XXVIII

Land Transfer.

memorial of such transfer indorsed on such grant or certificate shall be as good evidence that the transferee named in such memorial is seised of all the estate and interest in the said land of the person whose interest is expressed to be transferred, subject as in such grant or certificate mentioned or thereon indorsed, as if a certificate of title had been issued tor the same in the name of the transferee. 84. If the transfer purports to transfer an estate of freehold in possession, not being a lease for a life or lives in part of the land described in any grant or certificate, the transferor shall surrender such. grant or certificate to the Registrar, and the indorsement thereon by the Registrar of a memorial of such transfer shall have the effect of cancelling such grant or certificate so far as relates to the land transferred. 85. The Registrar, upon cancelling any grant or certificate by indorsement as aforesaid, shall issue to the transferee a certificate of title to the land transferred, and shall retain the partially cancelled grant or certificate, and when required by any person entitled thereto shall issue to such person a certificate of title for the untransferred balance of the land, or for any portion thereof. 86. (1.) When any certificate of title is partially cancelled by indorsement thereon of a memorial of transfer of a portion of the land, the Registrar may, at his discretion, allow the person entitled to the untransferred balance of the land, to retain such certificate, and the same shall, as to such untransferred balance, remain in full force and virtue ; provided that the memorial shall clearly define what portion of the land has been transferred. (2.) In the case of a transfer of a road-line to His Majesty the Registrar may mark such road-line upon the plan on the certificate, or upon a new plan upon the certificate, and indorse a description of such road-line upon the said certificate ; and in any such, case it shall not be necessary to issue a certificate for such, road-line, but the old certificate, or a new one, may be reissued without fee with such road-line marked thereon, with a memorandum that such transfer has been registered. 87. (1.) The registered proprietor of land under this Act— (a.) May transfer such land to his wife ; or (b.) If a married woman, may make such transfer to her husband ; or (c.) May make a transfer to himself jointly with any other person or persons ; and (d.) Create or execute any powers of appointment, or limit any estates, whether by remainder or in reversion, and whether contingent or otherwise, and for that purpose may modify or alter any form of transfer hereby prescribed. (2.) In case of the limitation of successive interests as aforesaid the Registrar shall cancel the grant or certificate evidencing the title of the transferor, and shall issue a certificate in the name of the person entitled to the freehold estate in possession for such estate as he is entitled to, and the persons successively entitled in reversion or remainder shall be entitled to be registered by virtue of the limitations in their favour in such instrument expressed, and each, such person upon his estate becoming vested in possession shall be entitled to a certificate of title for the same. 88. In every transfer of land subject to a mortgage there shall be implied a covenant on the part of the transferee to and with the

Certificate to be cancelled on transfer of portion of land only. 1908, No. 99, s. 85

New certificates to be issued for portion transferred and for balance. lb., s. 86

Certificate of title for balance of land not transferred may remain valid if sufficiently descriptive of such balance, lb., s. 87

Estates for life, or in reversion, or remainder may be created. lb., s. 88

Certificate to issue for estate in possession only.

Implied covenant in transfer of equity of redemption. lb., s. 89

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