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BACK Fiji Islands - Legislation
LAWS OF FIJI
Ed. 1978 CHAPTER 131
LAND TRANSFER
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ARRANGEMENT OF SECTIONS
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PART I-PRELIMINARY
SECTION
1.. Short title. 2.. Interpretation.
PART II-APPLICATION
3.. Laws inconsistent not to apply to land subject to this Act. 4.. Scope of Act. 5.. What lands subject to Act.
PART III-APPOINTMENT, POWERS AND DUTIES OF OFFICERS
6.. Appointment of Registrar. 7.. Deputy Registrars. 8.. Seal. 9.. Suitable premises to be provided.
PART IV-CROWN GRANTS, CERTIFICATES OF TITLE AND REGISTRATION
10.. Crown grants. 11.. Certificate of title. 12.. Power to combine certificates. 13.. Power to divide certificates. 14.. Power of Registrar to require the proprietor to take out a fresh certificate. 15.. Proprietor entitled to certificate of title. 16.. Power to issue new certificate of title. 17.. History of dealings to be preserved. 18.. Instrument of title to be evidence of proprietorship. 19.. Register of Titles. 20.. Presentation Book. 21.. Registration of instruments of title. 22.. Instrument valid though proprietor not then registered. 23.. Priority of registration to give priority of title. 24.. Memorial of registration. 25.. Memorial to be endorsed on duplicate instrument, and certificate of time of registration to be endorsed on every instrument so registered. 26.. Power of Registrar to dispense with the production of duplicate grant or other instrument. 27.. Substitution for lost or defaced instrument. 28.. Case of lost duplicate instrument. 29.. Merger how registered. 30.. Search certificates. 31.. Applicant for search certificate may inspect instrument of title. 32. Stay of registration of dealings on issue of search certificate. 33.. Instruments when presented together. 34.. Co-ownership. 35.. Registrar to be guided by provisions of Act. 36.. Register to be open to search.
PART V-EFFECT OF REGISTRATION
37.. Instruments not effectual until registered. 38.. Registered instrument to be conclusive evidence of title. 39.. Estate of registered proprietor paramount, and his title guaranteed. 40.. Purchaser not affected by notice. 41.. Instrument etc., void for fraud. 42.. Proprietors protected against ejectment. 43. Instrument of title issued in name of deceased proprietor to be void.
PART VI-TRANSFERS
44.. Transfers. 45.. Procedure in case of transfer of land. 46.. When new certificate of title to be issued.
PART VII-RESTRICTIVE COVENANTS
47.. Creation of restrictive covenants. 48.. Discharge or modification of restrictive covenants.
PART VIII-EASEMENTS AND PROFITS A PRENDRE
49.. Creation of easement and profits. 50.. Consent of mortgagee, lessee or encumbrancee to easement or profit. 51.. Surrender of easements and profits. 52.. Variation of easements and profits.
PART IX-DISCHARGE AND MODIFICATION BY COURT OF RESTRICTIONS AND EASEMENTS
53.. Discharge or modification by court of restrictions and easements.
PART X-LEASES
54.. Form and registration of leases. 55.. Consent of mortgagee. 56.. Covenant not to transfer or sublet. 57.. Cancellation by Registrar. 58.. Variation. 59.. Consent to variation. 60.. Bringing down encumbrances on registration of new lease. 61.. Bringing down encumbrances on acquisition by lessee of fee simple. 62.. Surrender of lease how registered.
PART XI-MORTGAGES
63.. Mortgage to have effect as security only. 64.. Sub-mortgages. 65. Form of mortgage. 66. Variation of mortgage. 67.. Variation of priority of mortgages. 68.. Discharge of mortgage. 69.. Discharge of mortgage in case of death of annuitant, etc. 70.. How mortgage discharged in absence of the mortgagee from Fiji. 71.. Transfer by mortgagee in exercise of power of sale. 72.. Effect of registration of transfer signed by the mortgagee. 73.. Application for foreclosure, how and when made. 74.. Application to be advertised and Registrar to make order and register the mortgagee as proprietor. 75.. Foreclosure to be in full satisfaction of mortgage debt.
PART XII-LIFE ESTATES AND REMAINDERS
76.. Estates for life in reversion or in remainder.
PART XIII-TITLE BY POSSESSION TO LAND, AND REMOVAL OF ABANDONED EASEMENTS
77.. Acquisition of title by virtue of adverse possession prior to commencement of Act. 78.. Application for vesting order. 79.. Form of application. 80.. Powers and duties of Registrar. 81.. Notice. 82.. Person claiming interest may lodge caveat. 83.. Caveat by registered proprietor of estate in fee simple, etc. 84.. Caveat by person entitled to other estate or interest. 85.. Caveat by person claiming as beneficial or equitable owner of any estate or interest. 86.. Notice of refusal of application to be given to applicant. 87.. Power of Registrar to make vesting order. 88.. Certificates of title to be issued. 89.. Duty to be paid. 90.. Certain lands exempt. 91.. Application for removal of abandoned easement. 92.. Power of Registrar to cancel easement.
PART XIV-TRANSMISSION
93.. Person claiming under transmission may be registered. 94.. Registrar may enter caveat. 95.. Change or correction of name of proprietor. 96.. Trustee of bankrupt to be registered as proprietor. 97.. Refusal by trustee to accept a lease to operate as surrender. 98. Refusal to accept lease subject to mortgage to vest lease in mortgagee. 99. Surrender not to prejudice cause of action against lessee. 100. Provision in case of person holding for a deceased or bankrupt proprietor. 101. Survivorship.
PART XV-TRUSTS AND TRUSTEES
102. Trustees.
PART XVI-JUDGMENTS AND EXECUTION
103. As to proprietor preferred by court. 104. Enforcement of judgments, etc. against land. 105. Satisfaction, etc. of registered judgment.
PART XVII-CAVEATS
106. Caveat may be lodged. 107. Particulars to be stated in and to accompany caveat. 108. Entry and service of caveats. 109. Notice and opposition to caveat. 110. Removal of caveat. 111. Caveat may be withdrawn. 112. No second caveat may be entered. 113. No entry to be made in register affecting land in respect of which caveat continues in force. 114. Compensation for lodging caveat without reasonable cause. 115. Memorandum of caveats to be fixed to certificates. 116. Removal of caveat where interest protected has ceased to exist. 117. Caveat on behalf of a beneficiary under a will or settlement does not bar registration in certain cases.
PART XVIII-POWERS OF ATTORNEY
118. Registered proprietor may deal by attorney. 119. Powers of attorney to be deposited and registered. 120. Revocation of power of attorney. 121. Cancellation of power of attorney.
PART XIX ATTESTATION, CERTIFICATION AND EXECUTION
122. Witnesses necessary in attesting documents. 123. Application to have force of statutory declaration. 124. Instruments to be certified correct for registration. 125. Consent to dealing, how given. 126. Prior encumbrances to be endorsed on instruments. 127. Appointment of liquidator of company to be entered in the register.
PART XX-GOVERNMENTS OF OVERSEAS COUNTRIES
128. Governments of overseas countries may be registered proprietors.
PART XXI-SPECIAL POWERS AND DUTIES OF REGISTRAR
129. Power to call for documents. 130. To administer oaths. 131. Powers to enter caveats, to correct certificates and to destroy documents. 132. To mark or stamp instrument. 133. Exemptions from fees. 134. Registrar to keep account of moneys received. 135. Registrar to carry out order vesting trust estate. 136. Power of Registrar to make a vesting order in cases of completed purchase. 137. Certain encumbrances which have ceased to affect the title may be removed from the register. 138. Satisfaction of judgment may be entered before the expiration of four months from the entry of copy writs.
PART XXII-GUARANTEE OF TITLE
139. Indemnity. 140. Damages for mistake or misfeasance of Registrar. 141. Notice of action to be served on Attorney-General and Registrar. 142. Liability of plaintiff for costs. 143. In case of fraud compensation paid and costs recoverable. 144. Consolidated Fund to be credited or debited. 145. Judgment may be signed against absconders, etc. 146. Judgment recovered at any time. 147. Crown not liable in certain cases. 148. Value of land at time of deprivation to be measure of damages. 149. Limitation of actions.
PART XXIII-SUBDIVISIONS AND ROADS
150. Power of Registrar to require plan. 151. Crown survey boundaries as marked on the ground to be deemed the true boundaries. 152. Crown grant or lease deemed to convey land within survey boundaries marked on the ground. 153. How survey boundaries may be proved in the absence of survey marks. 154. Margin of error allowed in description of boundaries. 155. Registrar may disregard minute errors of dimensions. 156. Excess of land may be apportioned between different owners or proprietors. 157. Proprietor subdividing to deposit map if required. 158. Number of allotment on plan of subdivision sufficient description for purposes of dealings. 159. Creation of easements by certificate and deposit of plan. 160. Plan of subdivision. 161. Acquisition of land for public purposes. 162. Vesting of public roads in the Crown. 163. Power of Registrar to issue certificate of title for street.
PART XXIV-SPECIAL JURISDICTION OF THE SUPREME COURT
164. Appeal to court from order of Registrar. 165. Reference to court on legal points, etc. 166. Correction of instrument issued in error. 167. Power of court in case of refusal to deliver up instrument of title. 168. Power of court to direct Registrar. 169. Ejectors. 170. Particulars to be stated in summons. 171. Order for possession. 172. Dismissal of summons. 173. No necessity for writ of possession when order is obtained. 174. Proprietor to allow his name to be used in any action upon application of person interested.
PART XXV-MISCELLANEOUS
175. Lands belonging to Crown maybe withdrawn from operation of Act. 176. Service of notices. 177. Regulations. 178. Repeal and saving.
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CHAPTER 131
LAND TRANSFER ____________
Act No. 19 of 1971, Legal Notice No. 46 of 1972, Acts Nos. 25 of 1974, 14 of 1975, 14 of 1976, 2 of 1979
AN ACT TO AMEND THE LAW RELATING TO THE TRANSFER OF LAND AND TO THE REGISTRATION OF TITLE TO LAND
[1 August 1971]
PART I-PRELIMINARY
Short title
1. This Act may be cited as the Land Transfer Act.
Interpretation
2.-(1) In this Act and in all instruments made or executed in pursuance thereof, unless the context otherwise requires-
"court" means the Supreme Court;
"Crown grant" or "grant" means any grant of land by the Crown;
"dealing" means any transaction of whatsoever nature by which land or any estate or interest therein is affected under the provisions of this Act;
"Director of Lands" means the Director of Lands and Surveyor-General;
"disability" means the legal disability of infancy or unsoundness of mind;
"encumbrancee" means the proprietor of any encumbrance;
"encumbrancer" means the proprietor of any land, or of any estate or interest therein, that is subject to an encumbrance;
"encumbrances" includes all prior estates, interests, rights, claims and demands which can or may be had, made or set up in respect of land, and includes a mortgage;
"estate or interest" means any estate or interest in land subject to the provisions of this Act, and includes any mortgage thereon;
"instrument" includes every document registered or capable of registration under this Act or in respect of which any memorial is by this Act directed, required or permitted to be entered in the Register Book or endorsed on any registered instrument;
"instrument of title" includes a certificate of title, Crown grant, lease, sublease, mortgage or other encumbrance as the case may be;
"land" includes land, messuages, tenements and hereditaments, corporeal and incorporeal, of every kind and description, together with all buildings and other fixtures, paths, passages, ways, watercourses, liberties, privileges, easements, plantations, gardens, mines, minerals and quarries, and all trees and timber thereon or thereunder lying or being unless any such are specially excepted;
"lease" includes a sublease;
"lessee" means the proprietor of a lease or sublease;
"lessor" means the proprietor of the land leased and includes a sub-lessor;
"memorial" means the entry relating to any instrument duly entered by the Registrar on the instrument of title;
"mortgage" means any charge on land, or any estate or interest therein, created under the provisions of this Act for securing—
(a) the repayment of a loan or satisfaction of an existing debt;
(b) the repayment of future advances, or payment or satisfaction of any future or unascertained debt or liability, contingent or otherwise;
(c) the payment to the holders for the time being of any bonds, debentures, promissory notes or other securities, negotiable or otherwise, made or issued by the mortgagor before or after the creation of that charge;
(d) the payment to any person or persons by yearly or periodical payments or otherwise or any annuity, rent charge or sum of money other than a debt, and includes the instrument effecting the same;
"mortgage money" means all moneys, whether principal sum, annuity, rent charge or other periodical payment, interest or other moneys whatsoever, owing under or secured by a mortgage;
"mortgagee" means the proprietor of a mortgage;
"mortgagor" means the proprietor of land, or any estate or interest therein, charged with a mortgage;
"personal representative" means the executor, original or by representation, or the administrator for the time being of the estate of a deceased person;
"person of unsound mind" has the same meaning as in the Mental Treatment Act; (Cap. 113.)
"proprietor" means the registered proprietor of land, or of any estate or interest therein;
"qualified witness" means any person prescribed as such under the provisions of paragraph (e) of section 177;
"register" means the Register of Titles to land to be kept in accordance with the provisions of this Act;
"Registrar" means the Registrar of Titles appointed under the provisions of this Act, and includes any Deputy Registrar;
"transmission" means the acquisition of title to land, or to any estate or interest therein, by operation of law and, without restricting the generality of the foregoing words, includes the acquisition of title to an estate or interest in land consequent on the death, will, intestacy or bankruptcy of a proprietor or by decree of the court or by assignment for the benefit of creditors. (Amended by Act 24 of 1974, s.2; 14 of 1976, s.2.)
(2) In all instruments purporting to be made under the provisions of this Act, unless the context otherwise requires the description of any person as proprietor, transferor, transferee, mortgagor, mortgagee, encumbrancer, encumbrancee, lessor or lessee or as trustee or as having or taking any estate or interest in any land shall include the personal representatives and transferees of such person.
PART II-APPLICATION
Laws inconsistent not to apply to land subject to Act
3. All written laws, Acts and practice whatsoever so far as inconsistent with this Act shall not apply or be deemed to apply to any land subject to the provisions of this Act or to any estate or interest therein.
Scope of Act
4. All land subject to the provisions of the Land (Transfer and Registration) Ordinance and every estate or interest therein and all instruments and dealings affecting any such land, estate or interest shall from the commencement of this Act be deemed to be subject to the provisions of this Act. (Cap. 136.) (1955 Edition)
What lands subject to Act
5. The following freehold and leasehold land shall be subject to the provisions of this Act:-
(a) all land which has already in any manner become subject to the provisions of the Land (Transfer and Registration) Ordinance; (Cap. 136.) (1955 Edition)
(b) all land hereafter alienated or contracted to be alienated from the Crown in fee;
(c) all leases of Crown land granted pursuant to the provisions of the Crown Lands Act, all leases of native land granted pursuant to the provisions of the Native Land Trust Act and all mining leases, special mining leases, special site rights and road access licences granted pursuant to the provisions of the Mining Act; (Cap. 132.) (Cap. 134.) (Cap. 146.)
(d) all land in respect of which any order is hereafter made under the provisions of any Act now or hereafter in force which has the effect of vesting that land in any person in freehold tenure.
PART III-APPOINTMENT, POWERS AND DUTIES OF OFFICERS
Appointment of Registrar
6. The Judicial and Legal Services Commission may appoint any fit and proper person to be Registrar of Titles and such Registrar of Titles shall be charged with the administration of the provisions of this Act. (Inserted by 25 of 1974, s. 3.)
Deputy Registrars
7. -(1) The Minister may appoint Deputy Registrars of Titles and such other officers as may be necessary for carrying out the provisions of this Act.
(2) Whenever by any law in force in Fiji anything is appointed to be done by the Registrar the same may lawfully be done by any Deputy Registrar.
Seal
8.-(1) The Registrar shall cause to be kept a seal of office, and all certificates of title and other documents purporting to be sealed with such seal and signed by the Registrar or a Deputy Registrar shall be admissible in evidence without further proof.
(2) All courts, judges and persons acting judicially shall take judicial notice of the signature of the Registrar of Titles and of any Deputy Registrar of Titles.
Suitable premises to be provided
9. There shall be provided and maintained in proper repair at the public expense substantial and fireproof premises to serve as the place of deposit and preservation of the registers and all other documents connected with the registration of titles, and such premises shall be equipped with such fireproof safes, strong-rooms and other secure places as may be necessary.
PART IV-CROWN GRANTS, CERTIFICATES OF TITLE AND. REGISTRATION
Crown grants
10.-(1) Crown grants of land in Fiji shall be grants in fee simple. Every grant in addition to proper words of description shall contain a diagram of the land. Each Crown grant shall be prepared in duplicate and shall be delivered by the Director of Lands to the Registrar, who shall register the grant in manner hereinafter provided and deliver the duplicate to the proprietor named therein.
(2) The Minister may issue a Crown grant of any whole island in any part of Fiji without a diagram of such island being contained in such Crown grant:
Provided that-
(a) whenever any such island has been accurately surveyed and laid down on charts, maps or plans, the Director of Lands shall call in the duplicate Crown grant and add thereto a plan or diagram of the island and also add the same to the original Crown grant in the register, and the Registrar shall produce such original Crown grant for that purpose; and
(b) where any such island has been transferred before it has been accurately surveyed and laid down on charts, maps or plans the provisions of this section with regard to adding the plan or diagram to the Crown grant shall equally apply to the certificate of title in the name of the first or any subsequent transferee.
Certificate of title
11. When a Crown grant is cancelled upon registration of a transfer or other dealing as hereinafter provided, the Registrar shall issue in duplicate a certificate of title in favour of the new proprietor in the prescribed form, the original of which he shall register in the same manner as provided for Crown grants and the duplicate he shall deliver to the new proprietor; and in like manner upon the cancellation of each certificate of title a fresh certificate of title shall be issued, and the title of the proprietor under each fresh certificate shall be as valid and effectual in every respect as if he had been the original grantee of the land contained in the certificate.
Power to combine certificates
12. Upon the application in writing of the proprietor of any land the subject of separate grants or certificates and upon such proprietor delivering up the duplicates of all such grants and certificates, the Registrar may, subject to the other provisions of this Act and to the provisions of any Act relating to the subdivision of land, issue in place thereof a single certificate of title in favour of such proprietor for the whole of such land, and upon the issue of such new certificate shall-
(a) endorse thereon all memorials to which such land or any part thereof may, at that time, be subject; and
(b) cancel the previous grants or certificates endorsing thereon a memorandum of the reasons for such cancellation and a reference to the new certificate of title issued in place thereof.
Power to divide certificates
13. Upon the application in writing of the proprietor of any land the subject of a grant or certificate of title and upon such proprietor delivering up the duplicate of such grant or certificate, the Registrar may in accordance with the application issue in place thereof, either-
(a) separate certificates of title in favour of such proprietor for each portion of such land, and upon the issue of such new certificate shall-
(i) endorse on each such certificate all memorials to which the land included therein may, at that time, be subject; and
(ii) cancel the previous grant or certificate endorsing thereon a memorandum of the reasons for such cancellation and a reference to the new certificate of title issued in place thereof; or
(b) a separate certificate of title in favour of such proprietor for any portion of such land, and upon the issue of such new certificate shall-
(i) endorse thereon all memorials to which the land included therein may, at that time, be subject;
(ii) endorse on the certificate of title relating to the land from which such part is taken, a memorandum partially cancelling such grant or certificate; and
(iii) either retain the duplicate of such partially cancelled grant or certificate or return the same to the proprietor, and shall when so required by the proprietor of the land the subject of such partially cancelled grant or certificate, issue a new certificate of title in favour of such proprietor for the balance of the land the subject of such partially cancelled grant or certificate, and complete the cancellation of such partially cancelled grant or certificate endorsing thereon a memorandum of the reasons for such cancellation and a reference to the new certificate of title issued in place thereof.
Power of Registrar to require the proprietor to take out a fresh certificate
14. The Registrar may, on or before the registration of any instrument, require the proprietor of any land to take out a new certificate of title or several new certificates of title, or he may require such proprietor to combine several certificates of title in one new certificate of title.
Proprietor entitled to certificate of title
15. The proprietor of any land shall be entitled to the issue of a certificate of title in respect of such land and, if any certificate be issued in favour of a person under disability, the Registrar shall state, in such certificate, the date of birth of the minor or the nature of the disability so far as it is known to him.
Power to issue new certificate of title
16.-(1) The Registrar may, on delivery to him of a duplicate Crown grant or certificate of title and on the application of the proprietor, cancel the existing grant or certificate and issue a new certificate of title in place thereof.
(2) Where the Registrar is of the opinion that, because a Crown grant or certificate of title has become defaced or illegible or has no convenient space for further endorsements, such grant or certificate should be replaced, he may-
(a) require the proprietor to apply for a new certificate of title; and
(b) retain the duplicate grant or certificate required to be replaced until the issue of a new certificate of title and on such issue cancel the replaced grant or certificate.
History of dealings to be preserved
17. The Registrar shall cause to be noted on the register and on all instruments registered under the provisions of this Act, such references as will enable the title to be traced either prior or subsequent to the original instrument of title.
Instrument of title to be evidence of proprietorship
18. Every duplicate instrument of title duly authenticated under the hand and seal of the Registrar shall be received in all courts as evidence of the particulars contained in or endorsed upon such instrument and of such particulars being entered in the register and shall, unless the contrary be proved by the production of the register or a certified copy thereof, be conclusive evidence that the person named in such instrument or in any entry thereon as seised of or as taking an estate or interest in the land described in such instrument is seised or possessed of such land for the estate or interest so specified as from the date of such certificate or as from the date from which such estate or interest is expressed to take effect.
Register of Titles
19. The Registrar shall keep books, to be called the "Register of Titles", and shall bind up therein the originals of all instruments of title to be issued as hereinafter provided, and each instrument of title shall constitute a separate folium of the book in which such instrument is entered and the Registrar shall record, by entering a memorial thereof on the folium constituted by each such instrument of title, the particulars of every other instrument, dealing or matter affecting the same and which is required by the provisions of this Act or entered in the register.
Presentation Book
20. The Registrar shall also keep a book, to be called the "Presentation Book", in which shall be entered by a short description every instrument which is presented for registration with the day and hour and, if required by the person presenting the instrument, the minute of presentation; and, for purposes of priority only, the time of registration, notwithstanding the provisions of section 21, shall be deemed to relate back to the time of presentation for registration. The Registrar in entering memorials upon the instruments of title embodied in the register and endorsing a memorandum upon an instrument to be issued shall take the time from the Presentation Book as the time of registration.
Registration of instruments of title
21.-(1) Every instrument of title shall be deemed and taken to be registered under the provisions and for the purposes of this Act as soon as the same has been signed by the Registrar and marked with a serial number in the register, and every instrument purporting to transfer or in any way to affect land subject to the provisions of this Act, or any estate or interest therein, shall be deemed to be so registered as soon as a memorial thereof as herein described has been entered in the register upon the folium constituted by each existing instrument of title affected by such dealing.
(2) The person named in any instrument of title or other instrument registered as provided in subsection (1) as the proprietor or as becoming a proprietor, of land subject to the provisions of this Act, or of any estate or interest therein, shall be deemed and taken to be the duly registered proprietor thereof.
Instrument valid though proprietor not then registered
22. No instrument purporting to deal with any land subject to the provisions of this Act, or any estate or interest therein, shall be or be deemed to have been invalid or ineffectual by reason only that the same purports to have been executed at a time when the person executing the same was not actually registered as the proprietor of such land or of such estate or interest therein.
Priority of registration to give priority of title
23. Except as otherwise provided in this Act, every instrument presented for registration shall, unless it is a Crown grant, be attested by one witness, and shall be registered in the order of time in which the same is presented for that purpose, and instruments registered in respect of or affecting the, same estate or interest shall, notwithstanding any express, implied or constructive notice, be entitled to priority according to the date of each registration and not according to the date of each instrument itself, and the Registrar, upon registration thereof, shall enter a memorial of the same in the register and, if such instrument is in duplicate as herein provided, he shall deliver the duplicate to the person entitled thereto, and as soon as it has been registered, every instrument shall, for the purposes of this Act, be deemed to be embodied in the register as part and parcel thereof.
Memorial of registration
24. Every memorial entered in the register shall state the nature of the instrument to which it relates, the day and hour of the presentation of such instrument for registration, and such other particulars as the Registrar may direct, and shall refer by number or symbol to such instrument, and shall be signed by the Registrar.
Memorial to be endorsed on duplicate instrument, and certificate of time of registration to be endorsed one very instrument so registered
25. Whenever a memorial of any instrument has been entered in the register, the Registrar shall, except as herein otherwise provided, endorse the like memorial on each duplicate grant, certificate of title or other instrument affected thereby, unless he dispenses with production of the same, as hereinafter provided; and the Registrar shall endorse on every instrument so registered a certificate of the time at which the instrument was presented for registration and shall authenticate each such certificate by signing his name and affixing his seal thereto, and such certificate shall be received in all courts as conclusive evidence that such instrument has been duly registered.
Power of Registrar to dispense with the production of duplicate grant or other instrument
26. The Registrar may dispense with the production of the duplicate of any grant, certificate of title, or other instrument for the purpose of endorsing the memorial required by the provisions of section 25 to be endorsed thereon and, upon the registration of any instrument affecting the same, the Registrar shall state in the memorial entered in the register in respect thereof that no endorsement of such memorial has been made on the duplicate grant, certificate of title or other instrument, and the dealing effected thereby shall thereupon be as valid and effectual as if such memorial had been so entered:
Provided that, before registering such instrument, the Registrar shall require the party presenting the same for a registration to make a declaration that such grant, certificate of title or other instrument has not been deposited by way of lien or as security for any loan or other liability, and shall give at least fourteen days' notice in the Gazette and in one newspaper published and circulating in Fiji of his intention to register such dealing.
Substitution for lost or defaced instrument
27.-(1) Where the Registrar is satisfied that any original instrument of title in the register has been lost or destroyed or has become defaced or illegible he may cause another instrument to be prepared and to be endorsed with all the entries made on the original instrument so far as can be ascertained from the records on the register and from an inspection of the duplicate or such other evidence as may be available as to the contents of the original.
(2) When the Registrar has caused a new instrument of title to be prepared in accordance with the provisions of subsection (1) he shall cause to be made and sign a memorandum on such instrument stating that it is a substitute instrument to be used in place of the original and showing what has become of the original so far as is known to him and, on and after the date of such signature, the substitute shall be bound in the register book and used in place of the original for the purpose of all dealings.
Case of lost duplicate instrument
28.-(1) In the event of any duplicate instrument of title being lost or destroyed, the proprietor of the land, estate or interest to which such instrument relates, together with other persons, if any, having knowledge of the circumstances, may make a statutory declaration stating to the best of the declarant's knowledge and belief, the facts of the case, the names and descriptions of the registered owners, and the particulars of all encumbrances and other matters affecting such instrument and the land, estate or interest to which it relates, and the Registrar, if satisfied as to the truth of such declaration and the bona fides of the transaction, may issue to such proprietor a special duplicate instrument of title, which special instrument shall contain an exact copy of the original instrument of title bound up in the register and of every memorial entered or endorsed thereon and shall also contain a statement why such special duplicate instrument was issued, and the Registrar shall at the same time enter on the original instrument notice of the issuing of each special duplicate instrument and the date thereof and why it was issued, and such special duplicate instrument shall be available for all purposes and uses for which the duplicate instrument of title so lost or destroyed would have been available and as valid to all intents as such lost instrument:
Provided that the Registrar before issuing such special duplicate instrument shall give at least fourteen days' notice of his intention so to do in the Gazette and in one newspaper published and circulating in Fiji.
(2) In the event of a special duplicate instrument of title being issued under the provisions of subsection (1) and of the duplicate instrument being at any time thereafter found or recovered, such duplicate instrument shall forthwith be lodged, by the person who finds or recovers it, with the Registrar who shall cause such duplicate instrument to be cancelled.
(3) If, in the circumstances specified in subsection (2), the duplicate instrument of title is not lodged with the Registrar for cancellation, such duplicate instrument shall, by virtue of the issue of the special duplicate instrument, become null and void and cease to have any value or effect in relation to the land comprised therein.
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