Title by Registration (Possessory and Qualified Title) Regulations (Cap. 56:50)

Title by Registration Chap. 56.50 Tille by Registration (Possessory and Qualified Tille) Regulations SUBSIDIARY LEGISLATION u ( .•. U TITLE BY REGISTRATION (pOSSESSORY AND QUALIFIED TITLE) REGULA nONS ARRANGEMENT OF REGULATIONS 1. Short title. 2. Application. 3. Contents of request. 4. Notice by Registrar. 5. Notice to invite objections. 6. Service by applicant. 7. Judge may dispense with notice. 8. Delay before issue of certificate. 9. Contents of notice. 10. Notice as required by Regulations. 11. Affidavit of applicant. 12. Actual tenns of occupation. 13. Proof of avennents. 14. Plan. 15. Value under five hundred dollars. 16. Judge to examine evidence. 17. Qualified title. 18. On application for indefeasible title. o 19. Assurance Fund. 20. Stamps to be sold at Treasury. 21. Credit of Assurance Fund. 22. Receivers. 23. Receiver may be empowered to manage. 24. Fonns. SCHEDULE. 105 [Subsidiary] u u 0 LAWS OF DOMINICA Title by Registration Chap. 56.50 105 Title by Registration [Subsidiary] (PossessoryandQualijiMJTille)Regulations SUBSIDIARY LEGISLATION TITLE BY REGISTRATION (POSSESSORY AND QUALIFIED TITLE) REGULATIONS ARRANGEMENT OF REGULATIONS REGULATION 1. Short title. 2. Application. 3. Contents of request. 4. Notice by Registrar. 5. Notice to invite objections. 6. Service by applicant 7. Judge may dispense with notice. 8. Delay before issue of certificate. 9. Contents of notice. 10. Notice as required by Regulations. 11. Affidavit of applicant 12. Actual tenns of occupation. 13. Proof of averments. 14. Plan. 15. Value under five hundred dollars. 16. Judge to examine evidence. 17. Qualified title. 18. On application for indefeasible title. Miscellaneous 19. Assurance Fund. 20. Stamps to be sold at Treasury. 21. Credit of Assurance Fund. 22. Receivers. 23. Receiver may be empowered to manage. 24. Forms. SCHEDULE. L.R.0.111991 106 Chap.56.50 [Subsidiary] Gazette. 15/8/1880. Title by Registration Title by Registration (Possessory and Qualified Title) Regulations SUBSIDIARY LEGISLATION TITLE BY REGISTRATION (POSSESSORY AND QUALIFIED TITLE) REGULATIONS o Short title. 1. These Regulations may be cited as the TITLE BY REGISTRATION (pOSSESSORY AND QUALIFIED TITLE) REGULATIONS. Application. 2. Subject to these Regulations, any person who considers himself entitled to the absolute legal ownership of any land, either in his own right or as trustee for some other person, or to such ownership subject only to tenancies or incumbances, and who is or would, but for some tenancies or incumbrances, be in actual possession of the land, may apply for a certificate of possessory title. Contents of requesL Notice by Registrar. 3. The request shall show (a) if the land is in the occupation of a tenant, who the tenantis, the nature ofhis tenancy, and to whom he has attorned or is willing to attorn; (b) if the applicant is a trustee, the person beneficially entitled; (c) all incumbrances and the names of the incumbrancees; (d) any person as to whom there is reason to believe that he claims any right or interest in the said land, except public rights, easements and profits a prendre. In every request a place shall be stated where the applicant may be served with notices or other documents. 4. When the request is presented the Registrar of Titles shall cause notice thereof, showing the date of presentation, the name and descrip tion of the applicant, the land to which the application relates, the person or persons in whose favour the certificate or any noting thereon is applied for, and the interest to be assured to every such person, to be published as follows: by exhibiting the same on the door of the Court House of the High Court, and at the place where the Magistrate's Court is held for the district in which the land is situated, and by advertisement LAWS OF DOMINICA 106 Chap. 56.50 Title by Registration [Subsidiary J Title by Registration Gautte. 15/8/1880. Commencement. Short title. Application. Content■ of request. (Possusory and Qualifi«l Till.e) Regulations SUBSIDIARY LEGISLATION TITLE BY REGISTRATION (POSSESSORY AND QUALIFIED TITLE) REGULATIONS made under section 181 [5th September 1889) 1. These Regulations may be cited as the TITLE BY REGIS1RATION (POSSESSORY AND QUALIFIED TITLE) REGULATIONS. 2. Subject to these Regulations, any person who considers himself entitled to the absolute legal ownership of any land, either in his own right or as trustee for some other person, or to such ownership subject only to tenancies or incumbances, and who is or would, but for some tenancies or incumbrances, be in actual possession of the land, may apply for a certificate of possessory title. 3. The request shall show ( a) if the land is in the occupation of a tenant, who the tenant is, the nature of his tenancy, and to whom he has attomed or is willing to attom; (b) if the applicant is a trustee, the person beneficially entitled; ( c) all incumbrances and the names of the incumbrancees; 0 ( d) any person as to whom there is reason to believe that he claims any right or interest in the said land, except public rights, easements and profits a prendre. In every request a place shall be stated where the applicant may be served with notices or other documents. \..J Notice by Registrar. 4. When the request is presented the Registrar ofTitles shall cause notice thereof, showing the date of presentation, the name and descrip­ tion of the applicant, the land to which the application relates, the person or persons in whose favour the certificate or any noting thereon is applied for, and the interest to be assured to every such person, to be published as follows: by exhibiting the same on the door of the Court House of the High Court. and at the place where the Magistrate's Court is held for the district in which the land is situated, and by advertisement Title by Registration Chap.56.50 107 Title by Registration [Subsidiary] (Possessory and QU4lified Title) Regulations in the Gazette and also, in those islands in which a newspaper is published, in two issues of any such newspaper. No certificate shall issue till the expiration of twenty-one days from the latest of such publications. 5. Every published notice shall contain a statement to the effect N~cc: to invite that anyone who objects to the issue of a certificate as applied for must, obJections. within twenty-one days from the first publication of the notice, enter a caveat at the office of the Registrar of TItles. 6. The applicant shall cause similar notice to be served upon all Serv~ce by ed· th be fi'al . b applicant.persons nam m e request as ne Cl owners, mcum rances or claimants, and upon such other persons as a Judge may direct. Service shall be effected in the manner in which proceedings of the High Court are served. 7. A Judge may, if he thinks fit, dispense with the service of any J~dge may. • • dispense Withnotice reqUIred to be served. notice. 8. A certificate shall not be granted until the expiration of twenty- ~lay before one days from the service of the latest served of the notices required to ISSrtifiU~Oftece IC8. be served. 9. Every notice served shall contain a statement to the effect that Co~tents of any person served who objects to the issue of the certificate as applied notice. for must, within fifteen days from the service upon him, enter a caveat at the office of the Registrar of Titles. 10. No notice shall be given except as required by these Regulations. Notice as required by Regulations. 11. The applicant must show ,by his own affidavit or other sufficient Affi~vit of evidence, in respect of the continuous period of one yearnext before the applicant. presentation of the application, that he has been, or but for some tenancy or incumbrance would have been, in actual and uninterrupted posses sion of the land; or that he and those under whom he derives title have been, or but for some tenancy or incumbrance would have been, in such possession. 12. The terms under which the actual occupant, whether as tenent Actual ~rms of or otherwise, is in occupation must be shown by the affidavit of such occupation. occupant or other sufficient evidence. \ ... .../ G LAWS OF DOMINICA Title by Registration Chap. 56.50 107 Title by Registration [Subsidiary] (PossusoryandQualifiedTitle)Regulations in the Gazette and also, in those islands in which a newspaper is published, in two issues of any such newspaper. No certificate shall issue till the expiration of twenty-one days from the latest of such publications. 5. Every published noti.ce shall contain a statement to the effect N~~ to invite that anyone who objects to the issue of a certificate as applied for must, object1ons. within twenty-one days from the first publication of the notice, enter a caveat at the office of the Registrar of Titles. 6. The applicant shall cause similar notice to be served upon all Serv~ce by persons named in the request as beneficial owners, incumbrances or applicanL claimants, and upon such other persons as a Judge may direct. Service shall be effected in the manner in which proceedings of the High Court are served. 7. A Judge may, if he thinks fit, dispense with the service of any J~ge may. notice required to be served. dispense wilh notice. 8. A certificate shall not be granted until the expiration of twenty- ~ay before one days from the service of the latest served of the notices required to :~'!re. be served. 9. Every notice served shall contain a statement to the effect that ~tents of any person served who objects to the issue of the certificate as applied nouce. for must, within fifteen days from the service upon him, enter a caveat at the office of the Registrar of Titles. 10. No notice shall be given except as required by these Regulations. Noti~ as required by Regulations. 11. The applicant must show, by his own affidavit or other sufficient Affi~vit of evidence, in respect of the continuous period of one yearnext before the appbcanL presentation of the application, that he has been, or but for some tenancy or incumbrance would have been, in actual and uninterrupted posses sion of the land; or that he and those under whom he derives title have been, or but for some tenancy orincumbrance would have been, in such possession. 12. The terms under which the actual occupant, whether as tenent Actual ~nn• of or otherwise, is in occupation must be shown by the affidavit of such 0a:upa11on. occupant or other sufficient evidence. L.R.0.111991 108 [Subsidiary] Proof of averments. Value under five hWldred dollan. Judge to examine evidence. On application for indefeasible title. Chap. 56.50 Title by Registration Title by Registration (Possessory and Qualified Title) Regulations 13. Prima facie evidence must be given of the avennents in the request as to incumbrances and claims. In general an affidavit of the applicant and of his solicitor, if a solicitor is employed, in which the deponent or each deponent speaks to the best of his knowledge, remembrance, infonnation and belief, will be necessary and sufficient. But a Judge may, if he thinks fit, accept or require other evidence. o 14. An applicant may, ifhe pleases, hand in a plan to be lodged with the request, but shall not be bound to do so. In any case he must in his request describe the land by abuttals or otherwise, with reasonable certainty. A Judge may require a better description to be supplied. 15. Where the value of the land in respect of which a certificate is applied for appears not to exceed five hundred dollars the applicant shall not be required, unless a Judge otherwise directs, to cause any notice to be served or to produce any evidence. But he will in general be required to satisfy the Magistrate of the district in which the land or some part thereofis Situated, of the truth of the material statements of the request. 16. The evidence or title tendered by an applicant for a possessory title shall be examined by a Judge as far as may be in the same manner and subject to the provisions which apply in the case of applications for indefeasible titles. 17. An applicant for a certificate of qualified title must, in his request, state precisely the qualification which he desires to have embodied in the certificate. The title shall be examined and the procedure and practice be the same as in the case of an application for a certificate of indefeasible title. 18. In the case of an application for a certificate of indefeasible title, a Judge, if after examination of the title and the evidence thereof, he considers that the applicant is not entitled to such a certificate but is entitled to a certificate of qualified title, may, with the consent of the applicant and of any other person whose consent the Judge thinks it just to require, grant a certificate of qualified title, according as the Judge considers the applicant entitled. 108 [Subsidiary] Proof of avennents. Plan. Value under five hlDldred dollan. Judge to examine evidence. Qualified title. On application for indefeasible title. LAWS OF DOMINICA Chap. 56.50 Title by Registration Title by Registration (Possessory and. Qualified. Title) Regulations 13. Prima facie evidence must be given of the avennents in the request as to incumbrances and claims. In general an affidavit of the applicant and of his solicitor, if a solicitor is employed, in which the · deponent or each deponent speaks to the best of his knowledge, remembrance, infonnation and belief, will be necessary and sufficient. But a Judge may, if he thinks fit, accept or require other evidence. 14. An applicant may, ifhe pleases, hand in a plan to be lodged with the request, but shall not be bound to do so. In any case he must in his request describe the land by abuttals or otherwise, with reasonable certainty. A Judge may require a better description to be supplied. 15. Where the value of the land in respect of which a certificate is appliedforappearsnottoexceedfivehundreddollarstheapplicantshall not be required, unless a Judge otherwise directs, to cause any notice to be served orto produce any evidence. But he will in general be required to satisfy the Magistrate of the district in which the land or some part thereofis situated, of the truth of the material statements of the request. 16. 1be evidence or title tendered by an applicant for a possessory title shall be examined by a Judge as far as may be in the same manner and subject to the provisions which apply in the case of applications for indefeasible titles. 0 17. An applicant for a certificate of qualified title must, in his request, state precisely the qualification which he desires to have embodied in the certificate. 1be title shall be examined and the procedure and practice be the same as in the case of an application for a certificate of indefeasible title. \ j 18. In the case of an application for a certificate of indefeasible title, a Judge, if after examination of the title and the evidence thereof, he considers that the applicant is not entitled to such a certificate but is entitled to a certificate of qualified title, may, with the c onsent of the applicant and of any other person whose consent the Judge thinks it just to require, grant a certificate of qualified title, according as the Judge considers the applicant entitled. Title by Registration Chap. 56.50 Title by Registration (Possessory and Qualified Title) Regulations MisceUaneous 109 [Subsidiary] 19. Contributions to the Assurance Fund shall be paid by such Assurance Fund. stamps as are used for the payment of fees in the High Court, with the words "Assurance Fund" overprinted. The stamps shall be affixed by the Registrar of TItles to the registered certificate and shall be cancelled by the Registrar as stamps for collecting fees in the High Court are cancelled. 20. The stamps shall be sold at the Treasury Offices of the respective Stamps to be sold State in any quantity that a purchaser may require, and no discount shall at Treasury. be allowed to any purchaser. 21. The moneys arising from the sales shall be paid to the credit of Credit of • Assurance Fund.the TItles to Land Assurance Fund. 22. A receiver may be appointed under section 18 of the Act in the Receivers. same manner as receivers are appointed in actions. He shall be remunerated by such poundage (if any) as the Court directs, not exceeding ten per cent on the sums collected. 23. A receiver may be empowered by the Court to manage the Receiver may be property in respect of which he is appointed receiver. :::;:.red to 24. The fonns contained in the Schedule, as also the fonns contained Forms. in the Schedule ofFonns to the Act, may be used in cases to which they are applicable, with such modifications (if any) as may be required. C LAWS OF DOMINICA Title by Registration Chap. 56.50 109 Tille by Registralion [Subsidiary] (Possessory and Qualified.Tille) Regulations Miscellaneous 19. Contributions to the Assurance Fund shall be paid by such Assuranc:e Fund. stamps as are used for the payment of fees in the High Court, with the words 11Assurance Fund" overprinted. 1be stamps shall be affixed by the RegistrarofTides to the registered certificate and shall be cancelled by the Registrar as stamps for collecting fees in the High Court are cancelled. 20. 1be stamps shall be sold at the Treasury Offices of the respective Stamps to be sold State in any quantity that a purchaser may require, and no discount shall at Treaswy. be allowed to any purchaser. 21. The moneys arising from the sales shall be paid to the credit of Credit of the Titles to Land Assurance Fund Assurance Fund. 22. A receiver may be appointed under section 18 of the Act in the Receivers. same manner as receivers are appointed in actions. He shall be remunerated by such poundage (if any) as the Court directs, not exceeding ten per cent on the sums collected. 23. A receiver may be empowered by the Court to manage the Receiver may be property in respect of which he is appointed receiver. empowen:d to manage. 24. 1befonnscontainedin the Schedule, as also the fomls contained Forms. in the Schedule ofFomls to the Act, may be used in cases to which they are applicable, with such modifications (if any) as may be required. L.R.0.111991 110 Chap.56.50 [Subsidiary] Title by Registration Title 1Ty Registration (Possessory and Qualified Tille) Regulations SCHEDULE o To the Registtar of Tides of the Commonwealth of Dominica. I, of in the Commonwealth of Dominica am owner of in the said Commonwealth of Dominica commonly called and bounded as follows, viz. The said now and has been ever since in actual occupation. The said of the extent of and is so far as I can estimate the same of the value of $ There are no mortgages or incumbrances affecting the same. There is no other person claiming to be owner of said lands or claiming any right or interest therein except public rights, easements and profits a prendre. For the purpose of dealing with the said estate and obtaining a possessory tide I request that a certificate of tide as registered proprietor may be issued to me of the lands above set forth. AndI hand in herewith the tide deeds under which I hold the said lands as owner aforesaid, which are enumerated and set forth in the Schedule attached hereto. I have not knowingly withheld any fact concerning the said lands which ought to have been disclosed in making this request, and I have truly and honestly to the best of my knowledge and belief represented the truth concerning the tide ..\ thereof. ~ ...~ Note. -If the request is made by a mortgagor or incumbrancer with the consent of the mortgagees or incumbrancees this form must be modified accordingly. LAWS OF DOMINICA 110 Chap. 56.50 Title by Registration [Subsidiary] Title by Registration (PouusoryandQllillijiedTitle)Regulalions SCHEDULE FORMl POSSESSORYTITLE COMMONWEAL'IllOFDOMINICA Title by Registration Act, Ch. 56:50 REQUEST POR ISSUE OF CER.11FICA1E OF 1TlLB To the Registtar of Tides of the Commonwealth of Dominica. I, of of Dominica am owner of Dominica commonly called in the Commonwealth in the said Commonwealth of and bounded as follows, viz. The said now and has been ever since in actual occupation. The said of the extent of and is so far as I can estimate the same of the value of$ There are no mortgages or incumbrances affecting the same. Thereisnootherpersonclaimingtobeownerofsaidlandsorclaiminganyright or interest therein except public rights, easements and profits a prendre. For the purpose of dealing with the said estate and obtaining a possessory title I request that a certificate of title as registered proprietor may be issued to me of the lands above set forth. Andi hand in herewith thetitledeedsunderwhich Iholdthesaidlandsasowner aforesaid, which are enumerated and set forth in the Schedule attached hereto. 0 I have not knowingly withheld any fact concerning the said lands which ought to have been disclosed in making this request, and I have truly and honesdy to the best of my knowledge and belief represented the truth concerning the tide thereof. 0 Given under my hand this Signature of Applicant. day of Signed before and in the presence of , 19 . Witness. Note. - H the n,quest is made by a mortgagor or incwnbrancer with the consent of the mortgagees or incwnbrancees this form must be modified acconlingly. Title by Registration Chap. 56.50 Title by Registration (Possessory and QUQlijied Title) Regulations FORM 2 QUALIFIED TITLE COMMONWEALlH OF DOMINICA I, of in the Commonwealth of Dominica am the holder of the title and ownerin possession of in the said Commonwealth of Dominica commonly called and bounded as follows, viz. The deed under which I hold the is The said is of the extent of and in SO far as I can estimate the same of the value of $ There are no mortgages or incumbrances affecting the same. There is no other person claiming to be owner of said lands except claims arising under the qualification herein stated. For the purpose of dealing with the said and obtaining a qualified title I request that a certificate of title as registered proprietor may be issued to me of the lands above set forth, placing upon the certificate of title or attaching thereto the plan of the said lands made and drawn by licensed surveyor which accompanies this request. And I hand in herewith the title deeds under which I hold the said lands as owner aforesaid, which are enumerated and set forth in the Schedule attached hereto. The qualification which I desire to have noted or endorsed on the certificate is as follows, viz. I have not knowingly withheld any fact concerning the said lands which ought to have been disclosed in making this request, and I have truly and honestly to the best of my knowledge and belief represented the truth concerning the title thereof. Given under my hand this day of Signature of Applicant. Signed before and in the presence of Note. -If the request is made by a mortgagor or incwnbrancer, or limited owner with the consent of the mortgagees or incumbrancees or other persons interested, this form must be modified accordingly. 111 [Subsidiary] LAWS OF DOMINICA Title by Registration Chap. 56.S0 111 Tille by Registration [Subsidiary J (PossnsoryandQualifiedTitle)Regulations FORM2 QUALIFIED TITLE COMMONWBALTI-1 OF DOMINICA Title by Registration Act, Ch. 56:50 REQUF.ST FOR ISSUE OF CERTIACA1E OF TI1LE To the Registrar of Titles of the Commonwealth of Dominica. I, of in the Commonwealth of Dominica am the holder of the title and owner in possession of in the said Commonwealth of Dominica commonly called and bounded as follows, viz. The deed under which I hold the is The said is of the extent of and in so far as I can estimate the same of the value of$ There are no mortgages or incumbrances affecting the same. There is no other person claiming to be owner of said lands except claims arising under the qualification herein stated. For the purpose of dealing with the said and obtaining a qualified title I request that a certificate of title as registered proprietor may be issued to me of the lands above set forth, placing upon the certificate of title or attaching thereto the plan of the said lands made and drawn by licensed surveyor which accompanies this request. And I hand in herewith the title deeds under which I hold the said lands as owner aforesaid, which are enumerated and set forth in the Schedule attached hereto. The qualification which I desire to have noted or endorsed on the certificate is as follows, viz. I have not knowingly withheld any fact concerning the said lands which ought to have been disclosed in making this request, and I have truly and honestly to \.. .. / the best of my knowledge and belief represented the truth concerning the title thereof. Given under my hand this day of , 19 . Signature of Applicant. Signed before and in the presence of Witness. Note. - If the request is made by a mortgagor or incwnbranccr, or limited owner with the consent of the mortgagees or incwnbrancees or other persons interested, this form must be modified accordingly. L.R.0.111991 112 Chap.56.50 [Subsidiary] Title by Registration Title by Registration (Possessory and Qualified Title) Regulations FORM 3 POSSESSORY TITLE COMMONWEALTII OF DOMINICA Title by Registration Act, Ch. 56:50 CERTIFICATE LAND TITLES Register Book Fol. KNOW ALL MEN TO WHOM mESE PRESENTS shall come, that is registered proprietor with possessory title of Subject nevertheless to the mortgages and incumbrances which are noted or endorsed hereon. In faith and testimony whereof! havehereunto subscribedmynameandafftxed the seal of my office this day of 19 FORM 4 QUALIFIED TITLE COMMONWEALTII OF DOMINICA Title by Registration Act, Ch. 56:50 CERTIFICATE OF TITLE LAND TITLES Register Book Fol. KNOW ALL MEN TO WHOM THESE PRESENTS shall come, that is registered proprietor of All as the same are delineated and set forth on the plan thereof by licensed surveyor annexed hereto. Subject nevertheless to the qualiftcation mortgages and incumbrances which are noted or endorsed hereon. In faith and testimony whereof! havehereunto subscribedmyname andafftxed the seal of my office this day of 19 . 112 [Subsidiary] Chap.56.50 LAND TITLES LAWS OF DOMINICA Title by Registration Title by RegistraJion (Possessory and Qualified Title) RegulaJions FORM3 POSSESSORY TITLE COMMONWEALTH OF DOMINICA Title by Registration Act, Ch. 56:50 CERTIFICATE Register Book Fol. KNOW ALL MEN TO WHOM THESE PRESENTS shall come, that is registered proprietor with possessory title of Subject nevertheless to the mortgages and incumbrances which are noted or endorsed hereon. In faith and testimony whereof! have hereunto subscribed my name and affixed the seal of my office this day of 19 Signature of Registrar of Titles. LAND TITLES Register Book FORM4 QUALIFIED TITI..E COMMONWEALTH OF DOMINICA Title by Registration Act, Ch. 56:50 CERTIFICATE OF TilLE Fol. KNOW ALL MEN TO WHOM THESE PRESENTS shall come, that is registered proprietor of All as the same are delineated and set forth on the plan thereof by licensed surveyor annexed hereto. Subject nevertheless to the qualification mortgages and incumbrances which are noted or endorsed hereon. In faith and testimony whereof! have hereunto subscribed my name and affixed the seal of my office this day of 19 . Signature of Registrar of Titles.