Land Folio: Registering Burdens

Buteo Buteo · 07-12-2018 07:04PM #1

I own a piece of land as tenant in common with another owner.

I received my share of the land through a judicial separation court order and divorce court order.

A previous owner, now deceased, had a number of burdens against her registered on the land folio.

Those burdens have not been discharged.

I have been told that in spite of requesting that my share be registered on the folio free from encumbrances, that section 37 of Registration of Title Act, 1964 requires that all owners are jointly responsible for any burdens registered on the folio.

Is this correct and can I be forced to pay part of debts incurred by someone else, now dead, which I had nothing to do with?

Any advice appreciated.

Buteo Buteo · 08-12-2018 05:01PM

Also, mutual orders were made under section 18(10) of the Family Law (Divorce) Act, 1996 and my understanding from that is that I would not be responsible for any debts incurred by my late ex-wife and registered on the folio?

Two of those debts were incurred after the divorce order and against "the interest" of my ex-wife in the property.

The other registered burden (another debt) was registered before the divorce but after a judicial separation order extinguishing any rights either party had in the estate of the other.

I cannot see how my interest in the property would be liable for any those burdens. Am I reading this correctly?

nuac · 08-12-2018 05:19PM

In each case when were the original debts incurred and when were the charges registered?

Buteo Buteo · 08-12-2018 05:27PM

nuac wrote: »

In each case when were the original debts incurred and when were the charges registered?

Thanks for your response.

The debts were incured in 2005, 2011 and 2004 and registered on the folio in 2006, 2011 and 2012, respectively.

Land Folio: Registering Burdens

Comments