(1)  The Recorder must not register a dealing unless –

(a) the certificate of title, if any; or

(b) the grant, if any; or

(c) the duplicate registered dealing, if any –

to be affected by the dealing has been lodged with the Recorder for the purpose of registering that dealing.

(2)  Subsection (1) does not apply to the following dealings:

(a) the recording of a writ (referred to in section 61 ) and the registration of a transfer pursuant to a writ under section 61 ;

(b) discharges of mortgages pursuant to section 90 , and discharges of mortgages or encumbrances pursuant to sections 91 and 148 ;

(ba) in respect of the registration of a transfer on the exercise of a power of sale by a mortgagee or encumbrancee under section 78 , the memorandum of mortgage or the memorandum of encumbrance;

(c) satisfactions of encumbrances pursuant to section 94 ;

(d) orders under section 110 after notice has been given under subsection (4) of that section;

(e) action taken by the Recorder under section 138A , section 138B , section 138D or section 138X ;

(f) any other dealing where the Recorder considers that the production of the certificate of title, grant or registered dealing, if any, is not required.

(3)  Subsection (1) does not apply –

(a) where the Recorder dispenses, pursuant to section 160 (5) , with production of –

(i) a certificate of title, if any; or

(ii) a grant, if any; or

(iii) a duplicate registered dealing, if any; or

(b) where by the provisions of this or any other Act the Recorder is, expressly or by necessary implication, required or authorized to make the recording without production of –

(i) a certificate of title, if any; or

(ii) a grant, if any; or

(iii) a duplicate registered dealing, if any.

(4)  On registering a dealing, the Recorder shall note on the dealing the fact and date of its registration, and that notation shall be conclusive evidence that the dealing was duly registered on that date.

(5)  Where under subsection (1) a certificate of title, grant, or duplicate registered dealing is required to be lodged with the Recorder before the Recorder registers a dealing, the Recorder may, except as may otherwise be prescribed –

(a) make the same recording on –

(i) the relevant certificate of title, if any; or

(ii) the grant, if any; or

(iii) the duplicate registered dealing, if any –

as the Recorder has made on the folio of the Register or registered dealing to give effect to the dealing; or

(b) issue a certificate of title, or a new edition of the certificate of title, in accordance with the folio of the Register.

(6)  Where the Recorder has registered a dealing without the certificate of title, grant or duplicate registered dealing being produced to the Recorder, then, when the certificate of title, grant or duplicate registered dealing is next produced to the Recorder for any purpose, the Recorder may act as provided in subsection (5) .

(7)  Nothing in this section affects any power of the Recorder to compel production to the Recorder of the certificate of title, if any, the grant, if any, or the duplicate registered dealing, if any.

(8)  A failure by the Recorder to comply with any of the requirements of subsections (1) , (5) , and (6) does not invalidate the registration of a dealing.

(9)  Nothing in this section requires the Recorder to record –

(a) on a certificate of title, if any, or a grant, if any  –

(i) a caveat;

(ii) a priority notice; or

(iii) a dealing of a prescribed kind; or

(b) on a registered dealing or duplicate registered dealing, if any, any dealing –

which is recorded on the folio of the Register constituting the title to the land affected by the caveat, priority notice, or dealing.