Registration of Transactions

Registration of land transactions is the primary work of the Land Registry. Land transactions include:

• Transfers (Sales) of Land, Buildings, & Condominiums
• Leases
• Mortgages & Charges
• Easements (Rights of Way)
• Restrictive Covenants (Estate Rules, Rights to do something, or Restrictions not to do something)
• Cautions (a ‘warning’ that a right, often the right to purchase, exists)
• Changes in ownership by death, trust, or other powers
• Other specialist transactions, such as restrictions

Registration of Transactions is a relatively straightforward process through the use of standard forms, however, documentation must be completed accurately and supporting documents may be required. Fees are payable in all instances. Whilst documents can be completed without legal assistance, it is strongly recommended that you retain an Attorney to ensure that you are properly advised of your rights. Whilst we can provide you with factual information based on your circumstance, we are unable to provide you with advice or opinion as to whether a transaction is appropriate to your needs.

Documents are prioritised for registration in strict order of receipt without exception regardless of circumstance. Stays of Registration have a short validity period however (14 days), and as such the completion of the Registration process will occur in advance of other documents (assuming no other instruments are awaiting completion in respect of the same parcel).

Subdivisions and Combinations

The Land Registry, in conjunction with the Survey Section, also undertakes modifications to the Land Register and Registry Map when a parcel is subdivided (split into smaller parcels) or combined (amalgamated with other parcels). A survey will be required in either instance, and a Licensed Land Surveyor will typically submit the documents on behalf of their client.

Public Counter

Our public counter provides the general public with Land Registry information, the inspection of original or provision of photocopies of Land Registry documentation. A statutory fee is payable to view or receive a copy of each and every Registry document.

Documentation that is available for inspection and/or copy includes:

• Current & Historical Land & Lease Registers
• Executed Instruments, and supporting documentation
• Registry Map Extracts
• Strata Plans
• Powers of Attorneys

Registry Maps, Reduced Registry Maps, and Survey Plans are also available; however, the administration of these is undertaken by the GIS Section, which will be happy to assist at the same counter.

Preparation and Witnessing of Documentation

The Land Registry, in conjunction with the Survey Section, also undertakes modifications to the Land Register and Registry Map when a parcel is subdivided (split into smaller parcels) or combined (amalgamated with other parcels). A survey will be required in either instance, and a Licensed Land Surveyor will typically submit the documents on behalf of their client.

Late Registration

Instruments should be submitted to the Lands & Survey Department immediately after completion of the transaction, and no later than 45 days after the date of first signature. If a document has been signed overseas, the 45-day submission period commences from the date of the first signatory. Applicants should ensure that proof of arrival of the documentation is retained.

For each 45-day period (or part thereof) that elapses from the date of the first signature, a Late Registration Fee (equivalent for each period to the original Registration Fee) will again become payable as a late submission penalty. In establishing the Late Fee to be applied we will deduct periods of time where we are holding the document, but include periods of time when we have returned the Instrument to you (for non-compliance) or advised you of outstanding fees. It is always recommended that the Registration Fee be submitted with the documentation, at the earliest opportunity to avoid (or reduce) late Registration Fees.