Interpretation

In this Act, unless the context otherwise requires“application book” means the application book kept under section 5(d); “charge” means an interest in land securing the payment of money or money’s worth or the fulfilment of any condition, and includes a sub charge and the instrument creating a charge; “chargee” means the proprietor of a charge; “chargor” means the proprietor of charged land or of a charged lease or of a charged charge; “Commissioner” means the Commissioner of Lands and Surveys; “compulsory registration area” means an area declared as such by the Minister by Order made under section 4; 10 “court”, except as is otherwise expressly provided, means the Supreme Court; “dealing” includes disposition and transmission; “disposition” means any act inter vivos by a proprietor whereby his rights in or over his land, lease or charge are affected, but does not include an agreement to transfer, lease or charge; “easement” means a right attached to a land which allows the proprietor of the land either to use the land of another in a particular manner or to restrict its use to a particular extent, but does not include a profit; “file” means to place in the file relating to the parcel of land affected; “foreshore” means the part of a shore between high-water and low-water marks; “guardian” means a person responsible for protecting the interests of any person who is under a disability, whether by reason of age, unsoundness of mind or any other cause; “infant” has the same meaning as “child” in the Families and Children Act; CAP. 173. “instrument” includes any deed, judgment, decree, order or other document required to be registered or registrable under this Act; “land” includes land covered with water, all things growing on land and buildings and other things permanently affixed to land; “Land Register” means the Land Register compiled and maintained under Part II; “lease” means the grant, with or without consideration, by the proprietor of land of the right to exclusive possession of his land, 11 and includes the right so granted and the instrument granting it, and also includes a sublease by the proprietor of a lease but does not include an agreement to lease; “lessee” means the holder of a lease; “lessor” means the proprietor of leased land, and includes, in respect of a sublease, the proprietor of the lease; “licence” means a permission given by the proprietor of land or a lease which allows the licensee to do some act in relation to the land or the land comprised in the lease which would otherwise be a trespass, but does not include an easement or a “Minister” means the Minister responsible for land; “national lands” mean all lands defined as “national lands” in the National Lands Act; “parcel” means an area of land separately delineated on the registry map and given a number; CAP. 191. “periodic tenancy” means a tenancy from year to year, half year to half year, quarter to quarter, month to month, week to week or the like; “personal representative” means the executor of the will or the administrator of the estate of a deceased person; “profit” means the right to go on the land of another and take a particular substance from that land, whether the soil or products of the soil; “proprietor” means the person registered under this Act as the owner of land or a lease or a charge; “registered, unregistered and registration” bear a corresponding 12 “Registrar” means– (a) the Registrar of Lands appointed under section 6; or (b) where an assistant registrar of lands has been authorised under section 6 (3) to exercise or perform any particular power or duty, that assistant registrar of lands so far as concerns that power or duty; “registration section” means a registration section established under section 10; “Registry” means the Land Registry established under section 5 of this Act; “Registry Map” means the map or series of maps referred to in section 18; “the register” means the leaf of the Land Register kept in respect of a parcel of land or of a registered lease; “to register” means to make an entry, note or record in the register under this Act; “transfer” means the passing of land, a lease or a charge by act of the parties and not by operation of law, and also the instrument by which such passing is effected, but does not include an agreement to transfer; “transmission” means the passing of land, a lease or a charge from one person to another by operation of law or death or insolvency or otherwise however, and includes the compulsory acquisition of land under any written law; “trustee” includes personal representative; and 13 “valuable consideration” includes marriage, but does not include a nominal consideration. CAP. 191.