← belizelaw.ai · General Registry Rules, Cap. 327s02 · PART IX — Fees and Costs

Fees and costs

General Registry Rules, r. 48 · Revised Edition 2020

The fees prescribed in Part I of the Second Schedule to those Rules shall be charged and collected by the Registrar in respect of the several matters and services performed by him in the Registry, and the costs set out in Part II of the said Schedule shall be chargeable by Attorney-at-Law in respect of work done and services rendered under and pursuant to the Act and these Rules. General Registry 23 BELIZE FIRST SCHEDULE Forms FORM 1 [Rule 8] GENERAL REGISTRYACT and GENERAL REGISTRY RULES 1924 Rev. Cap. 215 Application for the issue of a First Certificate of Title to Land Registered under the Land Titles Registry Ordinance State name, address and occupation of applicant. 1924 Rev. Cap. 215. I, hereby apply for the issue in my name of a first certificate of title to the land, estate, interest, power or right entered in the register formerly kept under the Land Titles Registry Ordinance and I submit in support of my application the following documents– (a) a certified extract from the said register showing the entry on which my title to the said land, estate, interest, power or right is based (b) an affidavit of proof of identity and of the necessary facts establishing my title to the land, estate, interest, power or right; (c) a written statement of legal charges and incumbrances affecting the said land, etc. SCHEDULE Dated this day of 20 . Applicant Here describe land, etc. 24 General Registry BELIZE FORM 2 [Rule 8] GENERAL REGISTRYACT and GENERAL REGISTRY RULES Application for the issue of a First Certificate of Title to Land Based upon undisturbed Possession for thirty years and upwards State name, address and occupation of applicant. I, hereby apply for the issue in my name of a first certificate of title to the land, estate, interest, power or right mentioned in the Schedule below, and I submit in support of my application the following– (a) an order of the Court declaring my title to the land, estate, interest, power or right; (b) a written statement of the legal charges and incumbrances affecting the said land. SCHEDULE Here describe land, etc. Dated this day of 20 . Applicant General Registry 25 BELIZE FORM 3 [Rule 8] GENERAL REGISTRYACT and GENERAL REGISTRY RULES Application for the issue of a First Certificate of Title to a Mahogany or Logwood Work State name, address and occupation of applicant. I, hereby apply for the issue in my name of a first certificate of title to the land or estate described in the Schedule hereto now (or formerly) used as a mahogany or logwood work, the title to which accrues under paragraph (b) of section 22 of the General Registry Act, and I submit in support of my application the following– (a) an affidavit of the facts which are the foundation of my title; (b) a written statement of the legal charges and incumbrances affecting the said land. SCHEDULE Here describe land, etc. Dated this day of 20 . Applicant 26 General Registry BELIZE FORM 4 [Rule 8] GENERAL REGISTRYACT and GENERAL REGISTRY RULES Application for the issue of a First Certificate of Title to Land held under a Conveyance by Deed State name, address and occupation of applicant. I, hereby apply for the issue in my name of a first certificate of title to the land, estate, interest, power or right mentioned in the Schedule below, the title to which I have acquired by conveyance by deed and other documents and I submit in support of my application the following– (a) the original deeds and other documents on which my title to the land, estate, interest, power or right is founded; (b) a plan, map or diagram in which the land is shown; (c) a list of all the documents delivered; (d) an affidavit in proof of service of notice or application for first certificate of title upon the proprietors of adjoining lands; (e) a written statement of the legal charges and incumbrances affecting the said land. SCHEDULE Here describe land, etc. Dated this day of 20 . Applicant General Registry 27 BELIZE FORM 5 [Rule 8] GENERAL REGISTRYACT and GENERAL REGISTRY RULES Application for the issue of a First Certificate of Title to Land held under a Crown Grant State name, address and occupation of applicant. I, hereby apply for the issue in my name of a first certificate of title to the land held by me under the Crown Grant described in the Schedule to this application, and I submit in support of this application the following– (a) the original Crown Grant (or other authorized copy in lieu thereof) on which my title is founded; (b) written statement of legal charges and incumbrances affecting the said land. SCHEDULE Here describe land, etc. Dated this day of 20 . Applicant 28 General Registry BELIZE FOLIO NO. VOLUME FORM 6 [Rule 9] GENERAL REGISTRYACT and GENERAL REGISTRY RULES Extract from the Lands Titles Register formerly kept under the Lands Titles Registry Ordinance IT is HEREBY CERTIFIED THAT the underwritten extract has been duly taken from the Lands Titles Register formerly kept under the Lands Titles Registry Ordinance and compared with the entry, and that such extract is a true copy of the said entry. Dated this day of 20 . Registrar General Names of person Description of Date of title Reference to transfer of entitled property accruing registered property General Registry 29 BELIZE FORM 7 [Rule 9] GENERAL REGISTRYACT and GENERAL REGISTRY RULES Affidavit of Identity State name, address and occupation of applicant. I, make oath and say as follows: 1. I am the person referred to by the name State name in extract. in the certified extract from the register formerly kept under the Lands Titles Registry Ordinance, 1924 Rev. Ch. 215, the certified copy of which is attached hereto. If there are other facts and particulars to be proved to establish a title resulting from marriage, birth of issue, death, wills, intestacy or other events state them so as to prove the title. 2. Sworn to by the said at on the day of 20 , before me A Commissioner for Oaths or A Justice of the Peace 30 General Registry BELIZE FORM 8 [Rule 13] GENERAL REGISTRYACT and GENERAL REGISTRY RULES Notice to Proprietors of Adjoining Lands of Intending Application for a First Certificate of Title Insert name of adjoining proprietor. Insert the description of adjoining land To: the proprietor of TAKE NOTICE THAT I intend to apply to the Registrar General on the day of 20 , for a first certificate of title to the following land, estate or interest, Insert full description of land for which certificate of title is being applied. ALL for your information and guidance. Dated this day of 20 . Applicant FOR EXPLANATIONS SEE BACK ______________ General Registry 31 Back of Form TAKE NOTICE that, if you have any claim to or interest in the land or any part thereof mentioned herein or if the boundaries of the said land as specified herein show any encroachment on your land or property, you are required to file an objection to the issue of the first certificate of title herein applied for. Any objection should be filed at the General Registry, Belize City, within fourteen days from the date of the service of this notice upon you, and a copy served on the person making application for the first certificate of title. An objection must state fully the grounds of the objection and give an address in Belize to which all notices or summonses may be sent through the post or otherwise. Forms of Notice of Objection (Form 12) may be obtained at the General Registry at 5c each. 32 General Registry BELIZE FORM 9 [Rule 13] GENERAL REGISTRYACT and GENERAL REGISTRY RULES Affidavit of Service of Notice of Intending Application for a First Certificate of Title Insert name, address and occupation of person serving notice. I, make oath and say as follows: 1. That I did on the day of 20 . the proprietor of the land on the boundary of the land described in the Schedule hereto, and the proprietor of the land on the boundary of the land described in the Schedule hereto, and the proprietor of the land on the boundary of the land described in the Schedule hereto, and the proprietor of the land on the boundary of the land described in the Schedule hereto, with written notices of the intention of to apply for a first certificate of title to the land in the Schedule hereto by handing the same to them personally at and informing them of the nature and purport thereof, or by leaving the same at their last known and most usual places of abode, namely, Name of proprietor of adjoining land. Name of proprietor of adjoining land. Name of proprietor of adjoining land. Name of proprietor of adjoining land. Name of applicant for certificate. Places of service of the several notices. General Registry 33 FORM 9 (Cont.) State places of abode of proprietors of adjoining lands. or by affixing the same to a tree, house or building (as the case may be) on the adjoining land, diligent inquiry having been made to find the said without effect. Name of proprietors of adjoining lands. 2. The notices attached hereto are true copies of the several notices served on the said several proprietors of the lands adjoining the land described in the said Schedule. ………………… (Deponent) Sworn to by the said at on the day of 20 , before A Commissioner for Oaths or A Justice of the Peace SCHEDULE ____________________ 34 General Registry BELIZE FORM 10 [Rule 15] GENERAL REGISTRYACT and GENERAL REGISTRY RULES Notice of application for a First Certificate of Title Name, address and occupation of applicant. To WHOM IT MAY CONCERN: TAKE NOTICE THAT has applied for the issue of a first certificate of title to the land, estate, interest, power or right described in the Schedule to this notice and that any person who claims to be entitled to the said land, estate, interest, power or right, or who would be unlawfully prejudiced by the issue of the said first certificate in respect of the description of the said land, estate, interest, power or right, may file in the Registry, and deliver a copy thereof to the applicant within fourteen days from the date thereof, a notice of objection to the issue of a first certificate of title to the said land, estate, interest, power or right in accordance with the provisions of the General Registry Rules, and thereafter proceed to have the said objection heard and determined in manner prescribed by the said Rules. Dated this day of 20 . Registrar General SCHEDULE Describe fully the said land, estate, interest, power of right. General Registry 35 BELIZE FORM 11 [Rule 15] GENERAL REGISTRYACT and GENERAL REGISTRY RULES Advertisement in “Gazette” of Application for First Certificate of Title to Land, etc NOTICE is hereby given that Name, address and description of applicant. has applied for the issue of a first certificate of title to the land, estate, interest, power or right described in the Schedule to this notice. ANY PERSON who claims to be entitled as owner or otherwise to the said land, estate, interest, power or right, or who may be unlawfully prejudiced by the description of the said land, estate, interest, power or right, may file in the Registry, and deliver a copy thereof to the applicant within fourteen days from the date hereof, a written notice of objection to the issue of a first certificate of title to the said land, estate, interest, power or right in accordance with the provisions of the General Registry Rules and thereafter proceed to have the said objection heard and determined in manner prescribed by the said Rules. Dated this day of 20 . Registrar General Describe fully the said land, estate, interest, power or right. SCHEDULE ____________ 36 General Registry BELIZE FORM 12 [Rule 17] GENERAL REGISTRYACT and GENERAL REGISTRY RULES Notice of Objection to the issue of a First Certificate of Title to Land, etc. Set out the description of the land, estate, interest, power or right. IN THE MATTER OF the application No. of 20 for the issue of first certificate of title to State name, address and occupation of objector. I, hereby object to the issue of a first certificate of title to the land, estate, interest, power or right described above on the grounds and for the reasons following: 1. Here set out particulars of the grounds of the objection in full so as to enable the applicant to learn the case he has to meet. Dated this day of 20 . Objector Name and address of applicant. To The Registrar General And _______________ General Registry 37 BELIZE FORM 13 [Rule 19] GENERAL REGISTRYACT and GENERAL REGISTRY RULES Statement of Existing Legal Charges and Incumbrances I, Make the following statement under Rule 19 of the General Registry Rules: 1. That I am the owner of the land, estate, interest, power or right described in the Schedule to this statement. 2. That the following legal charges and incumbrances now bind the said land, estate, interest, power or right in respect of which I am applying for a first certificate of title: Name, address and occupation of applicant. Here set out with full particulars all legal charges and incumbrances binding on the land. 3. There does not exist in favour of any person or person any other legal charge or incumbrance binding on the said land, estate, interest, power or right. Dated this day of 20 . Applicant 38 General Registry BELIZE FOLIO NO. VOLUME FORM 14 [Rule 20] GENERAL REGISTRYACT and GENERAL REGISTRY RULES First Certificate of Title NOTINGS Sate name, address and occupation of registered proprietor. KNOW ALL MEN to whom these present shall come that is (or are) the registered proprietors (or proprietors) of Set out full description of the parcels. subject, nevertheless, to the legal charges and incumbrances which are noted in the margin hereof or endorsed hereon. IN FAITH AND TESTIMONY WHEREOF I have hereunto subscribed my signature and affixed the seal of this day of 20 . at the General Registry. Registrar General ______________ General Registry 39 BELIZE FORM 15 [Rule 22] GENERAL REGISTRYACT and GENERAL REGISTRY RULES Application for Transfer of Title to Land, Estate, Interest, Power or Right Sate name, address and occupation of applicant. hereby apply for the issue in my name of a certificate of title to the land, estate, interest, power or right comprised in the certificate of title dated the day of 20 , and registered in the “Land Titles Register” Volume , Folio No. now in the name of Sate whether first or transfer certificate. as registered proprietor, a description whereof is set out in the Schedule hereto, and I submit in support of my application the following documentsName of registered proprietor. 1. a memorandum of transfer to me of the said land, estate, interest, power or right executed by the registered proprietor; 2. a certificate of title Folio No. showing the title of the transferor; 3. affidavits showing the amount of the purchase money by the seller and the buyer; 40 General Registry FORM 15 (cont.) If no consideration passes for the transfer use paragraph 4. [4. an affidavit of the true value of the land, estate, interest, power or right to be transferred.] Dated this day of 20 . Applicant SCHEDULE Insert description of land here. ______________ General Registry 41 BELIZE FORM 16 [Rule 23] GENERAL REGISTRYACT and GENERAL REGISTRY RULES Memorandum of Transfer on Sale Insert name, address and occupation of transferor. I, registered proprietor of all as the same is set out, bounded and described in the certificate of title in my favour dated the day of 20 , and registered in the “Lands Titles Register” Volume Folio No. , in consideration of the sum of dollars paid to me by the receipt whereof I hereby acknowledge, do hereby transfer the said land, estate, interest, power or right to and in favour of the said And consent to the noting hereof by the Registrar General and the cancellation of the certificate of title in my favour, and that a new certificate of title to the said land, estate, interest, power or right should be issued to the said For the doing of all of which I hereby authorise and grant warrant to the Registrar General accordingly. Insert name description of land, etc., from certificate. Insert name of transferor. Insert name, address and occupation of transferee. Insert name of transferor. GIVEN UNDER MY HAND this day of 20 . Transferor Signed in the presence of the following witnesses: 1. ………………………….. 2. ………………………….. 42 General Registry BELIZE FORM 17 [Rule 23] GENERAL REGISTRYACT and GENERAL REGISTRY RULES Memorandum of Transfer on Sale of Portion of Land, etc., in a Certificate of Title I, State name, address and occupation of transferor. Insert description of land, etc. being the registered proprietor of all as the same is bounded and described in the certificate of title in my favour registered in the “Land Titles Register” Volume Folio No. in consideration of the sum of dollars paid to me by Insert name, address and occupation of transferee. the receipt of which I hereby acknowledge, do hereby transfer to the said Insert name of transferee. the following portion of land, estate, interest, power or right, that is to say, Insert portion of land, etc., to be transferred. AND I do by these presents consent to the cancellation by the Registrar General of the certificate of title in my favour, and to a new certificate of title being issued to me for the portion of the said land remaining after deduction of the above-described portion which land will then be bounded as follows: Insert description of remaining portion of land, etc. AND for so doing, noting and registering all that is necessary in the premises, I hereby authorize and grant warrant to the Registrar General accordingly. GIVEN UNDER MY HAND this day of 20 . Transferor General Registry 43 BELIZE FORM 18 [Rule 23] GENERAL REGISTRYACT and GENERAL REGISTRY RULES Affidavit of Seller of Land, etc I, Make oath and say as follows: Name, address and occupation of seller. 1. That on the day of 20 , I sold to the property herein described, that is to say and that the full and true consideration passing to me for the sale is the sum of dollars. Name, address and occupation of buyer. Description of land sold. Name of buyer. 2. I further state that there is not any agreement, condition or undertaking between me and the said whereby he is to pay or has paid to me or to any other person whomsoever for on in respect of or in connection with the purchase by him of the said property except certain expenses under Rule 46 of the General Registry Rules. 3. I further state in respect of the said sale that I have not received and that I am not to receive nor has any other person received nor is any other person to receive for my use or benefit or at my instance or request any valuable consideration besides the said sum of dollars. Sworn to by the said on the day of 20 . Before me A Commissioner for Oaths or A Justice of the Peace 44 General Registry BELIZE FORM 19 [Rule 23] GENERAL REGISTRYACT and GENERAL REGISTRY RULES Affidavit of Buyer of Land, etc Insert name, address and occupation of buyer. I, Make oath and says as follows: Name of seller. 1. That on the day of 20 , I bought from the property herein described Insert description of land, etc. And that the full and true consideration paid or to be paid by me for the property whether to the said Name of seller. Or to any other person in connection with the sale is the sum of dollars. 2. And I further state that I have not nor has any other person to my knowledge on my account paid nor is there by me or on my behalf to be paid any other valuable consideration for or in respect of or in connection with the transfer to me of the said property, except certain expenses under Rule 46 of the General Registry Rules. Name of buyer. Sworn to by the said on the day of 20 , before me A Commissioner for Oaths or A Justice of the Peace General Registry 45 BELIZE FOLIO NO. VOLUME FORM 20 [Rule 24] GENERAL REGISTRYACT and GENERAL REGISTRY RULES Transfer Certificate of Title NOTINGS Insert name, address of transferor. Name and address of transferee. KNOW ALL MEN to whom these presents shall come that by transfer effected by of (occupation) , of (occupation) , has [or have] become and is [or are] the registered proprietor [or proprietors] of Set out full description of the parcel. subject, nevertheless, to the legal charges and incumbrances which are noted herein, or endorsed hereon. IN FAITH AND TESTIMONY WHEREOF I have hereto subscribed my signature and affixed the seal of this day of 20 . Registrar General 46 General Registry BELIZE FORM 21 [Rule 27] GENERAL REGISTRYACT and GENERAL REGISTRY RULES Deed of Lease for a Term of Ten Years and Upwards THIS DEED OF LEASE made this day of 20 . at in Belize BETWEEN Hereinafter called the lessor of the one part and Hereinafter called the lessee of the other part: WITNESSETH as follows: 1. The lessor being the registered proprietor of the land, estate, and interest comprised in the Certificate of Title dated the day of 20 , in the “Land Titles Register” Volume , Folio No. , in consideration of the payment of dollars doth hereby grant and demise the land, estate and interest set out in the Schedule hereto unto the lessee to have and to hold for the term of years commencing from the day of 20 . 2. The Lesse shall pay to the lessor the rent on the 3. The following covenants shall bind the lessor: Name, address and occupation of lessor. Name, address and occupation of lessee. State whether First or Transfer Certificate. Here set out the consideration for the grant of the term. Set out date on which rent is due to be issued. Set out in paragraphs the covenants, agreements, conditions and stipulation binding on the lessor (if any). General Registry 47 FORM 21 [Cont.] 4. The following covenants shall bind the lessee: Set out in paragraphs the covenants, agreements, conditions and stipulations binding on the lessee (if any). IN WITNESS WHEREOF the lessor and lessee have signed and sealed this Deed in the presence of the subscribing witnesses. ……………………… (lessor) ……………………… (lessee) Witnesses: 1. ……………………….. 2. ………………………. SCHEDULE ___________ 48 General Registry BELIZE FOLIO NO. VOLUME FORM 22 [Rule 28] GENERAL REGISTRYACT and GENERAL REGISTRY RULES Certificate of Title to Term of Years NOTINGS KNOW ALL MEN to whom these presents shall come that Name, address and occupation of grantee of the term. Is [or are] the registered proprietor [or proprietors] of a term of years granted to him by Name, address and occupation of grantor of the term. under a deed of lease, a certified copy whereof is attached to this certificate subject, nevertheless, to the legal charges and incumbrances which are noted in the margin hereof or endorsed hereon. IN FAITH AND TESTIMONY WHEREOF I have hereto subscribed my signature and affixed the seal of this day of 20 . Registrar General General Registry 49 BELIZE FORM 23 [Rule 32] GENERAL REGISTRYACT and GENERAL REGISTRY RULES Deed creating Easement, Right or Privilege THIS DEED made the day of 20 at Name, address and occupation of grantor. in Belize BETWEEN hereinafter called the grantor of the one part and hereinafter called the grantee of the other part Name, address and occupation of grantee. WITNESSETH as follows: State whether First or Transfer Certificate. WHEREAS the grantor in under Certificate of Title dated the day of 20 , the registered in the “Land Title Register” Volume , Folio No. , the registered proprietor of the land, estate and interest fully described in Part I of the Schedule hereto. State whether First or Transfer Certificate. AND WHEREAS the grantee is under Certificate of Title dated the day of 20 , registered in the “Land Titles Register” Volume , Folio No. , the registered proprietor of the land, estate and interest fully described in Part 11 of the Schedule hereto. AND WHEREAS the parties have agreed that the grantor shall create an easement, right or privilege over and upon the grantor’s land in favour of the grantee’s land. NOW THEREFORE THIS DEED WITHNESSTH as follows: 50 General Registry FORM 23 [Cont.] Set out in full the easement, right or privilege granted. 1. The grantor in consideration of the sum of dollars paid to him by the grantee hereby grants to the grantee over and upon the land described in Part I of the Schedule hereto for the benefit of the grantee and all subsequent registered proprietors of the land described in Part II of the said Schedule. Set out agreements, conditions and stipulations binding on the grantor (if any). 2. The grantor shall give effect to the following agreements, conditions and stipulations: Set out agreements, conditions and stipulations binding on the grantee (if any). 3. The grantee shall give effect to the following agreements, conditions and stipulations. IN WITNESS WHEREOF the parties have signed and sealed this Deed in the presence of the following witnesses: …………………………. (grantor) …………………………….. (grantee) Witnesses: 1. ………………………….. 2. …………………………. SCHEDULE Description of servient land, etc. Description of dominant land, etc. PART 1 PART II General Registry 51 BELIZE FOLIO NO. VOLUME FORM 24 [Rule 33] GENERAL REGISTRYACT and GENERAL REGISTRY RULES Certificate of Title to Easement, Right or Privilege NOTINGS KNOW ALL MEN to whom these presents shall come that Insert name, address and occupation of grantee. is [or are] the registered proprietor [or proprietors] of an easement, right or privilege as follows: granted by the registered proprietor of the land comprised in the certificate of title dated the day of 20 , and registered in the “Land Titles Register” Volume , Folio No. , and described in a deed dated subject, nevertheless, to the legal charges and incumbrances which are noted in the margin hereof or endorsed hereon. IN FAITH AND TESTIMONY WHEREOF I have hereto subscribed my signature and affixed the seal of this day of 20 . State the easement, right or privilege. Registrar General 52 General Registry BELIZE FORM 25 [Rule 34] GENERAL REGISTRYACT and GENERAL REGISTRY RULES Memorandum of Transfer of a Right of Way Insert name, address and occupation of transferor. Describe the servient land. I, being registered proprietor of all as the same is fully set forth bounded and described in the certificate of title dated day of 20 , and registered in Volume , Folio No. , in the “Land Titles Register”, in consideration of the sum of dollars paid to me by the registered proprietor of do hereby transfer to the said and all subsequent registered proprietors of the said land last above described, a right of way through and over the land first above described as follows: Insert name, address and occupation of transferee. Describe the dominant land or estate and date of certificate of title and volume in which registered. Describe accurately the right of way and if required attach plan of right of way transferred. AND I consent that the said right of way be noted on or added by the Registrar General to a certificate of title to the lands above described and to form part of the title of the registered proprietor of the said last above-described land in all time to come. General Registry 53 FORM 25 [cont.] AND for all that is necessary to be done in the premises I authorise and grant warrant to the Registrar General accordingly. GIVEN UNDER MY HAND this day of 20 . …………………………. (Transferor) Signed in the presence of The following witnesses: 1. ………………………… 2. ……………………….... 54 General Registry BELIZE FORM 26 [Rule 35] GENERAL REGISTRYACT and GENERAL REGISTRY RULES Deed creating Charge by way of Legal Mortgage Insert name, address and occupation of mortgagor. Insert name, address and occupation of mortgagee. THIS DEED OF MORTGAGE is made BETWEEN hereinafter called the mortgage of the one part, and hereinafter called the mortgagee of the other part. WHEREAS the mortgagor is the registered proprietor of the land, estate, interest, power or right all as fully set forth, bounded and described in the certificate of title dated the day of 20 , registered in the “Land Titles Register” Volume Folio No. , and also set out in the Schedule hereto: AND WHEREAS the mortgagee has agreed to lend and advance to the mortgagor the sum of dollars and the mortgagor has agreed to create a charge by way of legal mortgage as security for repayment of the said sum of money lent and advanced: CAP. 190. Now THEREFORE in consideration of the sum of dollars now paid by the mortgagee to the mortgagor (the receipt whereof is hereby acknowledged) this deed of mortgage executed pursuant to section 65 of the Law of Property Act witnesseth as follows: 1. The mortgagor hereby covenants with the mortgagee to repay the principal sum and to pay all interest and other monies General Registry 55 FORM 26 (cont.) payable under this mortgage at the times and in the instalments as follows: 2. The mortgagor as beneficial owner hereby charges by way of legal mortgage all and singular the property mentioned in the Schedule hereto with the payment to the mortgagee of the principal money, interest and other money hereby covenanted to be paid by the mortgagor, subject to the provisions of the Law of Property Act. State whether first, second or third legal mortgage. CAP. 190. 3. The mortgagor hereby requests and authorises the Registrar General to register the said charges by way of legal mortgage in the Land Charges Register, and to note this mortgage on the certificate of title dated the day of 20 , registered in the “Land Title Register” Volume , Folio No. . IN WITNESS WHEREOF the mortgagor and the mortgagee have signed and sealed this deed of mortgage on the day of 20 , at in Belize. .……………………… (Mortgagor) ………………………... (Mortgagee) Witnesses to the signature of the Mortgagor and mortgagee. 1. ……………………………... 2. ……………………………. Full description of land mortgaged according to a certificate of title. SCHEDULE 56 General Registry BELIZE FORM 27 [Rule 36] GENERAL REGISTRYACT and GENERAL REGISTRY RULES Application to Register Legal Charges and Incumbrances Here set out names, addresses and occupations of mortgagor and mortgagee. WE, and hereby apply for the registration of a charge by way of legal mortgage as set out in the deed of mortgage dated the day of 20 , filed herewith and in support of our application we submit the following– (a) deed of mortgage between Mortgagor and Mortgagee; (b) a certificate of title showing the title of the mortgagor to the land, estate and interest charged under the said mortgage. Dated this day of 20 . .……………………… (Mortgagor) ………………………... (Mortgagee) General Registry 57 BELIZE FORM 28 [Rule 37] GENERAL REGISTRYACT and GENERAL REGISTRY RULES Assignment of Mortgage THIS DEED OF ASSIGNMENT OF MORTGAGE made the day of 20 , BETWEEN Insert name, address and occupation of mortgagee. Insert name, address and occupation of assignee. hereinafter called the assignor of the one part, and hereinafter called the assignee of the other part. WHEREAS the assignor is the holder of a certain deed creating a charge by legal mortgage upon executed by on the day of 20 , and registered in the Land Charges Register Volume , Folio No. : Set out the description of the land mortgaged. Insert name, address and occupation of mortgagor. Now THEREFORE in consideration of the sum of dollars paid by the assignee to the mortgagee (the receipt whereof is hereby acknowledged) the mortgagee as beneficial owner hereby under section 79 of the Law of Property Act assigns to the assignee the said mortgage and the benefit thereof including the right to the legal charge upon the said property under the said deed together with all the rights and powers conferred by the Law of Property Act for the purpose of recovering the principal money, interest and other money payable and secured by and under the said deed. 58 General Registry FORM 28 [cont.] AND THE MORTGAGE hereby requests and authorises the Registrar General to enter this assignment in the proper books of the Registry and to make all notings of this assignment as required by law. Signed and sealed by the mortgagee and the assignee this day of 20 , at in Belize. .……………………… (Mortgagor) ………………………... (Assignee) Executed in the presence of: 1. ……………………………… 2. ……………………………… General Registry 59 BELIZE FORM 29 [Rule 37] GENERAL REGISTRYACT and GENERAL REGISTRY RULES Deed of Cancellation of Mortgage THIS DEED OF CANCELLTION OF MORTGAGE made the day of 20 , BETWEEN Insert name, address and occupation of mortgagee. hereinafter called the mortgagee of the one part and Insert name, address and occupation of mortgagor. hereinafter called the mortgagor of the other part: Set out the description of the land, etc. WHEREAS the mortgagee is the holder of a deed creating a charge by way of legal mortgage upon executed by the mortgagor on the day of 20 , and registered in the Land Charges Register Volume , Folio No. AND WHEREAS the mortgagor has paid to the mortgagee or his assignee the full principal money and interest due therein as well as all other money payable under the said deed of mortgage and the mortgagee has no further claim or pretention of claim of under the said mortgage: CAP. 190. NOW THEREFORE the mortgagee pursuant to section 80 of the Law of Property Act in consideration of the payment of the sum of dollars being all the money due and payable to him under the said deed hereby cancels and discharges the charge created by the said deed upon the said land, and forever acquits the mortgagor, his legal representatives and assigns from any further obligation under the said deed of mortgage. 60 General Registry FORM 29 [cont.] AND THE MORTGAGEE hereby requests and authorises the Registrar General to enter this cancellation in due form in the Land Charges Register and remove the noting of the said mortgage from the certificate of title in favour of the said mortgagee or his assigns. IN WITNESS WHEREOF, the parties have signed and sealed this Cancellation in the presence of the subscribing witnesses. .……………………… (Mortgagor) ………………………... (Mortgagor) Witnesses: 1. ……………………….. 2. ……………………….. General Registry 61 BELIZE FORM 30 [Rule 38] GENERAL REGISTRYACT and GENERAL REGISTRY RULES Deed of Incumbrance THIS DEED OF INCUMBRANCE entered into BETWEEN Insert name, address and occupation of incumbrancer. hereinafter called the incumbrancer of the one part and Insert name, address and occupation of incumbrancee. hereinafter called the incumbrancee of the other part: SHOWETH as follows: 1. The incumbrancer being the registered proprietor of the land, estate and interest as set forth, bounded and described in the Schedule hereto and in the certificate of title in his favour dated the day of 20 , and registered in Volume Folio No. , of the “Land Titles Register”, in consideration of the payment to him of the sum of dollars by the incumbrancee and other causes and considerations him thereunto moving doth hereby constitute an incumbrance on the said land in favour of the incumbrancee, the said incumbrance being Set out fully the incumbrances. AND THE INCUMBRANCER hereby requests and authorises the Registrar General to enter the said incumbrance in the proper books of the Registry and to note the same on the certificate of title according to law. 62 General Registry FORM 30 [cont.] IN WITNESS WHEREOF the parties have signed and sealed these presents in the presence of the following witnesses: ………………………… (Incumbrancer) ………………………… (Incumbrancee) Witnesses: 1. …………………………… 2. ……………………………. ______________________ General Registry 63 SECOND SCHEDULE PART I FEES PAYABLE TO THE REGISTRAR UNDER THE RULES Certificate of Title $ c 1. To cover all work and services done and rendered in the Registry in issuing a first certificate of title and in respect of the filing of applications and all accompanying documents under the rules and all interviews necessary to investigate the title, payable on the making of an application for the issue of a first certificate of title to any land, estate, interest, power or right the value of which, actual or estimatedFirst certificate. (a) does not exceeds $250………………………. 2.00 (b) exceeds $250 but does not exceeds $1,500…… 4.00 (c) exceeds $1,500 but does not exceeds $3,000…. 7.50 (d) exceeds $3,000 but does not exceeds $5,000… 10.00 (e) exceeds $5,000……………………………... 20.00 2. Certified extract from the register kept under the Lands Title Registry Ordinance (1924 Rev. Cap. 215)………….....0.25 Certified copy. 3. To cover all work and services done and rendered in the Registry in issuing a transfer certificate of title and in respect of the filing of the application accompanying documents under the rules and all interviews necessary to Transfer certificate. 64 General Registry investigate the title, payable on the making of an application for a transfer certificate of title to any land, or for a certificate of title to a term of years or to an easement, right or privilege, or for a transfer of any land to give effect to a deed of gift or settlement, the value of which, actual or estimated– (a) does not exceed $250 …………………………….. 5.00 (b) exceeds $250 but does not exceed $500………….. 7.50 (c) exceeds $500 but does not exceed $1,000………….. 10.00 (d) exceeds but $1,000 but does not exceeds $2,500….. 15.00 (e) exceeds $2,500 but does not exceed $5,000……….. 20.00 (f) exceeds $5,000 but does not exceed $7,500………... 25.00 (g) exceeds $7,500 but does not exceed $10,000……..... 30.00 (h) exceeds $10,000 but does not exceed $20,000…..… 45.00 (i) exceeds $20,000 but does not exceed $40,000……. 75.00 (j) exceeds $40,000 but does not exceed $50,000….… 100.00 (k) exceeds $50,000 – for every $5,000 or part of $5,000. over and above $50,000 in addition to the fee of $100 …………………………………………. 25.00 4. In the case of partition of land the value of each parcel shall be assessed on the affidavit of a competent valuer and fees paid on each parcel as a separate conveyance in accordance with the above scale. General Registry 65 SECOND SCHEDULE (cont.) $ c Mortgage and Other Charges and Incumbrances 5. To cover all work and services done and rendered in registering any mortgage or other charge or any incumbrance, and nothing the same on the proper certificate of title or for registering any debenture issued by a company, payable upon filing the application to register, where the amount of the mortgage principalMortgage, etc. (a) does not exceed $500……………………………… 5.00 (b) exceeds $500 but does not exceed $1,5000………. 10.00 (c) exceeds $1,500 but does not exceed $3,000……… 20.00 (d) exceeds $3,000 but does not exceed $5,000……… 25.00 (e) exceeds $5,000 but does not exceed $10.000…….. 50.00 (f) exceeds $10,000 - for every $5,000 or part of $5,000 over and above $10,00- in additional to the fee of $50 ………………………………………….. 10.00 Registration of Other Documents Assignments. 6. Registration of the assignment of a mortgage or other charge, debenture or incumbrance, including the noting of the assignment on the proper certificate of title66 General Registry SECOND SCHEDULE (cont.) (a) where the amount then due on the mortgage or other charge or incumbrace does not exceed $500 ………………………………... 2.50 (b) where the amount then due on the mortgage or other charge or the incumbrance exceeds $500, one-half of the amount which would have been paid of the transaction were the registration of a mortgage, charge or incumbrance 7. Registration of the cancellation of a mortgage or other charge or an incumbrance……………………………… 2.00 Cancellation. 8. Registration of a deed of lease for a term of ten years and upwards to be attached to a certificate of title to a term in addition to the fees payable for issue of the certificate…….. 9. Registration of a deed creating an easement, right or privilege to be attached to a certificate of title to an easement in addition to the fees payable on the issue of the certificate …………………………………………………. Other registration. 10. Registration of any other document in respect of which no other fee is prescribed ………………………………….. Recording of Deeds under Part VI of the Act Recorded deeds. 11. There shall be paid to the Registrar– (a) for recording any deed not being a deed to lead to the issue of certificate or title where the value of the property dealt with thereunderGeneral Registry 67 SECOND SCHEDULE (cont.) (i) does not exceed $250…………………................. 2.00 (ii) exceeds $250 but does not exceeds $1,500…….. 5.00 (iii) exceeds $1,500 but does not exceed $3,000……. 7.50 (iv) exceeds $3,000 but does not exceed $5,000……. 10.00 (v) exceeds $5,000…………………………………... 15.00 (b) for supplying a certified copy of any deed where the typescript is provided by the party applying therefor, a fee calculated at the rate of 15 cents per folio or part of a folio of 72 words. (c) for supplying a certified copy of any deed where the typescript is not provided by the party applying therefor, a fee calculated at the rate of 25 cents per folio or part of folio of 72 words. 1.00 (d) for every certificate of the Registrar certifying the correctness of any deed supplied as aforesaid ………………... 2.00 (e) for recording any plan, ,map or diagram ……………………………… 0.50 (f) for every search not exceeding one hour ………………………………….. 0.25 (g) and for every additional hour or part of any hour of search …………………... 68 General Registry (h) for any uncertified memorandum, made by the party searching, of the contents of any document …………… 0.50 (i) recording any power of attorney or deed containing a power to represent another person– (i) if for a particular occasion or a single transaction (ii) if generally Value of lease or licence. 12. The value of a lease for a term of less than ten years or a licence shall be the annual rent multiplied by the number of years comprising the term or licence. General Certified copies. 13. Supplying a certified copy of any document in the Registry in respect of which no other fee is prescribed, per folio of 72 words– (a) where the typescript is provided by the 0.15 (b) where the typescript is not provided by party applying therefor ………………. the party applying therefor …………… 0.25 Filing of documents. 14. Filling of any affidavit or other document, not being an affidavit or other document filed with an application for the issue of a certificate of title …………………….. Fess not prescribed. 15. All work or services to be done or rendered for which a fee is not prescribed by these Rules, a fee to be fixed by the Registrar no exceeding ……………..……. General Registry 69 16. For inserting any notice in the Gazette by the Registrar of an application for a certificate of title or any other notice required by these Rules to be published in the Gazette ……….. 10.00 PART II Costs of Attorney-at-law Performing Work under the Rules 1. Taking instructions for, drawing and all attendances at the Registry for filling all necessary documents to lead to the issue of a certificate of title to any land, estate, interest, power or right and for all consultations, interviews and investigations of title where the value of the land, estate, interest, power or rightCertificates of title. (a) does not exceed $250…………………………… 10.00 (b) exceeds $250 but does not exceed $500………… 15.00 (c) exceeds $500 but does not exceed $2,000………. 20.00 (d) exceeds $2,000 but does not exceed $5,000…….. 25.00 (e) exceeds $5,000 but does not exceed $10,000...….. 50.00 (f) exceeds $10,000 - for every $5,000 or part of 25.00 $5,000 over and above $10,000 in addition to the of $50 ………………………………….………… Other documents. 2. Taking instructions for, drawing and all attendances at the Registry for registering any document, not being a document to be filed with an application for a certificate of title, a fee not exceeding ……………………………………………………... 5.00 3. Taking instructions for, drawing and all attendances at Registry for registering any deed of mortgage or other charge, or of any incumbrance, where the amount of the principal money or the value, actual or estimated, of the incumbranceMortgage. 70 General Registry (a) does not exceed $500……………………….………… 10.00 (b) exceeds $500 but does not exceed $1,500…….……… 15.00 (c) exceeds $1,500 but does not exceed $3,000…………... 25.00 (d) exceeds $3,000 but does not exceed $5,000……….…... 40.00 (e) exceeds $5,000 but does not exceed $7,500……………. 50.00 (f) exceeds $7,500 but does not exceed $10,000……….…. 70.00 (g) exceeds $10,000 - for every $1,000 over and above $10,000 in addition to the fee of $70. …………………. 5.00 Assignment of mortgage, etc. 4. Taking instructions for, drawing and all attendances at the Registry for registering any assignment of any mortgage, charge or incumbrance, a fee not exceeding …………………………….. 15.00 Cancellation. 5. Taking instructions for, drawing and all attendances at the Registry for registering any cancellation of a mortgage, charge or incumbrance, a fee not exceeding …………………………………. Taxing costs. 6. In case of any dispute between an Attorney-at-Law and his client as to the proper charges under these Rules, the costs may, upon a proper bill being delivered by the Attorney-at-Law to the client, be taxed by the Registrar in accordance with the Rules of the Supreme Court and these Rules, and may be enforces in the ordinary manner as costs between Attorney-at-Lae and client are enforced under the law.
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