in the charge certificate. In all other cases the circumstances of the dealing will dictate whether or not the certificates of title should be produced. The Keeper’s authority to order production of a certificate of title for amendment or cancellation is governed by rules 17 and 18. Where production of a certificate of title is necessary, it will be amended to bring it into line with the amended title sheet. Where the dealing is a transfer of part the Keeper will open a new title sheet in respect of that part, and amend the existing title sheet to remove the interest being transferred. On completion of registration, the existing land  certificate, duly amended, will be re-issued  in  addition to  the  land certificate  for the part transferred. The  following  paragraphs  illustrate  that  the  rules  on  the  issue  of  land  certificates  are  not  entirely inflexible. Combination and division of title sheets 5.81 Rule 8 gives the Keeper power to combine two or more title sheets into one, or, to divide a title sheet  into  two  or  more  title  sheets.  The  Keeper  will,  however,  always  consult  the  agent  for  the applicant or the registered proprietor before embarking on either course of action. If the agent raises a strong argument against combining title sheets (or dividing a title sheet, as the case may be), the Keeper will proceed only in exceptional circumstances. For example, if a proprietor acquires additional property, the Keeper may insist on adding it to the proprietor’s existing title sheet rather than opening a new title sheet. On the other hand, a title sheet may become so voluminous as to make the resulting land certificate impossibly bulky. In such a case, the Keeper may decide to split the title sheet, and consequently the land certificate, into smaller, more manageable parts. Similarly, if several deeds of conditions are prepared, each relating to a different part of a large area contained in one title sheet, a separate title sheet may be prepared for each part. Certificate for scheme title 5.82  The  Keeper  offers  a  facility  which  is  available  to  anyone  acquiring  property  piecemeal  for redevelopment or other purposes. By arrangement with the Keeper, an applicant may indicate on a plan the extent of an area which the applicant is proposing to acquire by a series of transactions. The Keeper will then register each application for registration of a component part under one title number but he will delay issuing a land certificate until the whole area has been acquired. The land certificate eventually  issued  will  reflect  the  complete  acquisition  and  include  a  plan  of  the  whole  area  and rationalised rights and burdens. If at any time prior to completion, documentary evidence is required from the Keeper as to a part only of the larger area, he will issue an office copy in respect of that part. Indeed,  if  redevelopment  or  sale  of  a  part  of  the  area  is  contemplated,  land  certificates  can  be obtained for specified parts. Deposit of land certificate with Keeper 5.83 The land certificate relating to a developing estate should be deposited with the Keeper. This matter is discussed in detail in paragraph 4.43.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

	< Previous Page | Next Page >