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THE TITLE CONVERSION PROCESS

Title Conversion The term ‘Title Conversion’ simply means ’the process of migrating parcels of land from the repealed land registration statutes to a new uniform regime under the Land Registration Act of 2012 where new generational titles are issued. The Legal Framework governing the Land Title Conversion Process The statutory process of title conversion is …

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INHIBITION

The land Registration defines an inhibition as an order made under section 70, or a prohibition. Power of the Court to Inhibit Registered Dealings Section 68 of the Land Registration Act, 2012 provides for the power of the court to inhibit registered dealings in land. The courts are empowered to make inhibition orders inhibiting for …

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COMPLETION DOCUMENTS IN AN AGREEMENT FOR SALE

On the Completion Date, and subject to the performance by the Purchaser with regard to the Purchaser’s obligation to pay the Purchase Price, the Vendor is to give the Purchaser the following Completion Documents: Original Certificate of Title for the Property. Duly executed Transfer, in triplicate, of the Property in favour of the Purchaser. Original …

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COVENANTS, CONDITIONS, AND POWERS IMPLIED IN CHARGES

Implied Covenants by the Chargor  The Land Act, 2012 provides that the implied covenants in every charge instrument created by a chargor with a chargee bind the chargor—  To pay the principal money on the day appointed in the charge agreement and to pay interest on any principal money or any part that remains unpaid …

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POWER OF THE COURT IN RESPECT OF REMEDIES AND RELIEFS

In considering whether to grant relief as applied for, a court is to have regard to whether the remedy that the chargee proposes to exercise is reasonably necessary to prevent any further reduction in the value of the charged land or to reverse any such reduction as has already occurred if the charged land consists …

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CHARGES

The Land Act, 2012 defines a charge as any interest in land securing the payment of money or money’s worth or the fulfillment of any condition, and includes a sub charge and the instrument creating a charge, including an informal charge, mortgage or other charge;, which is a written and witnessed undertaking, the clear intention …

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