ………………..……… I/WE ………………….…….…….…….…….…….…….…….…….…….………… in consideration of …….…….…….…….…….…….…….…….…….…….…….…… (the receipt whereof is hereby acknowledged) HEREBY GRANT ……….…………….. …….…….…….…….…….…….…….…….…….…….…….…….……..……….…….. to …………….…….…….…….…….…….…….…….…….…….…………...………… of ……….…….…….…….…….…….…….…….…….…….…….…………..………… the proprietor of the interest comprised in the above title the following easement— Dated this …………………… day of ………………….., 20…… Signed by the Grantor in the presence of— } Signed by the Grantee in the presence of— } Registered Land CAP. 65 67 This e-version of the text is not authoritative for use in court. LAWS OF ST. HELENA Form 13 Form R.L.13. REGISTERED LAND ORDINANCE (Section 95) GRANT OF PROFIT Registration Section …………………….… Block …………….…………….… Parcel ……………….……… I/WE …………………………….……………….……………….…..…………… in consideration of …………………….……………….…………………..……….…… (the receipt whereof is hereby acknowledged) HEREBY GRANT ………….….……… to ………………...……………….……………….……………….…………….……… of ………………..…………….……………….………………………….……..……… the following profit to arise from the interest comprised in the above-mentioned title— The profit is to be enjoyed in gross (or as appurtenant to the interest of the Grantee in title number ……………………………………) Dated this …………………… day of ………………….., 20…… Signed by the Grantor in the presence of— } Signed by the Grantee in the presence of— } 68 CAP. 65 Registered Land This e-version of the text is not authoritative for use in court. LAWS OF ST. HELENA Form 14 Form R.L.14. REGISTERED LAND ORDINANCE (Section 96) RELEASE OF PROFIT, EASEMENT OR RESTRICTIVE AGREEMENT Registration Section …………………….… Block ………………………….… Parcel ……………………...… I/WE ……………………….……….……….……….……….……….……………… being the person(s) now entitled to the benefit of the (easement) (profit) (restrictive agreement) shown as entry number ………….……….……………………… in the incumbrances section of the register relating to the above-mentioned title HEREBY RELEASE the (easement) (profit) (restrictive agreement). Dated this …………………… day of ………………….., 20…… Signed in the presence of— Form 15 Form R.L.15. REGISTERED LAND ORDINANCE (Section 101) SEVERANCE OF JOINT PROPRIETORSHIP Registration Section …………………….… Block …………………….… Parcel …………….……......… I/WE ………………………………………………….……………………….……… HEREBY SEVER our joint proprietorship of our interest in the land comprised in the above-mentioned title and apply to be registered as proprietors in common in the following shares— Dated this …………………… day of ………………….., 20…… Signed by the Proprietors in the presence of— } Registered Land CAP. 65 69 This e-version of the text is not authoritative for use in court. LAWS OF ST. HELENA Form 16 Form R.L.16. REGISTERED LAND ORDINANCE (Section 103) APPLICATION FOR PARTITION Registration Section …………………….… Block …………………….… Parcel …………….……….… I/WE ………………….…….…….…….…….…….…….…….…….…….……… HEREBY APPLY for the land comprised in the above-mentioned title to be partitioned in the following manner— Dated this …………………… day of ………………….., 20…… Signed by the Applicant in the presence of: } Form 17 Form R.L.17. REGISTERED LAND ORDINANCE (Section 114) POWER OF ATTORNEY Registration Section …………………….… Block …………………….… Parcel ……………….……… I …………………………………………………………………………………… HEREBY APPOINT …………………………………………………………………… of ……………………………………………………………………………...………… to be my attorney and generally in relation to my interest in the land comprised in the above-mentioned title to do anything and everything that I myself could do, and for me and in my name to execute all such instruments to do all such acts, matters and things as may be necessary or expedient for carrying out the powers hereby given. (If the power is to be limited to particular acts only delete everything after the word ―attorney‖ and set out below what powers are to be conferred.) Dated this …………………… day of ………………….., 20…… Signed by the Donor in the presence of— } 70 CAP. 65 Registered Land This e-version of the text is not authoritative for use in court. LAWS OF ST. HELENA Form 18 Form R.L.18. REGISTERED LAND ORDINANCE (Section 114) NOTICE OF REVOCATION OF A POWER OF ATTORNEY Registration Section …………………….… Block ………………………….… Parcel ………….…………..… I …………………….……….……….……….……….……….…….……….……… HEREBY GIVEN NOTICE that the Power of Attorney filed in the register of powers of attorney as number …………….……….…………………… has been revoked: (a) by me or (b) by the (death) (bankruptcy) (disability) of the donor, or (c) by the (death) (disability) of the attorney, (and I attach the following documents in support thereof) Dated this …………………… day of ………………….., 20…… Signed in the presence of— Registered Land CAP. 65 71 This e-version of the text is not authoritative for use in court. LAWS OF ST. HELENA Form 19 Form R.L.19. REGISTERED LAND ORDINANCE (Section 117) APPLICATION TO BE REGISTERED AS PROPRIETOR BY TRANSMISSION Registration Section …………………….… Block …………………..…….… Parcel ………….………….… I/WE …………………………………………..…………………………………....… as personal representative of ……………………………..……………………….……… deceased HEREBY APPLY to be registered by transmission as proprietor in place of the deceased of his interest in the land comprised in the above-mentioned title, and in support thereof attach the grant as required by section 117 of the Registered Land Ordinance. Dated this …………………… day of ………………….., 20…… Signed by the personal representative in the presence of— } 72 CAP. 65 Registered Land This e-version of the text is not authoritative for use in court. LAWS OF ST. HELENA Form 20 Form R.L.20. REGISTERED LAND ORDINANCE (Section 127) CAUTION Registration Section …………………….… Block ……………………..….… Parcel ……………………..… I/WE ………………………………………………………………………………… of …………………………………………………………………………………….…… claim an interest as ……………………………………………………………………… in the land comprised in the above-mentioned title and forbid the registration of dealings and the making of entries in the register relating thereto (altogether) (or to the following extent—) without my/our consent, until this caution has been withdrawn by me/us or removed by order of the Court or of the Registrar. Dated this …………………… day of ………………….., 20…… Signed in the presence of— Form 21 40 40 Form 21 deleted by LN 4 of 2006 Registered Land CAP. 65 73 This e-version of the text is not authoritative for use in court. LAWS OF ST. HELENA Form 22 Form R.L.22. REGISTERED LAND ORDINANCE (Section 35) APPLICATION TO INSPECT THE REGISTER Registration Section …………………….… Block ……………………….….… Parcel ………….………….… I HEREBY APPLY to inspect the register relating to the above-mentioned title. Signature: ……………..……………………… Address: ….……………………………….… …………………………………. .… …………………………..…… …… Date: ………………………………….… CONDITIONS. 1. Persons inspecting the register may take brief notes in pencil but no document shall be copied. 2. In no circumstances may any note or mark be made on any register, document or file produced for inspection. 3. The registry clerk‘s duty does not extend to answering questions on matters of title, and no responsibility is accepted for any opinion which may be expressed by him. 74 CAP. 65 Registered Land This e-version of the text is not authoritative for use in court. LAWS OF ST. HELENA Form 23 Form R.L.23. REGISTERED LAND ORDINANCE (Section 35) APPLICATION FOR CERTIFIED COPY Registration Section …………………….… Block …………………….… Parcel ……………………...… I HEREBY APPLY for …………………..…………………...…… certified copy/ copies of the following— Signature: ………………………………… Address: ……………………………..… ……………………..……… … ………………………..…… … Date: ……………………………….. Registered Land CAP. 65 75 This e-version of the text is not authoritative for use in court. LAWS OF ST. HELENA Form 24 Form R.L.24. REGISTERED LAND ORDINANCE (Section 35) APPLICATION FOR OFFICIAL SEARCH Registration Section …………………….… Block ……………………..….… Parcel ……………….…….… I HEREBY APPLY for an official search of the register relating to the above mentioned title. *I propose (or …………………………………………………………….………… proposes) to ………………………………………..……………..………………….…… Sect. 42 of the Ordinance and application is hereby made for a stay of registration in accordance with section 42(1) of the Registered Land Ordinance. The written consent of the proprietor accompanies this application. Dated this …………………… day of ………………….., 20…… ……………..….………...……. Signature of applicant, his legal practitioner or agent. Address: ………..…………….. ………………………………... * Delete if not applicable. TO BE SUBMITTED IN DUPLICATE 76 CAP. 65 Registered Land This e-version of the text is not authoritative for use in court. LAWS OF ST. HELENA Form 25 Form R.L.25. REGISTERED LAND ORDINANCE (Section 35) CERTIFICATE OF OFFICIAL SEARCH Registration Section ……………...………….… Block ………………………..… Parcel …………..…..….… On the ………………… day of ………………..……………, 20…… the following were subsisting entries on the register relating to the above-mentioned title. PART A–PROPERTY SECTION PART B–PROPRIETORSHIP SECTION PART C–INCUMBRANCES SECTION The following applications are pending— A stay of registration has been noted in the register, which expires on the ………… day of ………………………, 20…… ………………………… Registrar of Lands Form 26 41 41 Form 26 deleted by LN 4 of 2006 Registered Land CAP. 65 77 This e-version of the text is not authoritative for use in court. LAWS OF ST. HELENA SECOND SCHEDULE 42 FEES FEE N O DESCRIPTION FEE 1. On application for the registration of: 1a a transfer (of a freehold, leasehold, or charge) For each parcel affected - £15.00 1b A lease or sub-lease For each parcel affected - £25.00 1c a mortgage or charge If presented at the same time as an instrument to which fee 1a or 1b applies £10.00; In every other case, the same fee as would apply on an application to register a transfer of the land or lease comprised in the charge. 1d a caution or restriction £20.00 1d any other instrument (including a power of attorney presented for registration under section 114) £10.00 2. On filing any instrument, otherwise than for the purpose of registration. £5.00 3. On the issue of a Land Certificate. If issued in consequence of the registration of an instrument for which fee 1a or 1b applies - nil; In every other case - £15.00 4. Upon opening a new register in consequence of subdivision, partition, or combination. £5.00 for each new register, plus survey fees in accordance with Fee Number 8. 5. On application to inspect a register or a filed instrument or plan, or registry map £3.00 for the first document, plus £1.00 for each additional document inspected. 42 Second Schedule substituted by L.N. 11/1996 and LN 4 of 2006 78 CAP. 65 Registered Land This e-version of the text is not authoritative for use in court. LAWS OF ST. HELENA 6. On application for an official search £7.50 7. On an application for a certified copy of any register, filed instrument, plan, or map, for every A4 page copied— £3.00 for the first page, plus £1.00 for each additional page 8. On an application for subdivision, reparcellation or fixing a boundary, or any other application necessitating a survey, in addition to any other fee— 8a For each hour (or part thereof) of survey work. £12.00 8b For each beacon, post, or other boundary marker placed by the survey officers in the course of such survey £2.50 9 Miscellaneous applications to the Registrar: 9a For rectification of the register £15.00 9b For partition or sale of land owned in common £25.00 9c For registration as proprietor of land, or of an easement or profit, by prescription £20.00; plus the cost of such advertisement as the Registrar may Order. 10 For any matter or thing for which no provision is specifically made herein— Such fee as the Registrar may assess.