Land Registration Act
- Commenced on 1 January 1967
- [This is the version of this document as it was at 1 December 2014 to 16 October 2022.]
Part I – Preliminary
1. Short titleThis Act may be cited as the Land Registration Act.
2. InterpretationIn this Act, except where the context otherwise requires—"charge" means a mortgage charging land for securing the payment of money or money’s worth or the fulfillment of any condition and includes a legal charge and the instrument creating a charge;"chargee" means the proprietor of a charge;"chargor" means the proprietor of charged land or of a charged lease;"company" includes a société having corporate existence;"dealing" includes disposition and transmission;"Director of Surveys" means the person appointed as the Director of Surveys for the purposes of the Land Survey Act;"disposition" means any act by a proprietor whereby his rights in or over his land, lease or charge are affected, but does not include an agreement to transfer, lease or charge;"easement" means a servitude and includes the right of occupation;"file" means place in the relative parcel file;"the Government" means the Government of Seychelles;"instrument" includes any deed, judgment, decree, order or other document requiring or capable of registration under this Act;"interest" in land includes ownership of land;"land" includes land covered with water, all things growing on land and buildings and other things permanently affixed to land and also an undivided share in land;"land register" means the land register compiled under Division 2 of Part II of this Act;"lease" means the grant, with consideration, by the proprietor of land of the right to the exclusive possession of his land and includes the right so granted and the instrument granting it, and also includes a sublease, but does not include an agreement for lease;"lessee" means the holder of a lease;"lessor" means the person who has granted a lease or his successor in title;"legal charge" means a legal mortgage or a privilege over immovable property arising under the law in favour of any person, of the Government or the Republic or of any statutory body;"parcel" means an area of land—(a)separately delineated on the registry map; or(b)separately shown and identified by number on a demarcation map within the meaning of Adjudication of Title Decree."prescribed" means prescribed by rules made under this Act;"presentation book" means the presentation book kept paragraph (d) of section 4;"proprietor" means—(a)in relation to land, a lease or a usufructuary interest, the person named in the register as the proprietor thereof; and(b)in relation to a charge, the person named in the register as the person in whose favour the charge is made;"to register" means to make an entry, note or record in the register under this Act, and "registered", "unregistered" and "registration" bear a corresponding meaning;"the Registrar" means—(a)the Land Registrar appointed under subsection (1) of section 5;(b)where an Assistant Land Registrar has been authorised under subsection (3) of section 5 to exercise or perform any particular power or duty, that Assistant Land Registrar so far as concerns that power or duty;"registration district" means a registration district constituted under subsection (1) of section 15;"registry" means the land registry established under section 4;"registry map" means the map or series of maps referred to in subsection (2) of section 15;"statutory body" means a statutory body prescribed as such for the purposes of this Act;"surveyed" means surveyed to the satisfaction of the Director of Surveys;"transfer" means the passing of land, a lease or a charge by act of the parties and not by transmission or operation of law, and also the instrument by which such passing is effected;"transmission" means the passing of land, a lease or a charge from one person to another on death, by will or intestacy, by operation of law, on brankruptcy or insolvency or otherwise howsoever, and includes the compulsory acquisition of land under any written law;"usufructuary interest" means a usufructuary interest as defined in paragraph (d) of section 20;"valuable consideration" includes marriage, but does not include a nominal consideration.
3. Reconciliation with other lawsExcept as otherwise expressly provided in this Act, no other written law relating to land shall apply to land registered under this Act so far as it is inconsistent with this Act; but save as aforesaid any written law relating to land, unless otherwise expressly or by necessary implication provided by this or any other Act, shall apply to land registered under this Act whether expressed so to apply or not:Provided that nothing contained in this Act shall be construed as permitting any dealing which is forbidden by the express provisions of any other written law or as overriding any provision of any other written law requiring the sanction or approval of any authority to any dealing.
Part II – Organization and administration
Division 1 – Land registry and officers
4. Land registryThere shall be established and maintained in Victoria a land registry, in which there shall be kept—
5. Appointment of officers
6. General powers of RegistrarThe Registrar may exercise the following powers in addition to any other powers conferred on him by this Act, that is to say:—
7. Indemnity of officersThe Land Registrar and any other officer of the Registry shall not be liable to any action, suit or proceedings for or in respect of any act or matter in good faith done or omitted to be done in exercise or supposed exercise of the powers given by this Act.
8. Seal of registry and evidence
Division 2 – The land register
9. The land register
10. Compilation of and register
11. Nature of title on first registration
12. Manner of registrationRegistration shall be effected by an entry in the land register in such form as the Registrar may from time to time direct and by the cancellation of the entry, if any, which it replaces.
13. New editions of registerThe Registrar may at any time open a new edition of a register, showing only subsisting entries and omitting therefrom all entries that have ceased to have effect.
14. Cancellation of obsolete entriesThe Registrar may cancel any entry in the register which he is satisfied has ceased to have any effect.
Division 3 – Maps, parcels and boundaries
15. Registry map
16. Power to alter registry map and to prepare new editions
17. Further surveysThe Registrar may cause a survey to be made for any purpose connected with this Act.
18. Combinations and subdivisions
19. ReparcellationThe Registrar may, on the application of the proprietors of contiguous parcels who are desirous of changing the layout of their parcels, and with the consent in writing of all other persons in whose names any right or interest in such parcels is registered and of any cautioner, cancel the registers relating to such parcels and prepare new registers in accordance with the revised layout:Provided that where in the opinion of the Registrar a proposed reparcellation involves substantial changes of ownership which should be effected by transfers without invoking this section, he may, in his discretion, refuse to effect such reparcellation.
Part III – Effect of registration and conversion of title
20. Interest conferred by registrationSubject to the provisions of this Act—
21. Conversion of qualified into absolute title
22. Application of this Act to usufructuary interestThe provisions of this Act, shall apply to usufructuary interests in the same manner as they apply to leases, and, where the context so admits, the words "lease", "lessor" and "lessee", shall be deemed to included a usufructuary interest and the proprietors of the land and of the usufructuary interest therein, respectively.
23. Rights of proprietorThe rights of a proprietor, whether acquired on first registration or acquired subsequently for valuable consideration or by an order of the court, shall be rights not liable to be defeated except as provided in this Act, and shall be held by the proprietor free from all other interests and claims whatsoever, but subject—
24. Voluntary transferEvery proprietor who has acquired land, a lease or a charge by transfer without valuable consideration shall hold it subject to any action maintainable against the transferor or any other person in respect of such transfer and also to any unregistered rights or interests to which it may be subject, but save as aforesaid such transfer when registered shall in all respect have the same effect as a transfer for valuable consideration.
25. Overriding interestsUnless the contrary is expressed in the register, all registered land shall be subject to such of the following overriding interests as may for the time being subsist and affect the same without their being noted on the register:—
26. Entries to constitute actual noticeEvery proprietor acquiring any land, lease or charge shall be deemed to have notice of every entry in the register and of the provisions of every filed instrument relating to the land, lease or charge and subsisting at the time of acquisition.
Part IV – Searches and copies
27. Searches and copies
Part V – Dispositions
Division 1 - General
28. Subsequent dealingsNotwithstanding any provision contained in any other written law, no land, lease or charge registered under this Act shall be capable of being dealt with except in accordance with the provisions of this Act and every attempt to deal with such land, lease or charge otherwise than in accordance with the provisions of this Act shall be ineffectual to create, extinguish, transfer, vary or affect any right or interest in the land, lease or charge.
29. Protection of persons dealing in registered landNo person dealing or proposing to deal for valuable consideration with a proprietor shall be required or be in any way concerned—
30. Priority of registered interests
31. Merger of registered interestsWhere, upon the registration of a dealing the interest of—
Division 2 – Leases
32. LeasesSubject to the provisions of this Act, the proprietor of land may lease it, or part of it, to any person for a definite period or for the life of the lessor or of the lessee or for a period which though indefinite may be determined by the lessor or the lessee, and subject to such conditions as he may think fit:Provided that—
33. Registration of leasesEvery lease shall be in the prescribed form, and shall be completed by—
34. Future and conditional leasesNo lease purporting to commence on a date more than twenty-one years after the date of the instrument, or to take effect on the fulfillment of any condition, shall be registered.
35. Variation and extension of leasesThe terms of a lease may be varied, and the period may from time to time be extended by an instrument executed by the lessor and the lessee for the time being and registered before the expiration of the then current period of the lease.
36. Substitution of leasesWhere upon the presentation of a lease for registration the Registrar is satisfied that the lessee is the person registered as the proprietor of a prior lease in respect of the same land, he shall cancel the registration of the prior lease and register the new lease subject to the encumbrances registered against the prior lease.
38. Surrender of leases
39. Determination of leases
Division 3 – Usufructuary interests
40. Usufructuary interestsThe proprietor of land may grant a usufructuary interest therein by the execution of an instrument in the prescribed form.
Division 4 – Charges
41. Form and effect of charges
42. Mortgages and privileges at first registrationAny mortgage or privilege registered as subsisting at the time of first registration of any land or lease under this Act shall be deemed to be a charge made in accordance with the provisions of this Act.
43. Legal chargesThe Registrar shall, upon the application in writing of the officer or person responsible for obtaining or entitled to obtain the registration of a legal charge, register the same as a charge in the register of the land affected, and file the application.
44. Variation of chargesThe terms of a charge may be varied by the registration of an instrument of variation executed by the parties to the charge, but no such variation shall affect the rights of the proprietor of any subsequent charge unless he has consented to the variation in writing on the instrument.
45. Discharge of charge
Division 5 – Transfers
47. Transfer to take effect immediatelyA transfer shall not be expressed to take effect on the happening of any event or on the fulfillment of any condition or at any future time.
48. Conditions repugnant to interest transferred
49. Transfer of partNo part of land comprised in a register shall be transferred unless the proprietor has first subdivided the land and new registers have been opened in respect of each subdivision.
50. No transfer unless adjudication costs paidWhere a charge for the cots of a survey under the Adjudication of Title Decree has been registered under suction 43 no transfer of the land affected shall be registered unless the charge has been discharged under section 45(2).
51. Transfer subject to leaseA transfer of land which is subject to a lease shall be valid without the lessee acknowledging the transferee as lessor.
Division 6 - Easements and restrictive agreements
53. Restrictive agreements
54. Release and extinguishment of easements and restrictive agreements
Division 7 – Co-proprietorship and partition
55. Registration of proprietors in undivided sharesAn instrument made in favour of two or more persons, and the registration giving effect to it, shall show the undivided share of each proprietor.
56. PartitionUpon presentation of an order made by the Court directing partition of any land owned in undivided shares, or an application in the prescribed form for partition by all the proprietors of any such land, the Registrar shall give effect to such order or application by closing the register of the parcel partitioned and opening registers in respect of the new parcels created by the partition and filing the order or application.
Division 8 – Dispositions to aliens
57. Registration of the Republic as proprietor in cases of forfeiture
Part VI – Instruments and agents
58. Form of instruments
59. Execution of instruments
60. Verification of execution
61. What is to be done when parties cannot signWhen a party who is required to execute an instrument is unable to do so through ignorance or physical disability, he shall be deemed to have executed such instrument—
62. Notaries Act not to apply to instruments attested by a notaryThe Notaries Act shall not apply to instrument attested by a notary under section 60 and 61.
63. Effect of due attestationAn instrument the execution of which is duly attested in accordance with section 60 or section 61 shall be presumed, unless the contrary is shown, to have been duly executed by the parties thereto. The attestation shall be evidence of the facts set out therein and such facts shall be presumed to be true unless the contrary is shown.
64. Signature of person who attest presumed genuine without proof of official characterAn attestation purporting to have been signed by a person empowered under section 60 to attest the execution of an instrument shall, in the presence of proof to the contrary, be presumed to have been so signed without proof of the official character of such person.
65. Sufficient for instrument to be in conformity with provisions of this ActAn instrument drawn up and executed in accordance with the provisions of this Act and which in other respects complies with such provisions shall be valid and effectual notwithstanding the provisions of any other law relating to the form and validity of the transaction effected by such instrument.
66. Disposal of instruments
67. Minors, interdicted persons, and persons to whom a conseil judiciaire has been appointed
68. Institute (grevé) to be registered in cases of substitution
69. Agents, guardians, and legal administrators
70. Powers of attorney
71. Effect of registered power of attorney
Part VII – Transmissions
72. Transmission on death
73. Transmission on bankruptcy or insolvency
75. Transmission in other casesWhere the Republic or any authority or body duly constituted by law, or any person, has become entitled to any land, lease or charge under any law or by virtue of any judgment, decree, order or certificate of sale made or issued under any law, the Registrar shall, on application, supported by such evidence as he may require, register the Republic or such authority, body or person as aforesaid as the proprietor, and shall file the instrument.
Part VIII – Restraints on dispositions
Division 1 – Inhibitions
76. Power of Court to inhibit registered dealings
77. Effect of inhibitionSo long as an inhibition remains registered, no instrument which is inconsistent with it shall be registered.
78. Cancellation of inhibitionThe registration of an inhibition shall be cancelled in the following cases and in no others—
Division 2 – Cautions
79. Lodging of cautions
80. Notice and effect of caution
81. Withdrawal and removal of caution
82. Second caution in respect of same matterThe Registrar may refuse to accept a further caution by the same person or anyone on his behalf in relation to the same matter as a previous caution.
83. Wrongful cautionsAny person who lodges or maintains a caution wrongfully and without reasonable cause shall be liable, in an action for damages at the suit of any person who has thereby sustained damage, to pay compensation to such person.
Division 3 – Restrictions
85. Notice and effect of restrictions
86. Removal and variation of restrictions
Part IX – Prescription
87. Registration of title acquired by prescription
Part X – Rectification and indemnity
88. Rectification by Registrar
89. Rectification by Court
90. Right to indemnity
91. Amount of indemnityWhere an indemnity is awarded in respect of the loss of any interest in land, it shall not exceed—
92. Procedure for claiming indemnityThe Registrar may, on the application of any interested party, determine whether a right of indemnity has arisen under this part, and, if so, award indemnity, and may add thereto any costs and expenses properly incurred in relation to the matter.
93. Recovery of indemnity paidWhere any moneys are paid by way of indemnity under this part, the Government is entitled to recover by suit or otherwise the amount so paid from any person who has caused or substantially contributed to the loss by his fraud or negligence, and to enforce any express or implied agreement or other right which the person who is indemnified would have been entitled to enforce in relation to the matter in respect of which the indemnity has been paid.
94. Errors in survey
Part XI – Decisions of Registrar and appeals
95. Power of Registrar to state caseWhenever any question arises with regard to the exercise of any power or the performance of any duty conferred or imposed on him by this Act, the Registrar may state a case for the opinion of the court and thereupon the court shall give its opinion thereon, which shall be binding upon the Registrar.
97. Effect of appeal on dispositions
Part XII – Miscellaneous
98. Service of noticesA notice under this Act shall be deemed to have been served on or given to any person—
99. Meaning of "opportunity of being heard"
101. FeesThe prescribed fees shall be payable in respect of searched, survey plans, and all other matters connected with registration, and the Registrar may refuse registration until the fees are paid.
102. Recovery of fees and expensesUnpaid fees or expenses incurred by the Registrar shall constitute a debt due to the Government.
103. Enforcement of Registrar’s order for paymentAn order for the payment of a sum of money made by the Registrar under any power conferred by this Act may be executed and enforced as if it were a judgement of the Court.
104. RulesThe Minister may make rules generally to give effect to the purposes and provisions of this Act, and in particular and without prejudice to the generality of the foregoing, for prescribing the forms to be used under this Act and the fees payable for anything to be done thereunder, and for prescribing anything which under this Act may be prescribed.
105. Act to bind the Republic but without effect on prerogative of the President and other rights of the RepublicThis Act shall bind the Republic:Provided that nothing herein contained shall be construed to limit or curtail any prerogative right vested in the President under section 14 of the Seychelles Independence Order, 1976 (S.I.46/1976) or under the Constitution or any interest, right, power or privilege conferred on the Republic by any other law.
106. Construction of other lawsA reference in any law not expressly or impliedly repealed or amended by this Act to transcription of any deed or judgment or to inscription of any mortgage or privilege shall, in relation to land registered under this Act, be construed as a reference to registration under this Act.
History of this document
17 October 2022 amendment not yet applied
01 December 2014 this version
01 January 1967
|Land Registration Rules||Statutory Instrument 12 of 1967|