Compilation of land not registered under General Registry Act

(1) Where a person having an interest in land which is not registered under the General Registry Act and which is situated in a compulsory registration area wishes to deal in such interest, he shall, prior to such dealing, submit to the Registrar an application for first registration in the prescribed form and shall attach to such application all documents in his possession relating to that interest. (2) On receipt of an application for the first registration, the Registrar shall19 (a) publish in the Gazette and in at least one newspaper, a notice of his intention to register the land for the purpose of bringing it to the attention of persons who may be affected thereby; (b) serve a notice on the owner of the land, if the owner is not the applicant, to submit an application for first registration in the prescribed form within such period as is stated in the notice, but the Registrar in his discretion may dispense with the submission of such application; and (c) examine the title and for that purpose may examine any deed recorded under the General Registry Act or summon any person to give evidence, if he considers such evidence likely to be relevant to the application. (3) If, as a result of such examination, the Registrar is satisfied that a personCAP. 327. (a) is in peaceful, open and uninterrupted possession of a parcel in accordance with the principles contained in section 139 and has been in such possession by himself or by his predecessors in title for an uninterrupted period of twelve years or more; or (b) has a good documentary title to the land and that no other person has acquired a title thereto under any law relating to prescription or limitation, and that he would succeed in maintaining or defending such possession or title against any other person claiming the land or part thereof, 20 the Registrar shall record that person as the owner of the parcel and declare his title to be absolute. (4) If the Registrar is satisfied that a person is in possession of, or has a right to, a parcel but is not satisfied that such person is entitled to be recorded as the owner of the parcel with absolute title, he may nevertheless record that person as the owner of the parcel and declare his title to be provisional and in such case shall record– (a) the date on which the possession of that person shall be considered to have begun; (b) particulars of any deed, instrument or other document by virtue of which some estate, right or interest adverse to or in derogation of the title of that person may exist; or (c) any other qualification which affects the title. (5) If the Registrar is satisfied that any land is subject to any interest which is registrable as a lease, charge, easement, profit or restrictive agreement, he shall record particulars of the interest and the name of the person entitled to the benefit thereof. (6) The Registrar shall by notice inform the owner and any other persons having an interest in the parcel of the particulars contained in any record made under sub-sections (3) to (5) and shall require them to state objections, if any, in writing within such period as is stated in the notice. (7) After expiry of the period stated in the notice given under sub-section (6), if no objection is received or, if any objections have been received, after giving any person objecting an opportunity of being heard, the Registrar shall confirm or amend the record and record the date of such confirmation or amendment and shall forthwith open a register for the parcel and 21 for any lease required to be registered under this Act and shall file the record. (8) Any person who is aggrieved by any decision made by the Registrar under this section may appeal to the court within thirty days from the date of confirmation or amendment of the record or within such extended time as the court may, on good cause being shown, allow. (9) Nothing in this section shall be held to preclude any person having an interest in land within a compulsory area from applying for first notwithstanding the fact that he does not intend to deal in such (10) The Registrar may, of his own motion, register any land or lease within a compulsory registration area and for this purpose he may, notwithstanding the fact that no application for first registration has been submitted, publish a notice of his intention to register and may serve a notice on the owner of the land and any person having any interest in the land to submit an application for first registration or, in his discretion, may dispense with submission of such application, and may thereafter examine the title under the provisions of this section. (11) Any person on whom a notice has been served under sub-section (2) or (10), who after due notice and without reasonable cause fails to comply with such notice within the period stated in the notice, commits an offence.