Land (Registration of Deeds) Act

LAWS OF THE GAMBIA LAND (REGISTRATION OF DEEDS) ACT CHAPTER 57:01 Act No. 5 of 1880 Amended by Act No. 6 of 1883 Act No. 11 of 1902 Act No. I of 19 15 Act No. 8 of 1916 Act No. 3 of 1921 Act No. 16 of 1956 Act No. 24 of 1957 Act No. 25 of 1972 p ssue I /2009] I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I land (Registration of Deeds) Act CHAPTER 57:01 LAND (REGISTRATION OF DEEDS) ACT ARRANGEMENT OF SECTIONS SECTION I. Short title. 2. Interpretation. 3. Registry to be established at Banj ul. 4. Appointment o f Registrar. 5. Record books to be kept. 6. Certificate of registration. 7. Priority of deeds according to date of registration. 8. Wills to take effect fro m the date of registration. 9. Instruments executed prior to Act. I 0. Mode of acknowledgement. CAP. 57:01 11. Copy of an instrument may be registered when the orig inal is preserved in a foreign country. I 2. Judgement affecting la nd to be registered within s ixteen days. 13. Instruments registered under repealed Ordinances. 14. No erasure in any register. 15. Destroying or fals ifying register books. 16. Chief Justice to inspect register. 17. Registers in Registry Office deemed in legal custody; to be produced on subpoena. 18. Copies or extracts of registers to be evidence. 19. Certified extracts may be used on notice given. 20. Registrar's attendance at office. 21 . Fees to be received by Registrar. 22. Fees receivable at option of Registrar. F IRST SCHEDULE Forms SECOND SCHEDULE Fees lo be Received by Registrar THIRD SCHEDULE Fees Receivable at Option of Registrar 3 [Issue 1/2009[ I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I CAP. 57:01 Land (Registration of Deeds) ACI CHAPTER 57:01 LAND (REGISTRATION OF DEEDS) ACT An Act to make provision for the public registering of deeds, conveyances, wills, contracts, and other instruments which shall be made of or that may affect any lands~ tenements, and hereditaments within The Gambia, and for connected matters. !Act No. 5 of 1880 amended by Act No. 6 of 1883, Act No. 11 of 1902, Act No. I or 191 5, Act No. 8 of 19 16, Act No. 3 of 1921 , Act No. 16 of 1956, Act No. 24 of 1957. Act No. 25 of 1972.) [Date of commencement: 14th July, 1980.] 1. Short title This Act may be cited as the Land (Registration of Deeds) Act. 2. Interpretation In this Act, unless the context otherwise requires "instrument" extends to any State grant, deed, contract, or power of attorney; ''land" extends to any estate or interest whatever in real property; "person" or "party" includes a company; "will" extends to a codicil. 3. Registry to be established at Banjul There shall be an office at Banjul for the registration of all instruments and wills affecting land, which shall be called the Registry Office. 4. Appointment of Registrar The Public Service Commission may appo int a Registrar for the purposes of this Act. (Act No. 6 of 1883, Act No. 16 of 1956.1 5. Record books to be kept (I) The Registrar shal I keep a set of books to be numbered consecutively which shall be called "Record Books" and shall as soon as practicable, cause each instrument and wil I in the order presented for registration,* together with * No instrument which is liable to stamp duly under the Stamp Act shall be registered under this Act until the same has been stamped in the manner required by the Stamp Act, and any person knowingly registering any such instrwnent which has not been duly stamped shall incur a fim: not exceeding one hundred dala~is. (Cap. 82:0 I , section 29). 5 [Issue 1/2009] CAP. 57:01 Land (Registration of Deeds) Act the Certificate of Reg istration placed thereon as provided in section 6 of this Act, to be copied at full length in one of the re.cord books and shall cause eve1y instrument and will as entered in each Book to be numbered consecutive ly from one upwards. (2) A Record Book sha ll have an index in which shall be stated in alphabeti­ cal order the name of every party to every instrument and the name of the testalor of every will recorded in the volume, with a refere.nce to the page of the volume where the instrument or will is recorded to which the name refers. 6. Certificate of registration The Reg istrar shall mark every instrument and will so registered by him or her by plac ing on it a certificate in the Form A o r the Form C, as the case may be, as set out in the First Schedule to this Act, under his or her hand, and the date of the certificate shaJI be taken to be the date at which such instrument or will was registered. [Forms A and C. Firsl Schedule.] 7. Priority of deeds according to date of registration An instrument executed after the date when this Act comes into operation so far as regards any land to be affected thereby sha ll take effect as against other instruments affecting the same land from the date of its registration: Provided that, every such instrument shall take effect from the date of its executio n if registered within any of the periods limited for registration as fo l­ lows, that is to say (a) if the instrument. is executed in Banjul, if registered within seven days from its date of execution; (b) if elsewhere in The Gambia, if registered w ithin s ixty days of its date of execution ; (c) if executed elsewhere than in The Gambia, if registered w ithin twelve months fro m its date of execution. [Act No. 8 of 19 16.l 8. Wills to take effect from the date of registration A will executed after the date when this Act comes into operation so far as regards any land to be affected thereby shall take effect as against other instru­ ments affecting the same property from the date of its registration: Provided that a will shall take effect from the death of the testator if regis­ tered within any of the periods limited for registration as fo llows, that is to say (a) of any person dying in The Gambia, if reg istered w ithin s ixty days after the death of the testator; [Issue 1/2009] 6 CAP. 57:01 land (Registration of Deeds) Act (b) of any person dying e lsewhere than in The Gambia, if registered within twelve months after the death of the testator. [Act No. 8 of 19 16.J 9. Instruments executed prior to Act (I) An instrument which has been executed before the date when this Act comes into operation sha ll take effect as against other instruments affecting the same property from the date of its registration: Provided tJ1at the instrument shall take effect from the date thereof if regis­ tered within six months from tile passing of this Act. (2) A will executed before such date shall take effect as against other instru­ ments affecting the same property from the date of its registration: Provided that the will shall take effect from the death of the testator if reg­ istered within the six months, and no proof or acknowledgement shall be required to register the instrument or will. (3) The operation of any instrument or will registered under the Ordinance of the 28th March, 1844, or the Ordinance No. 5 of 1879, passed on the 15th of Sep­ tember, 1879, sha ll not be affected by this Act. 10. Mode of acknowledgement (I) An instrument or a will executed after the date when this Act comes into operation, sha ll before be ing registered, be acknowledged by the vendor, donor, mortgagor, lessor, or other person conveying, transferring, mortgaging, charging or demising the land, or by some person authorised by him or her to acknowledge it, or proved upon oath by one or more of the subscribing witnesses to have been duly executed, which oath the Registrar is hereby empowered to administer, such proof or acknowledgement being made as fo llows (a) if the instrument or wi ll be executed in Banjul, before the Registrar, if elsewhere in The Gambia, before a Justice of the Peace; (b) if in any part of the Commonwealth or in the Republ ic of Ireland, before the Registrar-General or before any Judge of any Court of law, or Mayor or Chief Magistrate of any city, or before the Judge of any County Court, or before any Police Magistrate, or before the person having the chief command of any colony, or place, or before a Notary Public when his or her signature is duly authenticated by any of such persons; (c) if executed in any fore ign territory, before the Registrar-General, or any Gambian or British Consul, or other accred ited Gambian or British Representative, or the person in chief command of the coun­ try, territory, colony, place, c ity or town corporate, or c ity or town being in the nature of a corporation, having a public chief officer. IAct No. 8 of 1916.1 7 [Issue 1/20091 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I CAP. 57:0l land (Registration of Deeds) Acl (2) The memorial of a judgement shall express the date and title of the cause, and shall have on the margin or back a plan of the land, and shall describe the land to which the judgement re lates, and if possible shall refer to the allotment of the land as numbered or described in the instrument of conveyance from the State. (3) The memoria l shall be verified by the oath of some competent person, that it contains a true and just account of the several particulars set forth therein, and the oath shall be made and taken before the Registrar, who is hereby authorised and empowered to administer it, and the Registrar shall place on the back of the memo­ rial a certificate of registry, stating the date and time when received, and the name and abode of the person verifying it. 13. lostrumeots registered under repealed Ordinances An instrument registered under the provisions of the Ordinance of the 28th March, 1844, or the Ordinance No. 5 of I 879, passed on the I 5th of September, I 879, or copy thereof, shall be evidence in like manner and to the same extent as instruments registered under this Act, and the registers shall be removed into and be kept in the Registry o ffice established under this Act. 14. No er-Asure in any register An erasure shall not be made in any register or certified copy or extract thereot: and if any error occurs, then a line of red ink shall be drawn through any word improperly inserted, so as to leave the original word legible, and any word which may have been omitted sha ll either be interlined or written in the margin with red ink, and the Registrar shall subscribe his or her name in the margin opposite to each correction. lAct No. I of 1915.J 15. Destroying or falsifying register books A person who (a) wilfully destroys or injures, or causes to be destroyed or injured any Record Book or any part thereof, or certified copy or any part thereof; (b) fa lsely makes or counterfe its, or causes to be falsely made or coun­ terfeited, any part of any such Record Book or certified copy thereof; (c) wilfu lly inserts or causes to be inserted in any such Record Book or certified copy thereof any false entry of any instrument or land; (d) certifies any writing to be a copy or extract of any such record book or certificate, knowing it to be false in any part thereof; o r (e) forges and counterfeits the seal of the Registry Office, commits a felony, and is liable to imprisonment, with or without hard labour, for any term not exceeding seven years. 9 !Issue 1/2009] I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I CAP. 57:01 Land (Registralion of Deeds) Act 16. Chief Justice to inspect register At such period or periods in each year as the Minister may direct, all books, instruments and wills in the office of the Registrar shall be inspected by the C hief Justice of The Gambia, who shall attest by his or her signature the inspection and state the result thereof. 17. Registers in Registry Office deemed in legal custody; to be produced on subpoena All registers in the Registry Office shall be deemed to be in legal custody, and shall be receivable in evidence in all courts in The Gambia, and the Registrar shall produce or cause to be produced any register or record of subpoena or order of any court or tribunal, and on payment of a reasonable sum to be taxed as the court shall direct and to be paid to the Registrar on account of the loss of time of the officer by whom the register or record shall be produced. 18. Copies or extracts of registers to be evidence . (1) The Registrar shall at all reasonable times allow searches to be made in any register book or record in his or he r custody and on request and payment of the prescribed fees he or she shall g ive a copy or extract of any entry therein, and shall certify as correct all copies or extracts which may be granted by him or her from the registers or records. (2) Each copy or extract, or Certificate of Registration purporting to be signed by the Registrar, or the proper person to sign it, shall be received in evi­ dence without any further or other proof thereof, unless it is proved that it is a forgery, in all c ivil cases, instead of the production of the original register or record, subject to the provisions of section 19 of this Act. 19. Certified extracts may be used on notice given (I) In case any party intends to use in evidence at a trial which is not a criminal case any copy or extract, certified as provided by section J 8 of this Act from any register or record, he or she shall g ive notice in writing to the opposite party, his or her auomey or agent, of his or her intention l.o use the certified extract in evidence at the trial or hearing, and at the same time shall deliver to him or her, his or her attorney or agent, a copy of the extract and of the certificate thereon. (2) On proof by affidavit of lhe service, or on admission of the receipt of such notice and copy, such certified copy or extract shall be received in evidence at such trial, if the Judge is of opinion that the service has been made in sufficient time before such trial to have enabled the opposite party to inspect the original register or record from which such certified copy or extract has been taken. (Issue 1/20091 10 CAP. 57:01 Land (Registration of Deeds) Act 20. Registrar's attendance at office The Minister may, by Order to be published in the Gazette, from time to time fix the days and hours during which the Registry shall be open, and may regulate the attendance to be given at the Registry by the Registrar and by clerks or other subordinate officers for the due transaction of the business of the office. IAcl No. 11 of 1902, Acl No. 8 of 19 16.1 21. Fees to be received by Registrar The Registrar shall demand and receive the fees set out in the Second Sched­ ule to this Act, and such fees shall be monthly accounted for and paid by him or her to the Director of Treasury Directorate to be carried to the credit of the public revenue of The Gambia. I Act No. 6 of 1883. Second Schedule.I 22. Fees receivable at option of Registrar The Registrar may demand and receive the fees set out in the Third Schedule to this Act, and such fees, if any, shall be monthly accounted for and paid by him or her to the Director of Treasury Directorate to be carried to the credit of the public revenue of The Gambia. (Act No. 3 of 1921 , Third Schedule.J FIRST SCHEDULE Forms FORM A [Section 6.1 Certificate of Registration on Acknowledgement or Proof Before Registrar This instrument was acknowledged by (A.8.) within named, or by (C.D. duly author­ ised by A.8.) to be the deed of A.8. (or proved by the testimony of £.F. to be the deed of A.B.) before me this .................................. day of ........................................... in the year 20 ............................................. , at ............................ o'clock in the (fore or after) noon. (Signed) G. H. Registrar 11 [Issue 1120091 CAP. 57:01 Land (Registration of Deeds) Act FIRST SCHEDULE-continued FORM B [Section IO.] Certificate of Proof or Acknowledgement Elsewhere than at Banjul This Instrument was acknowledged by (by A.B. within named) (or proved by the testi mony of C.D. within named) to be the deed of A. B. before me this ................................. . day of ..................... , 20 ................. , at ..................................................................... (state where proved or acknowledged) at ....................................... o'clock in the ...................... . .................................................................. in 20 ............................ . GIVEN under my hand and official seal. (Signed) A. B . ................................ .............. . or GIVEN under my hand and private seal, I having no official seal. (Signed) A.B . .............................................. . or GIVEN under my hand, l having no official or private seal. (Signed) .A. B . ... ................. .......................... . FORMC [Sectiorrs 6 and I O.] Certificare of Registration of an Instrument Proved or Acknowledged before a Person other than the Registrar, or Registered under Section JO (J) This Instrument was delivered to me for Registration by A.B. of ................................ . .......................................................................... (state his or her residence and profession) at ........................... o 'clock in the (fore or after) noon this .................................... day of ......................................................... in20 .......................... . (Signed) A. B. Registrar [Issue 1/2009] 12 CAP. 57:01 land (Registration of Deeds) Act SECOND SCHEDULE !Section 21. Act No. 24 or 1957, Act No. 25 of l9TI.] Fees lo be Received by Regislrar* D. b For every acknowledgement or proof of an instrument ........................................... 2.50 Registration and recording of any instrument other than a memorial executed before the Registrar, for every folio of seventy-two words ..................................... 1.25 Verifying every memorial and recording the same.................................................. 5.00 Depositing every will or other instrument ............................................................... 2.50 Taking out the same ................................................................................................. 2.50 Every search in the records, for half an hour or under ............................................. 2.50 Every additional half-hour or under ......................................................................... 2.50 An attested copy of or extract from any recorded instrument or memorial, for every folio of seventy-two words .... ........................................................................ I. 75 Comparing, if required, any instrument with the register thereof, for every seventy-two words ................................................................................................... 0.75 Every other certificate or extract ............................................................................. 2.50 • No fees are payable for reg istration of an instrument executed by or on behalf of a Co-operative Society (LN 15 of 1960). THIRD SCHEDULE I Section 22, Act No. 24 of 1957. Act No. 25 of 1972.J Fees Receivable at Option of Registrar For every late registration of any instrument (if same is accepted by the Registrar)­ D. b Where the delay in registration does not exceed one month .................................... 15.00 For every succeeding month or part thereof ............................................................ 7.50 13 r1ssuc 1/2009) CAP. 57:01 land (Registration of Deeds) Act - Subsidiary legislation CHAPTER 57:01 LAND (REGISTRATION OF DEEDS) ACT SUBSIDIARY LEGISLATION List <if Subsidiary l egislation Page I. Appointment of Registrar .... ........ .... ..... .... .... ..... .... ............. ..... ... .... ..... I 7 15 lfssue 1/20091 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I CAP. 57:01 land (Registration of Deeds) Act - Subsidiary Legislation APPOINTMENT OF REGISTRAR ILN 3 of 1957.1 !Made under section 4,1 The Registrar-General has been appointed Registrar for the purposes of this Act with effect from the thirty-first day of December, 1956. 17 I Issue 1 /2009] I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I