54Delivery of certificate of title or duplicate registered dealing

54 Delivery of certificate of title or duplicate registered dealing

(1)  [Section 54 Subsection (1) substituted by No. 23 of 2021, s. 55, Applied:01 Jan 2022] The Recorder –

(a) where the Recorder considers it proper to do so, may deliver, to the person by whom it was lodged, a certificate of title, or duplicate registered dealing, that is in the Recorder’s custody, unless that person has given written instructions to the Recorder to deliver the certificate of title or duplicate registered dealing to some other person; and

(b) shall not, where written instructions have been given as mentioned in paragraph (a) , deliver the certificate of title, or duplicate registered dealing, that is in the Recorder’s custody, otherwise than in accordance with those instructions or by order of the Supreme Court; and

(c) where the Recorder is unable to determine to whom a certificate of title, or duplicate registered dealing, in the Recorder’s custody, should be delivered, may –

(i) deliver it to the person whom the Recorder considers to be best entitled to the certificate of title or duplicate registered dealing; or

(ii) retain it in the office of the Recorder.

(2)  [Section 54 Subsection (2) amended by No. 36 of 2012, s. 22, Applied:13 Nov 2012] A person who lodges any dealing or other document with the Recorder is taken to have authority from all persons claiming under, or having an interest in, the dealing or document –

(a) to lodge it with the Recorder;

(b) to collect it from the Recorder for amendment or to withdraw it from registration, and in either case to give a receipt for it; and

(c) to receive communications and notices in respect of it.