On 23/05/2013,
you requested for the version in force on 23/05/2013
incorporating all amendments published on or before 23/05/2013.
The closest version currently available is that of 29/07/1988.
2.
—(1) In this Act, unless the context otherwise requires —
“assurance” includes any conveyance, memorandum of charge or discharge, deed of consent to the discharge of a trustee, private Act, order of court or certificate of appointment of trustee in bankruptcy;
“caveatee” means —
(a)
the proprietor of any land who has given an estate or interest in his land to a person named in a caveat; or
(b)
the proprietor of any land, and any person having a prior registered estate or interest in land, in respect of which a caveat has been lodged by any person claiming an estate or interest in the land;
“caveator” means —
(a)
a person who has been given an estate or interest in any land by the proprietor of the land; or
(b)
a person who claims an estate or interest in any land;
“conveyance” includes any assignment, appointment, lease or settlement made by deed on a sale, mortgage, demise or settlement of any land or appointment of a new trustee in respect thereof which has been executed by one or more of the parties by whom any interest in the land is thereby conveyed;
“land” means —
(a)
the surface of any defined parcel of the earth, all substances thereunder and so much of the column of airspace above the surface whether or not held apart from the surface as is reasonably necessary for the use and enjoyment of the proprietor, and includes any estate or interest therein and all vegetation growing thereon and structures affixed thereto; or
(b)
any parcel of airspace or any subterranean space held apart from the surface of the earth and described with certainty by reference to a plan approved by the Chief Surveyor and filed in the Survey Department, and includes any estate or interest therein and all vegetation growing thereon and structures affixed thereto,
and where the context so permits, the proprietorship of land includes natural rights to air, light, water and support and the right of access to any highway on which the land abuts;
“lease” includes an agreement for a lease;
“memorandum of charge” includes any memorandum of a lien or charge on any land which is registered under this Act;
“mortgage” includes any charge on any land for securing money or money’s worth and any transfer of a mortgage; and “mortgagee” has a corresponding meaning;
“order of court” means any judgment, decree, writ of execution or sequestration, adjudication in bankruptcy or other order or process of or issuing from that court or other court of competent jurisdiction whereby any interest in any land is or may be affected;
“prior mortgage” includes a prior charge or assignment which has been either secured by a mortgage or protected by a caveat lodged with and accepted by the Registrar as being in order for registration;
“prior mortgagee” includes a prior chargee or assignee in whose favour an estate or interest in respect of land was mortgaged, charged or assigned by way of mortgage;
“probate” means the probate of any will or any letters of administration with the will annexed or copy thereof, stamped with the seal of the Supreme Court or other court of competent jurisdiction, or a certified office copy thereof;
“registered surveyor” means a person registered under the Land Surveyors Act (Cap. 156);
“Registrar” means the Registrar of Deeds and includes any Deputy Registrar of Deeds appointed under this Act;
“Registry” means the Registry of Deeds;
“repealed enactment” means the Registration of Deeds Ordinance 1886 (XIII 1886) or the Registration of Deeds Act (Cap. 269) which is repealed by this Act;
“rules” means rules made under this Act;
“subsequent mortgage” includes a subsequent charge or assignment;
“subsequent mortgagee” includes a subsequent chargee or assignee in whose favour an estate or interest in respect of land was mortgaged, charged or assigned by way of mortgage;
“will” includes codicil.
(2) In this Act, any reference to a plan certified by a registered surveyor shall, in relation to a plan certified at any time prior to the commencement of the Land Surveyors Act (Cap. 156), be construed as a reference to a plan which was certified by a surveyor licensed under any written law which was in force at the time that plan was certified.