CO129-595-5 Validity of registration of land during Japanese occupation 1-1-1945 - 31-12-1946 — Page 12

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which transactions will be challenged, and cannot therefore

left the present restriction until the establishment of the

Civil Courts, when aggrieved persons will, by registration of

lites pendentes, be able to protect their interests.

4. LEGAL POSITION.

If no further legislation is enacted, the legal position

would appear to be as follows:

(a) The Registration effected during the Japanese Occupa-

tion did not comply with the Land Registration Ordinance and in

the absence of military necessity for such non-compliance, is

invalid.

(b) The assignments, not being made by deed, were inopera-

tive to pass the legal estate.

(c) As soon as the ban on Japanese Occupation transactions

is removed, such assignments and generally all instruments, etc.

within the scope of the Ordinance could be registered.

(d) Such registration would have to be effected in accord-

ance with the

Ordinance but, even if so effected, the defect

in title would not be cured unless the legal estate was brought

in by fresh assignment or confirmatory deed.

(e) The entries made in green ink in our Registers cannot be

deemed to be entries made in pursuance of the Ordinance.

(f) It is at best doubtful whether any Japanese Registra-

tion or the transcription in green ink into our Registers would

operate as notice to a person succeeding in registering a fresh

transactions before the transaction to which such Japanese

Registration or transcription related had been properly regis-

tered, (Section 4 of the Ordinance), or a lis pendens entered.

5.

>

PROPOSED SOLUTION.

In these circumstances, it is difficult to suggest a

solution which is satisfactory to all parties. The following

solution however is suggested for consideration,

Provide by legislation

(a)

that the entries made in green ink by the Land

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