Cost of transfers, mortgages, etc

(1) Where under subsection (3) of section 25 of the Act, a person in whom the equitable title to any land, estate, or interest is beneficially vested by or through a deed of conveyance makes demand upon the person who holds the legal title to the land, estate or interest for a transfer to himself of the legal title to such land, estate or interest, the transfer shall be made, unless the parties otherwise agree, at the expense of the person demanding the legal title to such land, estate or interest. (2) A conveyance of the title to any land, estate or interest from one person to another shall be, unless the parties otherwise agree, at the expense of the parties in equal shares. (3) The expense of the preparation and registration of a legal charge and incumbrance or of the cancellation thereof shall be borne by the chargor or the incumbrancer, unless the parties otherwise agree. (4) In this rule, “the expense”, means– (a) attorney-at-law’s costs, charges and expenses; 22 General Registry (b) fees payable to the Registrar in accordance with the Second Schedule to these Rules; and (c) stamp duties or other tax payable on the transaction.