Distinction between Registration of Title and Registration of Instruments


Registration of Title 

Registration of Instruments 

1. Registration of Titles Law 

Land Instrument Registration law. 

2. Deducing title is unnecessary. 

Deducing title is unnecessary.

3. Register is the final authority

Registration is not conclusive of title

4. Generally not affected by notice except in cases of overriding interests.

Affected by notice.

5. Consent of the owner is require for investigation

Consent of the owner is not required

6. an epitome or abstract is not required to deduce title

an epitome or abstract is required to deduce title

7. Transactions is by use of FORMS

Formal documents are used e.g. Deeds 

8. It is the TITLE which is registered under RTL

The Registrar merely registers the INSTRUMENT. 

9. The State guarantees title of every registered owner  

The state does not guarantee title. 

10.Terminologies–transferor/transferee, chargor/chargee

Assignor/Assignee, mortgagor/mortgagee

11. Non-registration renders void.

Non-registration does not void.

12. Documents to collect from vendor are different.

13. Procedure for investigation of title is different.

14. Compensation is paid to a person prejudiced by reliance on the reliance on the register under RTL.

 

 


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