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The Laws of Fiji
Last Updated: 1 January 2019

[UNT 9] Issue of certificate of title in respect of unit9 

9
(1) On the deposit of a unit plan, the Registrar shall—
  • (a)issue a certificate of title in the name of the registered proprietor of the land to which the plan relates (and not that of the body corporate), for the unit estate in all of the units shown on the unit plan;
  • (b)cancel any existing certificate of title to the land; and
  • (c)where the unit plan relates to an estate as lessee under a registered lease of land and no separate certificate of title has been issued in respect of that estate, note an appropriate memorial on the lease.
(2) Notwithstanding subsection (1)(a), the Registrar may, at the request of the registered proprietor and subject to subsection (3), issue a separate certificate of title for a principal unit, which certificate of title may also include one or more accessory units.
(3) The Registrar shall—
  • (a)note on every certificate of title issued under this section, in such manner as to preserve their priority, the memorials of all unsatisfied mortgages, leases and other estates and interests, outstanding or otherwise, to which the land is subject at the time of issuing the certificate; and,
  • (b)in the case of a certificate issued to a minor or a person under any other legal disability, state the particulars of that disability so far as he or she has notice or knowledge of it.
(4) A certificate of title issued under this section shall be deemed to be a certificate of title issued under the Land Transfer Act 1971.
(5) It shall not be necessary in a certificate of title issued under this section to mention the quantum of the undivided share in the common property to which the proprietor is entitled by virtue of section 10(1).