Rule 189 – Application of the Act to rights other than incorporeal hereditaments held in gross

The provisions of the Act relating to the registration of the title to land (except those relative to the registration of limited ownerships, to the transfer of land and to burdens which are, without registration, to affect registered land) and the provisions of Section 64 relative to the transfer of charges shall apply to registration, in the register maintained under Section 8(b) of the Act, of the title to the rights in land specified at (b) and (c) of Rule 186, with the following modifications- 

(a) “right”, or “a right”, or “rights”, or “the rights”, or “a registered right”, or “the registered right”, shall be substituted, as the context may require, for “land”, or “lands”, or “freehold land”, or “registered land” and, in the provisions of the Act relating to charges, “right” shall be substituted for “charge”; 

(b) the person who may be registered as the owner of such a right shall be the person in whom the right is vested absolutely, whether for his/her own benefit or as a trustee; 

(c) “the right” shall be substituted for the words “of freehold land with an absolute title” and for the words “an estate in fee simple in the land together with all implied or express rights, privileges and appurtenances belonging or appurtenant thereto”, in Section 37(1); 

(d) the title conferred by registration on the owner of such a right shall not affect or prejudice the enforcement of any other right affecting the land on which the registered right is a burden that ranks in priority to or is in derogation of the registered right and subsisting or capable of arising at the time of the first registration; 

(e) the registration of an owner of a judgment mortgage shall not be a warranty that it is a valid burden on the property described in the register as affected by the right; 

(f) all the burdens in Section 72 shall be excluded from that section in its application to such a registered right, and “any other right” specified in paragraph (e) shall be included as burdens to which, though not registered, such a registered right is subject.