49Instruments not effectual until registered

49 Instruments not effectual until registered

(1)  An instrument shall not be effectual to pass any estate or interest in registered land, or to render that land liable as security for the payment of money; but upon the registration of any instrument in accordance with this Act the estate or interest specified in the instrument shall pass, or the land shall become liable as security, in the manner and subject to the covenants, conditions, and contingencies set forth and specified in the instrument or by this Act declared to be implied in instruments of a like nature.

(2)  [Section 49 Subsection (2) amended by No. 23 of 2021, s. 49, Applied:01 Jan 2022] A person on whom the right to be registered as the proprietor of registered land has –

(a) devolved by reason of the death or bankruptcy of the registered proprietor or otherwise by operation of law; or

(b) been conferred by a dealing –

may, subject to such conditions (if any) as may be prescribed, execute and lodge for registration instruments dealing with the land before the person is registered as proprietor.

(3)  An instrument lodged for registration pursuant to subsection (2) is, when registered, as valid and effectual as if the person executing it had been registered as proprietor at the date of execution of the instrument.

(4)  [Section 49 Subsection (4) amended by No. 7 of 2023, s. 8, Applied:13 Jun 2023] Where two or more dealings which affect the same land are awaiting registration the Recorder may, if he thinks fit, register those dealings by making a single recording in the Register, referring in the recording to the lodgement numbers of those dealings or otherwise identifying them.

(5)  For the purposes of Part XI , a person expressed in a dealing registered pursuant to subsection (4) as taking an estate or interest in registered land shall be deemed to have become registered as proprietor of that estate or interest according to the tenor of the dealing.