TRANSFER OF LAND ACT 1893 - SECT 35
TRANSFER OF LAND ACT 1893 - SECT 35
35 . Documents of title
(1) Upon registering a
certificate of title the Registrar shall retain in his custody and possession
all grants and instruments evidencing the title of the person registered and
shall endorse upon the last of them if there be more than one a memorandum
that the land included in the certificate has been brought under this Act and
shall sign such memorandum.
(2) Despite subsection
(1), if any of such grants or instruments relate to any property other than
the land included in such certificate the Registrar shall return such grant or
instrument to the person from whom he received the same.
(3) No person shall be
entitled to an inspection of any of such instruments except upon the written
order of the person who originally deposited the same or of some person
claiming through or under him or upon the order of a judge or of the
Commissioner.
(4) No action or suit
at law or in equity shall be brought or maintained upon any covenant or
agreement for the production of the documents which shall be so retained or
upon any agreement to give or enter into a covenant for the production
thereof; and if any such action or suit shall be commenced it shall be a
sufficient answer thereto that such documents have been retained under this
Act.
[Section 35 amended: No. 19 of 2010 s. 51.]