Registration of Title Act, 1964

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Burdens which are without registration to affect registered land.

72.—(1) Subject to subsection (2), all registered land shall be subject to such of the following burdens as for the time being affect the land, whether those burdens are or are not registered, namely—

(a) estate duty, succession duty, former crown rents, tithe rentcharges and payments in lieu of tithe or tithe rentcharge;

(b) land improvement charges and drainage charges;

(c) annuities or rentcharges for the repayment of advances made under the provisions of any of the Land Purchase Acts on account of purchase money;

(d) rights of the Land Commission or of any person under a vesting order, vesting fiat, final list or transfer order made or published under the Land Purchase Acts;

(e) rights of the Land Commission upon the execution of an order for possession issued under section 37 of the Land Act, 1927;

(f) rights of the public or of any class of the public;

(g) customary rights, franchises and liabilities arising from tenure;

(h) easements and profits à prendre, unless they are respectively created by express grant or reservation after the first registration of the land;

(i) tenancies created for any term not exceeding twenty-one years or for any less estate or interest, in cases where there is an occupation under such tenancies;

(j) the rights of every person in actual occupation of the land or in receipt of the rents and profits thereof, save where, upon enquiry made of such person, the rights are not disclosed;

(k) in the case of land registered with a possessory, qualified or good leasehold title, all rights excepted from the effect of registration;

(l) a perpetual yearly rent (in this section referred to as the superior rent) which is superior to another such rent (in this section referred to as the registered rent) registered as a burden on registered land and which, as between the said registered land and the registered rent, is primarily payable out of the registered rent in exoneration of such land;

(m) the covenants and conditions contained in the deed or other document creating the superior rent, in so far as those covenants and conditions affect such land;

(n) a purchase annuity payable in respect of a cottage which is the subject of a vesting order under the Labourers Act, 1936;

(o) restrictions imposed by section 21 of the Labourers Act, 1936 , on the mortgaging or charging of cottages purchased under that Act;

(p) rights acquired or in course of being acquired under the Statute of Limitations, 1957 ;

(q) burdens to which section 59 or 73 applies.

(2) Where it is proved to the satisfaction of the Registrar that any land registered or about to be registered is exempt from, or has ceased to be subject to, any estate duty, succession duty, former crown rent, tithe rentcharge, payment in lieu of tithe or tithe rentcharge, land improvement charge, drainage charge or annuity or rentcharge for the repayment of any advance made on account of purchase money as hereinbefore is mentioned, the Registrar may enter on the register notice of the fact.

(3) Where the existence of any such burdens is proved to the satisfaction of the Registrar, he may, with the consent of the registered owner or applicant for registration, or in pursuance of an order of the court, enter notice thereof on the register.