28. Registration of instruments
Feedback & supportThe Registrar shall register any instrument which is in order for registration by endorsing a memorial thereof on the folio of the land-register, or, in the case of an instrument affecting only a registered mortgage, charge or lease, by endorsing a memorial thereof on the mortgage, charge or lease.
Registrar
“Registrar” means the Registrar of Titles appointed pursuant to this Act.
Two or more instruments which affect the same land and which are awaiting registration shall be registered in the order which will give effect to the intentions of the parties as expressed in or apparent from the instruments:Provided that where the intentions of the parties under the instruments appear to the Registrar to conflict the instruments shall be registered in the order in which they were lodged in registrable form, or were made registrable, as the case may be.
land
“land” means the surface of any defined parcel of the earth, and all substances thereunder, and so much of the column of air above the surface as is reasonably necessary for the proprietor’s use and enjoyment, and includes any estate or interest in land and all vegetation growing thereon and structures affixed thereto. Subject to any provision to the contrary the proprietorship of land includes natural rights to air, light, water and support and the right of access to any highway on which the land abuts;
For the purposes of subsection (2), an instrument is not registrable if any material correction, alteration or addition is necessary, nor, except as provided in section 33, if the person acquiring title under it has not custody or control of the duplicate instrument of title.
duplicate
“duplicate”, in relation to the land-register, includes any authorised form of duplication or reproduction;
A memorial of registration shall contain the serial number or symbol of the instrument, a description of its nature and effect and of the person acquiring title under it, and the day and time of its registration, and shall be signed by the Registrar and sealed.
When a memorial of registration has been signed by the Registrar and sealed, the person named therein as taking an estate or interest becomes the proprietor of that estate or interest.
interest
“interest”, in relation to land, means any interest in land recognised as such by law, and includes an estate in land;
The Registrar, on being satisfied that any entry in the land-register has ceased to affect the land to which it purports to relate, may of his own motion cancel that entry.[24