16Execution and lodgment of instruments under section 49(2) of Act

16 Execution and lodgment of instruments under section 49(2) of Act

(1)  For section 49(2) of the Act, a person who is not yet registered as proprietor of the land may, subject to subregulation (2) , execute and lodge for registration under the Act, instruments dealing with the land in the same manner as the registered proprietor of the land could execute and lodge instruments for registration.

(2)  Except with the approval of the Recorder, not more than one transfer, nor more than one transfer by way of assent followed by a transfer, affecting the same folio of the Register or registered dealing may be lodged for registration in accordance with section 49(2) of the Act.

(3)  A person who lodges an instrument for registration in accordance with section 49(2) of the Act must ensure that the certificate of title or duplicate registered dealing, if any, that has been issued by the Recorder and that is affected by the instrument is provided to the Recorder for the registration of the instrument.

(4)  The Recorder must not register an instrument lodged in accordance with section 49(2) of the Act, until –

(a) subject to paragraph (b), the person executing the instrument has been registered as proprietor of the land to which the instrument relates; or

(b) in the case of transmission, the person, to whom the estate or interest is being transmitted, has been registered as proprietor of the land to which the instrument relates; or

(c) the right of the person, referred to in paragraph (a) or (b) , to be registered as proprietor of the land to which the instrument relates has been proved to the satisfaction of the Recorder.