Instructions for Transfer of Estate or Interest.

16. When land is intended to be transferred in fee, the proprietor fills up a memorandum of transfer, form D, stating the amount of purchase-money; and describing rights-of-way or other easements or privileges, if any, reserved by such proprietor; also rights-of-way or other easements, if any, over other lands, under the provisions of the Act, intended to be attached to and exercised in conjunction with the proprietorship of the land intended to be transferred.

17. If the land he under lease, the name, residence, and description of the tenant, the term of the lease, the amount of rent, and any material covenants, such as right of purchase, should be stated.

18. If the land be mortgaged or encumbered, the amount secured, the date when payable, the rate of interest, and other particulars, with the name, residence, and description of the mortgagee or encumbrancee should be stated; but if the land he settled, and the vendor acts in the capacity of trustee only, that circumstance must not be stated, as the purchaser has no occasion to look to the appropriation of the purchase-money.

19. When the intention is to vest the land in trustees, the words "no survivorship" may be introduced into the memorandum of transfer, the effect of which will be that in the event of the death, incapacity, or resignation of any trustee, the remaining trustees will be barred from dealing with the property until the original number of trustees is made up with the sanction of the Supreme Court, in manner prescribed in the 74th section of the Land Transfer Act, or unless the consent of the Supreme Court be obtained specially for the proposed dealing.

20. Upon the registration of any memorandum of transfer vesting land in trustees, a duplicate or attested copy of the deed of settlement, or other instrument declaratory of the trusts executed by the trustees, may be deposited in the Registry Office for safe custody and reference, and caveat may be lodged page 19 by the settlor, or by the trustees, or by any person beneficially entitled under the settlement, prohibiting any dealing with the land either absolutely or until twenty-one days' notice of the intended dealing has been given to the caveator, his solicitor or agent, as may be directed in the caveat. (See sections 72 to 74, and 88 to 91.)

21. The registered proprietor may also settle his estate without the instrumentality of trustees, by executing a transfer of the reversion reducing his own interest to that of tenant for life; or he may, in like manner, transfer the life estate to one person with remainder to others in succession, as he may appoint. A registered proprietor may also execute a transfer to his wife; or if the registered proprietor be a married woman, she may execute a transfer to her husband. A transfer may be executed by a registered proprietor vesting his estate in himself jointly with any other persons.

22. The existing grant, certificate of title, or, where the land has not been Crown-granted, the receipt for the purchase-money, most be deposited in the Registry Office, together with the memorandum of transfer.

23. When the fee-simple of the whole of the land included in an existing certificate of title is transferred, no fresh certificate need be issued; but when a part only is transferred, a certificate of title will be made out and delivered to the transferee in exchange for the memorandum of transfer, and a certificate for the balance of such land will, on payment of 20s., be issued to the proprietor, and the previous certificate will be cancelled, or, at the desire of the proprietor, the existing grant or certificate will be cancelled so far only as regards the portion of land transferred, and the issue of certificate for the balance postponed in anticipation of future sales. The deposited grant or certificate will, in such case, be retained in the District Land Registry Office. No certificate of title is issued for land not Crown-granted. If land is transferred to two or more persons without specifying that they hold it as tenants-in-common, it will vest in them as joint tenants, and one certificate of title only will be necessary. If it is vested in them as tcnants-in-common, a separate certificate must be issued to each person.

24. Properties represented by several grants or certificates of title may be dealt with under one memorandum of transfer to the page 20 same purchaser, who may exercise his discretion as to whether the lands shall be included in one certificate or divided into separate properties, each represented by a separate certificate; subject, however, to the existing regulations in respect to plans and diagrams.

25. When land is subdivided for the purpose of sale in allotments, the proprietor is required to deposit in the District land Registry Office a plan of such subdivision, certified by a declaration of a licensed surveyor in manner hereinbefore described, upon which the allotments, streets, squares, and other reserves for public purposes must be distinctly delineated, and the allotments numbered.

26. If the allotments be of an area not exceeding one statute acre, then the plan must be on a scale of not less than one inch to two chains. If the allotments be of an area exceeding one acre, but not exceeding five acres, then the plan must be on a scale of not less than one inch to five chains. If the allotments be of a greater area than five acres, then the plan must be on a scale of not less than one inch to ten chains. The above is the minimum scale for plans deposited; but a larger scale, as affording facility for marking off future subdivisions, is recommended for adoption whenever the township is of such moderate extent as may admit of it without inconvenience.

27. The proprietor, before proceeding to sale, should deposit with the District Land Registrar the grant or certificate of title to the lands comprised in the township; he should also provide himself with forms of memorandum of transfer to be filled in and executed in favour of each purchaser as sales are effected.

28. Whenever it is intended to confer a right-of-way or other easement or privilege over land, the memorandum of transfer may be modified so as to express clearly the nature of the casement or privilege intended to be conferred. A memorial of the easement granted will be entered on the folium of the register-book constituted by the grant or certificate of title of the land to which it attaches, and ou the duplicate thereof in the hands of the proprietor; and the duplicate memorandum of transfer will be returned to the transferee with certificate of registration indorsed thereon.

29. Mortgages, encumbrances, and leases may be transferred by a simple indorsement of the words following: "I, the within mentioned ____, in consideration of the sura of £ ____ this page 21 day paid to me by, the receipt of which I hereby acknowledge, do hereby transfer to him the estate or interest in respect to which I am registered as proprietor, as set forth and described in the within written security, together with all my rights, powers, estate, and interest therein. In witness whereof I have hereunto subscribed my name, this ____ day of ____ 18 ____." The transferee should sign as accepting, and the signatures should be attested by one witness.

30. The surrender of a lease is effected by indorsing the single word "Surrendered," signed by the lessor and lessee, and attested by one witness.

31. The instrument so executed and attested should then be presented with as little delay as possible at the District Land Registry Office, that the particulars of the indorsement may be entered in the register-book, and the certificate and seal of registration affixed, which give validity to the transaction.

32. Before paying the purchase-money, the purchasers should have the existing grant, certificate, or other instrument representing the title to the estate or interest which they purchase, delivered up, or should satisfy themselves that it has been already deposited in the District Land Registry Office.

33. Prudent persons will also take the precaution of making search, least any caveat should be lodged forbidding the District Land Registrar to give effect to the transfer.

34. The register-book may be searched by the party interested or by any person on his behalf. The fee is two shillings for each title searched, if the volume and folium of the register-book where the history of the title is recorded be given. The requisite information, however, may readily he obtained from the vendor, as every instrument issued from the District Land Registry Office bears upon it a memorandum referring to the volume and folio of the register book. If the reference be not given, the fee is as for general search, five shillings.

35. The fees are—For memorandum of transfer, ten shillings; for certificate of title, one pound; for certificate of title where the consideration for the transfer does not exceed £100 and is not nominal, ten shillings; for registering transfer or discharge of mortgage, or of encumbrance, or transfer or surrender of lease by indorsement, five shillings. The fees must be paid at the time the instrument is presented for registration.