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Application under section 77 of Registration of
Titles Act
Constance Trowers
Registrar of Titles
Introduction:
- When contemplating this type of
application ensure:-
- Certificate of Title for the land is
registrar by Plan.
- Covenants prohibiting this type of
application have been modified/discharged.
- Check if the Plan shows any
encroachments on land not owned by
the applicant.
- Encroachments should be excluded from
lots on the plan or
acquired by the applicant before applying for the
Titles.
Unregistered portions appearing on the plans should be treated
the same way.
Depositing the plan at the Titles
Office:
- The pre-checked diagram, subdivision approval and, surveyor’s
declaration are submitted with a letter to Registrar requesting that the plan be
accepted for deposit and enclosing the registration fees ($250.00).
- In order to facilitate the process, the plan should be technically
correct.
- This is the responsibility of the commissioned land
surveyor
- The plan must conform to the subdivision approval, that is,
it should contain the same number of lots sanctioned by the subdivision
approval. Where land is in the name of UDC or
Ministry of Housing, subdivision approval from the local authority is not
required
- The subdivision approval submitted must be the original
bearing the signature and the Seal of the local authority or be a certified
copy thereof.
Ensure that the Volume and folio numbers appearing on the
approval is the same as that appearing on the diagram so that
there is no question that both documents relate to the same parcel
of land.
Ensure that where the conditions of approval indicate that
any lot is
to be splayed (or that an area for road improvement be reserved)
that this has been done on the plan.
Where the plan contains slight deviations from the
subdivision
approval, it is advisable that a letter from the local authority
sanctioning the deviation be obtained.
Peruse Resolution for conditions that conflict:-
eg. "There shall be
no Subdivision of the said land" and "No
subdivision of the said land without the approval of the Parish Council".
And Conditions that are irrelevant:-eg. Where no new roads are being
constructed but a condition has been imposed requiring a road Certificate.
Please note that where the Resolution contains restrictions
on the issuing
of Splinter Titles, a Registrar’s caveat will be lodged against
the Title to protect the interest of the local authority until a Certificate as
directed by
the Resolution is submitted to the Registrar releasing the lots.
Please note that if the resolution calls for Certification by
the local authority (Parish Council, KSAC) the Certificate must be signed by the
secretary of
the Parish Council or The Town Clerk in the case of the KSAC. A
certificate signed by the Superintendent of Roads and Works is only acceptable
where the resolution expressly calls for it.
Making
the Application for Splinter Titles:
The application is made by the registered proprietor of the
land and is
made by the way of a statutory declaration.
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The Declaration inter alia must describe the land the
subject of the application.
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State the value of the lots (and we do ask that a
reasonable value
be stated)
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State the plan examination number, the deposited plan
number and
or date of deposit
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State the lots for which the Titles are being applied for
together with
the respective share in any Common area where applicable.
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Where mortgages are on the Title, the application must be
expressed to be subject to the same unless discharge of mortgages are being
submitted.
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Where the land is owned by a Company, the Company should
make the application and the rest of the declaration be made by the
directors
or appropriate Officer authorized. Such persons must expressly state that they
have been duly authorized to make the declaration on behalf of the company.
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The declaration should end :- “and I make this solemn
declaration conscientiously believing the same to be true Under and by virtue
of the Voluntary Declaration Act”
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The document is then signed by the
company by its
authorized
officers and the seal affixed if applicable. It is also signed by the
authorized Officers making the declaration.
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All statutory declarations are witnessed by a Justice of a
Peace in Jamaica and a notary Public or Vice Counsel abroad.
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A certificate from an appropriate officer is to be affixed
where a Notary in a foreign country has witnessed the document. This because
their appointments are not permanent and can be revoked at any time. The
Registration of Title Act requires certification that at the time that
they
executed the document, their commissions were still in force
Signing Under
Power of Attorney:
The attestation clause should
read:
eg:
"Signed by XY Co.
by its Attorney CD
Under Power of Attorney
#6532
{Deposited in Office of
Titles on the}
{_______day of
________2002 }
It is not required
that the date of recording at Titles Office be stated, but if
it is, please ensure that it is correctly stated.
General:
Keep signed copies of all documents lodged at the Titles
Office, ie BP
Plans Road Certificate, signed applications, Titles and survey
diagrams.
Easements/Right of Way—These are grants of interests in
land and so are required to be the subject of a grant of transfer and cannot be
properly imposed by the inclusion in a surrender application.
As mentioned before ensure that covenants on the title have
been modified
to permit the type of subdivision:-
Eg. Land shall not be subdivided or single family house only
to be erected
on land.
It the surrender relates to a strata Plan or Town House
development etc. ensure covenants in town house developments which of necessity
have
party walls.
Easements,
Covenants:
Some parent titles have ancient rights and reservations which
were
obviously relevant to the parcel before it was subdivided into lots.
It should be determined whether it is desirable that these
encumbrances
be carried on the splintered titles if they should be removed so
that they do not clutter the splinter title unnecessarily.
Strata Plans:
The
regulations to the Registration (Strata Titles Act) require that
SP
should not be creased, (folded) and be free from discoloration and
blemishes.
They may be rejected for this.
The
stamp of the local authority must appear on each strata sheet.
Sheets
15 1/2 in Length by 10" in width, Margin 1 1/2 on left side
and
1/2" on right side, top and bottom.
surveyors
Certificate should be completed and signed.
Unit
entitlement must be in whole numbers.
Address
for service must be stated on the strata plan.
Strata
Corporation - comes into operation once the plan is registered
in the Office of Titles.
Prepared for presentation to Jamaica Mortgage Bank Housing Development
seminar on Tuesday March 26, 2002
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