Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698069503706.pdf (Guyana)
ORDINANCE 18 of 1959.

LAND REGISTRY ORDINANCE.

I assent.

�w��"'� Officer Admi�is� the Government.

� 3l -A.ugust, 1959.

BRITISH GUIANA.

Arrangement of, Sections.

PART 1.

-PRELIMINARY Section and commencement.

1.Short title 2.Interpretation.

3.Application 4.Objects 5.Land not to be withdrawn.

of Ordinance.

of other Ordinances.

No.

18] THE LAWS OF BRITISH GUIANA [A.D. 1959 2 PART II.

- ADMINISTRATION · 6.. Land registration 7.Registrar 8.Establishment 9.Oath of office.

districts.
districts.

of Lands and other officers.

of land registries.

10.Appointment and oath of valuers.

PART III.

- COMMISSIONERS OF TITLE of Commissioners of Title.

for appointment of Commissioners.

11.Appointment 12.Qualification 13.Commissioner's 14.Land Court.

15.Jurisdiction 16.Practice and procedure oath.

and powers of Commissioners.

of the Land Court.

PART IV.

- FIRST REGISTRATION A.Registration Areas area by order.

of the order.

for declarations or recording of title.


of registt"ation in the area.

of applications.

to give notice in Court.

on titles and plans of the area.

17.Designation 18.Commissioner pending 19.Actions 20.Registrar's report 21.Surveys 22.Applications 23.Hearing 24.Adjudication 25.Further 26.Rights of absent 27.Provisions 28.Declaration 29.Declaration 30.Recording 31.Publicat 32.Registration 33.Recording 34.Appeals.

or record 35.No registration 36.Order where appeal of documents of documents allowed.
of absolute of provisional title.

title.

of title by Commissioner.

powers of the Commissioner.

safeguarded.

persons of land.

as to occupation and records ion of declarations of declarations of title.

of title.

of title pending appeal.

of title by the Registrar.

by the Commissioner.

B.Areas other than registration areas 1· I of Crown and Colony lands and of Crown grants.

of title.

for declaration of applications.

of Commissioner.


on of absolute 37.First registration 38.Application 39.Hearing 40.Decision 41.Declarati 42.Publication 43.First registration 44.First registration 45.First registration 46.First registration 4 7.

First registration of title by transport.

upon order of Court.

in lieu of J udical upon vesting upon partition of declarations title sale transport.

under an Ordinance.

or re-allotment.

in the case of doubtful titles.

and procedure thereafter.


A.D. 1959] LAND REGISTRY [No.

18 3 C.General of documents filed as of record.

48.Endorsement title.

49.First registration with absolute adverse PART V. - THE REGISTER to provisional title by plan.

register.

except 50.Form of register.

51.Index plan and blocks.

52.First entry in register.

53.No registration 54.Entry of memorials in 55.Provisions 56.Endorsements 57.Registration 58.'
Filing 59.Instruments 60.Rectification 61.Rectification 62.Titles 63.Approved not to be cancelled.

of instruments.

plans.

as to instruments.

of instruments.

not to be registered.

of register of register by Registrar.

by Court.

of instruments.

PART VI.

- TITLE OF REGISTERED ineffectual until registered.

PROPRIETORS 64.Instruments 65.Nature of title.

title.

66.Absolute title.

6 7.

Provisional 68.Conversion of provisional 69.Protection of person 70.Actions of ejectment.
dealing into absolute in registered title.

land.

PART VII.

- CERTIFICATE OF TITLE of title.

71.Certificate 72.Production of certificate.

73.Lost or destroyed 74.Replacement 75.Admissibility certificates.

of certificates.

of certificates.

PART VIII.

- TRANSFERS 76.Form and effect 77.Transfer 78.Life interests.

79.Proof of purchase of transfer.

of mortgaged land.

or charged before Commissioner.

PART IX.

- MORTGAGES AND CHARGES and charge.


80.Form of mortgage 81.Conditions implied 82.Variation 83.Postponement 84.Discharge 85.Payment 86.Discharge 87.Creation 88.Enforcement to credit of mortgages in mortgages.

and charges.

of prior mortgages and charges.

of mortgages of absent of lien by deposit of mortgages of mortgage or charge and charges.

mortgagee.

and charges.

by Registrar of certificate.

on proof.

No.

18] THE LAWS OF BRITISH GUIANA [AD.

1959 4 PART X.

- LEASES implied in leases.


and extension and substitution of leases.

89.Leases.

90.Conditions 91.Variation 92.Renewal 93.Leases 94.Sub-leases.

95.Surrender 96.Determination of leases.

of mortgaged or charged land.

of leases.

of leases.

�.

PART XI.

- TRANSMISSION .

.

I where transmission not registered.

persons entitled.

to register 97.Transmission on death.


98.Dealings 99.Application 100.Transmission 101.Effect 102.Receiving, 103.Transmission 104.Transmission 105.Effect of transmission of disclaimer, winding-up on insolvency.

.

discharge and annulment.

and other orders.

by operation on death of joint proprietor or holder of law.

for life.

PART XII.


- ACQUISITION OF TITLE BY ADVERSE POSSESSION by adverse 106.Ac,,l'.1isi tion of title 107.Application 108.Title of registered 109.Extinction of previous 110.No limitation against PART XIII.

- EASEMENTS, for declaration of title proprietor title.

registered RESTRICTIVE to prevail.

possession.

proprietor.

and procedure thereon.

COVENANTS AND OTHER RIGHTS AND INTERESTS of easements from the register 111.Registration 112.Removal 113.Easements enjoyed by the public.
114.Provisions 115.Rights as to buildings.

of way of necessity.

and restrictive of easements covenants.

and restrictive covenants.

PART XIV.

- TRUSTS 116.Registration 117.Restriction 118.Removal 119.Exoneration of restrictions.

dealing.

of persons of proprietor may be entered in a fiduciary but no trusts.

capacity.

PART XV.

- JUDGMENTS AND WRITS of judgments and writs.

of judgments and writs.

120.Effect 121.Registration 122.Removal 123.Lapsing 124.Sales in execution.
from register of memorials of memorials of judgments.

of judgments and writs.

PART XVI.

- CAVEATS AND PROHIBITIONS 125.Caveats.

126.Prohibitions.

A.D. 1959] LAND REGISTRY (No.

18. s PART XVII.

- ASSURANCE FUND AND COMPENSATION Fund.

of Assurance to compensation.

cases.

not entitled 127.Establishment the Fund.

128.Claims against 129.Fund not liable in certain 130.Persons 131.Amount of compensation.

132.Notice of action.

133.Admission of claim.


134.Summary determination 135.Action for recovery 136.Right of Registrar 137.Right of Registrar 138.Costs against to enforce to recover or compromise the Fund.

of compensation.

of compensation.

judgement.

compensation payable or paid.

PART XVIII.

- GENERAL PROVISlONS of register.

139.Inspection 140.Certified copies.

141.Official search.

142.Stay of registration.

143.Powers of the Registrar.


144.Registrar 145.Appeal against 146.Appeal against 147.Court proceedings decision decision may state case.

affecting land.

of Registrar.

of Commissioner.

PART XIX.

- MISCELLANEOUS PROVISIONS in Deeds Registry.

deposited powers of attorney.

of notices.

148.Addresses.

149.Service 150.

Instruments 151.Special 152.Execution 153.

Protection 154.Exoneration 155.Offences.

156.Unqualified remedies.

157.

Other 158.Fiat of Attorney practitio ners.

of instruments.
of instruments.

against of Registrar of the Registrar.

General.

actions.

PART XX.

- RULES, FORMS, FEES, ETC.

in Council to make rules.

159.Power of Governor 160.Forms.

161.Fees.

162.Declaration 163.Remuneration 164.Accounts.

First Schedule Second Schedule as to consideration.

of legal practitioners.

I .I i , , 'I l 6 THE LAWS OF BRITISH GUIANA [A.D. 1959 AN ORDINANCE to provide for the registra tion of land and for matters A.O.

19S9 Short tiU� and commence­ ment connected Enacted therewith.
of British by the Legislature P ART 1.

PRELIMINARY Guiana:­ 1.

(I) This Ordinance may be cited as the Land Registry Ordi­ nance, 1959.

(2)The Governor shall appoint or any parts or provisions in Council the day or days on which this Ordinance force in British tend the application portion of British Guiana or any portion thereof of any parts or provisions Guiana in such manner as he thinks shall come into thereof and may restrict or ex­ of this Ordinance to any fit.

Intcrprc­ cation.

2.
(1) In this Ordinance unless "approved plan" means a recorded proved by the Commissioner cordance with the provisions of section the context otherwise plan which has been ap­ of Lands and Mines in ac­ requires­ 63; of Title appointe "Commissioner" means a Commissioner and in relation under this Ordinance, missioner" jurisdiction means the Commissioner the land lies; d to any land "the Com­ of Title within whose means the Supreme "Court" "dealing" the rights Court of British of whatever Guiana; nature in or over land are affected; means any transaction of persons means a land registration "district" district under this Ordi­ by which nance; "document of title" of any person means any document to unregistered title tered in the Deeds Registry and Mines; land and which is regis-­ or in the Department which evidences the of Lands "endorsement" includes anything written margin or at the foot of any document; upon or in the includes ''Instrument" other document registration "interest" under this Ordinance; to land includes in relation any deed, judgment, requires in writing which decree, or is capable order or of charge any mortgage, or burden, on, liability, easement lease, in or over land; or any other right, "judge" "land" includes affixed thereto Ordinance, means a judge of the Court; growing all things and except as otherwise thereon; means an entry made in the Register all buildings "memorial" thereon or permanently in this provided and signed by the Registrar of any instrument presented for registration: "parcel" means any separate lot or other area into which "Part", land is divided "section", or sub-divided; "schedule" as the case may be; plan" means a plan of a survey of this Ordinance "recorded and recorded land surveyor and Mines in accordance made by a sworn of Lands with the Commissioner to the laws for with and pursuant mean Part, section or schedule A.D. 1959] LAND REGISTRY [No.
18 7 • the time being in force relating surveyors and includes with the Commissioner recorded to the coming into force of this Ordinance; by sworn land to surveys any other plan authorised of Lands and Mines prior by and "register" means the register of this kept under the provisions Ordinance; "to register" Ordinance, means to register and the words "registered", of this under the provisions and "unregistered", •'registration" shall "Registrar" means and includes be construed the Registrar this Ordinance assistant "transfer" registrar; means the passing accordingly; under of Lands appointed the Deputy Registrar and an and of law and also the instrument of land by act of the parties by which not by operation such passing "transmission" is effected; means the vesting of land by operation of law proprietor or of a registered on the death or insolvency otherwise.
(2)For the purposes of this Ordinance or lessee person as proprietor, lessor the executors, person.

shall unless the context administrators, successors, transferor, transferee, the description of any mortgagor, otherwise transferees requires and assigns mortgagee, include of that (3)Unless the context to a transport ordinance if the land is any land shall, or to the execution and to· a transfer transfer or to the passing registered otherwise as the case may be.
(4)References context so admits include in this Ordinance references to interests in land.

to land shall where the requires, of a transport in any in respect reference of land, be deemed to be a reference registration of an instrument of and no regulations, Application 3.

(1) Except as otherwise provided in this Ordinance, no other of other relating or procedure Ordinances.
land so far as they are inconsistent with prejudice and in particular laws, practice but without rules, ordinance to land shall apply to registered of this Ordinance, the provisions of the foregoing to the generality ventional or hypothecs mortgages a prendre or real servitud ments profits not apply to registered appears nothing contained strued any dealing as permitting the express vision authority provisions of any other ordinance land, but unless a contrary e shall be con­ in this Ordinanc or other act which is forbidden under or as overriding any pro­ of any or approval requiring the consent of any other ordinance the law and practice of immovable relating to con­ and to ease­ property es and to oppositions shall intention or other act.
or person to any dealing (2)Except as otherwise of the Deeds Registry provisions land and, unless the context nance or other law to the Deeds Registry Registry tion to -any dealing registered land registry or instrument land, be deemed to be a reference of Deeds in relation affecting or to the Registrar or to the Registrar Ordinance otherwise Ordinance or to the Deeds to any land or in rela­ any land shall, if.
the land is or to the to this Ordinance requires, reference in any ordi­ of Lands as the case may be.

provided in this Ordinance, the shall not apply to registered Cap.

32 No.

18] THF LAWS OF BRITISH GUIANA [A.D. 1959 8 Objects of Ordinance.

4 (1) The objects land and facilitate dealing to aU registered title this Ordinance.
of this Ordinance are to simplify the therewith and to secure in certain indefeasibility cases specified proprietors, except title to of in (2)This Ordinance shall best give effect to the objects shall be construed hereinbefore declared.

in such manner as Land not to bo withdrawn, 5.No land once subject to the provisions of this Ordinance shall be withdrawn therefrom.

PART II.

- ADMINISTRATION regis- ��ri�n dlstricts.

Council may by order- 6.


(1) For the purposes of this Ordinance the Governor in (a)divide British Guiana or any portion thereof into land regis­ districts; tration (b)constitute district (c)distinguish and proper; (d)vary the limits or districts; of any district.

in any part of British Guiana a land registration the districts by the name or number he thinks (2)Every such order shall be published and or at any other time men­ in the Gazette, shall take effect tioned therein.
on the publication thereof Registrar of Lands and other officers.

7.

(1) There shall be a Registrar trar of Lands, who shall be the persons offices of Registrar tively.

of Lands and a Deputy Regis­ for the time being holding the of Deeds and Deputy Registrar of Deeds respec­ (2)The Governor shall appoint such assistant as he may consider necessary for the purposes registrars and of this other officers Ordinance.
directions (3)The Deputy Registrar subject of the Registrar, assist the Registrar under this Ordinance special ance of his duties office have all the powers and may exercise Registrar.
and shall in the exercise of his of the to the general in the perform­ all the functions shall, or (4)An assistant registrar shall of the Registrar to the act under and conform thereto shall when in charge of a of and subject have all the powers and may exercise in such land registry except such as may be expressly all the functions directions land registry the Registrar required to be exercised by the Registrar.

Establishment of land rc2istries.

8.


(1) There shall be established a land registry, and the land registry and maintained in Georgetown in each dis­ shall be the trict Principal Land Registry.

(2)The Registrar of the title for the registration has been established shall maintain register of which such land registry of dealings under this Ordinance.

(3)Every land registry to land in the district in each land registry in respect a shall have a seal for the sealing of and for the recording documents.

AD.
AD.

1959] LAND REGISTRY [No.

18 9 9.

The following by every Registrar, hereafter Deputy Registrar entering before be appointed, "!, AB., swear by Almighty the Chief Justice Oath of office.

registrar who may of his office- God that I will faithfully and to the and assistant upon the duties oath shall be taken before best of my ability execute and the office or assistant trar of Lands (or Deputy Registrar, to the Land Registry may be) pursuant may appoint 10.
(1) The Registrar and may annul the appointment perform persons Ordinance, 1959."

and duties registrar of Regis­ as the case to be sworn valuers of any such person.

shall on appointment authorised take the follow­ to adminster who is hereby the (2)Every such person ing oath before the Registrar same- "I, AB., swear by Almighty God that in making any valuation will act faithfully and honestly and to the best of my skill I and ability."

Appointment and oath of valuera.


PART UL-COMMISSIONERS OF TITLE shall for the purposes 11.

The Governor such number of Commissioners of this Ordinance Appointment of Commi .. of Title as he may consider sioners of Title appoint necessary.

12.

(1) No person is a barrister or solicitor (2)No person either of office practise or be in partnership a Commissioner unless he shall be appointed of not less than five years standing.
appointed a Commissioner Qualification for appoint­ ment of Co111- shall during missioncrs.

or solicitor, directly or indirectly as a barrister tenure with any person so practising.

., any person duly entitled in any superior to practise court of the as a of this section- (3)For the purposes "barrister" means barrister-at-law or advocate Commonwealth.

means any person "solicitor" citor or law agent of any superior wealth.

who has been admitted as a soli­ court of the Common­ 13.
A Commissioner shall before entering of oath.

and the judicial Commis­ sioner's oath pre­ upon the duties his office take the oath of allegiance scribed by the Promissory Oaths Ordinance.

Cap.

70 14.

(1) For the purpose of this Ordinance, a court of special Land Court.

jurisdiction shall be establi shed for each district.

(2)Every such court shall be called a land court, and shall be a court of record .

.

(3)A Commissioner s1ttmg of a land court.

and shall have a seal.


shall be the presiding judge at every 15.

(1) A Commissioner relating this Ordinance made under , districts for which a Land Court is establis to land situated shall have jurisdiction or hed with powers ne in connection in all claims in the district to determi with such Jurisdiction and powers of Commis­ sioners.

that may need determination any questions claims.


(2)A Commissioner the Court in respect moning of and administering in a Land Court, of oaths to witnesses, the sum­ assesors, of procedure shall have all the powers of a judge of including land No.

18] THF LAWS OF BRITISH GUIANA [A.D. 1959 10 appraisers and other persons valuers, ence shall seem to him to be necessary, and records and the due and proper in the said court.
whose advice, assistance or evid­ the production adminstration of justice of instrumen and order ts Practice and pro­ cedure of the Land Court.

16.

(1) Practice lated by this Ordinance, provided.

and procedure in the Land Court shall be regu­ and by rules of court made as hereinafter (2)The Governor may appoint a committee con...­ sisting tising of one or more Commissioners, solicitor to make rules of court.
a practising barrist er and a prac­ (3)Rules of court shall be subject in Council operation until they have been so approved to the approval of the and published in who may amend them, and such rules shall not Governor come into the Gazette.

(4)Until rules are made under the provisions the Sumrr,ary of subsections Procedure) as may be necessary and so far Jurisdicti.on (Civil (l)and (2) of this section, Rules shall apply with such adaptations as the same can be applied to proceedings in the Land Court.
PART IV.-FIRST REGISTRATION A.Registration in Counc.

;il Areas O<,Signatlon of registration area by order.

17.

(1) The Governor in the order (hereinafter may by order designate in this Part referred any to as area of land defined 'the area') as a registration area.
(2)The Governor (1) of this section in Council under or by subsequent order- mav by any order made suhsection (a)make such supplemental sions as he may consider necessary effect to the order or for carrying it into effect; the fees to be paid in respect (b)prescribe of the first and consequential provi­ for giving full (3)The Governor registration of any land in the area.

in Council may amend or revoke any order made under this section.
(4)Every order made under this section shall be published once in each of three successive newspaper circulating have the same effect as if it were contained weeks in the Gazet,te and in a daily Guiana and upon such publication shall in the Ordinance.

in British (5)A copy of any order made under this section forwarded trar and the Commissioner to the Commissioner, of Lands and Mines.

the Registrar of the Court, shall be the Regis­ Commi�oner to give notice of tb& order.

18.
18.

(1) Upon receipt of the copy of the order the Commissioner shall forthwith ferred to as 'the notice')- prepare and publish a notice (hereafter in this Part re­ (a)requiring every person who claims land in the area under a document to any un­ registered of title to apply to the Commissioner said document; and to record the title A.D. 1959] LAND REGISTRY [No.
18 11 of title therefor purchase, devise, by inheritance, land in the area but who holds no (b)requmng every person who claims to have ad­ or in any other manner to any acquired title verse possession unregistered document sioner Ordinance; and every person who claims (c) requiring acquired title as aforesaid land in the area or to be the mortgagee share and who desires apply to the Commissioner title to any share for a declaration of any such of such land to for such partition; to apply to the Commis­ or to have in any and such appli­ the period within which all the partition of title thereto under this .
., (d)specifying cations (2)The Commissioner shall forthwith places shall be submitted.
in conspicuous cause copies of the Commissioner in all land registries and in the district of the administrative notice to be posted office of the District which the area is situate within notice such other steps as he considers shall forward a copy of the notice Registrar such district, to be posted and the Commissioner and in every post office and police and shall also cause not less than ten copies places within at conspicious necessary the area, and shall take to the Registrar of Lands and Mines.
to advertise the notice and of the Court, the within station of the 19.

(1) Where after the expiration of title in the Court for a declaration period any to land in the area are of the specified Actions pending in Court.

proceedings commenced or are pending, C.Ommissioner section 22. for determination as if it were an application made under the Court shall remit the matter to the of this section 31.
(2)The provisions shail cease to apply after the publication of the list referred to in section Registr;ir':, copy of the order the Registrar report on in the land registry m titles lh� area.

shall what titks if any are registered or in the Department of Lands and Mines in to shall submit of land in the area, and after such investigation 20.
Upon receipt investigate forthwith or in the Deeds Registry respec;t the Commissioner endorse a report on the titles of the to land in the area and shall a reference to the order.

on such titles of Lands and Mines shall cause such as may be pre­ Surveys am1 plan• or the area.

or cause to be endorsed 21.

The Commissioner surveys scribed and plans of the area to he made or supplied or as may be directed by the Commissioner.

22.
22.

(1) Upon publication of the notice (a)the Commissioner - of Lands and Mines shall apply of Crown or Colony land in the Applications for delcar :t­ tions or recording title.
of for the registration name of lhe Crown or Colony; (b)every person who claims title to any unregistered land in the area under a document recorded; apply to have the document ot titie shall (c)every person who claims title to any unregistered land in the area but who holds no document therefor thereto; of title shall apply for a declaration of title No.
18] THE LAWS OF BRITISH GUIANA [A.D. 1959 12 (d)every person who claims title to a share in any land in the area or to be the mortgagee share may apply to have the land partitioned.

of any such (2)Every such application the period specified missioner within or other evidence documents shall be lodged with the com­ in the notice together on in support of the with the application.

relied (3)The Commissioner application out of time upon such Hearing of app1icatic,ns.

23.
23.

(1) Upon the expiration may permit any person to make an conditions of the specified as he thinks period fit.

the Commis­ and shall applications shall fix the day and place for hearing sioner cause not less than thirty post to every applicant daily newspaper days notice thereof and by publication to be given by registered and in one in the Gazette in British (2)The Commissioner Guiana.
shall proceed circulating to hear and determine the applications which he may have adjourned upon the day appointed the hearing.

or upon any other day to Adjudication by Com­ missioner.

24.

The Commissioner shall determine who is entitled to each and every parcel of unregistered (a)record all documents land in the area and shall - of title to unregistered land (ii)that no other person is able to establish to the title of adverse the land by possession the claimant.
title to (b)make a declaration land in respect of un­ parcel of which he is satisfied of title to each registered that no person is the owner and entitled to posses­ under a document sion thereof to subject such interests as may have been admitted or proved therein to subsist in conformity or thereover; of title, (c)partition with the manner in which by the persons entitled ex­ or in any other manner he considers occupation to ensure its more beneficial it is being occupied thereto pedient any land in respect partition Provided such land between proportion the persons has been received that he shall so far as possible under section 22: divide in thereto entitled to their respective of title (d)make a declaration to any land in respect establish after due enquiry entitled title to his satisfaction to identify shares; in favour of which no person and he is unable any person as being of the Crown is able to of which an application for 25.
(1) The Commissioner thereto.

may- Further powers of the Com· missioner.

(a)adjust the boundaries of any land in the area or re­ allot the same to ensure the more beneficial occu- in respect (i)that the person claiming ownership under any of which he is satisfied - such document under or through document; is the person or derives title the person named in the A.D. 1959] LAND REGISTRY [No.
18 13 (c) make a declaration pation thereof division thereof; (b) make any reservations or to effect a more suitable sub­ necessary the purpose the better purposes of laying drainage connected for he considers out roads and paths or for of any land or for any other with the improvement of such right of way of neces­ sity over any land in the area in favour of any other land in the area as may to him the manner seem necessary which the right of way is to be exercised and in that a memorial of the such case he shall direct in the land registry or in right of way be entered or in both in respect of the che Deeds Registry dominant land and of the servient land; and just and may direct thereof; (d) award such compensation as may to him appear who has suffered of any adjustment or re-allotment just to any person the result of any land or the crea­ partition tion of any right of way and may make an order shall be directing paid; by whom such compensation loss of land as or the of boundaries (e) determine the proportion any partition ested therein shall be borne by the persons and make an order accordingly; in which the expenses inter­ of (f) make an order as to costs not exceeding fifty dollars.
(2) Any order for the payment the propriet costs made against land which to the Crown and shall be enforceable ment of the Court.
or of any land shall create over all debts whatever debts due in the same manner as a judg­ shall be preferent a lien on such except of compensation expenses or (3) On re-alloting or on making any reservation land or adjusting the Commissioner- the boundaries thereof (a) may cancel and effect thereto; or amend any document of title to give (b) shall in the case of a partition of title in respect declarations of title 26.

If the Commissioner Rights ot absent per­ sons safe­ guarded.
as if that person had duly made an application, therefor.

who has is satisfied to any unregistered that any person all documents cancel of the land partitioned and issue is entitled land in the area not made an application he may proceed in such case the person the Commissioner missioner such document 27. of title.
The Commissioner is entitled to the land under may call upon the Registrar and if of title a document of Deeds or the Com­ copy of of Lands and Mines to supply him with a certified shall give effect to the followin g provisions- (a) all waste, forest deemed to be the property is proved; contrary and unoccupied land shall be of the Crown until the Provisions as to occu .. pation of land.

No.

18] THE LAWS OF BRITISH GUIANA [A.O.


1959 14 (b)the exercise by any person of rights in or over one of land shall not be or more portions or pieces taken as a presumption in his favour of any rights in or over any greater than that in or over which such exercised.

of ownership extent of land rights were Declaration of absolute title.

28.

If the Commissioner of the land the subject or by any person holding to maintain session himself entitled son claiming declaration of absolute and defend title.
of the application under him such possession is satisfied that a claimant is in pos- or any part thereof by and that he would be against any other per­ shall be a his declaration the same or any part thereof, Declaration of provisional title.

is satisfied has been in possession that a claimant or any of the land for that the claimant would be ion against any person claim­ date or under a speci­ a specified through to maintain his possess arising before 29.
If the Commissioner person whom he claims not less than five years but is not satisfied entitled and defend ing a right or interest fied instrument Commissioner having to the possibility and to recover possession thereof of title, but such declaration and the Commissioner shall specify tion to which the title is to be subject.

30.
The Commissioner a reference to the history therein thereon regard by endorsing referred to therein or which can be otherwise particularly of the title described, to the land the and of any other person being able thereto to establish title may nevertheless make a declaration of provisional title, shall be a declaration the nature of the qualifica­ shall record each of title to the parcel-number of the land document and preparing (a)the reference a statement number and date of the document showing - as filed in the Deeds Registry; (b)the parcel-number of the land referred to therein; and (c)the name and address of the person entitled under the document.
shall cause a list of all declarations in the Gazette and in Guiana and to be otherwise 31.

(1) The Commissioner circulating and records one daily advertised made by him to be published of title newspaper in such manner as may be prescribed.

shall thereupon (2)The Commissioner all declarations of title Registrar with the documents 32.

Subject and records of produced as hereinafter to him.
provided, in British transmit to the title made by him together shall register upon receipt of any of the person the title as proprietor of the land in accordance declaration of title named in the declaration therewith.

the Registrar Recording of documents of title by tbe Com­ missioner.

Publication of declara­ tions and records of title.

Registration of declara­ tions of title.

Recording of documents of title by the Registrar.

33.
33.

(1) Subject and document in the register a reference record opening therein as hereinafter of title a folio in respect to the document upon receipt of any the same by and entering and shall record of the parcel as filed in the Deeds Registry the Registrar provided, A.D. 1959] LAND REGISTRY [No.

18 15 endorsing provision tered land.


thereon of this Ordinance the words "not registered" and notwithstanding such land shall for all purposes any be unregis­ (2)Where under the provisions sioner the amendment document has amended any document of title upon the document filed in the Deeds Registry have full force and effect as amended.

shall record and the of section the Registrar 25 the Commis­ shall thereafter (3)The Registrar shall thereupon return the document of title to the person entitled thereto.
(4)Where a folio has been opened in respect of any parcel "not registered", on every subsisting with the endorsement shall be entered sequent as of record of title document folio of the parcel affecting in the Deeds Registry, document the p�rcel and notice shall be given to the Registrar who a reference of title and registered of every such subsequent shall enter in the document of title a reference and on every rnb­ thereto.
and filed to the parcel-number in respect section Ordinance (5)Nothing of which a document in this section of title to prevent has been recorded shall operate from being subsequently brought under the operation under any other provision thereof.

any land under this of this 34.

(1) Any person aggrieved may appeal therefrom Commissioner eight days from the date of the Gazette and records appear.

of title or affected by a decision to the Full Court within of the twenty­ Appeals.
in which the list of declaratiom; (2)The Full Court shall have all the powers and duties with the power to receive evidence of further the Commissioner on any question of fact.

35.

No declaration together or document of title shall be registered or record�d by t�e Registrar aforesaid, appeal until the expiration or, m cases where an appeal has been brought, until such has been withdrawn, of twenty-eight days as 36.
If an appeal is allowed, or record court shall make or such other order as the case may abandoned or dismissed.

the appellate such declaration require, and the Registrar judgment to the Registrar declaration of title or document of title of such Court shall transmit who shall thereupon register a copy of the or record the Order where appeal al­ lowed.

as the case may be.

No registra­ tion or record of title pend­ ing appeal.

37.
37.

(1) The Commissioner B.Areas other than Registration Areas of Lands and Mines may apply to for the registration of any land in the name of the Crown the Registrar or of the Colony.

_ (2)The Governor may in lieu of making a grant of any un- registered Crown land issue directions and Mines to apply for the registration grantee as proprietor of the land.

of Lands to the Commissioner of the title of the proposed First regis• tration of Crown and Colony lands and of Crown grants.
(3)In applying such land, the Commissioner Registrar- to the Registrar for the registration of Lands and Mines shall furnish of any to the No.

18] THE LAWS OF BRITISH GUIANA [A.O.

1959 16 (a)a statement that the land is the property of the Crown or of the Colony together title thereto; with any existing (b)a statement of any interests known to subsist in or over the land or which it is desired the register; to show upon (c)a recorded ( 4)On receiving plan of the land.
to be published cause a notice thereof Guiana.

in British newspaper title circulating (5)Any person claiming to be in possession of any land, in respect to or interest in any land, or of which such appli­ any such application in the Gazette the Registrar and in one daily shall has been made may within three months of the date of the first in which the advertisement lodge with the Regis­ appears claiming cation Gazette trar a notice of objection.
(6)If on the expiration of objection of the said period of three months the Registrar has been received, shall register grantee as proprietor the of the !

::ind no notice Crown or the Colony or the proposed subject as aforesaid.
to any interests (7)If any notice the application unless and plan together who shall thereupon to him by the Registrar proceed of objection is received, the Registrar the application, statements shall is withdrawn transmit of objection with the notice to the Commissiorier as if an application has been transmitted , under the next land but who holds no document section.
following to be the owner or in possession of title therefor for a declaration of title to the said shall be lodged with the Registrar (a)the documents or other evidence relied on in sup­ port of the application; 1 such particulars as may be (b)an affidavit containing and prescribed; or plan of the land.
from a person ( c)a diagram (3) An application share of unregistered of an land shall not be proceeded claiming ownership of the remaining claiming ownership join in the application in the declaration undivided the persons therein cluded such land partitioned share thereof divided such land thereof, powers conferred should be partitioned the Commissioner on him by section so that the entirety but any such person and for a declaration of title and if the Commissioner 25 in respect of title, to ensure may partition the more beneficial the same and shall have all the may apply to have of his in respect \· that is of the opinion occupation with unless shares undivided of the land can be in­ thereof.
( 4)The Registrar shall investigate whether in the land registry title to the land or in the Deeds has at any time been registered Registry vestigation ments, or in the Department and plan together shall transmit affidavit of Lands and Mines and after such in­ to the Commissioner with a report the application, on the title.

docu­ Application for cleclara- 1ion of till6.

38.

(1) Any person who claims of any unregistered may apply to the Commissioner land.

(2)Such application with- together A.O.


1959) LAND REGISTRY [No.

18.

17 of the Commissioner shall Hearing applications 39.
(1) Upon receipt of an application and shall cause not less than thirty days notice and in a daily news­ in British as the holder in the Gazette to be given by publication fix a day for hearing thereof paper circulating tered post to the applicant, Registrar of a document pants if any of the land and to the proprietors session under this section or claiming seven days before the Commissioner the date fixed for hearing rplication a counter-a (2)Any person claiming of any land in respect of title or notice or to be in pos­ to be the owner of which a declaration of title any interest therein may, to the application, not less than submit is sought Guiana and shall also give notice to any person named by regis­ in the report of the to the land, to the occu­ of adjoining lands.
of objection.

(3)A counter-application or notice the leave of the Commissioner terms as the Commissioner the determination before may determine, of the application.

of subsection (4)The provisions may, with of objection given in such circumstances and on such at any time be submitted (3) of the last preceding section shall apply to counter-applications.
( 5)The Commissioner shall proceed to hear the application or upon any and counter-application other day to which he may have adjourned (6)An application if any upon the day appointed the hearing.

drawn at any time before Where any application decide subsection the Commissioner has been withdrawn, any counter-application ( 1) of the last preceding (7)The Commissioner section.

or counter-application has delivered may be with­ the Commissioner his decision.
shall made under as if it were an application further may adjourn the hearing for investigation, evidence time to elapse allow further or advertisement of any party.

of the hearing in favour or for a plan to 40.

(1) Upon the conclusion be made or to Decisioo the Commissioner Commi5- .

:iioner.
:iioner.

of may- (a)issue a declaration of title of the appli­ in respect cant or of any counter-applicant of the land or of any part thereof to such interests as may have been admitted thereover; or proved to subsist in favour subject (b)dismiss (c)make any order as to costs not exceeding or any counter-application; fifty the application dollars.
declaration title in accordance (2)Subject to the provisions made under this section with the provisions of the next may be of absolute 28 and 29. of sections as hereinafter provided, in any case in which the section a or of provisional succeeding 41.
(1) Subject Commissioner title, tion of provisional under section he may make a declaration (2)Before making such a declaration would be required shall give notice daily newspaper persons declaration by advertisement circulating in the Gazette Guiana, as he may cons�der necessary, and by service to ma�e .

a o!

h�s in:tention _ w1thm 1s subnutted an ob1ect1on of absolute in British title unless on such Declaration of absohste 29 to make a declara­ title in the case of doubtful title.
of absolute the Commissioner and in at least one titles No.

18] THE LAWS OF BRITISH GUIANA [A.D. 1959 18 being not less than one month nor such time as may be appointed, more than twelve months from the date of such advertisement.

makes a declaration of (3)If thereafter title, he may direct absolute shall as a condition of Assurance necessary the Commissioner that the person registration Fund such additional and just.
with an absolute contribution title pay as he may consider it is made to the in whose favour Publication of declara� uons of title and procedure thereafter.

shall cause a notice to be published sioner one daily newspaper 42.

(1) On the making of any declaration thereof circulating (2)The Commissioner tion of title to the Registrar, 32 to 36, so far as they are applicable apply, commence appears.
from the date of the Gazette to in subsection and thereafter shall thereupon and the period in British referred transmit the provisions to declarations of title, the declara­ of sections shall 34 shall notice (1) of section in which the aforesaid of title, in the Gazette and in the Commis­ Guiana.

f<irst regis­ tration by transport.

Cap.

32 43.

(1) Subject to the provisions ance land held under a document operation as registered of this Ordinance proprietor.
by passing of title of the Deeds Registry under the to any person transport thereof may be brought Ordin­ Cap.

32 has been made for the sale and purchase require the vendor shall thereupon (2)Where an agreement of any unregistered to pass transport pass transport may pass transport (3)Any person the vendor as registered proprietor respect of such transport.
of any land to himself and in such case no duty shall be payable in land by transport, the purchaser to him as registered proprietor may and accordingly.
(4)Any transport passed in accordance with the provisions shall be passed in the same manner and subject to the as transports passed under the Deeds Registry Ordi­ of this section same conditions nance save and except- (a)that in the vendors every advertisement feree shall be described words "as registered visions of the Land Registry se and in the trans­ of the instructions to adverti and in the transport by the addition under the pro­ Ordinance, 1959"; and shall be regis­ with the provisions the transport proprietor of this and not of the Deeds Registry Ordi­ (b)that upon being passed tered in accordance Ordinance nance.
(5)No transport the Registrar unless to sign under section required the land is not already and unless of the land sought shall be passed has certified the provisions registered passing to be registered.

the transport the person under the provisions of this in the certificate which he is under the provisions of the Deeds Registry Rules that of this Ordinance is the owner of the entirety First regis­ tration upon order of Court.
44.Where by any judgment appeal land or has declared has awarded that any person or otherwise, to any person or order the Court, whether title to to such land, the Regis- is entitled any unregistered on A.D. 1959] LAND REGISTRY .

[No.

18 19 trar of the Court shall judgment or order, of such person transmit and the Registrar as the proprietor thereof.

to the Registrar shall thereupon a copy of the said register the title as the proprietor of sale the costs of registering 45.
Upon the sale in execution shall deduct from the proceeds of the purchaser money has been paid sale transport marshal the title purchase judicial of the title together with the Registrar chaser accordingly.

of the purchaser as proprietor with the costs of registration of any unregistered First reiis­ tration lieu of judicial sale trans­ in lieu of passing a port.

for the registration of the land.

Such application, shall be lodged by the marshal in full, shall execute who shall thereupon of the land.
So soon as the an application the title of the pur­ the marshal register land, the in 46.

Where in accordance land hereafter with the provisions of any ordi- becomes nance any unregistered in the Colony or in any person, required cate or other document who shall thereupon with the Registrar shall be deposited title of the Crown, Colony or person as the proprietor vested.
vested the plans of such land and any certifi­ by any such ordinance to be deposited register in the Crown or of the land so the First regis­ tration vesting under ,ui ordinance.

upon 4 7.
upon 4 7.

Where any unregistered re-allotted under the provisions the officer appointed Ordinance, allotment under that Ordinance of the persons the titles shall thereupon Registrar for registration to whom the land has been allotted, and the register First regl.­ land has been partitioned upon tration Lands Partition partition or re-allotment.

in Council Cap.

173 of shall apply to the Registrar of the District accordingly.

by the Governor or and Re­ the titles C.General 48.
Upon the first registration of any land - (a)any subsisting documents of title filed as of record Endorsement of documents filed as of record.
of or in the Department to the land shall be in the Deeds Registry Lands and Mines and referring endorsed registered and with a reference which the land has been registered; or to with a statement that the land has been under the provisions of this to the parcel-number Ordinance under (b)all documents the Registrar which they refer shall be marked "cancelled" retained of title to the land to and produced as evidence to the Commissioner in the land registry.

and 49.
and 49.

(1) Any person claiming existence of which is referred title subject to which the land was possible title, may apply to the Commissioner in accordance copy of such application (2)If on the hearing with the provisions on the registered ownership registered, to in a declaration for a declaration of any land under any or of provisional First rcgio­ tration with absolute title adverse to provisional tille.

or the existence of absolute title of this Ordinance, but shall serve a proprietor.
of the application the Commissioner is satisfied that the applicant title entitled to recover and that, but for the certificate possession thereof of provisional title, from the registered is the owner of the land under the aforesaid proprietor, he would be the No.

18] THF.

LAWS OF BRITISH GUIANA [A.D. 1959 20 Commissioner applicant and that the certificate or rectification.
shall make a declaration in favour and an order that the provisional title be cancelled of absolute title of the of provisional title be called or rectified in for cancellation Form ol re�istcr.

50.

The register shall be in such form as may be prescribed.

PART V -THE REGISTER Index plan �nd blocks.

51.

(1) An index map shall be kept showing the boundaries of all registered land.

Firot entry in reei5ter.

.. No registr ,ion except by plan.


(2)For the purposes of the index map British Guiana shall into areas to be known as "blocks" and every block shall be divided be given a reference number.

(3)The parcels in each block shall be numbered consecu­ of the block and parcel and the numbers tively parcel-number and shall be a sufficient 52.
Upon the first registration reference of any parcel this Ordinance, shall be the register memorial land comprised operation of the title shall open in the register the Registrar of that parcel in respect of the proprietor of land under a folio which and shall enter thereon shall thereupon and the parcel-number and the become subject to the in that parcel a shall together be the to any parcel.

of this Ordinance.

53.
The Registrar shall not bring under the provisions this Ordinance any land whether an order of the Court or of the Commissioner or partition he register land, unless plan: any interest, sub-division it is delineated on and defined or identified pursuant in or of registered by a recorded of to a declaration of title or nor shall or otherwise Provided that if such land, interest, sub-division or partition is de­ lineated recorded or identifies may register to such conditions on and defined or identified plan which in the opinion by a diagram of the Registrar or plan other than a the same to enable the same in accordance it to be located with such diagram by survey, or plan subject sufficiently defines the Registrar as may be prescribed.
Entry of memorials in regis�r.

a memorial of - 54.

(1) The Registrar shall enter upon the register of each parcel (a)all subsisting interests ject at the time when it is brought under operation preserve of this Ordinance thereof; the priorities is sub­ to which that parcel the in such manner as to (b)every instrument affecting dealing or other matter by this Ordinance to which is required that parcel be registered.

entered (2)Every memorial in the register shall be in such form as may be prescribed.
Provisions as to instruments.

55.

(1) Every instrument presented for registration - (a)shall be in such form as may be prescribed; A.D. 1959] LAND REGISTRY [No.

18 21 (b)shall be executed thereto tion by any particular the Registrar by every person who is a party that execu­ and party is unnecessary; of transfer considers in the case of an instrument (c)shall except unless and the signature shall be attested of land be in duplicate, or mark of every person executing manner.
in the prescribed the instrument (2)An instrument including unregistered land, matter affecting unregiste red land.
may affect more than one parcel but no memorial of land shall be made of any (3)Where an instrument affects land in more than one dis­ of each district the registrar trict, for registration copy of the instrument an executed district may require certified copy has already to whom the instrument for filing in his office of a the presentation is presented as a true copy by the registrar in whose been filed.

56.
56.

Every instrument for registration Endorsement of instru­ in such manner as to record the order in which instruments ments.

presented shall be endorsed are presented for registration.

57.

(1) Every instrument, dealing land shall when registered Registration or other matter affecting of instru­ be deemed to have been registered ments.

any registered so soon as it was presented entering of the memorial (2)Instruments notwithstanding shall, in priority entitled which they are presented itself.
of each instrument for registration, may have been delayed.

with respect registered any rule of law or equity the one over the other according for registration and not according to the order in to the date to the same interest to the contrary, be notwithstanding that the (3)Where an infant as the proprietor the age of such infant or the nature or a person under any other disability of any land the Registrar shall endorse of the disability so is registered on the register far as is known to him.

58.
58.

(1) On registration of any instrument shail file the Registrar the other and shall deliver Filing of instruments.

the same or if in duplicate if any to the person presenting one part thereof the same for registration.

(2)Where there is any conflict filed in the registry and the part delivered between fur registration, the part of any in­ as aforesaid the first mentioned to the strument instrument person presenting the part shall prevail.

59.
59.

The Registrar shall not register in the mauncr herein (a)except (b)unless the instrument any instrument provided; is in accordance with the - I nstrumenta not to be reiistered.

provisions hereof; (c)unless the prescribed in cases where the instrument duty has been to stamp duty, the ment purports registration error in this respect; fee if any has been paid or, to duty or paid or the instru­ but no by reason of any to have been duly stamped; shall be invalidated is liable No.
18] THE LAWS OF BRITISH GUIANA [A.D. 1959 22 Rectificotion of register by Registrar.

(d)unless the instrument is presented for registration or by his attorney or by a or solicitor.

by a party thereto barrister matters the interest 60.
(1) In formal and in the case of errors of proprietors the Registrar affecting of all persons not materially the consent the Deputy Registrar any such case and shall affix the date on which such correction or entry under this section interested, shall have power to rectify (2)Every correction he shall not erase or render or entry was made.
shall have the register, but in entry the original and in any case with illegible or in his absence or omissions the like validity but without Register omitted before entry.

and effect as if the error or omission had not occurred, prejudicing the actual accrued time of correcting from any entry made in the the the error or supplying any rights Rectification of register by Court.

61.
Rectification in such manner as the Court thinks of the register may be ordered by the Court fit - (a)where the Court is satisfied as proprietor any error or omission any person through entry procured of land has been obtained of any or by reason by fraud or made under a mistake; that the registration of of any error or (b)in any other case where by reason in the register of any entry by fraud or made under a mistake omission procured Court deems it just to rectify the the register: or by reason Provided that as against a proprietor bona fide for value the Court shall not rectify proprietor ally contributed is privy to the fraud or mistake by his act, neglect thereto who has acquired the land such the register unless or has caused or substanti­ or default.
with the provisions of this Ordi- 62.

Except in accordance to registered nance no title land shall be cancelled or rectified.

Titles be cancelled.

not to Approved plans.

63.

Subject to the payment of such fees as may be prescribed, of any land may at any time apply to the Commissioner the proprietor of Lands and Mines to approve precise position of the boundaries Lands and Mines may, after the survey such plan and certify approve the application of the proprietor any plan of a survey of the land.
The Commissioner as defining the of and plan have been checked, accordingly, enter in the register and the Registrar a memorial shall upon thereof.

lnstmmcnts ineffectual until registered.

PART VI - TITLE OF REGISTERED instrument land, but upon registration 64.
(1) No unregistered shall be effectual to pass any of an instrument PROPRIETORS shall pass, or the land shall become liable to such of money, as the as the case may be, subject in registered therein specified for the payment interest interest security terms and conditions of taking declared effect and subject to be implied (2)Nothing as are set forth in the instrument and are capable to such terms and conditions as are by law in instruments in this section of a like nature.
shall be construed as preventing any unregistered instrument from operating as a contract.

AD.

1959] LAND REGISTRY [No.

18 23 65.

(1) Subject as hereinafter shall be absolute or affected tered proprietor not be impeached person of any interest otherwise) or to have priority irregularity in the applicat derived which but for this Ordinance (whether or by reason or on account ion or proceedings provided, and indefeasible in any way by the existence Nature of title.
and accordingly of every regis­ shall in any other the title by grant from the Crown or might be held to be paramount of any informality or - for registration except (a)in the case of fraud; (b)as regards any portion of land erroneously in­ cluded in any parcel aries, unless such proprietor purchaser such a purchaser; for value or derived title is a bona fide from or through by misdescription of bound­ (c)as otherwise specified in the register or provided in this Ordinance.
(2) In this Part "prior title" means the title the person, or the title of any registered proprietor through who was registered upon that land being first brought nance, title" the first registration and "conflicting of any prior title means any title which is derived as the proprietor of the person, under or of any land of this Ordi­ under the operation which was registered after and in conflict therewith.
except­ title over a conflicting pursuant was registered (3) A prior title shall prevail (a) where the conflicting title to a declaration of title the Commissioner; or (b)where the holder made by the Court or by son under or through has been in to the holder more· or actual title of the conflicting or any per­ whom he derived that title possession of the land adverse for twelve years or of the prior title (c)wher� any holder of the prior title is proved to of the intended have had actual notice registration taken no steps either thereof the registration thereof cancelled; of the conflicting to prevent one year of such notice or the registration title and to have or within or actual to have (d)where the Court is of opinion that it would cause of the prior for the registration undue hardship title to prevail, and in all such cases the conflicting title 66.
Every proprietor shall prevail.

registered to - with an absolute title shall Absolute titlE.

registered or entered in the register; bold the registered land subject (a)any interests (b)any public (c)any charge right of way or easement; on or over land created ns of any other ordinance provisio to registration unpaid rates, due and owing to the Crown or to the Colony or to any statutory authority; without by the express reference under this Ordinance to any secure moneys taxes, assessments or other No.
18] THE LAWS OF BRITISH GUIANA [A.D. 1959 24 Provisional title.

of Conversion provisional into absolute title.

(d)such interests Ordinance subsist being entered privileges in the register, and appurtenances as may under the provisions over registered land without of this but with all rights, ant to such land and free from all other rights including and interests of Her Majesty, rights or appurten­ belonging and interests her heirs and successors.
with a provisional title any person whatsoever as against 67.
Every proprietor registered claiming date or under a specified shall any right hold the registered land except or interest therein arising instrument or otherwise registration of a proprietor effect as the registration registration enforcement with a provisional of any right or interest a specified particularly of a proprietor title with a provisional described in the register, and the title shall have the same title save that shall not affect or prejudice with an absolute to be excepted.
before the stated registered in the register with a provisional 68.

(1) Any proprietor person may at any time apply to the Commissioner or to have the proprietor of this Ordinance in the case of first registration with an absolute title and to an application in an area other than registered relating interested registered all the provisions declaration of title a registration the Commissioner to cause the application that it shall not be obligatory to be advertised.
of any such application the Commis­ title is that the qualification to which the provisional to be of effect or that it is a case in which a declara­ (2)If at the hearing area shall apply except for a on is satisfied has ceased sioner subject tion of absolute title of section of the applicant think fit or as is required 41, the Commissioner with absolute title by that section.
after such advertisement as he may may be made in accordance with the provisions shall make an order for the registration ( 3)On the making of any such order or upon the expiration of years from the date of first registration twelve the Registrar words "provisional title" and the title proprietor title.

or taking become an absolute or dealing shall on the application from the register 69.
(1) A person shall thereupon contracting of any interested with a provisional title, party strike the of the registered or proposing of registered land shall neither be required title or any to he Protection r,f person dealing in registered land.
to take a transfer nor be concerned in respect in any manner to - (a)inquire or ascertain the circumstances in or under which or the consideration for which the registered proprietor proprietor of the land in question or any previous registered is or was registered; of the purchase money or (b)see to the application thereof; (c)give effect to, nor be affected any part in any way by, any or thing, of any instrument, fact whether or not under the Deeds Registry Ordin­ notice registered ance or under any other ordinance, right or interest, unregistered by caveat, notwithstanding.
or of any trust, or unprotected to the contrary any rule of law or equity C'ap, 32 A.D. 1959] LAND REGISTRY [No.

18 25 of the existence to such person, but knowledge of any instru­ granted (2)The protection a person who :is privy to or has notice transfer ment, fact or thing, as aforesaid, ance or investi of itself to search gate any of the matters trust, or omission be imputed as fraud.
right or interest, a register unregistered or unprotected not kep t under this Ordin­ hereinbefore shall not mentioned, by this section shall not apply to of any fraud relating to the· 70.

(l) Save as hereinafter action provided no in suit or proceeding for the of ejectment Aetion, of ejectnu1nt.
of such land shall lie or be sustained against the in relation of registered land or other action or other interests respect recovery except proprietor leases ance or of an order of the Commissioner the production law to be an absolute bar and estoppel law or equity of the certificate to the contrary registered of title to the enforcement 49, and shall be held in every court of any rule of to any such action, notwithstanding.
against of mortgages, of this Ordin­ under the provisions may be brought (2)An action made under section registered charges, for value nor deriving a registered title from or proprietor not being a bona fide transferee such a transferee through by - (a)a person deprived of any land by or through or of any prior whom he proprietor from or through fraud of the registered registered derived feree for value; proprietor title otherwise than as a bona fide trans­ th:: (b)a person deprived included erroneously tion of boundaries: of or claiming in any parcel any land by misdescrip­ Provided law relating that the claim of such person is not then barred by any to limitation.
(3)Subject against be brought title.

to the provisions of section 65, an action may the registered proprietor of any prior or conflicting PART VII - CERTIFICATE OF TITLE proprietor first schedule in this Ordinance shall not be issued 71.

The Registrar shall if requested of title of any land a certificate as the case may require, issue to the registered Certificate of title.
First ,cheduJo in form A(l) or A(2) of the as otherwise provided and except a second certificate or in any rules made thereunder of the same land.

in respect 72 Where a certificate of title edi it s a I, un ess t e Registrar · · h I l h prec ng sect10n its production, dealing with the land to which it r�lates registration be produced shall be made thereon.

73.
73.

If a certificate of title to the Registrar has been issued dispenses on the registration under the last Production of certifi- in writing of any and an endorsement of such with cate.

is lost or destroyed, l.ost or destroyed for the issue of a new certificate certificates.

the registered may apply to the Registrar to satisfy may require the proprietor and shall produce evidence destruction.
declaration i.tatutory that it has not been deposited applicant bas been lost or destroyed with any person by way of security that the certificate The Registrar the Registrar and for of such loss or to make 1.

No.

18) THE LAWS OF BRITISH GUIANA [A.D. 1959 2C> a loan or for any other purpose.

evidence publication if satisfied with the and after the of the certificate, fit, may issue a new certificate.

of the loss or destruction The Registrar, of such notice as he thinks Replacement of certifi­ cates.
7 4.

Where any certificate of title rendered or otherwise or damaged endorsements thereon, soiled for further discretion certificate title so replaced.

and at the expense of title in lieu thereof illegible, the Registrar of the registered and shall destroy has been mutilated or there is no space may in his absolute issue a new of the certificate proprietor or is Admissibility of certifi­ c�lles.

75.

Every certificate under the provisions the several matters therein of section contained.
of title and every certificate issued evidence of 141 shall be conclusive PART VIII - TRANSFERS Form and effect of tr:msfer.

First :-.chedule frausfer of" mortgaged or chari:OLI !

:tn<l.

76.
:tn<l.

76.

(1) The proprietor of any registered land may transfer same by an instrument upon registration therein pass to and be vested set forth together of transfer of such instrument in Form B of the first the interest of the transferor schedule, with a 11 his rights, powers and remedies shall (2)Every transfer is an infant or shall be in the transferee shall be signed or person of accompanied as proprietor thereof.
by the transferee mind, by his guardian unsound by a statement as afore­ signed or, where the transferee or committee, tlie effect said to that the transferee accepts the transfer: the and as Provided that, except mind, the Registrar statement if he is satisfied 77.

(1) A transfer may accept and register that the transferee of land subject a transfer has accepted to a registered in the case of an infant such without the transfer.
shall mortgage and the consent unless not be registered thereto of the mortgagee it is executed has been filed in the land registry.
by the transferee or person of unsound of a transf::::r (2)On registration become liable gage or charge the transferee shall and to perform to perform demnify respect the mortgagor obligations, and observe and keep harmless of such moneys, the obligations secured the terms and conditions by the mortgage to pay the moneys or charge and and to in­ thereof of land subject to a mort­ or grantor of the charge in terms and land may be transferred of transfer subject in Form B of the first schedule conditions.
to a life- interest, modified by an instrument as the circumstances 19.

(1) If it is claimed may require.


- (a)that land has been sold by the registered proprietor and the whole of the purchase money paid; and or any person claiming under (b)that the purchaser under such and taken possession him has entered and such entry and possession have been purchase or his repre­ in by the said proprietor acquiesced sentatives; but (c)that a transfer cannot be obtained prietor is dead or under a disability as the said pro­ or not in British Life interests.

78.
78.

Registered Proof of purchase before Commis- 1.ionar.

A.D. 1959] LAND REGISTRY [No.

18 27 Guiana or cannot be found or that for any reason it is impracticable to obtain time, reasonable his signature a within to be the purchaser then the person claiming under him may apply to the Commissioner prietor of the land.
or any person claiming as the pro­ to be registered the provisions applicable (2)Where an application has been made under this section, of sections 39, 40 and 42 shall apply so far as they are and with such adaptations (3)Upon the registration proprietor thereof shall pass to the claimant.

as may be necessary.

of the title of the claimant, the in the same manner as if he a transfer of the previous title had executed PART IX - MORTGAGES AND CHARGES 80.
(1) The proprietor (a)mortgage of any registered the same by an instrument land may - of mortgage Form of mortgage and 1.:harge.

First schedule.

(2)There may be included charge such terms and conditions in Form C of the first (b)charge the same to secure or schedule; the payment or other periodical sum by an in­ of a rent­ charge, strument annuity of charge as the parties in Form D of the first schedule.

in any instrument think fit.


provided expressly in every mortgage - terms and conditions in the instrument in registered of under this of mortgage or 81.

Save as otherwise mortgage, Ordinance the there shall be implied following (a)that the mortgagor ConLiition.

:, Implied mortiai:es.
First schedule will pay the principal on the day mentioned therein and will so long as the principal thereof so much thereof paid at the rate and on the days and therein therein money or any part thereon unpaid pay interest as for the time being remains un­ appointed specified; in the manner remains money or on (b)that the mortgagor any in writ­ consent on the land, save with the will not remove or demolish building ing of the mortgagee; (c)that the mortgagor all buildings have been or are erected will repair and keep in repair or other improvements or made upon the land; which with or without or surveyors (d)that the mortgagee other persons mortgage the state of repair ments; may at all reasonable times until the enter upon the land to view is discharged of such buildings or improve­ (e)that the mortgagor will insure and keep insured loss or damage by all upon the land against buildings fire with insurers full value thereof signed to the mortgagee mortgage; approved and such insurance by the mortgagee to the shall be as­ for the by way of security (f)that the mortgagor will pay all rates and taxes levied upon the land; No.
18J THE LAWS OF BRITISH GUIANA [A.D. 1959 28 (g)that the mortgagor any easement thereover without will not sell or lease the land the con­ or create sent in writing of the mortgagee.

of V�rl•tlon mortgages and char2es.

82.


The terms and conditions by the registration of a memorandum or charge may of variation of any mortgage executed by be varied the parties thereto, holder thereto of any subsequent in writing on the memorandum but no such variation shall affect the rights of the mortgage or charge unless he has consented Po:stpone­ rncnt of prior mort11aees and charees.

83. or charge orandum the prior charge.


registered of postponeme1't A mortgage or charge subsequently thereto to any mortgage of a mem­ by the registration of or holder by the prior mortgagee executed of variation.

may be postponed Di�chargc mortgnge1 and charge• of Payment to credit of Jbse,1t mon- 11a1ec.

84.
84.

Upon the production of a memorandum signed by the or holder of the charge discharging mortgagee from the whole or part of the moneys secured, a memorial described for such moneys or such part thereof.

85.
(1) Where a mortgagee to that effect and thereupon in such memorandum sha11 cease to be subject the land or the portion of land to or liable is dead or under a disability or not the land or part thereof the Registrar shall enter Guiana or cannot be found and there is no person authorised for any sum due under the mortgage, supported in British to give a receipt may, upon the application as the Registrar the said sum, and upon such payment mortgage the mortgagor any interest on the said sum shall cease to run or accrue.
(2)Any sum paid as aforesaid and the Registrar of the mortgagor may require, authorise the mortgagee, with any interest together person for the time being entitled accrued thereon thereto.

shall be held to the credit of of the Court shall pay the same to the mortgagee or other the Registrar by such proof to pay into Court payable under the of Discharge mortgage or charge by Regi•trar on proof, of the Registrar - 26.
Upon proof to the satisfaction have been (a)that all moneys due under any mortgage paid to the mortgagee or to his or credit; (b)that there has occurred upon which in accordance any charge the moneys thereby payable, of the charge, shall enter a memorial the event or circumstance with the provisions of cease to be secured and that no moneys are owing in respect the Registrar mortgage such mortgage or charge.
or charge, and the land shall thereupon discharging the land from such cease to be subject to of Creation lien by deposit certificate.

First schedule of 87.

(1) Any person with whom the certificate with the intention and thereupon land has been deposited may give to the Registrar registered thereover of the first schedule, of the same and shall make a corresponding certificate of title.
(2)Any person who has given notice in writing and endorsement the same by notice the memorial time withdraw thereupon cancel the Registrar notice thereof.

of such deposit in Form E of deposit may at any shall enter a memorial upon the endorsement shall and the Registrar of title of any a lien of creating AD.

1959] LAND REGISTRY [No.


18 29 (3)Where a memorial no dealing of a notice of deposit certificate in the land to which the until such memorial of the person who gave the notice of title has been cancelled the unless to is produced entered, shall be registered consent in writing the Registrar.

has been relates 88.


The provisions of any ordinance or rule of court or of Etnforcement to the enforcement of any mortgage mutandis to the enforcement of a mortgage or charge shall or charge on o mortgages and charges.

.

.

practice relatmg apply nzutatis registered land.

PART X -LEASES 89.

( l) The proprietor of registered land may lease the same Leases.

three years by an instrument of lease in Form First schedule for any term exceeding F of the first schedule.
(2)A lease for a term of three years or less executed in the form may be registered, prescribed and effect notwithstanding 90.

(1) Save as otherwise but such lease shall be of full force that it has not been registered.

provided expressly in every lease registered il'l the instrument under this implied in leases.
Conditions of lease, Ordinance there shall be implied the following terms and conditions - (a)that the lessee will pay the rent reserved by the lease at the times therein mentioned; (b) that the lessor may be payable in respect of the continuance of the lease; will pay all rates and taxes which the premises during (c) that save in the case of premises ings for human habitation the lessee in good yield up the pair, accidents tempest ( d)that the lessor will keep and re­ and damage from storm and wear and tear excepted; during and reasonable premises as dwell­ leased and tenantable the lessee premises enter two days previous notice, or his agents time of the day, upon may by himself the term at any reasonable giving upon the thereof writing sonable any terms or conditions implied in and may serve on the lessee a rea­ him within of any defect with in accordance time to repair the same or expressed behalf and view the state of repair a notice requiring in the lease; in that (e)that in default according time enter the premises pairs; to notice of the lessee repairing may from time to re­ the lessor and effect the required any defect may by himself at all or his agents times during the term, with workmen and all necessary materials and (f) that the lessor reasonable and other persons appliances, thereof visions of any notices for the purpose of any legislation enter upon the premises of complying or any part with the pro­ premises affecting the or the lessee on the lessor served and by ·., No.
18) THE LAWS OF BRITISH GUIANA [A.D. 1959 30 authority involving or the doing of any work or other act which may not be bound or if bound may any public repairs the lessee neglect any right of the lessor to do, and also for the perpose under the lease: the carrying out of of exercising Provided that such repairs, work or other acts shall be carried or done without premises by the lessee; undue interference with the occupation out and use of the (g)that in case the rent or any part thereof is in arrear no formal of any term or condition or implied in the lease and on to be performed days (although has been made) or in case default is continued days, or in case the repairs as aforesaid for the space of thirty demand therefor is made in the fulfilment whether expressed the part of the lessee and such default thirty notice time therein in the name of the premises the whole and thereby of the the interest therein, lessee him from releasing but without liability in respect of of any such term or condition.
specified, or on any part thereof determine for the space of by such required or non-observance completed the lessor the breach are not or observed within the may re-enter on (2)This section restrictions posing ment of tenants.

or conditions on-re-entry shall be read subject to any ordinance im­ or forfeiture or on eject­ Variation and ex�n­ sion of leases.

91.
91.

The terms and conditions contained or implied in any lease may be varied, may from time to time be extended, lessor and the lessee tion of the then current for the time being term of the lease.

negatived by a memorandum before and registered by the the expira­ signed or added to, and the term of any lease 92.

(1) Where upon the registration of a lease the Registrar is Renewal and sub­ sitution of leases.
satisfied that - (a)it is in renewal registered; and previously is the person (b)the Jessee for a lease of or in substitution registered of the prior lease at the time of the registration the new lease or at the time of the expiration surrender earlier, of the prior lease, whichever as the proprietor of or is the if the lessee he shall, later than eighteen lease, state in the memorial prior lease or in substitution so requests months after of the prior of the new lease that it is in renewal of the for the prior lease as the case may be.
and if the new lease is registered or surrender the expiration not (2)In every such case the new lease shall be deemed to be to all interests subject the registration surrender of the prior lease, of the new lease or at the time whichever to which the prior lease is subject is the earlier.

of at the time or of the expiration A.D. 1959] LAND REGISTRY [No.
18 31 (3)For the purposes or in any agreement, deed, instrument, or other docu­ all references notice in any of this section to the prior lease or to the interest unless with the context inconsistent of the lessee or with the pro­ to the new lease or of this section, be deemed to be references ordinance ment whatsoever thereunder visions to the interest shall, of the lessee as the case may be.

thereunder land subject 93.


No lease of registered or extending to a mortgage any such lease shall or Leases ol mort�aged or charged laod.

of the charge except so far as charge nor be binding he has any memorandum on the mortgagee thereto varying or holder in writing.

consented 94.

(1) Subject so to do, the proprietor period less than the remainder lease.
to any provision of any registered in his lease affecting lease may sublet his right for any of sub­ of his term by an instrument '�11b-lt::ise1 (2)Save as otherwise expressly provided, the provisions of affecting sub-lessors leases, lessors and sub-lessees, and lessees with such adaptations shall apply to sub­ HS are this Ordinance leases, necessary.

(3)If a lease is determined by operation to insolvency of law or by sur­ such determination render under any ordinance shall determine the sub-lease.
relating ( 4)In addition to the terms and conditions to be implied in leases, there shall be implied specified by this in every sub­ Ordinance lease under this Ordinance continuance and observe a term that the sub-lessor pay the rent reserved will during the by the original lease of the sub-lease the terms and conditions thereof.
has paid to the original of lessor by his sub-lessor in entitled shall be to set off in by him to his sub-lessor (5)Where any sub-lessee the rent or any part of the rent lease, of the original against the sub-lessee the rent payable payable the land respect any sum so paid respect of his sub-lease.

strument sub-lessee 95.

A lease of registered land may be surrendered by an in- and by any of a charge thereon.

by effluxion 96.
by effluxion 96.

(1) Where a lease has been determined of surrender thereof and by any mortgagee and the lessor by the lessee executed or holder Surrender ,1f leases.

Detcrminalio• of lea,os.

of an event upon which the lease is expressed or by lawful re-entry and recovery or by the happening determine wise, the lessor determin ation of the lease.
(2)An application may apply in writing to the Registrar to register such evidence as the Registrar matters the lease, of the happening may require, set forth in the application and the land shall thereupon under this section by of the event or of the lawful shall be supported re-entry and the Registrar of the on being satisfied shall enter a memorial cease to be subject determining to the lease.

of time to of possession the or other­ 97.


(1) The executor PART XI - TRANSMISSION or administrator of the deceased proprietor Transmbsloa on death.

of any registered by transmission, land may apply to be registered and the Registrar upon proof as proprietor thereof to his satisfaction of No.
i8] THE LAWS OF BRITISH GUIANA [A.D. 1959 32 such transmission ance with the provisions shall register of section 116. the applicant as proprietor in accord­ (2)If the executor or administrator has been registered uader the will or intestacy thereof section as the proprietor or otherwise unless and until a transfer 76 has been executed (3)If the executor thereof and registered.
or administrator of a deceased proprietor of the land, no person claiming shall be registered under the provisions as proprietor of of a deceased proprietor has not been registered claiming to have acquired to be registered person shall be registered unless the executor trar that a transfer obtained.
as the proprietor of the land, any other person the same under a will or intestacy may apply as proprietor by transmission, but no such thereof he produces the consent in writing the Regis­ cannot be or satisfies or administrator of or administra�or tu the registration to him by the executor Dealings where trans­ mission not rei:i5tetod.

98.
Upon production of a grant of probate requiring the executor or letters or ad­ of administration, ministrator - the Registrar to be registered register may without (a)any transfer pursuance under intestacy between tract entered the persons by the executor or administrator of the will or by way of distribution in or in pursuance of an agreement entitled thereto or of a con­ (b)any discharge or cancella into by the proprietor in his lifetime; or tion of a mortgage person was the pro­ charge of which the deceased prietor; (c)any surrender of a lease of which the deceased person was the proprietor.
Application to register persons entitled.

99.

(1) If the executor or administrator of a deceased any land to the person entitled proprie tor thereto, or in the name of the person registered thereto, to transfer fails or neglects if such land is not for any reason entitled such person or any person claiming any time after the expiration probate tration or administration, of the land in the name of the person such person or any judgment apply to the Commissioner to order the regis­ thereto.
entitled on the Commissioner, if satisfied that of the application and that may grant the application and the executor the estate direct the Registrar or administrator has had notice has been fully administered, to register the land accordingly.

(2)Upon such applicati in such land may, at of one year from the date of the grant of an interest or execution creditor of Transmission on in■olveacy.

100.
(1) On the adjudication of insolvency of any registered pro­ in insolv­ or on the making of an order for the administration prietor ency of the estate Receiver or assignee may apply to be registered upon proof of such adjudication entitled in accordance Registrar with the provisions thereto the of a deceased registered proprietor, in insolvency the Official any land of the insolvent by transmission, claiming as proprietor thereof or order and that the applicant shall register the applicant of section 116. and is as proprietor A.D. 1959] LAND REGISTRY [No.
18 33 (2)Notwithstanding the provisions of any registered of the transmission of any ordinance affect­ land thereunder shall be of the land under this ing insolvency, subject section.

the vesting to the registration 101.

Notwithstanding no disclaim the provisions er and no order for the discharge of any ordinance relating EIIect of disclaimer, of an discharge and annul­ of an adjudication in insolv­ ment.
land of which of any registered and no order for the annulment an assignee until he bas executed and caused as may be necessary to give effect to be registered or other instruments to insolvency, insolvent ency shall operate he is the proprietor such transfers to any such disclaimer to divest or order as aforesaid.

102.

(1) Where a receiving of any registered as receiver or manager of the property Receiving order against winding-up land or an order of the Court appoint­ and other orden.
order or winding-up is made, and such order does not operate of any such pro­ to vest such land in but the Official the order shall not be registered, Receiver, or manager may lodge a caveat under the provisions the proprietor ing any person prietor any person, liquida of section 125. tor, receiver (2)Any such caveat shall be cancelled by the Registrar that the order has been annulled or on the registration of a transmission on or revoked or under proof to his satisfaction has ceased section 100. to have effect to any registe of any order or writ of execution 103.
Where the Crown or the Colony or any person come entitled nance or by virtue the provisions operation on the application as he may require, prietor of any ordinance of law not otherwise of any interested person has be- red land under the provisions of any ordi­ made or issued or rules of court or otherwise by act or herein provided for, supported the Crown, Colony or person register as the pro­ thereof.

the Registrar may, under by such evidence fransmission by operation of law.

104.
104.

Upon the death of a joint proprietor of a life holding or interest application of any interested person of such proprietor, make such entries in relation thereto.

accompanied in the register in registered land, the Registrar or of the proprietor shall, on the Transmission on death of joint proprie­ tor or holder for life.

by proof of the death as may be necessary 105.


On registration registered upon the happening of the person the title deemed to have arisen transmission the happeoing PART XII-ACQUISITION took place, as if there had been no interval of time between of such event and such registration.

of the transmission shall relate Effect of of any registered transmission.

back to and be as proprietor land, of the event upon which such OF TITLE BY ADVERSE POSSESSION 106.
Notwithstanding land may be obtained to registered the provisions of any other ordinance, possession Acquisition of title by against ad verse poss• ession.

by adverse in accordance with the pro­ proprietor thereof except no title the registered visi.

:ms of this Part.

107.

(1) Any person possession to any registered may submit to the Commissioner title to the said land.
land if that land had not been an application Application registered for declara· tion of tillc for a declaration and pro• cedure there­ on.

who would have obtained title by adverse of No.

18] THE LAWS OF BRITISH GUIANA [A.D. 1959 34 (2)Such application with - together shall be lodged with the Registrar (a)the documents or other evidence relied on in sup­ port of the application; (b)an affidavit containing such particulars as may be prescribed; (c)a plan of the land.
application, the title (3)The Registrar documents, affidavit to the land as it appears (4)Upon receipt shall transmit to the Commissioner with a statement and plan, together in the register.

of an application it to be without merit, does not dismiss the Commissioner shall it.
may dismiss he an application, the of investigate it and, if he considers (5) If the Commissioner shall- (a)cause notice the Gazette in British (b) serve notice of the application in and in one daily newspaper Guiana; and to be publish,ed circulating of the application upon every person shown in the register (6)A counter-application of the land.

of objection as proprietor or notice may be sub­ mitted in such manner as may be prescribed.
(7)If, upon the expiration of the period of one year from withdrawn in which the notice by the applicant section, the date of the Gazette not been of the next following ing and shall summon the applicant tors to appear before and of the day of hearing proprietor of the land.
appeared, the application under the provisions has or dismissed the Commissioner shall fix a day for hear­ and any counter-applicants or objec­ of the application him and shall serve final notice upon every person shown in the register as (8)Where an application has been made under this section, of sections 39, 40 and 42 shall apply so far as they are the provisions applicable and with such adaptations the submission (9)Neither to protect to prevent of a caveat shall operate possession as may be necessary.
of an application under this sec­ land by a claim to registered any person claiming under as proprietor from being registered the registered proprietor tion nor the lodging adverse or through of the land.

Tille of registered proprietor to prevail.

108.


If at any time before with the Commissioner any person lodges as the proprietor he is the person registered proceedings shall stay any Commissioner him and shall investigate pending lodging If he is satisfied proprietor, accordingly, any counter he shall dismiss but otherwise applications before the affidavit.
as if the affidavit he shall proceed the application the making of a declaration an affidavit of title to the effect that of the land claimed, the on the claim that the identity may be of the person and notify to hear the application the applicant and had not been lodged: that such person is the registered Provided that the Commissioner shall not dismiss an application on the ground that any person is the registered proprietor of title in or over the land, but in such case the declaration of an solely easement shall be made subject to such easement.
A.D. 1959] LAND REGISTRY [No.

18 35 109.

Upon the registration of the title of any person as pro- vided in this Part the title interests in the land arising of the previous proprietor together thereunder with all shall cease and determine.

of any land, or any person 110.

The registered proprietor to recover of limitation laid down claiming sion of such land notwithstanding in any ordinance may have expired.
under him, may bring an action that any period thereto title posses­ No limitation against registered proprietor.

Extinction of prcviOU[I title.

PART XIII - EASEMENTS, RESTRICTIVE COVENANTS AND OTHER RIGHTS AND INTERESTS 111.

( 1) Subject as hereinafter land may by instrument create registered ject the land to the burden of a restrictive or restrictive an easement covenant.
covenant (2)An easement provided, the proprietor thereover of any or sub­ the benefit to any land shall not be registered unless under the provisions of which the dominant is held of this Ordinance or Registration of easements and restric- tive coven� ants.

is appurtenant land is either registered under a document of title.

covenant, the Registrar the servient land, may be shall enter a memorial land or upon the relevant and the Registrar thereof document of title.
Upon registration of such an easement or thereof in the register of shall enter a memorial or Registrar in the register of Deeds as the case of the dominant (3)The Registrar enter upon the register or restrictive covenant Ordinance, person, easement Deeds Registry unregistered.

may, upon the application of any dominant land of any interested a memorial of any under the provisions of the Cap.
32. that the servient land is registered notwithstanding (4)Subject and no restrictive created ing on any registered bona fide for value, tered.

unless as hereinafter covenant proprietor hereafter who subsequently into shall be bind­ acquires the land entered provided, no easement hereafter such easement or covenant has been regis­ 112.

(1) The proprietor Commissioner for the removal any easement or restrictive tinguished.
of any registered land may apply to the in whole or in part from the register of or ex­ which has been abandoned covenant Removal from the regi,ter of easements and restric­ tive coven .. ants.

(2)When an application the Commissioner has been made under the last pre­ shall give notice thereof to every subsection, who appears ceding person which the benefit and thereafter far as they are applicable sary.
of the easement the provisions by the register to have any interest or restrictive covenant in the land to is appurtenant, of sections 39, 40 and 42 shall apply so and with such adaptations as may be neces­ that any such easement or (3)Where it is proved to the satisfaction sioner doned or waived or has not been enjoyed for a period of twelve order cancelling the easement as the case may be.
of the Commis­ has been aban­ in whole or in part years or more, the Commissioner shall make an in whole or in part or restrictive or enforced restrictive covenant covenant No.

18] THE LAWS OF BRITISH GUIANA [A.D. 1959 36 (4)Upon the registration easement covenant or restrictive in part as the case may be, but without liability order, shall become extinguished in whole or any person from any to which he may be subject of the Commissioner's at the time releasing of the entry.
the Easernents enjoyed by the public.

113.

Easements over any servient public Ordinance, and nothing easements land a right to interfer or enjoyed so acquired or be deemed to confer acquired now or hereafter land shall not require contained herein by the or enjoyed under this registration from any such of such proprietor shall derogate on the registered e with or obstruct as aforesaid.

the public use of any easement Provisions as to build­ ings.

114.
114.

(1) If upon the first as proprietor registration of any land the person to be registered the land is the property registered Registrar tence of the building known.
land lodges shall enter in the register that any building with the Registrar acknowledges of some other person, a similar an endorsement and the name of the owner and his address, upon standing of any acknowledgment, the recording the exis­ if or if the proprietor as a registration upon the register of (2)Such endorsement shall not operate the building, the building which it stands, every instrument but so long as the endorsement shall be excepted from any dealing and the fact of such exception that gives effect affecting remains the land upon shall be expressed in to such dealing.
made as aforesaid may be removed (3)Any endorsement may be removed, from the register caveat any notice tected any adult inmate thereto.

in like manner and subject as a service of pro­ upon the person named as the owner of any building on the notice and for the purposes may also be effected to the like conditions of this section by serving or by affixing a copy of the notice b�· an endorsement of the said building Rights of wuy of necessity.
shall operate any from protecting to prevent his interest ( 4)Nothing in this section person claiming by lodging therein ownership a caveat.

115.
115.

Upon the application of a building of the proprietor of any registered and just and may direct the manner of title may make a declaration over any other registered of such right of land as may to him seem in which the right of way if any, to be made by the pro­ and the compensation, land, the Commissioner way of necessity necessary is to be exercised prietor shall direct both of the dominant that a memorial of the land which enjoys the benefit thereof, and in such case land.
land and of the servient of the right of way be entered in the register PART XIV -TRUSTS Rcgi�tration of proprietor in a fiduciary capacity.

116.

(1) Any person in the capacity any other representative capacity shall be registered thereof in that capacity.
of executor, or in as the proprietor acquiring by transmission assignee administrator, any registered land in insolvency land in a fiduciary (2)Any person acquiring capacity may be described in the in- by that capacity in any other way any registered A.D. 1959] LAND REGISTRY [No.

18.

37 strument prietor of acquisition and if so described of the words "as legal owner".

shall be registered as pro­ with the addition 117.


(1) On the registration of a proprietor with the addition Restriction may be the Registrar shall entered but !JO trusts.

a restriction prescribing with the land shall be paid.

shall not if requested the person by such pro­ to whom enter in the register particulars of of the words "as legal owner", prietor the proceeds enter in the register of any dealing (2)The Registrar trust or purpose.

(3)Nothing any will, son from protecting a caveat.


land by lodging in this section shall to prevent operate any per­ his beneficial or other interest in any registered 118.

A restriction may be removed from the register with the consent of the person named therein or by order of the Court.

Removal or restrictions.

119.


Subject to the provisions 117 or of any caveat under section any registered concerned to inquire proprietor, the powers of disposition whether of any restriction entered with Exonerntion of persons a person dealing or prohibition, dealing.

capacity is within the powers of the has all assume that the proprietor in question.

shall not be land which is held in a fiduciary but he shall be entitled to of an owner of the interest the dealing PART XV - JUDGMENTS AND WRITS 120.
The provisions of any ordinance or rule of court or ·of relating practice to registered affect land, but no any registered 121.

A judgment to the execution judgment land until a memorial or execution thereof creditor shall bind or has been entered.

may lodge with the of writs shall apply mutatis or writ of execution nzutandis, Effect ol judgments and writs.

Registrar - Registration of judgments and writs.
(a)a copy of his judgment or writ of execution or a full parti­ by a solicitor giving certificate culars signed (b)a statutory of such judgment or writ; proving declaration the amount owing under the judgment satisfaction tion debtor or writ and identifying to the or execu­ of the Registrar the registered as the proprietor of any land, of the enter a memorial to the registered shall thereupon or writ and shall give notice judgment thereof that on registration of a writ issued pursuant to (a)it shall not be necessary to make a statutory declaration, the amount owing shall be lodged with trar; and the Regis­ for the execution creditor but a statement of (b)the registration as the registration of the writ shall have the same of the judgment.
priority and the Registrar judgment proprietor: Provided a registered judgment - 122.

A memorial of a judgment or writ shall be removed from the register - of Removal from register memorials ol judgments and writs.

No.
No.

18) THE LAWS OF BRITISH GUIANA [A.D. 1959 38 (a)at the request creditor; of the judgment or execution (b)on proof to the satisfaction of the Registrar that the judgment or writ has been satisfied; (c)in the case of a judgment, upon registration to that judgment; pursuant of a writ of execution issued (d)in the case of a writ, upon proof to the satisfaction of the Registrar ance with any rules of court for the time being force.

in accord­ in that the writ has lapsed Lapsing or memorials of iuc.lement,.
123.

(1) If an instrument is presented to affect any registered of a judgment, for registration land against which shall give notice which pur­ there sub­ the Registrar thereof the memorial ports or appears sists to the judgment for six weeks from the date of service (2)At the expiration a writ of execution creditor has registered memorial tered as at the date of presentation.

of the judgment issued and shall suspend of such notice.
unless of such period, the said creditor pursuant to the judgment, the shall lapse and the instrument shall be regis­ registration of the instrument (3)Nothing registration from the in this section of such instrument register the if the memorial of the the period shall operate to prevent is removed before of suspension immediate judgment has expired.

Sale• In execution.
Sale• In execution.

124.Upon the sale in execution from the proceeds of any registered land, the marshal the trans­ of sale the costs of registering shall deduct fer to the purchaser the marshal full, together .

So soon as the purchase shall execute a transfer money has been paid in and shall lodge the same with the costs of registration with the Registrar.

PART XVI - CA YEATS AND PROHIBITIONS Cavcau.

First scheduJc 125.
First scheduJc 125.

(1) Any person claiming under an unregistered whether the Registrar mfnts therein a caveat shall be verified instrument in Form G of the first by a statutory shall be accepted for service or otherwise schedule, and the state­ declaration.

there in which the land by the Registrar in the district unless (2)No caveat specified an address in any registered may lodge with any interest land is therein registry is situate.

a memorial land affected (3)Upon lodgment and give notice thereby.
(4)A caveat of the caveator consent may be removed with the from the register or by order of the Court.
of any caveat, thereof to the registered the Registrar shall enter the proprietor of (5)Upon the application of the proprietor of any registered the Court may summon the caveator by a caveat, land affected before from the register cluding the Court to show cause why the caveat and the Court may thereupo an order as to costs as the Court thinks is presented (6)If an instrument to attend not be removed should n make such order in­ fit.
for registration which pur­ ports or appears to affect any registered interest which is protected by a 39 LAND REGISTRY [No.

18 thereof the Registrar registration shall give notice of such instrument At the expiration of A.D. 1959] -------------------------------· caveat, suspend such notice.

registered menced proceedings before shall lapse and the first instrument the date of presentation.
(7)Nothing to the caveator for six weeks from the date of has such period, unless the caveat as at shall be registered the Court to enforce mentioned the caveator or has com­ if any, under which he claims the instrument, in this section of an instrument shall operate if the memorial to prevent of the caveat registration his claim, and shall the is from the register before (8)No land or interest of any further caveat the period affected of suspension by a caveat may be made the the provisions so as to defeat has expired.
of subsection immediate removed subject (6)of this section.

(9)If any person in damages lodges to any person a caveat without reasonable cause, who may have suffered loss he shall be liable thereby.

Prohibitions.

126.
Prohibitions.

126.

(1) For the prevention or dealing of any fraud or improper a may enter in the register the Registrar cause, to the effect that no dealing for any other suffident prohibition affecting condition the same be registered as may be expressed (2)Upon the entry of a prohibition in the prohibition.

shall give the Registrar with any land nor any entry of such except upon the fulfilment notice thereof to the registered (3)A prohibition affected to prevent proprietor shall operate thereby.
thereby the land affected in have been satisfied Registrar until such conditions or the prohibition direct.

or the Court otherwise (4)Upon the application of any registered the Court may summon the Registrar by a prohibition, the Court to show cause why the prohibition should and the Court may thereupon from the register cluding an order as to costs as the Court thinks fit.
affected proprietor to attend before not be removed make such order in­ there­ as may be expressed by the has been withdrawn of any disposition PART XVII - ASSURANCE FUND AND COMPENSATION 127.

(1) There shall be established an Assurance to as "the Fund") for the purposes Fund (hereaf ter ter hereinaf Establishment of Assurance Fund.

in this Part referred mentioned.


(2)There shall be paid into the Fund - (a)the contributions thereto to the Registrar payable under this Ordinance; and (b)until the Fund reaches the sum of one hundred dollars, thousand able to the Registrar Governor in Council under this Ordinance may from time to time direct.
as the such proportion of the fees pay­ (3)All sums received by the Registrar to as contributions the Fund shall sums to the credit same, together manner as the Governor be paid to the Accountant who shall place such of the Fund and shall from time to time invest the in such g thereon, with all dividends and profits may direct.

in Council General accruin No.


18] THE I.A WS OF BRITISH GUIANA [A.D. 1959 40 (4)All compensation including shall be paid out of the Fund, but if the amount at the credit costs payable under this Ordinance of the Fund is insufficient provided out of the Fund so soon as the Fund shall be sufficient out of general revenue.

to meet any claim the deficiency shall be Any amount so paid shall be repaid to repay it.
Council authorise lative money transferred surveys the advancement Provided that at (5)The Governor in Council that such sums as may be approved may from time to time by resolution be transferred as aforesaid from the Fund into general shall be used for the purpose of the Legis­ revenue, and of cadastral for and plans and for such other purposes as may be required of the objects of this Ordinance: no time shall the Fund by any such transfer be reduced to an amount less than one hundred 128.
Subject to the provisions suffering by reason loss or damage (whether of - thousand of this Ordinance dollars.

any person of land or otherwise) Claims against the Fund.
by deprivation (a)the bringing of any land under the operation of this Ordinance; (b)the registration of any other person tion of the register; any rectifica as proprietor or (c)any error, omission or mis-description copy thereof in the regis­ or of any registered of the Regis­ or in any other certificate ter or in a certified document trar, howsoever caused; (d)any payment or consideration given to any other person on the faith of any entry in the register; (e)the loss or destruction of any instrument or safe for inspection registry or docu­ ment lodged at a land custody or otherwise; omission (f)any error, or misfeasance of the Registrar or of any officer in the execution by the Court, of his duties; the Commissioner or the by this Ordinance, (g)the exercise Registrar of any power conferred out of the Fund.
compensation to recover shall be entitled 129.

The Fund shall not be liable · · d epnvat1on occas10ne · d b y - for any loss, damage or Fund uo1 liable ln certain cam.
(a)the breach by a registered expresse proprietor or constructive; of any trust, d implied whether (b)any error in a diagram approved plan; (c)the acquisition adverse sions of this Ordinance; possession of title to any registered with the provi­ in accordance land by or a plan not being an (d)the exercise of any power conferred by this Ordi­ loss, damage or to the application nance where the person suffering deprivation or dealing was exercised value under or through privy as aforesaid.
or with which such power title otherwise than for a person who bas been has been privy in connexion or derives A.D. 1959] 41 LAND REGISTRY [No.

18 130.

No person shall be entitled to compensation out of the Persons not enlitled compensation.
m Fund- contributed (a)where such person or his agent caused or substan­ to the loss, damage or depriva­ tially neglect or wilful tion by fraud, who or title than for value from a person whose agent has been guilty of such fraud, neglect or wilful (b)in respect of costs incurred in taking otherwise or derives default; default or defending in writing any legal proceedings of the Registrar, the Registrar.

without other tl1an the consent in proceedings against Amount of compensalion.

131.
131.

Where compensation respect of any loss, damage or deprivation, is payable out of the Fund in i t shall not exceed - is rectified, the value of the land (a)where the register before immediately (b)where the register the time of rectification; is not rectified, the value of the land at the time when the entry, misfeasance 132.

(1) Any person claiming in this Part referred or omission which caused the loss was made.
to be entitled to recover shall, to as "the claimant") of any legal proceedings, sation than six weeks before the commencement serve notice the grounds such claim is made and the amount claimed declaration of his claim on the Registrar compen­ not less (hereafter with a statutor together stating the same.

on which error, Notice of :tction.


y rence of the Attorney General may within of such notice, the Registrar six weeks thereafter with the concur­ verifying (2)On receipt (a)admit the claim in full or offer an amount ment thereof; (b)admit liability (c)with or without claimant any action or but not the extent an admission thereof; or the of liability in any person as a co-defendant that he may bring.
to join request - in settle­ 133.If the Registrar admits the claim or the in settlement to the Accountant as aforesaid General Admission claimant or compro­ and the Registrar certifies mise of claim.

shall be the amount so certified accepts the amount offered accordingly paid forthwith out of the Fund.

134.If the Registrar claimant to join any persGln to the Court by originating compensation the Fund the amount so determined of the Court.
the Registrar but does not request admits liability as a co-defendant, summons to determine the of by Summary determina­ the claimant shall apply tion of compensation.

amount of the shall pay out General with costs as certified to be paid, and the Accountant together the 135.

(1) Subject to the provisions claimant pensation defendant.
may bring an action against the Registrar 132 and 134, the of sections of com­ in the Court for the recovery joining any person as a co­ without Action for recovery of compen­ sation.

(2)In any such action, the Registrar may at any time apply to join any person as a co-defendant or third party.

No.
No.

18] TFtF LAWS OF BRITISH GUIANA [A.D. 1959 42 the consent or abandoned or does not recover or the leave of the Court (3)If in any such action the claimant of the Registrar the action discontinues or allows com­ or action shall be liable to become deserted the amount, exceeding of the is given in favour without the action pensation judgment to pay the full costs of the Registrar the Court may make such order as to costs as it thinks fit.
is given in favour of the (4)If in any such action judgment of a certified the Reg­ pay who shall forthwith copy of the judgment in respect of costs shall be transmitted by if any, offered to him before Registrar, claimant, the amount payable istrar the same out of the Fund.

of the Court to the Accountant together with a certificate in the action, the claimant aforesaid but save as General Right of to Registrar enforce judgment.

136.
136.

On payment brought ment in an action shall be subrogated enforce such judgment has been given.

out of the and satisfaction under the last preceding section, Fund of any judg- to the rights of the claimant any co-defendant against and shall be entitled whom judgment against the Registrar to to Right of Registrar recover com� pensaton payable or paid.
137.Where compensation is payable shall be entitled Fund, the Registrar otherwise caused or by his fraud, the amount so payable substantially or wilful neglect or has been paid out of by or in an action the or to recover or so paid from any person who has default or from his estate.

contributed to the loss, damage or deprivation Costs against the Fund.

138.

Any costs incurred by or awarded under this Ordinance any legal proceedings Fund.
against the Registrar in shall be paid out of the PART XVIII - GENERAL PROVISIONS inspection of register.

139.

Any person may on application to the Registrar inspect the register during the hours of business.

Certified copies.

Official i.e.trcb.

140.

The Registrar shall furnish same a certified hibition or registered copy of the register of any parcel 141.

(1) Any person of the register instrument affecting registered land.
may apply to the Registrar and to issue a certificate to any person applying or of any caveat, for the pro­ to make an official of the result, and issue a certificate and the accord­ shall thereupon make the search search Registrar ingly.

(2)Every search certificate shall show the state of the register at the time of tbe issue of the certificate caveat, for registration proprietor or other matter affecting prohibition, to deal with the land.
judgment, together writ, application, with a note of every instrument presented the power of the registered (3)Every search certificate shall be signed and sealed hour and minute at which the the seal was affixed.

with the seal of the land registry application by the Registrar and shall record the day, for it was made and at which Stay of rn�istration.

142.
142.

(1) Where any person proposing proprietor, has, with the consent and has stated search in writing of the in his application the particulars for an official of the proposed to deal with registered applied land AD.

1959] LAND REGISTRY [No.

18 43 the Registrar affecting dealing, instrument fourteen made, and shall enter a memorial search certificate.
shall make an order staying registration of any the land to be comprised in the proposed dealing for days from the time at which application thereof was for the certificate a copy on the and endorse (2)If within the said period of fourteen dealing instrument the proposed days a properly be presented over any other instru­ shall have priority after the time of applica­ for registration and the same shall be registered notwith­ which writ, or application judgment, for effecting executed such instrument registration, ment which may be presented tion for the search certificate, standing any caveat, may have been presented during the said period.
(3)Subject prohibition, to the presentation of such properly for registration or lodged with the Registrar any other instrument executed and any caveat within such period, instrument or application dealt with in the same manner, be as effectual received in the land registry during such period, shall have the same priority shall be and shall as if no stay of registration had been obtained.

143.
(1) The Registrar or in his absence the Deputy Registrar Powers ol the Re.c:islr;\r in addition to the powers hereinbefore vested (a)by notice in him rnay- require (b)by notice in writing or other the proprietor in any application any document person making or concurring under this Ordinance instrument in his the land the subject sary to attend tion concerning or to relating of the application and give any information to produce possession or explana­ or instrument; or control and if neces­ any such document require in writing or control any person having in or other any certificate is re­ upon which any endorsement his possession instrument quired to be made for the purposes of this Ordi­ within a nance to produce that instrument reasonable and to time to be fixed by the notice in the land registry deposit for such time as may be necessary for the making of that endorsement; the instrument (c)require proof by statutory fact which he considers declaration necessary with any matter or thing in connection of any to be material established sought to be done.
(2)If any person wilfully or refuses in pursuance to attend without just cause or excuse such document, by such notice of such notice instrument to produce or as aforesaid or certificate as he or deposit, on summary conviction to a fine not exceeding or deposit neglects to produce may have been required be liable dollars.

he shall five hundred 144.


The Registrar or in his absence case submit for the decision by special under this Ordinance and the judge shall give his decision which appears to him tg require thereon.

the Deputy Registrar Registrar may state arising of a judge any question case.

, such a decision may No.

18] THE IA.

WS OF BRITISH GUIANA [A.O.

1959 44 Appeal against deci­ sion of Registrar.

of any person the Registrar or document or to do or per­ to register 145.
(1) If upon the application or issue any instrument issued, the Registrar refuses form any act or duty which by this Ordinance tered, by the Registrar, require the Registrar serve a copy thereof may appeal and thereafter the decision (2)Any such summons shall state the grounds by summons to a judge against upon the applicant done or performed to state in writing shall thereupon state his reasons is required the reasons such person may and accordingly and shall for his decision, the applicant of the Registrar.
to be regis­ of appeal and Appeal against deci­ sion of Com­ sioner.

shall be served the applicant not be returnable on the Registrar within of the reasons for the decision fourteen days of the service on of the Registrar and shall less than six days after service.

(3)The judge shall, be tendered, case require, after receiving make such order in the matter as the circumstances including any evidence that may an order as to costs.

146.
146.

(1) If any person is aggrieved of the such person missioner nance, from the date of the decision hshed in the Gazette and no right of appeal is specifically to the Full Court within or if the decision is from the date of publicati may appeal required by any decision conferred of the Com­ by this Ordi­ twenty-one days to be pub­ on.

from a decision in the same manner as if such decision were of the Commissioner to the (2)All appeals Full Court shall be brought an interlocutory order of the Court.
(3)The Full Court shall, of any party who of any land and who has only a right of appeal on a on the application has been deprived question case for the consideration Indies.

of law and may, on the application of the Federal Supreme of any other party, state a Court of the West Court pro­ ceedings affecting land.

14 7.
14 7.

In any proceedings land or to recover produce not the land is registered possession to the Court a certificate in the Court to establish title or applicant shall stating whether or of any land, the plaintiff from the Registrar to any and if so in whose name and with what title.

Addres6es.

PART XIX-MISCELLANEOUS 148.


Every person who under the provisions PROVISIONS of this Ordinance (a)applies for the first in such application; registration or of any land or joins (b) submits or joins in the submission of any counter­ application, (c)submits (d)appears objection or any instrument on the register or caveat; for registration; or as the proprietor of any land, shall furnish within change in the said address.
to the Registrar Guiana and shall notify British in writing a postal the Registrar address for service in writing of any Service c,f noticei.

149.

A notice on any person by serving or sending vice furnished section.

it by registered under this Ordinance it on him personally, post addressed may be properly or by leaving it for him for ser­ to him at the address served by him to the Registrar as provided in the last preceding A.D. 1959] 45 LAND REGISTRY [No.

18 of this Ordinance, is required 150.


If under the provisions copy of any instrument or a certified posited with the Registrar certified copy thereof Registrar may, if he thinks fit, make in the records reference such instrument land r egistry.

Instruments deposited to be de­ or permitted in Deeds Registry.
or a and if such instrument the in the Deeds Registry, a and in the in the Deeds Registry or copy shall be deemed to have been deposited of the land registry to the instrument or copy deposited any instrument for any purpose deposited is already 151.

The provisions of the Deeds Registry Ordinance tion to special powers of attorney land with such adaptations shall apply to all dealings in rela- Special powers of in registered attorney.

Cap 32. as may be necessary.

shall be executed 152.


(1) Every instrument two witnesses under their hands.

and attested (2)The execution thereon the endorsement of the officers hereinafter of a certificate mentioned to the effect either- seal of one under the hand and of every instrument in the presence Execution of instru­ ments.
shall be verified of by (3)The officers mentioned shall be, where the instrument any place- (a)that the person executing the same in his presence may himself officer the instrument and in such case the said be one of the witnesses; appeared the instrument executed or (b)that the person executing (c)that one of the attesting declaration to the instrument of the witnesses; that the signature the same in the presence before him and by oath or statutory acknowledged was his and that he had freely signed and voluntarily or before appeared declared declaration was per­ the instrument known to him and that such person witnesses him and by oath or statutory that the person executing sonally freely presence and that he and such witness selves of him and of the other attesting had thereupon the instrument as witnesses.
subsectio in the last preceding n in is veriifed or its execution had the instrument in the witness them­ signed and voluntarily is attested signed (a)within British (i)the Registrar, Deputy Registrar or ant registrar; Guiana- or any assist­ Commissioner, notary public magistrate, or commissioner justice of for (ii)a District the peace, oaths; (b)without - British Guiana but within the British Commonwealth (i)the mayor or other chief officer of any city or corporate town within the United Kingdom; or other officer administering or any judge of any court of Com­ within the British or the in any territory (ii)the Governor government record monwealth; or public; (iii)a notary No.
18] THE I.4.WS OF BRITISH GUIANA [A.D. 1959 46 (c) without the British Comrnonwealth- (i)any ambassador, minister or consular appointed by Her Majesty provided public at that place; that the fact that he (ii) a notary officer or Pco1cclion of Registrar against actions.

in that place is authenticated under the hand and seal of or consular officer as public is a notary by an instrument an ambassador, aforesaid.

153.
153.

Except as otherwise nor any person suit or proceeding provided acting under for or in respect the Registrar to any action, fide done or omitted the powers conferred to be done in the exercise by this Ordinance.

minister in this Ordinance, neither his authority shall be liable of any matter bona of exercise or purported Exo11ccalion of the Rci:istrar.

154.
Where by this or any other ordinance is not concerned to inquire to or to a power of dealing person a title tected from registering be concerned such person any notice with which such person as to any matter with any registered to land or is pro­ or fact, then in shall not to that land the Registrar thereto which or search be affected in relation need not have made nor shall the Registrar of notice any instrument or instrument or fact relating need not have been to make any inquiry of any such matter affected.
relating the effect any by Offence, 155.
(1) Every person who- makes any false statement (a)wilfully or declaration in any application under this Ordinance; (b) wilfully suppresses, withholds or conceals or joins in or is privy to suppressing, or conceal document, ing from the Registrar fact or matter of or statement makes any false declaration any dealing any material information; of or in relation to for the purposes with land under this Ordinance; (c) wilfully or assists withholding (d)fraudulently procures, assists in fraudulently pro­ curing any certificate erasure (e)knowingly or is privy to the fraudulent or instrument in the register; any person or deceives of title or alteration misleads procurement of or of any entry, or author­ explanation shall be guilty ised under this Ordinance or information of a misdemeanour.
in respect of any land, to require (2)A person guilty of a misdemeanour under this Ordinance shall- (a)on conviction on indictment, ment for a term not exceeding penalty not exceeding two dollars; (b) on summary conviction, be liable be liable two years or to a thousand five hundred to imprison­ to imprisonment for a term not exceeding penalty three months or to a hundred not exceeding five dollars.

A.D. 1959] 47 LAND REGISTRY [No.

18 either 156.
Every person woo not being a barrister, or indirec notary public fee, gain or reward draws or prepares gage, charge or lease or makes any ment for registration not exceeding tly for or in expectation of transfer, any instrument or lodges any instru­ application be liable shall on summary conviction solicitor or of any mort­ to a penalty directly and fifty Provided two hundred that this section (a)any public officer dollars : to - drawing shall not extend ments and applications (b)any person employed ment or application.
in the course merely to engross any instru­ or preparing of his duty; or instru­ Unqualified practitioners.

157.

(1) No proceeding or conviction shall affect by this for any act declared any remedy to which any at law or in equity.

shall entitle any person to Other remedies.


by answer in any legal proceeding Ordinance person to be a misdemeanour aggrieved by such act may be entitled (2)Nothing refuse to make a complete or to answer any question any court of law, but no answer to any such question shall be admissible ceeding in this Ordinance discovery or interrogatory in evidence under this Ordinance.

against in any civil proceeding in or interrogatory such person in any criminal pro­ 158.
No prosecution the fiat of the Attorney without General.

under this Ordinance Fial of shall be brought Attorney General.

PART XX- RULES, FORMS, FEES, ETC.

in Council 159.

(1) The Governor practice rules for regulating respect think expedient for carrying nance and for prescribing to be prescribed.
of such matters other than practice out the purposes under this Ordinance may from time to time make and in as he may of this Ordi­ and procedure and objects as are by this Ordinance and procedure such matters required Power of Governor in Council to inalce rules (2)No rule made under this section shall Council be of any force or by the Legislative it has been approved effect unless and until .and published in the Gazette.

160.
160.

(1) The forms set out in the first the time being in force under this Ordinance variations permit shall as the circumstances be used in all matters may require or (2)The Governor in Council or amend the forms set out in the first schedule.

(3)A new form or a form when amended to which such forms relate.

may from time to time add to schedule Forms.

with such additions as the Registrar and the forms for or may shall be published in the Gazette included and thenceforth schedule.
in the first shall have the same force as if it were 161.

(1) Subject (2) of this to any order made under subsection the fees set out there shall be paid to the Registrar of the matters in respect section, in the second schedule in.

In case of first registration lieu of any fees, payable by transport, such in fees, shall be payable Ordinance.

under the Deeds Registry Fees.

specified there­ Cap.

32 (2)The Governor in Council may by order amend, or add to the fees set out in the second schedule.

No.
No.

18] THE LAWS OF BRITISH GUIANA [A.D. 1959 48 (3)For the purpose the Registrar may if he thinks fit as the value of any land, but accept the amount any fees payable under of he may in any case re­ of determining of valuation made under this by a sworn valuer this Ordinance, the consideration quire a certificate Ordinance.

,_)cclaratlon ::ts to consideration.

payable 162.

(1) The full and true consideration shall be stated dealing a mortgage, charge the parties or of their attorneys.
or lease be verified in the instrument in respect and shall except in the case of of declaration by the statutory of any (2)If in any case the consideration is the parties shall in addition stated, pay the sum of two hundred and fifty dollars able with and be liable excess truly stated.
for the payment duty which would have been paid if the consideration of five times the amount of the had been untruly to any other penalty or fraudulently and each forfeit and shall also be charge­ (3)All such sums may be sued for and recovered in the Remuneration of legal practitioners.

Court in the name of the Registrar.

payable of dealings 163.

(1) The remuneration in respect vices rendered regulated to legal practitioners in registered for ser­ land shall be and at least one judge.
by order made by the Chief Justice allowed (2)Until such an order is made the remuneration Fees and Registry under the Legal Practitioners to legal practitioners Order shall apply mutatis mutandis.

Accounts.

164.

(1) The Registrar shall keep a correct by him under the provisions of this money received pay the same to the Accountant General accounts directed relating of public of the same to such persons by any ordinance or and payment to the collection regulations of public accounts.
(2)All penalties and fees received account of all sums of Ordinance and shall at such times and shall render for the time being in force moneys and the audit and in such manner as may be this Ordinance ance Fund) shall be carried (except sums received as contribu to and form part of general tions to the Assur­ revenue.
under the provisions of FIRST SCHEDULE 160) FORMS OF DOCUMENTS (Section FORM A (1) CERTIFICATE OF TITLE TO LAND (Section 71) Block: Description Parcel: of land: and location THIS IS TO CERTIFY that A.

B. of (address) is now the registered proprietor under registered endorsed sions of the said Ordinance the Land Registry as (parcel-number) hereon or in the register subsist Ordinance, 1959, of all that parcel and comprising (area), subject of land to the interests and to such interest without registration.
as may under the provi­ IN WITNESS WHEREOF I have hereto subscribed my name and affixed the seal of the Land Registry (Seal) this (date).

Registrar of Lands.

A.D. 1959] LAND REGISTRY [No.

18 49 CERTIFICATE FORM A (2) OF PROVISIONAL TITLE TO LAND (Section 71) Block: Description and location of land: Parcel: THIS IS TO CERTIFY that A.

B. of (address) is now the registered under the Land Registry as (parcel-number) hereunder proprietor registered tion stated to such interests registration.
and to the interests as may under the provisions Ordina:ice, 1959, of all that parcel subject and comprising (area), of land lo the qualifica­ endorsed hereon or in the register and of the said Ordinance subsist without This title is held subject to (state qualification as recorded in declaration of title).

IN WITNESS WHEREOF I have hereto subscribed my name and affixed the seal of the Land Registry (Seal) this (date).

Registrar of Lands.
Registrar of Lands.

FORMB TRANSFER (Section 76) being the registered 1959, of (the above parcel), proprietor in consideration receipt under the ,",and of the sum of which I hereby paid to me by C.D.

of (address), do hereby transfer to the said C.D.

(all my interest in tbe said And I, C.D., do hereby accept this transfer (subject to the above terms terms or conditions) Block: Description Parcel: of land: and location I, A.B., of (address), Ordinance, Registry of (dollars) acknowledge, parcel).
(Here state any special and conditions).

our hands, etc.

As witness (See notes below).

FORM C MORTGAGE (Section 80) Parcel: Block: Description of land: and location I, A.B., of (address), Ordinance, in the said parcel) Registry interest (dollars) repayable in each year.

of payment) (Here state any special and condition As witness (See notes implied my hand, etc.

below).

being the registered 1959, of (the above parcel), to C.D.
of (address) under the Land proprietor (all my do hereby mortgage sum of on (dates to secure the principal payable on (date) with interest at (percentage) terms or conditions by the Ordinance).

and any modification of the terms FORM D CHARGE (Section 80) Block: Description Parcel: of land: and location I, A.B., of (address), being the registered proprietor under the La\1d 1959, of (the above parcel), do hereby charge (all my sum of (dollars) in each year to C.D.

of (address).
of (address).

of the per annum on which sums shall become and cease to Ordinance, in the said parcel) with the payment on (dates of payment) Registry interest payable (Here state the event or circumstance be payable As witness (See notes below).

and any special my hand, etc.

terms or conditions).

No.


18] THE LAWS OF BRITISH GUIANA [A.D. 1959 50 FORM E NOTICE OF DEPOSIT OF CERTIFICATE OF TITLE (Section 87) To the Registrar of Lands : I, A.B., of (address) l,ereby has been deposited to secure the sum of (dollars).
give notice (number) thereover with me with the intention of creating a lien that the certificate of title of parcel FORM F LEASE (Section 89) Block: : Parcel Description and location of land : I, A.B., of (address) Ordinance, (all my interest 1959, of (the above parcel), in the said parcel) being the registered under the Land proprietor do hereby lease to C.D.

of for a period of (years) from on (date or dates) in each year.
the /emu and any modification of Registry (address) (date) at a yearly (Here state any special and conditions implied terms or conditions by the Ordinance).

rent of (dollars) payable And I, C.D., do hereby accept this lease (subject to the above terms and conditions).

As witness (See notes below).

our hands, etc.


FORMG 125) CAVEAT (Section : Parcel Dlock: To the Registrar Take notice (now standing tion of any instrument of transfer until after notice of the int'!nded such dealing in the register is expressed of Lands : that I, A.B., of (address) or other instrument registration to my claim).
claim an interest in the above parcel in the name of E.F.) and I forbid the registra­ the said inter�st affecting has been given to me ( or unless Nature of the interest and grounds upon which such claim is to be subject claimed founded: (State nature and grounds).

My address for service is (address).

(Signature of caveator, solicitor, or attorney).

., I, the above named A.B., (or C.D.

solicitor or attorney for the said A.B.)

do solemnly true in substance A.B.

and verily believe).


and sincerely declare that the statements and in fact (as I have been informed by in the above caveat are the above named Cap.

36 I make this declaration etc.

NOTES TO FORMS B, C, D, AND F. (1) If the person ea,ewting of the land but of an interest the interest and a reference included.
therein, to the instrnment the instrument is not himsdf the proprietor he should be described as proprietor of -creating the same should be (2)Where the interest a,ljected by the instrnment is less than the interest it, the words "all my interest in the said parcel" should of the person executing be modified accordingly.

A.D. 1959] LAND REGISTRY [No.

18 51 SECOND SCHEDULE.


161 ) FEES ( Section l. On first registration- for the first $500 or part thereof for every $500 or part thereof­ in excess of $500 up to $2,500 in excess of $2,500 up to $5,000 in excess of $5,000 that- provided $.
c. 5.00 2.50 1.00 .50 ( a) on first registration in the name of the Crown or of the Colony or (b)on first registration any statutory body, no fee shall be payable; with an absolute a transport to himself 68, or by title under section 4 3, or section under section 44, the Court under any person passing following an order or judgment of or following payable one half of the prescribed a sale in execution 45, there shall be under section fee; has been prescribed in area, such fee shall be payable in the order ( c)where a fee on first registration designating any registration lieu of the prescribed fee; (d)on first registration Ordinance, to the District the fee prescribed Lands Partition in that Ordinance Re-allotment shall be payable in lieu of the prescribed Fund- on to the Assurance 2.By way of contributi pursuant fee.
and of one per cent of the value of the land together (a)on first registration of land under this Ordinance- contribution 41 direct: one-fifth such additional provisions Provided to in provisos Feel above; no fee by way of contribution shall be payable.
(b)on registration that in the cases referred of any transfer of section (a), (b) and (d) of to the Assurance Fund as the Commissioner may 1,nder for value of land heid under an with the absolute title- one-tenth of one per cent of the value of land or considerntion; (c)on registration of a transfer or transmission charge, title­ of any land held under a provisional or any mortgag�, for value, lease, one-fifth provided mission shall be payable beneficially of one per cent of the value of the land: that where a contribution has been paid upon trans­ to any person in a fiduciary upon a transfer capacity, by the fiduciary to any person no contribution / 3.On presentation (a)a transfer entitled.
for registration of- of land on sale- for the first $500 or part thereof for every $500 or part thereof provided agreement be reduced caveat.

protected that where such transfer of the value of the land 5 .00 1.00 in excess of $500 to any is registered pursuant the above fee shall by the amount of the fee paid in respect of the by a registered caveat, or a transmission .

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5.00 (b)any other transfer or charge- (c)a mortgage for the first $500 or part thereof value of the charge as the case may be.

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for every $500 or part thereof for every $500 or part thereof provided suant to an agreement that where such mortgage protected in excess of $500 up to $5,000 .50 in excess of $5,000 .25 or charge is registered pur­ caveat or by the by a registered of the amount secured or the 5.00 No.

18] THE LAWS OF BRITISH GUIANA [A.D. 1959 52 1 .• ' • J .

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deposit registered reduced or notice of deposit.


of a certificate by the amount of the fee paid in respect of title, the above fee shall be of the caveat (d)a lease- where the lease is not required where the term of the lease does not exceed twenty years .. in any other case to be registered .. 1.00 2.00 5.00 3.00 (e)a judgment (f) a writ of execution- if issued in pursuance in any other case .. of a registered judgment 2.00 5.00 ' .
an agreement for sale or an agreement to on the transaction protected; 5.00 of title- of a certificate on a mortgage equal in value to the (g)a caveat- to protect (h)a notice or charge any land- if entered mortgage one half of the fee payable in any other case .

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of deposit one half of the fee payable sum secured.
(i)an easement if entered .parcel for every further in the register parcel or restrictive covenant- (j) any other instrument or document which no fee is provided of a lease, 4.Upon the discharge mination the removal same of the memorial 5.Upon registration from the register of a mortgage the withdrawal of any judgment, of a declaration at the request as upon first registration.
of one dominant and one servient capable 5 .00 .. · 1.00 for of registration 1.00 or deter­ or of a caveat or notice of deposit the of the person presenting t possession-- writ or other matter of title by a<lverse the surrender or charge, or request 6.

Upon presentation notice the same .

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7.Upon the issue of- ( a)a certificate of title- counter of any application, and for which no fee is provided, application, for the withdrawal objection, of 1.00 where the value of the land does in every other case .. not exceed $5,000 5.00 .

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-10.00 (b)a search certificate- where a stay of registration in every other case .

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(c)a certificate by section of the register 8.

(a) For everyrectifcation as required is made .

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147 5.00 2.50 2.50 5.00 is of the Registrar.

where the rectification provided necessitated (b)on an inspection (c)for copies of documents that no fee shall be payable by any error or omission of the register, (exclusive for each parcel .

of plans)­ 2.50 'I \ certified, uncertified, (d) on any other inspection per folio of 100 words or search per folio of 100 words 9.On appointment as sworn valuer in the land registry 2.50 (M.P.L.

(Leg.
(Leg.

Bill 3/1959) 11/11/1).

the � latu,·e.?

Printed by the Government Printers of British Guiana.