Land Titles Act 1993 · 2020 Revised Edition · Part 6 · Instruments
56. Proprietor must execute instrument
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Except as provided in subsection (2), every instrument purporting to dispose of or to create an interest in registered land must be executed by the proprietor or proprietors thereof named in the land‑register at the time of registration of the instrument.
instrument
“instrument” includes a transfer, lease, mortgage, transmission application, charge and any other application, or any other document in writing relating to any disposition, devolution or acquisition of land or any claim to or vesting of interest in land;
This section does not prevent the registration of any instrument executed by —
the survivor or survivors of joint proprietors;
the personal representative of a deceased proprietor in severalty;
the attorney or other agent authorised in accordance with Part 16;
the sheriff or other officer of a court acting under a writ, order or decree of a court;
the proprietor under the proprietor’s lawfully altered name where such name is different from that registered in the land-register; or
any person empowered in that behalf, directly or indirectly, by this Act or any other written law or by an order of court.
Before registering any instrument executed by a person other than the proprietor named in the land-register, the Registrar may require production of the instrument, authority or evidence empowering or enabling that person to execute.
proprietor
“proprietor” means any person who appears from the land‑register to be the person entitled to an estate or interest in any land which has been brought under the provisions of this Act, and includes a mortgagee, chargee and lessee;