Cap. 296 Art. 28ACharges on land situate in a registration area but not registered.

(1) Land situate in a registration area, but which has not been registered, may, subject to the following provisions of this article, be charged by agreement, by operation of law or by judgment to the same extent and in the manner as if that land had been registered.

(2) A charge registered in accordance with sub-article (1) shall be subject to the condition that on the date of the application for its registration, the debtor was an owner of the land subject to such registered in accordance with sub-article (1) shall affect any person acquiring the land to the same extent and in the same manner as if such land had been registered and that charge had been a charge in respect of that registered land.

(4) When the registrar receives an application for the registration of the land subject to the charge registered in accordance with sub-article (1), he shall, if the person applying for the registration is the debtor referred to in the charge or derives title from such a debtor who was the owner of such land and to the extent of such ownership, register the charge as a charge on the title to the land so registered.

(5) Without prejudice to the foregoing provisions of this article, a charge registered in accordance with sub-article (1) shall have the same effect as a caution lodged with the registrar to the effect that the land subject to the charge shall not be registered for the first time in favour of any person until notice has been served upon the proprietor of the charge; and article 35(3) and article 37 shall apply to a proprietor of a charge registered in accordance with sub-article (1) as they apply to a cautioner.