Section 88: Registrar's Powers to Correct Land Titles
88.Special powers of Registrar of Titles
(1)Subject to the Registration of Titles Act, the Registrar of Titles shall, without referring a matter to a court or a district land tribunal, have power to take such steps as are necessary to give effect to this Act, whether by endorsement or alteration or cancellation of certificates of title, the issue of fresh certificates of title or otherwise.
(2)The Registrar of Titles shall, where a certificate of title or instrument—
(a)is issued in error;
(b)contains a wrong description of land or boundaries;
(c)contains an entry or endorsement made in error;
(d)contains an illegal endorsement;
(e)is illegally or wrongfully obtained; or
(f)is illegally or wrongfully retained, give not less than twenty-one days' notice, of the intention to take the appropriate action, in the prescribed form to any party likely to be affected by any decision made under this section.
(3)The Registrar of Titles shall conduct a hearing, giving the interested party under subsection (2) an opportunity to be heard in accordance with the rules of natural justice, but subject to that duty, shall not be bound to comply with the rules of evidence applicable in a court of law.
(4)Upon making a finding on the matter, the Registrar of Titles shall communicate his or her decision in writing to the parties, giving the reasons for the decision made, and may call for the duplicate certificate of title or nstrument for cancellation, correction or delivery to the proper party.
(5)If a person holding a certificate of title or instrument referred to in subsection (2) fails or refuses to produce it to the Registrar of Titles within a reasonable time, the Registrar of Titles shall dispense with the production of it and amend the registry copy and where necessary issue a special certificate of title to the lawful owner.
(6)The Registrar of Titles may—
(a)correct errors in the Register Book or in entries made in it;
(b)correct errors in duplicate certificates or instruments; and
(c)supply entries omitted under this Act.
(7)The Registrar of Titles may make amendments consequent upon alterations in names or boundaries but in the correction of any such error or making of any such amendment shall not erase or render illegible the original words.
(8)Upon the exercise of the powers conferred on the Registrar of Titles under subsection (7), the Registrar of Titles shall affix the date on which the correction or amendment was made or entry supplied and shall initial it.
(9)Any error or any entry corrected or supplied under this section shall have the same validity and effect as if the error had not been made or entry not omitted.
(10)In the exercise of any powers under this section, the Registrar of Titles shall—
(a)give not less than twenty-one days' notice in the prescribed form to any party likely to be affected by any decision made under this section;
(b)provide an opportunity to be heard to any such party to whom a notice under paragraph (a) has been given;
(c)conduct any such hearing in accordance with the rules of natural justice but subject to that duty, shall not be bound to comply with the rules of evidence applicable in a court of law;
(d)give reasons for any decision that he or she may make.
(11)The Registrar of Titles shall communicate his or her decision in writing to the parties and the committee.
(12)Any party aggrieved by a decision or action of the Registrar of Titles under this section may appeal to a district land tribunal within sixty days after the decision was communicated to that party.
(13)Where the Registrar of Titles has cancelled a certificate of title or an entry in the Register Book, a party in whose favour the cancellation is made shall not transfer the title until the expiry of the time within which an appeal may be lodged; and where an appeal is lodged against the cancellation, he or she shall not transfer the title until the determination of the appeal.
(14)The party who lodges an appeal under this section shall take steps to ensure that the Registrar of Titles and the other party are served with the notice of appeal.
(15)Where the person who appealed under this section fails to prosecute the appeal, the tribunal shall, on application by any other party to the appeal, strike out the appeal.
Plain English Summary
The Registrar of Titles has the power to correct errors in land titles, cancel wrongly issued certificates, and make changes to the land register with...
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