• PART 14 PART 14 WRITS

    • 96. Request to register writ of execution

      The Registrar shall register a writ of execution relating to real property if —

      (a) a request to register the writ is lodged by the judgment creditor for whose benefit the writ was issued, together with an official copy of the writ; and
      (b) the request is lodged within 180 days of the date of issue of the writ.

    • 97. How writ is registered

      The Registrar registers a writ of execution by registering the writ in the folio.

    • 98. Effect of registering writ of execution

      (1) A writ of execution —
      (a) does not bind or affect real property until it is registered; and
      (b) binds or affects real property only if it is executed and put in force —
      (i) by not later than the first anniversary of the date it is issued; or
      (ii) within any extended time period allowed by the Court.
      (2) A registered writ of execution takes effect as if it were a registered mortgage securing the amount payable under the writ. A sale under the writ is treated as if it were a sale by a registered mortgagee in exercise of a power of sale.

    • 99. Cancellation of registration of writ

      The Registrar shall cancel the registration of a writ of execution if —

      (a) a request to cancel is lodged by the judgment creditor for whose benefit the writ was issued; or
      (b) the Registrar determines that the time or extended time for executing and putting the writ into force has expired.

    • 100. Discharging or satisfying writ of execution

      (1) If a registered writ of execution has been satisfied or discharged, the Registrar may register that fact in the folio.
      (2) The Registrar may act under subsection (1) —
      (a) on the Registrar's own initiative;
      (b) on application by a registered owner; or
      (c) by order of the Court.

    • 101. Transfer of lots sold in execution

      If a lot is sold under a registered writ of execution, the appropriate officer of the Court may execute a transfer to the purchaser.