LAND REGISTRATION g S.L.296.01 1
SUBSIDIARY LEGISLATION 296.01
LAND REGISTRATION RULES
1st March, 1982
LEGAL NOTICE 15 of 1982, as amended by Legal Notices 55 of 1982, 7
of 1985, 212 of 1990, and 12 and 83 of 1995.
Title.
Interpretation.
Cap. 296.
"certificate of title" means the certificate and plan relative to any
parcel or plot of land retained in the Registry as provided in rule
17;
"charge certificate" means the certificate of any charge
registered in respect of any certificate of title delivered to the
person whose rights are secured by the charge or to the person
entitled to be in possession of such certificate or deposited in the
Registry as provided in article 36 of the Act;
"dealing" means the disposition of land, or the charge on land or
the transmission of land or charge referred to in Part IV of the Act
and includes any document filed with the Registrar in connection
therewith;
"form" includes any forms prescribed in the First Schedule to
these rules and any form used in the operation of the Registry for
the purpose of its administration;
"land certificate" means the certificate and plan relative to any
parcel or plot of land delivered to the proprietor or deposited in the
Registry as provided in article 36 of the Act;
"plan" means any survey, diagram or sketch of land indicating its
position, size, area or dimensions;
"Registry" means the Land Registry as set up by article 3 of the
Act;
"transferee" means the person who receives the benefit of any
transfer of an interest in a certificate of title;
"transferor" means the proprietor who transfers his interest in a
certificate of title.
Prescribed 
requirements or 
evidence.
3. Where any form or notice prescribed by these rules
specifies requirements or evidence to be lodged with that form or
notice, those requirements or evidence are to be regarded as being
prescribed by these rules.
Notices.
person, it shall be sufficient for the purpose of these rules that he
gives notice in writing identifying the lodging parties, the land
affected, and the nature of the dealing, instrument or document,
together with any other relevant details he may consider
2 g S.L.296.01 LAND REGISTRATION
appropriate.
Procedure where 
notice is not 
delivered.
5. Whenever any notice is returned by the Postmaster General
because the person to whom it is addressed cannot be found, the
Registrar shall by notice published in the Gazette notify that a
registered letter marked and directed to such person as is indicated
in article 48 of the Act, has been sent, and such notice published in
the Gazette as aforesaid shall for all intents and purposes be
deemed to be a notice duly served.
Dealings, etc., to 
be lodged on the 
proper forms.
6. Dealings, instruments, interests or the contents of
documents shall only be entered in the register if lodged on the
proper form: 
Provided that the Registrar may in exceptional
circumstances exempt any person from the provisions of this rule.
Registration of 
acquisitions by 
prescription.
7. Where a person applies to be registered as proprietor of
land by virtue of having acquired title by prescription he shall make
an application in the form prescribed by these rules.
Issue of 
replacement 
certificates.
8. (1) A proprietor of a land or charge certificate applying to
the Registrar for the replacement of a lost or destroyed certificate
shall publish a notice as prescribed in the First Schedule to these
rules or otherwise as the Registrar directs in at least one daily
newspaper, a period of thirty days being allowed for any objection
before the issue of the replacement.
(2) The Registrar may require the applicant to produce a copy
of the newspaper wherein the advertisement was published together
with a sworn declaration stating how the certificate was lost or
destroyed. Upon an application being made the Registrar shall
cause a notice in the form prescribed in the First Schedule to these
rules, to be pubished in the Gazette allowing thirty days for any
person to object to the issue of a new certificate.
(3) The Registrar may require any other evidence in support of
the application.
(4) An objection to the issue of a replacement certificate shall
be made in writing to the Registrar, who shall cause a copy thereof
to be served on the applicant.
(5) The Registrar shall not issue such certificate unless the
objection is withdrawn or a court of competent jurisdiction has
adjudged such objection to be unfounded.
Procedure "in the 
prescribed 
manner".
9. Where in accordance with Part IV of the Act anything is to
be done "in the prescribed manner" this shall be done by
completing and lodging the forms prescribed in the First Schedule
to these rules.
Prescribed time. 10. (1) Where any articles of the Act refer to a prescribed
time, the prescribed time will be a period of thirty days unless
otherwise indicated in these rules.
(2) When the thirtieth day falls on a Saturday or a public
holiday, the next following day not being a Saturday or a public
holiday shall be regarded as the final day.
Rectification of the 
register.
11. (1) The Registrar shall not rectify the register in terms of
article 49(1)( e ) and ( f ) of the Act unless and until he has notified in
LAND REGISTRATION g S.L.296.01 3
writing any parties who appear from the register to have an interest.
(2) The form of notification shall be in accordance with the
form prescribed in the First Schedule to these rules.
Failure to produce 
documents, etc.
12. (1) If any person fails to produce any plan, document,
evidence, declaration or other material or information which the
Registrar may require within a period of thirty days of receiving a
request so to do, the Registrar may refuse to approve or register the
application, dealing or instrument lodged with him, and may then
return all documents filed with the application, dealing or
instrument.
(2) In the event of the Registrar refusing to approve or register
in accordance with sub-rule (1), such person shall only be entitled
to a refund of half the fees paid.
Appeals.
decision of the Registrar, that appeal shall be made in the manner,
time and procedure prescribed hereunder:
( a ) an appeal shall be by application to be filed within
twelve days from the date on which notice is given of
the Registrar’s decision;
( b ) the application shall on pain of nullity be signed by an
advocate and a legal procurator, and shall contain a
clear indication of the grounds on which the appeal is
entered;
( c ) with each application there shall be filed a true copy
thereof for service upon the Registrar;
Cap. 12.
( d ) on the filing of each application, a registry fee as
prescribed in Tariff A of Schedule A annexed to the
Code of Organisation and Civil Procedure shall be
paid in addition to the appropriate fees for the service
of the copy of the application;
( e ) the date of hearing shall be so fixed by the Court that
not less than eight working days shall intervene
between the filing of the application and the first
hearing of the matter, provided that not less than three
working days shall be allowed between the date of
service of the application on the Registrar and the date
fixed for the hearing of the application;
( f ) the Registrar shall make his submissions, orally or in
writing, at the first hearing of the matter;
( g ) in default of any submissions on the day fixed for
hearing, in contestation of the demand contained in the
application, the Court shall allow the application;
( h ) the fee payable to the advocate and legal procurator
representing the parties in an appeal, shall be fixed by
the Registrar of the Courts in accordance with Tariff E
of Schedule A annexed to the Code of Organisation
and Civil Procedure.
Claims for 
indemnity.
14. A claim for indemnity against the Insurance Fund which is
to be determined by the Registrar in accordance with article 50(1)
4 g S.L.296.01 LAND REGISTRATION
of the Act shall contain:
( a ) the full grounds for the claim;
( b ) a sworn declaration containing a clear and detailed
statement of the facts giving rise to the claim;
( c ) evidence of the financial loss incurred;
( d ) a disclosure of any receipts, income or other
compensation which may mitigate or decrease the
financial loss;
( e ) documentary evidence of any litigation in respect of
the claim, together with any other evidence required
by the Registrar.
Applications for 
the registration of 
land.
15. An application for the registration of land or the issue of a
certificate of title shall be made on a form as prescribed by these
rules.
Notice of 
application to be 
published in 
Gazette.
Amended by:
L.N. 83 of 1995.
16. (1) Notice of an application for registered title under the
Act shall be given by publishing the prescribed form of notice in
the Gazette.
(2) Where the Registrar requires from an applicant under Part
III of the Act further information he shall do so by giving notice in
writing to that person or to his legal adviser.
Procedure on 
approval of 
application for 
registered title.
17. (1) Where an application for registered title has been
approved, the Registrar shall draw up a certificate of title clearly
indicating the status and nature of the interest in land held by the
person registered as proprietor; the land certificate issued by the
Registrar shall show the details appearing in the certificate of title.
(2) The certificate of title shall be filed in and constitute an
integral part of the register in respect of titles to land.
Register to be kept 
in loose-leaf form.
18. (1) The register shall be kept in loose-leaf form.
(2) The Registrar shall number each certificate of title with a
distinctive number.
Form of certificate 
of title.
19. (1) A certificate of title shall be in accordance with the
form prescribed in the First Schedule to these rules.
(2) A certificate of title shall be prepared -
( a ) with respect to any verbal particulars to be contained
in that certificate of title, by typing, or writing in
indelible ink those particulars on the relevant form or
on an annexure form annexed thereto, which annexure
shall form an integral part of the certificate of title;
and
( b ) with respect to a plan or sketch referred to in that
certificate of title, by drawing or photocopying the
plan or sketch on the relevant form, or an annexure
form annexed thereto, which annexure shall form an
integral part of the certificate of title.
Registry hours. 20. The Registry shall be kept open for the filing of documents
at such time as the Minister may by notice in the Gazette establish.
LAND REGISTRATION g S.L.296.01 5
Office copies, etc. 
to be signed by 
Registrar.
21. Office copies of and extracts from the register, and of and
from documents filed in the Registry shall be signed by the
Registrar.
Witnessing, etc., of 
dealings.
22. The signatures or marks on a dealing lodged for
registration, under the provisions of the Act, other than a dealing
pursuant to a judgement of a court, shall be witnessed or attested,
as the case may be by a notary public.
Form of 
application.
Amended by:
L.N. 55 of 1982;
L.N. 12 of 1995.
23. (1) Such form shall -
( a ) be either typewritten, by mechanical and/or electronic
means, or handwritten in block letters or partly
typewritten by mechanical and/or electronic means
and partly handwritten in block letters;
( b ) be free from discoloration and blemishes;
( c ) be accompanied with such plan in terms of such Legal
Notices which may be in force on the date of filing;
( d ) contain a reference to any annexure thereto; and
( e ) be signed in blue by at least one of the persons obliged
to submit or on a voluntary basis is submitting the
application.
(2) When the annexure form is used it shall -
( a ) be pinned or stapled to the form to which it is an
annexure and shall contain a reference thereto;
( b ) be enumerated; and
( c ) be signed by the persons signing the form to which it is
an annexure.
(3) Where it is necessary to remove, vary or add any words
before the form is lodged, the person lodging that form shall make
such variation or addition by means of a note at the end of the form;
in any such case such person shall cancel the words which it is
desired to remove or vary in such a manner as to leave the words so
cancelled still legible, and shall make a note stating the number of
words so cancelled or as the case may be, that other words are
substituted for those cancelled and writing immediately after the
words so substituted; in the case of a mere addition of words such
person shall make a mark at the place where the addition is to be
made and a note at the end of the form containing the expression
"words added" and shall write immediately after the words to be
added. Such notes are to be signed by all the parties signing the
form. In this sub-rule the expression "words" includes numbers,
cipher or any other symbol.
More than one 
transfer.
Substituted by:
L.N. 12 of 1995.
24. When there is an application at the Registry, whether this
be a first registration, or whether it is a dealing, and this application
is still pending, the applicant can re-transfer or hypothecate the
same property, or part thereof, so long as:
( a ) an official search is submitted and this establishes that
the eventual transferor or person dealing with the land
is the same person or persons in whose name the first
registration was submitted; and
6 g S.L.296.01 LAND REGISTRATION
( b ) a site plan and a large scale plan is submitted in order
to ascertain that the request relates to the same
property, or part of that property mentioned in the
application which is still pending.
(2) The rules applicable to applications for charge certificate,
cautionary charge certificate and/or caution, apply  mutatis
mutandis  with reference to applications submitted after the official
search mentioned in this rule has been made.
(3) More than one official search may be submitted with
reference to the same application, as well as on an application or
applications submitted at the Registry in virtue of sub-rule (1)(a).
(4) The registrar shall indicate on the official search every
relevant detail which may block the issue of the relevant certificate
of the prior application.
(5) The registrar shall, if he deems it fit, analyse all the
applications affecting the same property at one go, provided that on
the certificate of title, charge certificate or cautionary charge
certificate, the chronological order of the transfers and dealings is
respected and enumerated.
(6) The Registrar shall not accept an application for transfer or
for a dealing of land in relation to which there is a pending
application if an official search (the result of which is still valid on
date of submission of the application) has not been made, and the
official result following such search shall form part of the
documents accompanying the application.
Lodgement of 
dealings.
25. (1) A dealing presented for lodgement shall conform to all
the requirements prescribed by the Act or these rules and shall be
accompanied by -
( a ) a request made on the prescribed form to register that
dealing;
( b ) the prescribed fee; and
( c ) any document or writing that may be reasonably
required by the Registrar.
(2) The lodgement of a dealing is made by depositing it in the
Registry.
(3) A person depositing a dealing shall remain in attendance at
the Registry until he is informed that the dealing is accepted for
lodgement or rejected.
Where land or 
charge certificate is 
to be produced.
26. Saving the provisions of the Act the Registrar shall refuse
to accept for lodgement an instrument that requires an entry to be
made upon a certificate of title, where the relative land or charge
certificate, is not at the time available to the Registrar.
Application for 
official search.
27. (1) An application for an official search shall be made by
completing the prescribed form and lodging it with the Registrar
together with the prescribed fee. 
(2) The result of the official search shall be signed by the
Registrar.
Fees. 28. The fees payable to the Registrar shall be the fees
LAND REGISTRATION g S.L.296.01 7
contained in the Second Schedule to these rules.
Seal.
Third Schedule to these rules.
Prescribed forms 
and notices.
Amended by:
L.N. 55 of 1982;
L.N. 7 of 1985;
L.N. 12 of 1995.
30. (1) Saving what is stated in sub-rule (2), the prescribed
forms and notices shall be in accordance with the forms in the First
Schedule to these rules and any reference to a prescribed form shall
be construed as a reference to the appropriate form in the said
Schedule as set out hereunder:
1. A certificate of title shall be in accordance with Form
No. 1.
1A. A certificate of Land shall be in accordance with Form
No. 1A.
2. The application for a registered title shall be in
accordance with Form No. 2.
3. A caution against first registration shall be in
accordance with Form No. 3.
4. A caution against dealings with a registered title shall
be in accordance with Form No. 4.
5. A withdrawal of caution shall be in accordance with
Form No. 5.
6. A transfer of registered title shall be in accordance
with Form No. 6.
7. A charge of a registered title shall be in accordance
with Form No. 7.
8. A transfer of a registered charge shall be in accordance
with Form No. 8.
9. A full discharge of a registered charge shall be in
accordance with Form No. 9.
10. A partial discharge of a registered charge shall be in
accordance with Form No. 10.
11. A transfer of registered title pursuant to a sale under a
registered charge shall be in accordance with Form
No. 11.
12. An application to vary priority of registered charges
shall be in accordance with Form No. 12.
13. An application to be registered as proprietor of a
registered charge upon the death of a proprietor shall
be in accordance with Form No. 13.
14. A priority notice shall be in accordance with Form No.
14.
15. Notice of withdrawal of priority notice shall be in
accordance with Form No. 15.
16. A blank instrument form shall be in accordance with
Form No. 16.
17. An annexure form shall be in accordance with Form
No. 17.
8 g S.L.296.01 LAND REGISTRATION
18. An application to be registered as proprietor upon the
death of the registered proprietor (transmission
application) shall be in accordance with Form No. 18.
19. An application for the rectification of boundaries shall
be in accordance with Form No. 19.
20. An application to be registered as proprietor of title
acquired by prescription shall be in accordance with
Form No. 20.
21. An application for the replacement of a lost certificate
or document shall be in accordance with Form No. 21.
22. A summons to attend for the purpose of article 6 of the
Act shall be in accordance with Form No. 22.
23. A summons to produce for the purpose of article 6 of
the Act shall be in accordance with Form No. 23.
24. The notice of request to furnish information for the
purpose of article 7 of the Act shall be in accordance
with Form No. 24.
25. A notice of requisition shall be in accordance with
Form No. 25.
26. A notice of intention to register title to land shall be in
accordance with Form No. 26.
27. A notice of intention to interested party to register title
to land shall be in accordance with Form No. 27.
28. A notice of intention to approve an application for title
acquired by prescription shall be in accordance with
Form No. 28.
29. A notice of intention to register possessory title to land
shall be in accordance with Form No. 29.
30. A notice of intention to correct plan or diagram on
certificate of title shall be in accordance. with Form
No. 30.
31. A notice of intention to replace certificate shall be in
accordance with Form No. 31.
32. An official search form shall be in accordance with
Form No. 32.
33. A request to register shall be in accordance with Form
No. 33.
34. A request for copies shall be in accordance with Form
No. 34.
35. Charge Certificate shall be in accordance with Form
No. 35.
36. An application for a cautionary charge certificate shall
be in accordance with Form No. 36.
37. A cautionary charge certificate shall be in accordance
with Form No. 37.
(2) Insofar as -
LAND REGISTRATION g S.L.296.01 9
( a ) the paper used is of A4 size;
( b ) the information requested is given in its totality and in
strict order in virtue of the Fourth Schedule to these
rules;
( c ) where the information cannot be written out on one
page, the prescribed signatures shall appear on every
page;
( d ) every application form which can lead to the issue of a
certificate has to have -
(i) a list of the documents presented with the
application; and
(ii) a declaration stating: "I hereunder signed declare
that all that is stated in this form and as far as I
know is true, and that I have verified the relative
documents, and that there is no fact that I know
of that is contrary to that brought in the
documents.",
the provisions of these rules shall be deemed to have been complied
with.
(3) The Registrar is empowered that if he deems fit, he may
reproduce by means of a photocopier and/or a computer any form,
site-plan, detailed plan and any other information given to him, in
order that it may be used as a certificate as prescribed by these
rules as long as these documents contain the seal and the signature
of the Registrar.
10 g S.L.296.01 LAND REGISTRATION
Amended by:
L.N. 55 of 1982;
L.N. 7 of 1985.
FIRST SCHEDULE
(Rule 30)
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Tariff
SECOND  SCHEDULE Amended by:L.N. 7 of 1985.
Substituted by:
L.N. 212 of 1990.
  (Rule 28)
Service Fee
1. Application for a registered title ........................................... Lm20.00,0
2. Lodgement of any dealing for registration or any application
relating to a registered title other than a transfer or charge ................. Lm6.00,0
3. Lodgement of any transfer ( ad valorem ) -
up to Lm5,000 ............................................................... Lm6.00,0
over Lm5,000 to Lm10,000 ........................................... Lm8.00,0
over Lm10,000 to Lm20,000 ......................................... Lm12.00,0
over Lm20,000 to Lm30,000 ......................................... Lm16.00,0
over Lm30,000 to Lm40,000 ......................................... Lm20.00,0
For every additional Lm10,000 or part thereof ...................... Lm4.00,0
4. Lodgement of any charge ( ad valorem )
up to Lm5,000 ............................................................... Lm6.00,0
over Lm5,000 to Lm10,000 ........................................... Lm8.00,0
over Lm10,000 to Lm20,000 ......................................... Lm10.00,0
over Lm20,000 to Lm30,000 ......................................... Lm12.00,0
For every additional Lm10,000 or part thereof ...................... Lm2.00,0
5. Lodgement of a caution ........................................................ Lm6.00,0
6. Lodgement of a priority notice ............................................. Lm4.00,0
7. Withdrawal of a caution or priority notice ............................ Lm2.00,0
8. Copies -
Copies of certificate of title ........................................... Lm1.00,0
Copy of any application, dealing or instrument per folio  Lm0.20,0
Copies of any plan per folio "A4" .................................. Lm0.40,0
Copies in other cases per folio ....................................... Lm0.20,0
9. Land Registry forms (per form) ............................................ Lm0.10,0
10. Inspection of any register or document in the custody of the
Registrar .......................................................................................... Lm2.00,0
11. Official search ..................................................................... Lm2.00,0
78 g S.L.296.01 LAND REGISTRATION
THIRD SCHEDULE
(Rule 29)
Seal of the Land Registry
LAND REGISTRATION g S.L.296.01 79
FORMS
FORM A
To be used in lieu of Forms 2, 6, 11, 18, 20 incorporating also Form 33, to be
submitted in duplicate.
------------------------------------------------------------------------------------------
APPLICATION FOR TITLE
(For Office Use) LR-A Number:
Date:
Payment:
Received by:
------------------------------------------------------------------------------
Insert here the nature of the application:
First Registration
Transfer of a Registered Title
Partial transfer of a Registered Title
Application for the registration as an owner upon the death of an owner
of a registered title
Prescription of a registered title.
--------------------------------------------------------------------------------
1. Description of the property with reference to every detail that appears on the
plan. This description shall serve as the basis of the certificate and therefore it has to
be exact in every detail.
Commence from the town or village, continue with the street or locality,
number or name, and measurement when applicable.
In any case, except in an application for first registration, insert the number
of the Certificate of Title that is to be transferred. In the case of a transfer of a
pending application, the application number of the property to be transferred is to be
inserted.
---------------------------------------------------------------------------------
2. Particulars of transferor:
( a ) name, surname, father’s name, marital status including, spouse’s name
when applicable;
( b ) whether property belonged to the community of property, paraphernal
or residual;
( c ) share transferred.
--------------------------------------------------------------------------------
FOURTH SCHEDULE Added by:L.N. 12 of 1995.
 (Rule 30(2))
80 g S.L.296.01 LAND REGISTRATION
3. Same details of transferee.
------------------------------------------------------------------------------
4. Any restriction affecting the title including ground rents, servitudes of other
encumbrances.
-------------------------------------------------------------------------------
5. The basis of the application: for example, deed or judgement. The name of
the Notary and any relevant date is to be included.
--------------------------------------------------------------------------------
6. Value or consideration.
-------------------------------------------------------------------------------
7. List of documents submitted with the application.
--------------------------------------------------------------------------------
8. Declaration by the parties in accordance with rule 30(2)( d )(ii) of the Land
Registration Rules. This may be made by any one or all the applicants, or the Notary
or a legal person acting on behalf of the parties.
-------------------------------------------------------------------------------
FORM B
To be used in lieu of Forms 7 and 36 incorporating also Form 33, to be submitted
in duplicate.
------------------------------------------------------------------------------
APPLICATION FOR A CHARGE OR A CAUTIONARY CHARGE
(For Office Use) LR-A No:
Date:
Payment:
Received:
--------------------------------------------------------------------------------
Insert here the nature of the application:
Charge
Cautionary Hypothec
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1. Description of the property effected: Details on Form A
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2. Creditor: Details as of vendor on Form A
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3. Debtor: Details on Form A
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4. Credit conditions
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LAND REGISTRATION g S.L.296.01 81
5. Amount hypothecated
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6. List of documents submitted with the application
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FORM C
To be used in lieu of Forms 8, 9, 10, 12, 13, 14 and 15 also incorporating Form 33,
to be submitted in duplicate.
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APPLICATION FOR REFERENCE OF CHARGE OR CAUTIONARY CHARGE
(For Office Use) LR-A No:
Date:
Payment:
Received by:
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1. Insert the number of the Charge Certificate together with the number of the
Certificate of Title or of Certificate of Cautionary Charge together with the number
of the application effected by the Cautionary Charge.
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2. Insert the information that is to be inserted on the Charge Certificate or on
the Cautionary Charge in the manner that it shall reflect what is agreed by the
contracting parties. These details are to contain the details of the contracting parties.
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3. List of documents submitted with the application.
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FORM D
To be used in lieu of Forms 3 and 4 and incorporating also Form 33, to be
submitted in duplicate.
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CAUTION
(For Office Use) LR-A No:
Date:
Payment:
Received by:
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1. Description of the property (as in Form A) including titles effected
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2. Details of person submitting the caution (as in Form A)
82 g S.L.296.01 LAND REGISTRATION
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3. Reasons for submitting the caution (as in Form A)
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4. Details of who, in the opinion of the applicant is to be notified by this
caution, including any known postal address
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5. List of documents submitted with the application
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FORM E
In lieu of Form 32.
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REQUEST FOR AN OFFICIAL SEARCH AND/OR INFORMATION
(For Office Use) LR-A No:
Date:
Payment:
Received by:
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1. Description of the property (as in Form A)
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2. List of questions to which a reply is requested
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3. Indicate whether reply is requested by post (insert postal address) or if it is
to be collected, in which latter case the person who is to collect the search is to be
indicated.
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4. Leave enough space for the reply, signature of the Registrar and date.
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