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Land Registrations

Section 8 (Land Ordinance 1949)

Execution of deeds

(1) Every deed shall be signed as follows:

     (a)     a conveyance by the vendor;

     (b)     a mortgage by the mortgagor;

     (c)     a transfer of mortgage by the transferor;

     (d)     a reconveyance by the mortgagee;

     (e)     a lease by both parties;

     (f)      an assignment of a lease by the assignor and the assignee,

in the case of a deed executed in the Falkland Islands in the presence of a justice of the peace, commissioner for oaths, legal practitioner, manager of a financial institution which is licensed under the Banking Ordinance 1987, or a person whose name appears in the register of electors for the time being in force (and in each case the usual address of that person shall follow his attestation) and in the case of a deed executed outside the Falkland Islands by a Notary Public and in the case of a company or corporation in such manner as is for the time being required by law in relation to a deed executed by it.

(2) No deed shall be registered until it has been duly executed as aforesaid.

Section 9 (Land Ordinance 1949)

Registration

(1) Every deed, or order of the Court (other than a Crown Grant or lease or an agreement for a lease or for an assignment of a lease) shall be registered with the Registrar General within thirty days of the execution thereof when the party or parties executing it are resident in the Falkland Islands or within six months when such parties are not so resident.

(2)  Any deed not registered as aforesaid shall be void against a subsequent purchaser or mortgagee for valuable consideration unless such deed is registered before registration of the deed under which such subsequent purchaser or mortgagee claims.

(3) Every applicant for registration shall pay the appropriate fee set out in the first part of Schedule 2.

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Form 1 (Conveyance)
Created: 2018-07-10 07:58:00 | Size: 157.45 KB

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Form 2 (Mortgage)
Created: 2018-07-10 07:58:33 | Size: 158.24 KB

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Form 3 (Transfer of Mortgage)
Created: 2018-07-10 07:59:02 | Size: 156.2 KB

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Form 4 (Reconveyance)
Created: 2018-07-10 07:59:30 | Size: 156.66 KB

Section 7 (Land Ordinacne 1949)

Lease

(1) Every deed being a lease (other than a Crown lease) may be in the form set out in Form 5 in Schedule 1.(2) There shall be implied in every such lease covenants on the part of the lessee with the lessor to pay rent, rates and taxes (if any), not to assign without prior written consent, to repair and on determination of the lease to leave in good repair and condition.(3) The lessor shall have power, subject to the provisions contained in the proviso to section 27(1) and in section 27(2) of this Ordinance with the substitution of "the lessor" for "the Governor", to enter upon the leased land and resume possession thereof upon non-payment of rent or breach of any covenant but until such default the lessee shall have quiet enjoyment.

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Form 5 (Lease)
Created: 2018-07-10 07:59:57 | Size: 155.91 KB