51Recording of dealing on certificate of title, &c.

51 Recording of dealing on certificate of title, &c.

(1)  [Section 51 Subsection (1) substituted by No. 23 of 2021, s. 51, Applied:01 Jan 2022] The Recorder must not register a dealing unless –

(a) the certificate of title, if any; or

(b) the grant, if any; or

(c) the duplicate registered dealing, if any –

to be affected by the dealing has been lodged with the Recorder for the purpose of registering that dealing.

(2)  Subsection (1) does not apply to the following dealings:

(a) the recording of a writ (referred to in section 61 ) and the registration of a transfer pursuant to a writ under section 61 ;

(b) discharges of mortgages pursuant to section 90 , and discharges of mortgages or encumbrances pursuant to sections 91 and 148 ;

(ba) [Section 51 Subsection (2) amended by No. 36 of 2012, s. 21, Applied:13 Nov 2012] in respect of the registration of a transfer on the exercise of a power of sale by a mortgagee or encumbrancee under section 78 , the memorandum of mortgage or the memorandum of encumbrance;

(c) satisfactions of encumbrances pursuant to section 94 ;

(d) orders under section 110 after notice has been given under subsection (4) of that section;

(e) [Section 51 Subsection (2) amended by No. 36 of 2012, s. 21, Applied:13 Nov 2012] action taken by the Recorder under section 138A , section 138B , section 138D or section 138X ;

(f) any other dealing where the Recorder considers that the production of the certificate of title, grant or registered dealing, if any, is not required.