Commentary on the Sections Part 2: First Registration of Title Compulsory registration Section 6: Duty to apply for registration of title
34.This section imposes a duty on the responsible estate owner to apply for registration within the period for registration if the registration requirement applies. Where registration is triggered by the creation of a protected legal mortgage (under section 4 (1)(g)), the mortgagor must apply for the registration of the estate charged by the mortgage. As now, there is a power by rules to make provision to enable the mortgagee to require the estate charged by the mortgage to be registered, whether or not the mortgagor consents. In other cases it is the transferee or grantee who must apply. The period for registration is two months beginning with the date on which the relevant event occurs (subsection (4)), but subsection (5) enables the registrar, on application by an interested person, to specify a longer period for registration if there is a good reason for doing so.