No.

l/2012
LAND REGISTRY NOTICE
Land (Title Deeds Restoration) Act. Car.229C.

To: A LL M EA,I BERS oF TH E BAR

On March I 0, 201 1 , the Land (Title proce

rhe Third Schedule of rhar Act, rhe Land (T
amended lo. inter olia, expand the circumst
order Title Deeds resrored. Titie Deeds ma
destroyed or damaged, whether by disasrer
the ou,ner himself. or "rhrough misplaceme
by ano1her."

The Land Regisrry now rakes opportuniry ro advise Members of rhe Bar of the
follou'ing revision lo its form of^this
applicalion for resroration of deeds,
recenr amendmenls to rhe Land-(Title Deeds Restoration) Act, """r";;;;p;; ,;;
Cap.229C. This revised
procedure will take effecl from March 1,2012.

we express appreciation to those Members who offered commenls

on this revised form.
We found them very useful.

Summarv of docunrents to be provided

a) Recorded Applicarion with anached cenified copies ofDeeds

to be
resl ored;
b) Recorded Affidavir of Applicanr senjng out circumstances;
c) Recorded Affidavir ofany olher relevanr witness, ifappllcable;
d) Nrorice of AppJicarion published in two (2) n.*rpup"i, huu,ng a wrde
clrculalion,
e) Recorded Affidavir cerlifying pubricarion or'Norice of Apprication in the
newspapers and the resuJts thereof;
f) Cerllficate of Restoralion,
The AppJication, which includes a certified copy of rhe Deeds
to be reslored,
nrust be recorded wrth the cashier in the nomral way, prelinrinary
approval of
the Applicalion by rhe Registrar is no longer n..irrury. A duplicate
of the
deed soughr 1o be reslored musr also be lefl u,jth rhe Regisrrar,
Thjs u,jll be
bound up rn the Certificate of Restoration and retulnel to the
successfuj
applicant on.compJetion ofproceedings. Specimen fonrs of the
Appltcation
accolnpanv this Notice.
2. The Application should normally be supported by sufficient Affidavit
evidence establishing that the title deeds sought to be reslored have in fact
been lost or stolen or damaged by disaster or otherwise, as the case may be.
This will usually, but no1 always, involve a1 least two Affidavits: one from the
applicant and the other providing supponing evidence. The Affidavits must
disclose the full dealings with the land since acquisition. Affidavits must
attach any relevant exhibits.

J. If the title deeds are alleged lo be losl or srolen. the Affidavit must also
indicate the nature of all the searches made for rhem, whether by or behalf of
the applicant. AII Affidavits should also be recorded with rhe cashier.

4. ln their Affidavits, applicants should also undertake to surrender the original

deeds to the Registrar should those deeds ever retum to the applicant,s
cuslody.

5. Following recording of the Application, Norice of rhe Application must be

advertised twice in at least two (2) newspapers having a wide circulation ar
approximately l4-day intervals. The adverlisement should provide the public
with at least six (6) weeks' clear notice of the Application, starting frorn the
date of rhe first publication in the newspapers, A specimen form of the
advertisement also accompanies this Notice.

o After the six-week period has eJapsed, two originals of the Certificate(s) ol
Resroration should be engrossed on ,4.4 sized parchmenl and returned to the
Land Registry, along with an Affidavir verifying publication of rhe
adveriisemenls in the Press and indicaring the results thereof, A copy of the
adverlisement should be anached 10 this Affidavjl. A separale Cenificate must
be prepared for every deed sought to be restored.

7. To assist in determinrng the applrcation, the Registrar may convene a formal

hearing where necessary, panicularly where the applicant alleges that the
Deeds are stolen or are being conceaied or unreasonably withleld by some
person.

a The Applicant is encouraged to record the Certificate(s) at the Land Registry

as soon as possible after restoration. A specimen form of the Certificate of
Restoration accompanies this Notice.

o All documents submined in support of rhe Applicarion, should be supplied on

A4 stzed paper and must be lecorded with the cashier.

t0 Except for recording fees, no fee is presently payable ro the Land Registry for
resloration of title deeds.

TIMOTHY O. MAYNARD
REG]STRAR OF T]TLES
2012-01-27
 SPEC]MEN APPLICAT]ON TO RESTORE T]TLE DEED

BARBADOS

LAND (TTTLE DEEDS RESTORATTON) ACT CAp 22gC

(Section 3)
IN THE MATTER OF the
Restoration of Title Deeds to
land situate at [Lot 40
Trafalgar Square, St.
Michaell, containing b5,
admeasurement 2000 sq uare
fee t

RESTORATION OF TITLE DEEDS DESTROYED BY DISASTER

OR OTHERWISE, OR LOST OR STOLEN

TO: THE R-EGISTRAR OF TITLES

I/WE, lNan e of fee sintple owner , of lAddress of fee sintple

ownerJ HEREBY APPLY for rhe Restoralion of rhe foilowingiitt. o.litrj
which was/were lstate short reason for unavailability of orifinal a""a,
"is being unreasonabll, withhetd /rom mJ, lawfd custody.. - ".i.
(a)lDescribe the type of Deed, date and recording particulars,
names of the parties tlrereto and a full aescrtpiion oy *e
propertyJ;
(b)...
2. cenified true copies of the said ritle Deeds are submitted with rhis
Applicarion along with the Affida'its or BC, DE (and FG) of
laddressesJ

3. I/wE am the fee simpre owner of the property, the subject matrer of this
Application.

Dated this day of 2012

Applicant
SPECIMEN ADVERTISEMENT

BARBADOS

APPLI CATION NO: TProv;ae d by Land Regist4, on recording of ApplicarionJ

LAND (TITLE DEEDS RESTORATTON) ACT CAp 229C

(Section 3)

RESTORATION OF TITLE DEEDS DESTROYED BY DISASTER

OR OTHERWISE, OR LOST OR STOLEN

TAKE NOTICE that an Application has been made to the Registrar of Tilles
by lName of fee simple ownerl e.g. AB of [Address of fee simple ownerJ
for the Restoration of the Title Deed(s) to [Location of property e.g. Lot I
Kingsland, Christ ChurchJ (more panicularly described in the Schedule
hereto) on the grounds that the Original Title Deed(s) to the property
has4rave been lstate shorl reason for unavailability of original deed, e,g.
stolen from my home al 123 Restoration Drive, SL Michaell on the l6th
day ofJuly, 2013.

ALSO TAKE NOTICE that unless notification is received ar the Land

Registry, "Warrens Office Complex, Warrens, Saint Michael by [insert a
date six (6) weeks from date of Notice e.g. March 23, 2012J thar the Title
Deeds have not been [stolen, lost etc.J or are being lawfully held by some
other person, the Registrar of Titles shall immediately proceed to determine
the said Application according to law.

Dated this day of 2012

SCHEDULE

(Briefly, but suflicient to clearly describe the property. Abuttals not necesssry)

The Title Deeds to be restored are:

(a) Conveyancedated day of befiveen (1) and (2) and

recorded on day of I E38 in Volunre 434 of Deeds at
Page 23 as Deed No. 1989
 DRAFT
SPECIMEN CERTIF]CATE OF RESTORATION

BARBADOS

LAND (TTTLE DEEDS RESTORATTON) ACT CAp 22gC

(Section 4)

IN THE MATTER OF the

TITLE to land situate at Lot
40 Trafalgar Square, sr.
Michael, containing by
admeasurement 2000 square
feet

CERTIFICATE OF RESTORATION OF TITLE DEED

uPoN Application No. of 2011 for the Restoration of ritie Deeds made by
lName offee simple ownerf of in the parish of on the
and recorded at the Land Registry ofBarbados on the
day of, 2011.

AND BEING SATISFIED that the original of the fstate nature of deed,
e.9,, Conveyance or MortgageJ d,ated the duy of 20,
' ;;
made Between of the One F artand of the Other
Part and recorded at the Land Registry ofBarbados on the day
of as Deed No. of was [stare narure oy ioss
e.g. destroyed by fire, stolen... at ..... in the Ciry of Bridgetowi
- in the
parish of Saint Michael in this Island on the day iy , ZOIZ1.
I,TIMOTHY O'NEA_L__yly_NlRD, Registrar of Titles do hereby
ORDER thar THE CERTIFIED copy of the said ritle Deed attached
with and to this cerrificate is hereby R-EsroRED in the place ano steao
or
the.said desrroyed Original and shall have fuli legal effect for any
under any enactment or rure of law in force in this-rsland pursuant
il;";.
L's..tion
6 of the Land (Titre Deeds Restoration) Act cap zzsc ofttre Laws or
Barbados.

Dared this day of 201 I

REGISTRAR OF TITLES