§ 7 — General powers of Registrar

7.—(1) The Registrar may exercise the following powers:(a)

to administer oaths and take statutory declarations;

(b)

to enter caveats for the prevention of fraud or improper dealing whenever the Registrar has reason to think that fraud or improper dealing may occur, or for the prevention of any dealing with any registered land which has been found to be erroneous;

(c)

to —(i)

require any person who may have possession or control of an instrument relating to land which is the subject of a dealing, or relating to title to any such land, to produce that instrument; and

(ii)

retain any such instrument, whether produced pursuant to this paragraph or otherwise,

until it is no longer required for the action in accordance with a dealing lodged with the Registrar provided that the Registrar must permit the person who is entitled to the custody of that instrument to inspect the instrument;

(d)

to summon any person referred to in paragraph (c) or any person who from the land‑register or a dealing appears to have or is entitled to or acquires or divests an estate or interest in any land to appear and give an explanation with respect to that land or instrument.[8/2014]

(2) For the purpose of verifying the proprietorship of any land, whether registered or unregistered, and of establishing the limits of boundaries in relation to the proprietorship of such land where there is no modern survey or where the plans filed with the Authority are not sufficiently clear to establish such boundaries, the Registrar may require —(a)

any person who may have possession of any title deed relating to any unregistered land and any relevant document pertaining to any estate or interest in such land other than documents relating to trusts to produce such documents; and

(b)

any person who owns any estate or interest in land, to furnish any information pertaining to the use or any other matter relating to the land.[8/2014]

(3) Where a person —(a)

required to produce an instrument under subsection (1)(c) or (2) fails to produce the instrument or to allow it to be inspected; or

(b)

on being summoned under paragraph (d) of subsection (1), refuses or neglects to give an explanation which the person is pursuant to that paragraph required to give, or knowingly misleads or deceives any person authorised to demand any such explanation,

that person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000; and if the instrument or information withheld appears to the Registrar to be material in relation to an instrument lodged for registration under this Act, the Registrar may refuse to register the instrument lodged for registration.

—(1) The Registrar may exercise the following powers:(a)

to administer oaths and take statutory declarations;

(b)

to enter caveats for the prevention of fraud or improper dealing whenever the Registrar has reason to think that fraud or improper dealing may occur, or for the prevention of any dealing with any registered land which has been found to be erroneous;

(c)

to —(i)

require any person who may have possession or control of an instrument relating to land which is the subject of a dealing, or relating to title to any such land, to produce that instrument; and

(ii)

retain any such instrument, whether produced pursuant to this paragraph or otherwise,

until it is no longer required for the action in accordance with a dealing lodged with the Registrar provided that the Registrar must permit the person who is entitled to the custody of that instrument to inspect the instrument;

(d)

to summon any person referred to in paragraph (c) or any person who from the land‑register or a dealing appears to have or is entitled to or acquires or divests an estate or interest in any land to appear and give an explanation with respect to that land or instrument.[8/2014]

(2) For the purpose of verifying the proprietorship of any land, whether registered or unregistered, and of establishing the limits of boundaries in relation to the proprietorship of such land where there is no modern survey or where the plans filed with the Authority are not sufficiently clear to establish such boundaries, the Registrar may require —(a)

any person who may have possession of any title deed relating to any unregistered land and any relevant document pertaining to any estate or interest in such land other than documents relating to trusts to produce such documents; and

(b)

any person who owns any estate or interest in land, to furnish any information pertaining to the use or any other matter relating to the land.[8/2014]

(3) Where a person —(a)

required to produce an instrument under subsection (1)(c) or (2) fails to produce the instrument or to allow it to be inspected; or

(b)

on being summoned under paragraph (d) of subsection (1), refuses or neglects to give an explanation which the person is pursuant to that paragraph required to give, or knowingly misleads or deceives any person authorised to demand any such explanation,

that person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000; and if the instrument or information withheld appears to the Registrar to be material in relation to an instrument lodged for registration under this Act, the Registrar may refuse to register the instrument lodged for registration.