Section 9: Handling Crown-Granted Land Before 1908
9.Lands alienated before Registration of Land Titles Ordinance, 1908
(1)All documents relating to land which was alienated in fee or for years by or on behalf of the Crown before the commencement of the Registration of Land Titles Ordinance, 1908, shall immediately on the commencement of this Act be collected from the district offices and lodged for custody in the office of titles, and the following procedure shall be adopted with regard to that land.
(2)Where after the commencement of this Act an instrument affecting land referred to in subsection (1) or any interest in that land is presented for registration, the Registrar shall proceed to bring the whole of that land under the operation of this Act in the same manner as hereafter prescribed on an application to bring that land under the Act; but if any such land has not been surveyed, the Registrar may call upon the person entitled to a certificate of title under this Act to have that land surveyed.
(3)All land within the meaning of this section may be brought under the operation of this Act on an application in Form I of Schedule 1 to this Act, which application may be made by any of the following persons—
(a)the person claiming to be the owner of the fee simple or term of years either at law or in equity;
(b)persons who collectively claim to be the owners of the fee simple or term of years either at law or in equity;
(c)persons who have the power of appointing or disposing of the fee simple or terms of years; or
(d)the guardian of any infant or the committee of any person suffering from mental illness unable to govern his or her estate so, however, that the application is made on behalf of that infant or person and the certificate of title is directed to issue in his or her name.
(4)Notwithstanding subsection (3)—
(a)a mortgagor shall not be entitled to make such application unless the mortgagee consents to the application; nor a mortgagee unless in the exercise of his or her power of sale, and unless the certificate of title is directed to issue in the purchaser's name; and
(b)the attorney of any corporation, howsoever and wheresoever incorporated, whether already constituted or hereafter to be constituted by a power of attorney under a seal purporting to be the common seal of the corporation giving the power may make such application for or on behalf of the corporation of which he or she is the attorney, and may make the requisite declaration to the best of his or her knowledge, information and belief, and may subscribe the application in his or her own name.
Plain English Summary
If you have land that was transferred by the Crown before 1908, all related documents must be collected from district offices and stored at the titles...
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