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. |
What are problems associated with deeds registration
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