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Registration of Title Act, 1964 (No. 16)Introductory TextActs Referred toPart I Preliminary and General (ss. 1-6)1. Short title.2. Commencement.3. Interpretation.4. Expenses.5. Repeals.6. Continuance of existing officers, offices, registers, instruments and documents.Part II Land Registry, Registers, the Authority and Jurisdiction (ss. 7-22)Land Registry (s. 7)7. Land Registry.Registers (s. 8)8. Registers of ownership.The Authority (ss. 9-17)9. The Registrar of Titles.10. Local registrars.11. Relations of Registrar and local registrars.12. Officers of central and local offices.13. Exercise of powers of registering authorities.14. Fees.15. Official seals.16. Powers of the Authority.17. Proceedings by and against Registrar.Jurisdiction of the Court (ss. 18-22)18. The court.19. Appeal and reference to the court.20. Enforcement by High Court of order of the Authority.21. The Authority to obey order of court.22. Power of court in action for specific performance.Part III Registration of Ownership (ss. 23-108)Compulsory Registration (ss. 23-26)23. Compulsory registration.24. Extension of compulsory registration.25. Effect of failure to register where registration compulsory.26. Registration by Land Commission.General Provisions as to Registration (ss. 27-32)27. Classes of owners who may be registered.28. Land certificate.29. Rectification on amendment of vesting order.30. Fraudulent dispositions and entries.31. Conclusiveness of register.32. Rectification of errors in registration.Freehold Land (ss. 33-39)33. Classes of title which may be registered.34. Registration of burdens.35. Registration subject to, or free from, equities.36. Effect of previous registration with qualified or possessory title.37. Effect of registration with absolute title.38. Effect of registration with possessory title.39. Effect of registration with qualified title.Leasehold Interests (ss. 40-48)40. Classes of title which may be registered.41. Registration of burdens.42. Previous registration with, and without, note as to lessor's title.43. Effect of previous registration with qualified or possessory title.44. Effect of registration with absolute title.45. Effect of registration with good leasehold title.46. Effect of registration with possessory title.47. Effect of registration with qualified title.48. Transfer of land from leasehold to freehold register.Title under Statute of Limitations (ss. 49-49A)49. Registration of title acquired by possession.49A. Registration of easements and profits à prendre in certain cases.Conversion of Registered Title (s. 50)50. Conversion of registered title into absolute or good leasehold.Transfers (ss. 51-60)51. Transfer of registered land.52. Effect of transfer of freehold land with absolute title.53. Effect of transfer of freehold land with possessory title.54. Effect of transfer of freehold land with qualified title.55. Effect of transfer of leasehold interest with absolute title.56. Effect of transfer of leasehold interest with good leasehold title.57. Effect of transfer of leasehold interest with possessory title.58. Effect of transfer of leasehold interest with qualified title.59. Saving of consent to alienation, etc.60. Defeasance of registered owner's estate.Transmissions (s. 61)61. Transmission of registered land from limited owner and on death.Charges (ss. 62-67)62. Creation and effect of charge on registered land.63. Saving for mortgages registered as charges.64. Transfer of charge.65. Discharge of registered charge.66. Transmission, etc., of charge.67. Restriction on custody of land certificate by registered owner of a charge.Other Interests in Registered Land (ss. 68-82)68. Creation and effect of subordinate rights and interests.69. Burdens which may be registered as affecting registered land.70. Registration of ownership of burdens.71. Registration of judgment mortgages.72. Burdens which are without registration to affect registered land.73. Mines, minerals, and mining rights.74. Priority of registered burdens.75. Priority of registered charge for future advances.76. Power of charging to be exercised by registered charge.77. Powers with respect to statutory charges.78. Term of years vested in trustee for raising money out of registered land.79. Term of years vested in trustee for raising money, or mortgage, prior to first registration.80. Provisions as to incumbrances created or issued by company and not registered or protected.81. Right of residence.82. Note of rights appurtenant to land.Register of Incorporeal Hereditaments and Other Rights (s. 83)83. Register of ownership.Registry Maps and Boundaries (ss. 84-89)84. Registry maps.85. Description of registered land.86. Entry of boundaries in certain cases.87. Entry of boundaries by agreement.88. Settlement of boundaries on transfer.89. Meaning of owner of unregistered land in regard to boundaries.Supplementary Provisions (ss. 90-95)90. Powers of person entitled to be registered as owner of land or charge.91. Undivided shares and co-owners.92. Notice of trusts.93. Discovery of instruments and facts affecting title.94. Production of deeds.95. Deeds to be marked with notice of registration.Cautions and Inhibitions (ss. 96-98)96. Caution against first registration of land.97. Caution against registered dealings.98. Inhibition of registered dealings.Settled Land (s. 99)99. Provisions as to limited owners.Trustees (s. 100)100. Power for trustee to apply to court for directions.Persons under Disability (ss. 101-102)101. Infants.102. Persons of unsound mind.Bankruptcy (s. 103)103. Provisions as to bankruptcy of registered owner.Stamp Duties (s. 104)104. Stamp duties.Certificates and Notices (ss. 105-106)105. Certificates.106. Addresses and notices.Searches and Priority (ss. 107-108)107. Searches of registers and maps.108. Priority given by certificate of official search.Part IV Devolution on Death and Descent on Intestacy (ss. 109-114)109. Application of Part IV.110. Devolution of registered land.111. Succession to beneficial interest in registered land on intestacy.112. Abolition of rules of descent in relation to registered freehold land.113. Saving for deaths before commencement of this Act.114. Meaning of "heirs".Part V Miscellaneous Provisions (ss. 115-127)115. Avoidance of certain stipulations in contracts for sale or charge of registered land.116. Exemption of land from registration in Registry of Deeds.117. Exemption from registration elsewhere of burdens registered under this Act.118. Indemnity of the Authority.119. Penalties for fraud.120. Compensation for error, forgery or fraud in relation to registration.121. Inhibition in consequence of discovery of error.122. Owner of land with possessory title not a trustee under Statute of Limitations, 1957.123. Effect of words of transfer.124. Power of Peace Commissioners to take affidavits.125. Registration of land below high-water mark.124A. Evidence in proceedings.126. Power to make rules and orders.127. Saving for bona vacantia.Schedule - Repeals
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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 1 December 2009 - onwards
Version 5 of 5

62. Creation and effect of charge on registered land.

(1) A registered owner of land may, subject to the provisions of this Act, charge the land with the payment of money either with or without interest, and either by way of annuity or otherwise, and the owner of the charge shall be registered as such.

(2) There shall be executed on the creation of a charge, otherwise than by will, an instrument of charge in the prescribed form but, until the owner of the charge is registered as such, the instrument shall not confer on the owner of the charge any interest in the land.

(3) [deleted]

(4) Any power, howsoever conferred, to borrow or lend money on the security of a mortgage shall be construed as including power to do so on the security of a registered charge.

(5) [deleted]

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