Registration of Titles Act
- Commenced on 1 May 1924
- [This is the version of this document from 2 September 2011.]
- [Note: The version of the Act as at 31 December 2000 was revised and consolidated by the Law Reform Commission of Uganda. All subsequent amendments have been researched and applied by Laws.Africa for ULII.]
- [Amended by Mortgage Act, 2009 (Act 8 of 2009) on 2 September 2011]
Part I – Preliminary
1. InterpretationIn this Act, unless inconsistent with the context or subject matter—
2. Conflicting laws
Part II – Officers
3. Appointment of officers
4. Signature to be judicially noticedAll courts, judges and persons acting judicially shall take judicial notice of the signature of the registrar.
5. Seal of officeThe registrar shall cause to be kept a seal bearing the impression of the armorial ensigns of Uganda and having inscribed in the margin of the seal the words “Office of Titles, Uganda”; and all certificates of title and other documents purporting to be sealed with such seal and to be signed by the registrar or by a deputy or assistant registrar shall be admissible as evidence without further proof.
6. Appointment of sworn valuers
Part III – Bringing land under the Act
7. Future grants and final mailo certificates to be registered
8. Grants for public purposesAt the time of the registration of every grant in fee to two or more persons in joint tenancy for any public purpose, the registrar shall endorse on it and on every subsequent certificate of title the words “no survivorship” and shall sign his or her name thereto.
9. Lands alienated before the Registration of Land Titles Ordinance, 1908
10. Application when no dealing has been registered under Cap. 113, 1951. Revision, Ordinance 3 of 1904 or Cap. 81If on any such application or dealing as aforesaid it appears to the registrar that no transaction affecting the land has been registered under the Land Regulations, the Registration of Documents Ordinance, 1904, or the Registration of Documents Act, he or she shall bring the land under the operation of this Act forthwith by registering a certificate of title to the land in the form in the Third Schedule to this Act.
11. Application when a dealing has been registeredIf it appears to the registrar that any such transaction as aforesaid has been registered and that all incumbrances affecting the land (excepting such as are hereafter mentioned as not requiring special notification) have been released, or that the owners of the land have consented to the application, or that any incumbrance (not being a mortgage the owner of which has not consented to the application) may be specified in the certificate of title and continue outstanding, the registrar shall publish notice of the application in the Gazette and shall serve the notice on such person or persons as he or she may think fit, and shall appoint a time not less than twenty-eight days nor more than twelve months from the publication of the notice on or after the expiration of which the registrar shall, unless a caveat is lodged forbidding it, bring the land under the operation of this Act.
12. Rejection of application for delayThe registrar may, after giving to the applicant or his or her agent one month’s notice in this behalf, reject the application unless the applicant adduces satisfactory proof that he or she is proceeding without unnecessary delay in complying with any requisitions on the title made by the registrar.
13. Notices of applicationUpon any application being made to bring land under this Act, or in any such dealing as aforesaid, the registrar shall serve the notice thereof mentioned in section 11 on all persons appearing on the register to have a then subsisting estate or interest in the land.
14. Person claiming title by possession to post notice of application on landOn any application to bring land under this Act on a title claimed by possession, the applicant shall post on the land the subject of the application or at such place as the registrar directs a notice in the form of Form II of the First Schedule to this Act, either accurately describing or necessarily including the land claimed by possession, and shall keep that notice so posted for not less than twenty-one days prior to the granting of the application; and the registrar may refuse to issue the certificate until it has been proved to his or her satisfaction that the requirements of this section have been complied with.
15. Land to be brought under the Act unless caveat receivedIf before the registration of the certificate the registrar has not received a caveat forbidding the registration, he or she shall bring the land under this Act by registering in the name of the applicant or in the name of such person as has been directed in that behalf a certificate of title to the land in the form in the Third Schedule to this Act.
16. Land occupied may be brought under the Act by a different description from that in the titleOn any application to bring land under this Act in which the land actually and bona fide occupied by the applicant differs in boundaries, area or position from the land described in his or her muniments of title, he or she may apply to bring under this Act the land so occupied; and in any such case the applicant shall state in his or her application in addition to the other particulars required by this Act that the land as occupied by him or her and as to which he or she applies for a certificate is not correctly described in the muniments of title lodged in support of the application, and shall specify to the best of his or her knowledge and belief the reasons for the discrepancy between the land as occupied and the land as described in the muniments of title.
17. Application to bring land under the Act may be granted as to land occupied under but not described in the title deedsOn any application to bring land under this Act by a description different from that in the muniments of title, the registrar may grant the application as to the land in the occupation of the applicant if the discrepancy between the land as occupied and as described in the muniments appears to be due to the inaccuracy of any survey or plan or description on the sale of the land by the Government of Uganda or controlling authority or on any subsequent dealing therewith, or to any discrepancy between the actual measurements or bearings at any time made or marked on the ground and those represented or mentioned in any plan or description.
18. In case of error in Government survey, title may correspond to actual dimensionsIf the land included in any application to bring land under this Act consists of an estate or plot surveyed by the Government and it is found by survey or otherwise that by reason of erroneous measurements in the original Government survey the actual dimensions of the estate or plot as marked on the ground exceed or fall short of the dimensions given in the grant of the land, the registrar may issue a certificate in respect of that land as if the dimensions marked on the ground had been the dimensions given in the grant.
19. Excess of land may be apportioned between different owners or proprietorsWhere a block or section of public land has been subdivided into plots or portions of equal area and by reason of erroneous measurements in the original survey the area of the block or section as marked on the ground exceeds the sum of the areas of all the plots or portions as shown by any plan or description used at the sale or by any grant or certificate of title of any such plot or portion, the total excess of area of the block or section shall be deemed originally distributable among the plots or portions equally; and if the area of the land included in any application to bring land under this Act is in the applicant’s possession and was in that applicant’s possession or in the possession of those through whom he or she claims for over twelve years previous to the application and does not exceed the area obtained by dividing the area of the block or section as shown on the ground by the number of original plots or portions, the registrar may without ascertaining the dimensions of the other plots or portions and without the consent of the owner or owners of those plots or portions issue a certificate in respect of the land included in that application as if the whole of it had been included by measurements and boundaries in the original grant or certificate of title of that plot or portion.
20. Parties interested may lodge caveat
21. Proceedings suspended if caveat received
22. Caveat to lapse unless proceedings taken within one month
23. Production of title deeds in support of an application to bring land under the ActAfter an application has been made to have any land brought under the operation of this Act, the registrar may require all persons having in their possession or custody any deeds, instruments or evidences of title relating to or affecting the land the subject of that application to produce them at the office of titles for his or her inspection.
24. Applicant may withdraw applicationAn applicant may withdraw his or her application at any time prior to the registration of the certificate; and the registrar shall in that case return to the applicant or to the person appearing by the application to be entitled to them all muniments of title lodged in support of the application; but in that case, if a caveator has been put to expense without sufficient cause by reason of the application, he or she shall be entitled to receive from the applicant such compensation as a judge of the High Court on a summons in chambers deems just and orders.
25. Endorsement of prior title deeds
26. Subsisting lease to be endorsed and returnedWhere any subsisting lease has been lodged, the registrar shall, after he or she has endorsed it as provided in section 25 in the case of the last in date of material registered documents, return the lease to the person lodging it upon the applicant lodging with the registrar a certified copy of the lease.
27. Record Book to be kept of documents
28. Certificate of title to issue in name of deceased applicant or his or her nomineeIn case the applicant or the person in whose name the applicant has requested that the certificate of title shall be issued dies between the application and the registration of the certificate, it shall be registered in the name of that applicant or of that person, as the case may be, and the land shall devolve or pass in like manner as if the certificate had been registered prior to the death of that applicant or person.
29. Application to bring under the Act land registered under Ordinance 11 of 1908Any person in whose name any land is registered under the Registration of Land Titles Ordinance 11 of 1908, may make an application in the form in the Second Schedule to this Act to the registrar to bring that land under this Act.
30. ProcedureUpon receipt of any application under section 29, the registrar shall—
31. Effect of lodgment of instrument affecting land registered under Ordinance 11 of 1908Where, after the commencement of this Act, an instrument affecting land or any interest in land, the title to which is registered under the Registration of Land Titles Ordinance, 1908, is presented for registration, that instrument shall have the same effect and shall be treated in the same manner as an application under section 29 as to the whole of the land comprised in the title affected, and upon the receipt of any such instrument the registrar shall—
32. Closing of 1908 register
33. FeesThe fees payable for the registration of an instrument under section 31 shall be the same as would be payable for the registration of a like instrument under the Registration of Land Titles Ordinance, 1908, and in respect of the bringing of land under this Act in accordance with section 30 or 31 of this Act the fees specified in the Twenty-second Schedule to this Act shall be payable.
34. Fee for assurance of title
35. Additional assurance fee in case of imperfect title
36. Registration of leaseholds
Part IV – Certificates of title and registration
37. Register Book
38. Certificates of title
39. Issue of limited certificatesWhere the registrar deems it necessary or expedient to do so, he or she may, after the 1st November, 1958, in respect of any land for which no certificate of title has previously been registered and of which no survey plan has been deposited, with the consent of the commissioner of lands and surveys, register a certificate in any of the prescribed forms which is endorsed with the words “Limited as to Parcels”.
40. Removal of limitation as to parcelsOn payment of the prescribed fee, the registrar may remove the limitation as to parcels from a limited certificate or may register an ordinary certificate in lieu of the limited certificate, but he or she shall not be bound to do so until—
41. Ordinary certificate not to be registered until limitation removedExcept as otherwise provided in this Act, so long as a certificate continues to be limited as to parcels, no new certificate, other than a limited certificate, shall be registered in substitution for it, or for any part of the land comprised in it, unless in the latter case the limitation as to parcels does not affect the part of the land for which the new certificate is sought to be registered
42. Application of Act to limited certificateExcept as otherwise provided in this Act, all the provisions of this Act shall, so far as the circumstances of the case will admit, apply with respect to land comprised in a limited certificate and to the registration of instruments and other matters affecting the land.
43. No action against Government in certain casesNo action for the recovery of damages shall lie against the Government by the proprietor of land comprised in any limited certificate or by any other person by reason of any error or omission in the description of the parcel of land comprised in that certificate.
44. Area of land need not be mentioned in certificateIt shall not be necessary to mention the area of any parcel of land included in a certificate where the area of the parcel is less than one acre, and the omission to refer to the area of the land comprised in a certificate shall not in any case invalidate the certificate.
45. Receipts may be required for duplicate certificatesOn the delivery of any duplicate certificate of title, a receipt for it in the handwriting of the proprietor may when practicable be required to be signed by him or her.
46. Effective date of registration; the duly registered proprietor
47. Registration of transfers of mortgages and transfers or mortgages of leases, etc.On the registration of any transfer of a mortgage and every transfer or mortgage of a lease or sublease, there shall be endorsed on the mortgage, lease or sublease respectively so transferred or mortgaged a memorial of the instrument as described in section 51, and it shall not be necessary to enter that memorial in the Register Book upon the folium constituted by the existing certificate of title.
48. Instruments entitled to priority according to date of registration
49. Leases and mortgages may be in triplicateAny lease or mortgage presented for registration may be in triplicate, and upon the registration of that lease or mortgage as provided by section 48 the parts not retained shall be delivered to the person presenting the lease or mortgage for registration; but in every case of registration in triplicate, the word “triplicate” shall be endorsed upon each instrument and initialled by the registrar and the words “lessor’s part” shall be similarly endorsed and initialled upon one and the words “lessee’s part” upon the other of the two leases returned, and the words “mortgagor’s part” shall be similarly endorsed and initialled upon one and the words “mortgagee’s part” upon the other of the two mortgages returned.
50. No notice of trusts to be entered in Register BookThe registrar shall not enter in the Register Book notice of any trust whether express, implied or constructive; but trusts may be declared by any document, and a duplicate or an attested copy of the document may be deposited with the registrar for safe custody and reference; and the registrar, should it appear to him or her expedient to do so, may protect in any way he or she deems advisable the rights of the persons for the time being beneficially interested thereunder or thereby required to give any consent; but the rights incident to any proprietorship or any instrument dealing or matter registered under this Act shall not be affected in any manner by the deposit of the duplicate or copy nor shall the duplicate or copy be registered.
51. Memorial definedEvery memorial entered in the Register Book shall state the nature of the instrument to which it relates, the time of the production of that instrument for registration and the name of the party to whom it is given and shall refer by number or symbol to the instrument, and shall be signed by the registrar.
52. Memorial to be entered on duplicate instrumentWhenever a memorial of any instrument has been entered in the Register Book, the registrar shall thereupon enter the like memorial on the duplicate certificate of title unless the production of the duplicate is dispensed with as provided in section 69; and he or she shall endorse on every instrument registered a certificate of the entry of the memorial on the folium of the register on which the same is entered and shall authenticate the certificate by signing his or her name to it; and that certificate shall be received in all courts as conclusive evidence that the instrument has been duly registered.
53. Signature of registrar substituted for seal in certain casesOn the first issue of a certificate of title the seal of the office of titles shall be impressed on the certificate together with the signature of the registrar; and on the entry thereon of every subsequent memorial that memorial shall be signed by the registrar and it shall not be necessary to impress the seal on it; and such certificate and memorial shall be received in all courts as conclusive evidence that the instrument has been registered; and all courts and persons acting judicially shall take judicial notice of the seal and signature and shall presume that the seal was properly impressed and that the signature was properly attached.
54. Instruments not effectual until registeredNo instrument until registered in the manner herein provided shall be effectual to pass any estate or interest in any land under the operation of this Act or to render the land liable to any mortgage; but upon such registration the estate or interest comprised in the instrument shall pass or, as the case may be, the land shall become liable in the manner and subject to the covenants and conditions set forth and specified in the instrument or by this Act declared to be implied in instruments of a like nature; and, if two or more instruments signed by the same proprietor and purporting to affect the same estate or interest are at the same time presented to the registrar for registration, he or she shall register and endorse that instrument which is presented by the person producing the duplicate certificate of title.
55. Proprietor of land entitled to certificate of titleThe proprietor of land under the operation of this Act shall be entitled to receive a certificate of title to it; and, if any certificate is issued to a minor or to a person under any other disability, the registrar shall state the age of the minor or the nature of the disability so far as known to him or her.
56. Joint tenants and tenants in commonTwo or more persons who are registered as joint proprietors of land shall be deemed to be entitled to the land as joint tenants; and in all cases where two or more persons are entitled as tenants in common to undivided shares of or in any land, those persons shall in the absence of any evidence to the contrary be presumed to hold that land in equal shares.
57. Effect of insertion of the words “no survivorship”
58. Notice to be published before making order in respect of land under section 57
59. Certificate to be conclusive evidence of titleNo certificate of title issued upon an application to bring land under this Act shall be impeached or defeasible by reason or on account of any informality or irregularity in the application or in the proceedings previous to the registration of the certificate, and every certificate of title issued under this Act shall be received in all courts as evidence of the particulars set forth in the certificate and of the entry of the certificate in the Register Book, and shall be conclusive evidence that the person named in the certificate as the proprietor of or having any estate or interest in or power to appoint or dispose of the land described in the certificate is seized or possessed of that estate or interest or has that power.
60. Certificate conclusive evidence as to title to easementsWhenever any certificate of title or any duplicate registered or issued under any of the provisions or otherwise under the operation of this Act contains any statement to the effect that the person named in the certificate is entitled to any easement specified in the certificate, the statement shall be received in all courts as conclusive evidence that he or she is so entitled.
61. Effect in certificate of words relating to easementsWhenever any certificate of title referred to in section 60 contains the words “Together with a right of carriage way over” [specifying or describing the road or roads over which the easement is created and referring to a plan endorsed whereon such road or roads is or are coloured brown] those words shall have the same effect and shall be construed as if there had been inserted in that certificate of title the words contained in the Fifth Schedule to this Act.
62. Extension of Third Schedule to easementsThe Third Schedule to this Act shall be deemed to extend to the setting forth of the easements mentioned in sections 60 and 61.
63. Certificate to be conclusive evidence in action for specific performance or damagesIn any action for specific performance or for damages brought by a proprietor of any land under the operation of this Act against a person who has contracted to purchase the land not having notice of any fraud or other circumstances which according to this Act would affect the right of the vendor, the certificate of title of the proprietor shall be held to be conclusive evidence that the proprietor has a good and valid title to the land for the estate or interest mentioned or described in the certificate of title, and shall in any such action entitle the proprietor to a decree for the specific performance of the contract.
64. Estate of registered proprietor paramount
65. Easements existing under deed or writing to be noticed as incumbrancesNotwithstanding the reservation in section 64 of any easements subsisting over or upon or affecting any land comprised in any certificate of title, the registrar shall specify upon any future certificate of the land and the duplicate of the certificate as an incumbrance affecting the land any subsisting easement over or upon or affecting the land which appears to have been created by any deed or writing.
66. Reversions expectant on leasesThe person named in any certificate of title as the proprietor of an estate of freehold in possession in the land described in the certificate of title shall be held in every court to be seized of the reversion and inheritance in the land immediately expectant upon the term of any lease that is mentioned as an incumbrance in the certificate, and to have all powers, rights and remedies to which such a reversioner is by law entitled, and shall be subject to all the covenants and conditions in such lease to be performed and observed by or on the part of the lessor.
67. Upon surrender of existing grants or certificates a single certificate may be obtainedOn the application of any proprietor or of any person entitled to become a proprietor of land under separate certificates of title or under any two or more of such documents and on his or her delivering up the duplicates thereof, the registrar may issue to him or her a single certificate of title for the whole of such land or several certificates as to portions of the land in accordance with the application so far as that may be done consistently with any rules for the time being in force respecting the parcels of land that may be included in one certificate of title; and upon registering any certificate under this section, the registrar shall cancel and retain the previous certificate, and shall endorse upon it a memorandum setting forth the occasion of the cancellation and referring to the new certificate.
68. History of various dealings affecting land to be preservedSuch references shall be noted in the Register Book and on instruments filed hereunder as will allow the title to be traced either downwards from or upwards to the original certificate of title; but it shall not be necessary in any certified copy of any grant, certificate or instrument to insert such references; and every such copy shall be deemed complete, notwithstanding the omission of such references.
69. Registrar’s powers of dispensation with productionNotwithstanding this Act, the registrar may, in his or her discretion, dispense with the production of—
70. Lost grantIf the duplicate certificate of title is lost or destroyed or becomes so obliterated as to be useless, the persons having knowledge of the circumstances may make a statutory declaration stating the facts and the particulars of all incumbrances affecting the land or the title to the land to the best of the deponents’ knowledge, information and belief; and the registrar if satisfied as to the truth of the statutory declaration and the bona fides of the transaction may issue to the proprietor a special certificate of title to the land, which special certificate shall contain an exact copy of the certificate of title in the Register Book and of every memorandum and endorsement on it, and shall state why the special certificate is issued; and the registrar shall at the same time enter in the Register Book notice of the issuing of the special certificate and the date of its issuance and why it was issued; and the special certificate shall be available for all purposes and uses for which the duplicate certificate of title so lost or destroyed or obliterated would have been available, and shall be equally valid with the duplicate certificate of title to all intents; but the registrar before issuing a special certificate always shall give at the applicant’s expense at least one month’s notice in the Gazette of his or her intention to do so.
71. Issue of special certificateWhere under any provisions of the Civil Procedure Act any court calls upon the registrar to issue a special certificate of title, the registrar shall issue the special certificate as prescribed by section 70; but the registrar before issuing the special certificate shall give notice in the Gazette of his or her intention to do so, whereupon any person who wishes to oppose the issue of the certificate may, within one month of the date of the notice, make an application to the court in that behalf.
72. Copy of lost or destroyed certificateIf any original certificate of title is lost or destroyed or so obliterated as to become illegible, the registrar may cause a copy of it to be prepared and to be endorsed with all such entries as were upon the original so far as they can be ascertained from the records of the office and other available information and shall make and sign a memorandum upon the copy stating that it is a substitute to be used in place of the original, and what has become of the original so far as known or supposed, and from the date of the copy being so signed it may be bound up in the Register Book and used in place of the original for the purpose of dealings.
73. Registrar may call in duplicate certificate on sale by court or mortgagee or when required for cancellation, etc.On any transfer by a mortgagee to a purchaser or under any decree, judgment or order of any court, of any land, estate or interest under this Act, or for the purpose of registering any instrument subject to a first mortgage or for the purpose of rectifying or cancelling any certificate under this Act or for the purpose of inspection in case of loss, destruction or obliteration of any original certificate of title, the registrar shall by writing under his or her hand require the judgment debtor, mortgagor or mortgagee or proprietor of the land comprised in any duplicate or triplicate certificate of title, mortgage, lease or other instrument, or the person having possession, custody or control of any such duplicate or triplicate, to send it to the office of titles within a period named in the requisition, not less than seven days from the date of the requisition, to be endorsed, cancelled, rectified or otherwise dealt with, as the case requires.
74. Refusal to send in duplicate or triplicate certificateIf any person refuses or neglects to comply with a requisition under section 73 or if the registrar receives no reply from the person, the registrar shall proceed, mutatis mutandis, in accordance with section 70.
75. Lists of certificates called in for cancellation to be exhibitedLists of certificates of title called in for cancellation or rectification and not sent in shall be exhibited in the office of titles, and shall be advertised in the Gazette and in such newspapers and at such time or times as the registrar thinks fit.
76. Words of inheritance or succession to be impliedEvery certificate of any person or corporation sole being the proprietor of an estate in fee simple, whether in possession, remainder or reversion, and every instrument transferring or creating such an estate to or in favour of any person or corporation sole, shall imply and be deemed to include the heirs of that person or the successors of that corporation.
77. Certificate void for fraudAny certificate of title, entry, removal of incumbrance, or cancellation, in the Register Book, procured or made by fraud, shall be void as against all parties or privies to the fraud.
Part V – Title by possession to land under the Act
78. Person claiming title by possessionA person who claims that he or she has acquired a title by possession to land registered under this Act may apply to the registrar for an order vesting the land in him or her for an estate in fee simple or the other estate claimed.
79. Form of applicationEvery application under section 78 shall be—
80. Application, how dealt withThe registrar may reject the application, altogether or in part, or may make such requisitions as to the title claimed to have been acquired, or as to any other matter relating to the application as he or she thinks fit.
81. Advertisement and service of notice of applicationIf an application under section 78 is not rejected by the registrar under section 80, he or she shall advertise notice of the application, at the applicant’s expense, once at least in the Gazette, and may give the notice to such person or persons as he or she deems fit; and notice of the application shall be given to every person appearing by the Register Book to have any estate or interest in the land or in any incumbrance notified on the title of the land.
82. Copy to be postedThe applicant shall cause a copy of the notice of application to be posted in a conspicuous place on the land or at such place as the registrar directs, and to be kept so posted for not less than three months prior to the granting of the application.
83. Time to be appointed by registrar after which application may be grantedThe registrar shall appoint a time not less than three months nor more than twelve months from the publication of the advertisement or service of the notice of application at or after the expiration of which he or she may, unless a caveat is lodged forbidding it, grant the application altogether or in part.
84. Contents of notice
85. Power to reject applicationAt any time prior to granting an application, the registrar may reject the application altogether or in part if the applicant fails to comply to his or her satisfaction with any requisition made by him or her within such time as to him or her seems reasonable.
86. Caveat forbidding grant of application
87. Cancellation of existing certificate and issue of new oneSubject as aforesaid, after the expiration of the time appointed, the registrar, if satisfied that the applicant has acquired a title by possession to the land, may—
88. Fee for assurance of titleUpon granting the application the registrar may grant it conditionally upon the applicant paying as an additional fee in respect of assurance of title such a sum of money as the registrar considers to be a sufficient indemnity by reason of the imperfect nature of the evidence of title or as against any uncertain or doubtful claim or demand incident to or which may arise upon the title or any risk to which the Government may be exposed by granting the application.
89. Entries to be made by registrarUpon granting the application the registrar shall make entries similar to those directed to be made by section 166, and the making or omission to make such entries shall be attended by the same results as declared by section 166 in respect of the entries mentioned in that section.
90. Duty of registrar as to cancellationIn cancelling any certificate of title, instrument or any memorial or entry in the Register Book, the registrar shall endorse on it a memorandum stating the circumstances in which the cancellation is made.
91. Effect of new certificate of title
Part VI – Dealings with land
92. Form of transfer
93. Transfer to include right to sue under itBy virtue of every such transfer as is herein mentioned, the right to sue upon any mortgage or other instrument and to recover any debt, sum of money, or damages under it, notwithstanding the same is deemed or held to constitute a chose in action, and all interest in any such debt, sum of money or damages shall be transferred so as to vest the interest at law as well as in equity in the transferee of the interest; but nothing in this section shall prevent any court from giving effect to any trusts affecting such debt, sum of money or damages, in case the transferee as between himself or herself and any other person holds the same as a trustee.
94. Proprietor may vest estate jointly in himself or herself and others without limiting any use, etc.The proprietor of land or of any estate or interest in land under the operation of this Act, whether of the nature of real or personal property, may transfer that land, estate or interest to his wife; or if the proprietor is a married woman, she may make such transfer to her husband; or the proprietor may make such transfer directly to himself or herself and another person, or jointly with any other person to himself or herself alone, or to create or execute any power of appointment or disposition, or to create or limit estates in remainder or otherwise as legal estates of or concerning land the subject thereof without the intervention of any precedent or particular estate, and also like estates as legal estates without the employment or intervention of any form of use; and upon the registration of the transfer the land, estate or interest shall vest in the transferee solely or jointly, as the case may be, or in the person in whose favour any such power has been executed, or taking under any such limitation or otherwise according to the intent and meaning of such instrument; and she, he or they shall become and be deemed the proprietor or proprietors thereof.
95. Instruments when signed and registered to have the same efficacy as a deed acknowledgedEvery transfer or other instrument shall be deemed of the same efficacy as if under seal, and when signed by the proprietor and registered shall be as valid and effectual to all intents and purposes for conveying, passing or conferring the estates, interests or rights expressed to be thereby transferred, leased or created respectively, as a deed duly executed and acknowledged by the same person would have been under any law heretofore or now in force, or as any other form of document would have been either at law or in equity.
96. Transfer of portion of the lands comprised in certificateIf the transfer purports to transfer part of the land mentioned in any certificate of title, the transferor shall deliver up the duplicate certificate of title; and the registrar shall endorse on the original and duplicate certificate a memorandum of the transfer; and the duplicate certificate of title shall be returned endorsed as aforesaid to the transferor; and the registrar shall make out to the transferee a certificate of title to the land mentioned in the transfer, and whenever required by the proprietor of the untransferred portion shall, upon delivery up for total cancellation of the partially cancelled certificate of title, make out to such proprietor a certificate of title to the untransferred portion; but the registrar may at his or her discretion instead of returning a partially cancelled certificate to the transferor require the transferor to take out a new certificate for the land still comprised in the partially cancelled certificate.
97. Transfer of all the land comprised in a certificateIf a transfer purports to transfer the whole of the land mentioned in any certificate of title, the registrar shall enter in the Register Book and on the duplicate certificate of title a memorandum of the transfer and deliver the duplicate to the transferee; and every certificate of title with such memorandum shall be as effectual for the purpose of evidencing title and for all other purposes of this Act as if the old certificate of title had been cancelled and a new certificate had been issued to the transferee in his or her own name; but when in the opinion of the registrar any certificate of title cannot for want of space or other cause conveniently bear any further endorsement, he or she may require cancellation and the issue of a new certificate as provided in section 96.
98. Transferee of land subject to mortgage to indemnify transferorIn every transfer of land under the operation of this Act subject to a mortgage there shall be implied a covenant with the transferor by the transferee, binding the latter and his or her heirs, executors, administrators and transferees that he or she or they will pay the interest secured by the mortgage at the rate and at the times and in the manner specified in the mortgage, and will indemnify and keep harmless the transferor and his or her representatives from and against the principal sum secured by the mortgage and from and against all liability in respect of any of the covenants contained in the mortgage or by law declared to be implied in it on the part of the transferor.
99. Creation of easementsWhenever any transfer or lease of freehold land contains the words “Together with a right of carriage way over” (specifying or describing the road or roads over which the easement is created and referring to a plan endorsed on which the road or roads is or are coloured brown), those words shall have the same effect and be construed as if there had been inserted in the transfer or lease the words contained in the Fifth Schedule to this Act.
100. Memorial of easements to be registeredA memorial of any transfer or lease creating any easement over or upon or affecting any land under the operation of this Act shall be entered upon the folium of the Register Book constituted by the existing certificate of title of that land in addition to any other entry concerning that instrument required by this Act.
Leases and subleases
101. Leases of landThe proprietor of any freehold or mailo land under the operation of this Act may, subject to any law or agreement for the time being in force, lease that land for any term exceeding three years by signing a lease of it in the form in the Eighth Schedule to this Act; but no lease subject to a mortgage shall be valid or binding against the mortgagee unless he or she has consented in writing to the lease prior to it being registered.
102. Covenants to be implied in every lease against the lesseeIn every lease made under this Act there shall be implied the following covenants with the lessor and his or her transferees by the lessee binding the latter and his or her executors, administrators and transferees—
103. Powers to be implied in lessorIn every lease made under this Act there shall be implied in the lessor and his or her transferees the following powers—
104. Short forms of covenants by lessees
105. Covenant to be implied on transfer of leaseIn every transfer of a lease made under this Act, and in every transfer of a grant for years, there shall be implied a covenant with the transferor by the transferee binding him or her and his or her executors, administrators and transferees that he or she or they will thenceforth pay the rent by the lease or grant reserved, and perform and observe all the covenants contained in the lease or grant or by law declared to be implied in the lease or grant and on the part of the lessee or his or her transferees to be performed and observed, and will indemnify and keep harmless the transferor and his or her representatives against all actions, suits, claims and expenses in respect of the nonpayment of the rent or the breach or nonobservance of the covenants or any of them.
106. Recovery of possession by lessors to be entered in Register BookThe registrar, upon proof to his or her satisfaction of recovery of possession by a lessor or his or her transferees by any legal proceeding, may make an entry of the recovery of possession in the Register Book; and the term for which the land was leased shall upon that entry being made determine, but without prejudice to any action or cause of action which previously has been commenced or has accrued in respect of any breach or nonobservance of any covenant expressed in the lease or by law declared to be implied in it.
107. Mortgagee of interest of bankrupt lessee may apply to be entered as transferee of the lease and on default lessor may applyUpon the bankruptcy of the proprietor of any lease under this Act subject to one mortgage only or to several mortgages if owned by the same person, the registrar, on the application in writing of the mortgagee or his or her transferees accompanied by a statement signed by the official receiver refusing to accept such lease, shall enter in the Register Book a note of the refusal; and that entry shall operate as a foreclosure and as a transfer of the interest of the bankrupt in the lease to the mortgagee or his or her transferees; and, if he or she or they neglect or refuse to make such application as aforesaid within twenty-one days after notice in writing in that behalf from the lessor or his or her transferees has been served on the mortgagee or his or her transferees by being given to him or her or them or by being sent through the post office by a registered letter directed to him or her or them at his or her or their address as stated in the mortgage or transfer of the mortgage, the registrar, on the application in writing of the lessor or his or her transferees to be registered as surrenderee or surrenderees of the lease accompanied by such a statement as aforesaid and proof of such neglect or refusal, shall enter in the Register Book notice of such statement and of the neglect or refusal; and that entry shall operate as a surrender of such lease discharged from the mortgage or several mortgages aforesaid, but without prejudice to any action or cause of action which previously has been commenced or has accrued in respect of any breach or nonobservance of any covenant expressed in the lease or by law declared to be implied in the lease.
108. Lease may be surrendered by endorsement
109. Lessee may subletThe proprietor of any lease under this Act may, subject to any provisions in his or her lease affecting his or her right to do so, sublet for a term not less than three years by signing a sublease in the form in the Tenth Schedule to this Act; but no sublease of any land subject to a mortgage upon the lease of the land comprised in the sublease shall be valid or binding against the mortgagee of the lease unless he or she has consented in writing to the sublease previously to the sublease being registered.
110. Endorsement on sublease
111. Sublease to be kept in a separate registerNotwithstanding section 48, a sublease shall not be bound up in the Register Book, but upon registration one original shall be lodged and retained in the office of titles; and a book to be called the “Sublease Register” shall be kept in the office, in which entry shall be made of the date, parties, term and distinguishing memorial number or symbol of the sublease; and the book shall be open to inspection by the public during the hours and days of business on payment of the prescribed fee.
112. Provisions as to leases to apply to subleases
113. Covenants to be implied in subleaseIn addition to the covenants specified in section 102 to be implied in every lease, there shall be implied in every sublease the following covenant with the sublessee and his or her transferees by the sublessor binding the latter and his or her executors, administrators and transferees—that he or she or they will, during the term granted by the sublease, pay the rent reserved by and perform and observe the covenants and agreements contained in the original lease, and on his or her or their part to be paid, performed and observed.
114. Determination of lease or sublease by reentry to be entered in Register Book or Sublease RegisterIn the case of a lease or sublease of land under this Act, if it is proved to the satisfaction of the registrar that the lessor or sublessor or his or her transferee has reentered upon the premises in strict conformity with the provisions for reentry contained in the lease or sublease, or under the power of section 103(b), where the lease or sublease is under this Act, or that the lessee or sublessee has abandoned the leased premises and the lease, and that the lessor or sublessor or his or her transferee has thereupon reentered upon and occupied the abandoned premises by himself or herself or tenants undisturbed by the lessee or sublessee, the registrar may make an entry of that reentry in the Register Book or in the Sublease Register, as the case may be, and the term for which the land was leased or subleased shall, upon that entry being made, determine and may be removed as an incumbrance from a certificate, but without prejudice to any action or cause of action which previously has been commenced or has accrued in respect of any breach or nonobservance of any covenant expressed in the lease or sublease or by law declared to be implied in the lease or sublease.
115. ***[section 115 repealed by section 44(1)(b) of Act 8 of 2009]
116. ***[section 116 repealed by section 44(1)(b) of Act 8 of 2009]
117. ***[section 117 repealed by section 44(1)(b) of Act 8 of 2009]
118. ***[section 118 repealed by section 44(1)(b) of Act 8 of 2009]
119. ***[section 119 repealed by section 44(1)(b) of Act 8 of 2009]
120. ***[section 120 repealed by section 44(1)(b) of Act 8 of 2009]
121. ***[section 121 repealed by section 44(1)(b) of Act 8 of 2009]
122. ***[section 122 repealed by section 44(1)(b) of Act 8 of 2009]
123. ***[section 123 repealed by section 44(1)(b) of Act 8 of 2009]
124. ***[section 124 repealed by section 44(1)(b) of Act 8 of 2009]
125. ***[section 125 repealed by section 44(1)(b) of Act 8 of 2009]
126. ***[section 126 repealed by section 44(1)(b) of Act 8 of 2009]
127. ***[section 127 repealed by section 44(1)(b) of Act 8 of 2009]
128. ***[section 128 repealed by section 44(1)(b) of Act 8 of 2009]
129. ***[section 129 repealed by section 44(1)(b) of Act 8 of 2009]
130. Consent under the Land Transfer ActNotwithstanding anything in this Act, the registrar shall not register any instrument effectuating a transaction which, under the Land Transfer Act, requires the consent in writing of the Minister unless that consent is endorsed on the instrument or otherwise evidenced.
131. Restriction on dealing with official estatesNotwithstanding anything in this Act, the registrar shall not register any instrument purporting to deal with an official estate or any part of an official estate unless the consent of the proper authority and of the commissioner of lands and surveys is endorsed on the instrument or otherwise evidenced in writing.
132. Seal of corporation substituted for signature
133. Implied covenants and powers may be modified or negativedEvery covenant and power to be implied in any instrument by virtue of this Act may be negatived or modified by express declaration in the instrument or endorsed on it; and in the plaint in any action for a breach of any such covenant it shall be lawful to allege that the party against whom or against whose legal representatives the action is brought did so covenant, precisely in the same manner as if the covenant had been expressed in words at length in the instrument, any law or practice to the contrary notwithstanding; and every such implied covenant shall have the same force and effect as if it had been set out at length in the instrument; and where in any instrument there shall be more covenantors than one, such covenants as are by this Act declared to be implied in instruments of the like nature shall be construed to be several, and not to bind the parties jointly.
134. Succession on death
135. Sale under decree of execution
136. Purchaser from registered proprietor not to be affected by noticeExcept in the case of fraud, no person contracting or dealing with or taking or proposing to take a transfer from the proprietor of any registered land, lease or mortgage shall be required or in any manner concerned to inquire or ascertain the circumstances in or the consideration for which that proprietor or any previous proprietor thereof was registered, or to see to the application of any purchase or consideration money, or shall be affected by notice actual or constructive of any trust or unregistered interest, any rule of law or equity to the contrary notwithstanding, and the knowledge that any such trust or unregistered interest is in existence shall not of itself be imputed as fraud.
137. Powers of lessees under other legislation not extendedNothing in this Act shall enable any lessee of land under any grant to transfer or otherwise deal with that land contrary to the provisions of any written law affecting the grant.
138. Registration of unascertained portions of mailo, etc. land
Part VII – Caveats
139. Caveat may be lodged and withdrawn
140. Notice of caveat to be given; lapse of caveat, etc.
141. No entry to be made in Register Book while caveat continues in forceSo long as any caveat remains in force prohibiting any registration or dealing, the registrar shall not, except in accordance with some provision of the caveat, or with the consent in writing of the caveator, enter in the Register Book any change in the proprietorship of or any transfer or other instrument purporting to transfer or otherwise deal with or affect the estate or interest in respect to which that caveat is lodged.
142. Compensation for lodging caveat without reasonable causeAny person lodging any caveat with the registrar, either against bringing land under this Act or otherwise, without reasonable cause, shall be liable to make to any person who may have sustained damage by the lodging of the caveat such compensation as the High Court deems just and orders.
143. Memo of caveat to be entered in Register Book, etc.A memorandum of every caveat lodged under section 139 shall be entered in the Register Book as under the date of the lodgment in the office of titles of that caveat, and a copy of the caveat or of so much of it as the registrar deems material to the person notified shall be sent with the notification required by section 140.
144. Caveat on behalf of a beneficiary under a will, etc. need not be removed to admit registration of certain dealingsWhere a caveat has been lodged by or on behalf of a beneficiary claiming under a will or settlement and a change in the proprietorship of or a transfer or other dealing with or affecting the land, estate or interest in respect of which the caveat was lodged is presented for registration, the same may, notwithstanding section 141, be registered without the caveat being withdrawn and without determining the operation of the caveat, provided the registrar is of opinion that such change of proprietorship or such transfer or other dealing is authorised by the will or settlement and the caveator either consents to the registration or does not lodge a written protest against the registration within fourteen days after being served with notice as such caveator.
145. Removal of caveat no longer affecting landsWhen a caveat has been withdrawn under section 139, or has lapsed under section 140, or has otherwise ceased to affect the lands or any interest in the lands in respect of which it was originally lodged, the registrar shall cause the caveat to be removed from the Register Book and shall enter in the margin of the original entry of the caveat the date of that removal.
Part VIII – Power of attorney and attestation of instruments
146. Power of attorney and revocation of the power of attorney
147. Attestation of instruments and powers of attorney
148. Signatures to be in Latin characterNo instrument or power of attorney shall be deemed to be duly executed unless either—
Part IX – Surveys, plans and boundaries
149. Registrar may require survey of landOn any application made or on any proposed subdivision of land under this Act, the registrar may require such surveys and plans to be made and lodged and such particulars of the boundaries and abuttals to be furnished at the cost of the applicant or registered proprietor as the registrar thinks fit.
150. Surveys to be authenticatedOn and after a date to be specified by the Minister by statutory instrument all surveys required by the registrar under this Act shall be made in accordance with the requirements of the commissioner of lands and surveys, and no plans shall be accepted by the registrar unless they have been authenticated by the signature of the commissioner of lands and surveys or someone authorised by him or her in writing.
151. Registrar may disregard minor errorsIn dealing with any applications involving the amendment of a certificate of title or adjustment of boundaries, the registrar may disregard any difference in the dimensions of boundaries which does not exceed one in five hundred or any encroachment, excess or deficit which does not exceed 1 percent.
152. Proprietor subdividing to deposit plan if required
153. Number of allotment on plan of subdivision sufficient description for purposes of dealingAfter the subdivision of the land and the deposit of the plan under section 152, the numbers of the allotments marked upon the plan, together with a reference to the plan by its deposited number, may be used as sufficient description of the land for the purpose of dealings with any one or more of the allotments on the sale of an allotment according to the plan of subdivision, and on any subsequent dealings comprising the whole of one or more allotment or allotments.
154. Abuttals may be used in description of land in certificate
155. Objects which may constitute abuttalsFor the purpose of this Act, any of the following objects may be mentioned as an abuttal: any building, wall, sectional division of a party wall, fence, public or private street or road, lane or passage, land dedicated to or reserved for the public, Government reserve, block or plot of public land, surveyed land described in any certificate of title and any lake, river, creek or natural or artificial watercourse; and mention of an abuttal in any certificate of title shall not be deemed to give title to the abuttal or to be evidence of the title of any person who is referred to in the description as owner or occupant of the land upon which any abuttal stands, or of any land constituting an abuttal.
Part X – Rectification of titles
156. Proprietor may apply for amendment to make boundaries coincide with land occupied under titleA proprietor may apply to have his or her certificate of title amended in any case in which the boundaries, area or position of the land described in it differ from the boundaries, area or position of the land actually and bona fide occupied by him or her and purporting to be so occupied under the title in respect of which the certificate of title was issued, or in any case in which the description in the certificate of title is erroneous or imperfect on the face of it.
157. Proprietor may apply to have other titles amended where inconsistentA proprietor may apply for the rectification of the original and duplicate certificate of title of any other proprietor or proprietors, in any case in which the land described in the applicant’s certificate of title and actually and bona fide occupied by him or her comprises land which by reason of any error in a survey or other misdescription is included in the land described in any other certificate or certificates of title.
158. Form of applicationAny application to be made under section 157 shall be in the form set forth in the Nineteenth Schedule to this Act, and the attorney of any corporation registered as proprietor may apply on behalf of the corporation in the manner provided by section 9.
159. How application to be dealt withThe registrar shall at the expense of the applicant publish notice of the application once at least in the Gazette and shall cause notice of the application to be served on any person he or she shall think fit, and to be posted in a conspicuous place outside the office of the district commissioner in whose area the land is situate and shall appoint a time not less than fourteen days from the first publication of the notice on or after the expiration of which the application may be granted unless a caveat is lodged forbidding the granting of the application.
160. Special notice to be given to other proprietorsIn any case in which the granting of an application to be made as aforesaid or of an application to bring land under this Act would affect land comprised in any other certificate of title or cause a certificate to issue which would be inconsistent with any other certificate of title, the registrar shall, in addition to any other notices, cause notice of the application to be served upon all persons appearing by the register to be the owners of an estate in fee simple in or lessees or mortgagees of the land which would be affected or the land comprised in the certificate of title as to which the inconsistency would arise accompanied by a plan showing accurately the extent to which the certificate of title thereof would be affected if the application was granted; and a copy of that notice and plan shall until the application has been finally dealt with be kept open for inspection at the office of titles.
161. Person objecting to application being granted may lodge caveatAny person claiming any estate or interest in the land in respect of which any such application is made as hereinbefore provided may before the granting of the application lodge a caveat with the registrar forbidding the granting of the application; and every such caveat shall in all other respects be in the same form, shall be subject to the same provisions, and shall have the same effect with respect to the application against which it is lodged as an ordinary caveat against bringing land under the operation of this Act.
162. Application may be granted although other titles may be affectedOn any application under sections 156 or 157 or to bring land under this Act, the registrar may grant the application although the certificate to be issued or the rectification of the register to be made upon that application may affect land comprised in any other certificate of title if it appears that the land so affected has been included in such other certificate of title by reason of some error in survey or other misdescription unless the title to the land so affected has been theretofore determined in a contested proceeding under this Act or in any court of competent jurisdiction in which the right to the possession of that land was in question.
163. On granting application other title may be rectifiedUpon granting any such application the registrar shall rectify the register by making the requisite alteration in the original and duplicate of any other certificate of title accompanied by a statement made and signed by him or her in the Register Book of the circumstances in which the rectification has been made; and he or she shall make the necessary orders for the production of the duplicate certificate, and may detain the duplicate until the rectification of the duplicate is completed; and he or she may refuse to register any dealing with the land or any estate or interest in the land until the duplicate has been brought in for rectification.
164. Issue of amended or substituted certificate on rectificationUpon rectifying the original and duplicate of any certificate of title as hereinbefore mentioned, the registrar may return the duplicate so amended, or if he or she thinks fit, may issue a new duplicate free of cost; and every substituted duplicate so issued shall bear the same numbers as that for which it is substituted with the word “substituted” prefixed to the volume and folium.
Part XI – Special powers of the High Court and registrar
165. Power to require explanation and production of documentsThe registrar may, by summons under his or her hand in the form in the Twentieth Schedule to this Act, require the proprietor or mortgagee or other person interested in any land under the operation of this Act, in respect of which any transfer, lease, mortgage or other dealing, or any discharge of any mortgage is proposed to be transacted or registered, to appear at a time and place to be appointed in the summons and give any explanation concerning such land or any document affecting the title to the land, and to produce any grant, final mailo certificate, certificate of title, will, mortgage or other instrument or document in his or her possession or within his or her control affecting the land or the title to the land; and the registrar is authorised to examine upon oath, which oath he or she is hereby empowered to administer, any such proprietor, mortgagee or other person as aforesaid; and if any such proprietor, mortgagee or other person refuses or neglects to attend the registrar for the purpose of being examined or to produce any such document or to allow it to be inspected or refuses or neglects to give any such explanation as aforesaid, and the information or document withheld appears to the registrar to be material, the registrar shall not be bound to proceed with the transaction.
166. Registrar to carry out order vesting trust estate
167. Power of registrar to make a vesting order in cases of completed purchaseIf it is proved to the satisfaction of the registrar that land under this Act has been sold by the proprietor and the whole of the purchase money paid, and that the purchaser has or those claiming under the purchaser have entered and taken possession under the purchase, and that entry and possession have been acquiesced in by the vendor or his or her representatives, but that a transfer has never been executed by the vendor and cannot be obtained by reason that the vendor is dead or residing out of the jurisdiction or cannot be found, the registrar may make a vesting order in the premises and may include in the order a direction for the payment of such an additional fee in respect of assurance of title as he or she may think fit, and the registrar upon the payment of that additional fee, if any, shall effect the registration directed to be made by section 166 in the case of the vesting orders mentioned there, and the effecting or the omission to effect that registration shall be attended by the same results as declared by section 166 in respect of the vesting orders mentioned there.
168. Removal of incumbrancesIf it is proved to the satisfaction of the registrar that any incumbrance notified on any certificate of title has been fully satisfied, extinguished or otherwise determined and no longer affects the land, he or she may either endorse a memorandum to that effect on the certificate or permit any subsequent certificate of title of the same land to be issued free from that incumbrance.
169. Satisfaction of judgment may be entered before the expiration of periodOn proof to the registrar that any judgment of which a copy decree of execution has been entered under section 135 has been satisfied before the period for which the entry is operative has elapsed, the registrar may write the word “Satisfied” with his or her signature and the date of the signing upon or below the entry of the copy decree in the Register Book, and thereupon that writ shall cease to affect the land as to which the entry was made.
170. Powers of registrarThe registrar may exercise and shall perform the following powers and duties—
171. FeesThe fees specified in the Twenty-second Schedule to this Act or such other fees as hereafter from time to time may be prescribed by the Minister in lieu of or in addition to those fees shall be payable; except that the commissioner of lands and surveys may reduce or remit, whether prospectively or retrospectively, any of the fees.
172. Additional fees for assurance of title in certain casesUpon granting an application made under this Act for the exercise by the registrar of any of the powers conferred on him or her by sections 114 and 168, or for the waiver of any requisition made in connection with a proposed dealing under this Act, the registrar may grant such application conditionally upon the applicant paying as an additional fee in respect of assurance of title such a sum of money as the registrar considers to be a sufficient indemnity by reason of the nonproduction of any document affecting the title or of inability to obtain a consent, serve a notice or comply with any other requisition made in the case, or by reason of the imperfect nature of the evidence of title or as against any uncertain or doubtful claim or demand incident to or which may arise upon the title or any risk to which the Government may be exposed by the granting of the application.
173. Rejection of defective instrument or documentWhenever any instrument, caveat, surrender, discharge of incumbrance, decree of execution, or other document lodged for registration or in relation to any land, title, estate or interest, or in connection with any application or dealing is erroneous or defective, the registrar may require the correction and reexecution or correction only, as the case requires, of the document to be made or procured by the person lodging it; and if, after notice in writing of the error or defect, he or she fails to procure the document to be amended if it is an instrument or an application to bring land under this Act within a period of three months, or if it is any other document within a period of twenty-one days from the date of notice, the registrar may, if he or she thinks fit, reject the document, and notify that rejection to the person lodging the document, and thereupon half the fees paid on the lodging of the document shall be forfeited and paid into the Consolidated Fund, and the other half may be returned to the person lodging the document on his or her withdrawing it.
174. Power to state a case for the High CourtThe registrar may, whenever any question arises with regard to the performance of any duty or the exercise of any of the functions conferred or imposed on him or her by this Act, state a case for the opinion of the High Court; and thereupon the court may give its judgment on the case, and that judgment shall be binding upon the registrar.
Part XII – Actions and other remedies
175. Officers not to be liable for acts done bona fideNeither the registrar nor any person acting under his or her authority shall be liable to any action or proceeding for or in respect of any act or matter bona fide done or omitted to be done in the exercise or supposed exercise of any power or duty given or imposed by this Act.
176. Registered proprietor protected against ejectment except in certain casesNo action of ejectment or other action for the recovery of any land shall lie or be sustained against the person registered as proprietor under this Act, except in any of the following cases—
177. Powers of High Court to direct cancellation of certificate or entry in certain casesUpon the recovery of any land, estate or interest by any proceeding from the person registered as proprietor thereof, the High Court may in any case in which the proceeding is not herein expressly barred, direct the registrar to cancel any certificate of title or instrument, or any entry or memorial in the Register Book relating to that land, estate or interest, and to substitute such certificate of title or entry as the circumstances of the case require; and the registrar shall give effect to that order.
178. Compensation of party deprived of landAny person deprived of land or of any estate or interest in land in consequence of fraud or through the bringing of the land under the operation of this Act or by the registration of any other person as proprietor of the land, estate or interest or in consequence of any error or misdescription in any registered certificate of title or in any entry or memorial in the Register Book may bring and prosecute an action for the recovery of damages against the person upon whose application the land was brought under the operation of this Act, or the erroneous registration was made, or who acquired title to the estate or interest through the fraud, error or misdescription; but—
179. Monies paid by the Government may be recoveredWhenever any amount has been paid by the Government on account of any person who is dead, that amount may be recovered by the Government from the estate of that person; and whenever such amount has been paid on account of a person who has been adjudged bankrupt, the amount so paid shall be considered to be a debt due from the estate of the bankrupt, and a certificate signed by the Secretary to the Treasury certifying the fact of the payment by the Government and delivered to the official receiver shall be sufficient proof of the debt; and whenever any amount has been paid by the Government on account of any person who has absconded or who cannot be found within the jurisdiction of the High Court and has left any real or personal estate within Uganda, the High Court may, upon the application of the registrar and upon the production of a certificate signed by the Secretary to the Treasury certifying that the amount has been paid by the Government, give judgment for the registrar against that person forthwith for the amount so paid together with the costs of the application, and execution may issue immediately; and if that person has not left real or personal estate within Uganda sufficient to satisfy the amount for which execution has been issued as aforesaid, the Government may recover that amount or the unrecovered balance of it from the person at any time thereafter.
180. Government not liable in certain casesThe Government shall not in any circumstances be liable for compensation for any loss, damage or deprivation occasioned by the breach by a proprietor of any trust, whether express, implied or constructive; nor in any case in which the same land has been included in two or more grants or final mailo certificates; nor in any case in which the loss or deprivation has been occasioned by any land being included in the same certificate of title with other land through misdescription of boundaries or parcels of any land unless in the case last aforesaid it is proved that the person liable for compensation and damages is dead or has absconded or has been adjudged bankrupt or is unable to pay the full amount awarded in any action for recovery of such compensation and damages; but—
181. Purchasers protectedNothing in this Act shall be so interpreted as to leave subject to an action of ejectment or to an action for recovery of damages as aforesaid or for deprivation of the estate or interest in respect to which he or she is registered as proprietor any purchaser bona fide for valuable consideration of land under the operation of this Act, on the ground that the proprietor through or under whom he or she claims was registered as proprietor through fraud or error or has derived from or through a person registered as proprietor through fraud or error; and this applies whether the fraud or error consists in wrong description of the boundaries or of the parcels of any land or otherwise howsoever.
182. Proprietor, etc. may summon registrar to show cause if dissatisfied
183. Actions for recovery of damages may be brought against the GovernmentAny person sustaining loss through any omission, mistake or misfeasance of the registrar or any other officer or clerk in the execution of their respective duties under this Act or by any error, omission or misdescription in any certificate of title or any entry or memorial in the Register Book or by the registration of any other person as proprietor, and who is barred by this Act from bringing an action of ejectment or other action for the recovery of the land, estate or interest, may, in any case in which the remedy by action for recovery of damages as herein provided is inapplicable, bring an action against the Government for recovery of damages; in estimating those damages, however, the value of all buildings and other improvements erected or made subsequently to the loss or deprivation shall be excluded.
184. Persons sustaining loss by inaccuracy in Government survey may recover damagesAny person sustaining any loss or damage by any rectification of a certificate of title under this Act or by the bringing of land under this Act, if the rectification or issue by which the loss or damage was occasioned was in consequence of or justified by any inaccuracy in any survey or plan or description of land used upon any sale of land by the Government or by the Uganda Land Commission or a district land board, then notwithstanding sections 178 and 183, but without prejudice to the rights, if any, of that person under those sections, may in the first instance and without any obligation to pursue the remedies provided by those sections, bring an action against the Government for recovery of damages.
185. Persons sustaining loss may recover damages
186. Person claiming may before action brought apply to registrar for compensation
187. Limitation of actions
188. Ordinary rules of procedure and rights of appeal to applySubject to section 189 and to any rules which may be made by the Chief Justice under any of the powers conferred on him or her, the same rules of procedure and practice shall apply in proceedings before any court under this Act as are in force for the time being in respect of ordinary proceedings before that court; and there shall be the same rights of appeal in respect of proceedings under this Act as exist for the time being in respect of ordinary proceedings.
189. High Court may refer questions to other courtsIn any proceedings under this Act before the High Court, the court may refer any question to any court subordinate to itself, and the court to which any question is referred shall try the question and return its finding on the question the High Court, and that finding shall become part of the record in the proceedings before the High Court.
Part XIII – Offences and penalties
190. Certain fraudulent acts to be offences
Part XIV – Miscellaneous
191. Change of addressAny person whose address appears in the Register Book shall notify the registrar in writing of any change in his or her address, and upon receipt of the notification and upon payment of the prescribed fee the registrar shall cause the change to be recorded on the certificate of title.
192. Registration of survivor of joint proprietorsUpon the death of any person registered with any other person as joint proprietor of any land or of any lease or as joint proprietor of any mortgage owned on a joint account in equity, the registrar, on the application of the person entitled and proof to his or her satisfaction of the death, may register the applicant as the proprietor thereof; and the applicant shall, upon being registered in the manner herein prescribed for the registration of a like estate or interest, become the transferee of the land, lease or mortgage and be deemed its proprietor.
193. Proprietors and transferees to stand in the places of previous ownersWithout lessening or prejudicing any of the other rights, powers and remedies hereby given and conferred, every proprietor and every transferee when registered of any land, lease or mortgage shall while continuing so registered have the same estates, rights, powers and remedies and be subject to the same engagements, obligations and liabilities and may sue and be sued in his or her own name in respect thereof or thereupon, in like manner as if he or she had been the original proprietor of the land by or with whom the engagement, obligation or liability sued upon was entered into or incurred, or the original lessee or mortgagee.
194. Proprietor to allow his or her name to be used by person interestedThe proprietor of any land or of any lease or mortgage shall, on the application of any beneficiary or person interested in it, be bound to allow his or her name to be used by that beneficiary or person in any action or proceeding which it is necessary or proper to bring or institute in the name of the proprietor concerning the land, lease or mortgage or for the protection or benefit of the title vested in the proprietor or of the interest of any such beneficiary or person; but, nevertheless, the proprietor shall in any such case be entitled to be indemnified in like manner as if being a trustee he or she would before the passing of this Act have been entitled to be indemnified in a similar case of his or her name being used in any such action or proceeding by his or her cestui que trust.
195. Legal practitioners tendering documents to be practising advocates of UgandaNotwithstanding anything herein contained, where any application is made or document tendered for record or registration by any person purporting to act as a legal practitioner on behalf of a client, the registrar shall not entertain the application or accept the document unless that person is an advocate duly enrolled in the High Court and the holder of an unexpired certificate entitling him or her to practise in the courts of Uganda; but where the application is entertained or document accepted by the registrar in error, nothing in this section shall invalidate or nullify the effect of any action of the registrar taken upon that application or acceptance.
196. Registrar to give receipt for documents lodgedOn any documents being lodged with the registrar for any of the purposes of this Act, the registrar shall if required to do so give to the person lodging the documents an acknowledgment of the documents having been lodged; but—
197. Official receiver or trustee of bankrupt entitled to be registeredUpon the bankruptcy of the proprietor of any land, lease or mortgage, or upon any bankrupt before obtaining his or her discharge becoming proprietor of any land, lease or mortgage, the official receiver or trustee shall be entitled to be registered as proprietor in respect of that land, lease or mortgage; and the registrar, upon the receipt of an office copy of the appointment of the official receiver or trustee accompanied by an application in writing under his or her hand to be so registered in respect of any land, lease or mortgage of the bankrupt therein described, or of any estate or interest to which he or she was before the adjudication or after adjudication, and before obtaining his or her discharge, entitled or able to transfer or dispose of under any power of appointment or disposition which he or she might legally execute for his or her own benefit, shall enter in the Register Book upon the folium constituted by the certificate of title of the land or on the lease or mortgage a memorandum notifying the appointment of the official receiver or trustee; and upon that entry being made the official receiver or trustee shall become the transferee and be deemed to be the proprietor of the land, lease or mortgage, estate or interest, and shall hold it subject to the equities upon and subject to which the bankrupt held it, but for the purpose of any dealing with it under this Act the official receiver or trustee shall be deemed to be the absolute proprietor thereof.
198. Until official receiver or trustee registered, bankruptcy of proprietor not to affect dealingsUntil the application is made under section 197 and subject to the operation of any caveat which is lodged by the official receiver or trustee, dealings by a bankrupt proprietor with land under the operation of this Act may be registered, and thereupon shall not be affected by the adjudication.
199. Conditions of sale in Twenty-first Schedule may be adopted by referenceOn any sale of land under the operation of this Act by public auction or private contract, the conditions set out in the table marked “A” in the Twenty-first Schedule to this Act may be adopted by inserting the words “The conditions in Table A of the Registration of Titles Act shall apply to this contract”, and when so adopted those conditions shall be construed as part of the contract subject to any express modification or exclusion of any of them which may be contained in the contract.
200. Forms may be modified
201. Searches and certified copies
202. Service of notices
203. RulesThe Minister may make rules generally for carrying out the purposes and provisions of this Act, and the rules may include the prescription of fees either in lieu of or in addition to those prescribed in the Twenty-second Schedule to this Act and the fees to be charged by sworn valuers.
History of this document
02 September 2011 this version
Amended by Mortgage Act, 2009
01 May 1924