Short title

Definitions. Performance of clerk’s and sheriff ’s duties by deputies; liability. Fraud, forgery, and theft in connection with registration of title to land; penalty. Fraudulent acts by office of clerk personnel; penalties. Fraud or false entries by sheriffs and deputies; penalties. Fraudulent acts and malpractice of examiners; penalty. Reduction of felonies under this article to misdemeanors. 44-2-73. 44-2-74. 44-2-75. 44-2-76. 44-2-77. Part 2 Proceedings to Register 44-2-60. 44-2-61. 44-2-62. 44-2-78. 44-2-79. Jurisdiction of superior court over matters in this article. Proceedings to be in rem; operation of decree. Procedure as to actions for registration; persons under disability. 44-2-80. 34 T.44, C.2 Persons claiming less than fee; establishing title without registration. Petition — Verification; contents; description of land; surveys; amendments. Petition — Inclusion of separate parcels in one proceeding; individual registration of separate parts of one tract. Petition — Persons included as defendants. Issuance and service of process or summons; service by publication; notice to nonresidents; request for petition; guardians ad litem. Appointment of resident agent for service on nonresident petitioner. Service upon state, county, or municipality. Waiver or acknowledgment of service. Conclusive effect of evidence of service of process and notice; liability of officers for false returns or failure to publish or mail notice. Posting notice on land and buildings; ascertainment of and notice to occupants; return to court; seizure and custody of the land and attachment of jurisdiction. Effect of notice; appearances or pleadings as waiver of service, notice, and defects. Service on other persons found by examiner to be entitled to notice. Additional notice; judge’s discretion. Who may file objections or cross-action to petition. Survey of land upon order of judge or examiner; notice to adjoining landowners; protest; procedure for trying issue. Dismissal without prejudice. Amendment or severance of petitions or other pleadings; power of court or examiner to require additional facts. Treatment of land pending reg- T.44, C.2 RECORDATION AND REGISTRATION OF DEEDS Sec. T.44, C.2 Sec. 44-2-81. 44-2-82. 44-2-83. 44-2-84. istration; appearance of person acquiring interest in land pending registration. No default judgment or decree. Entry of judgment and decree; inclusion of limitations and encumbrances; decree in favor of cross-action; separate decree for each parcel. Conclusiveness of decree; effect of disability on conclusiveness; recourse of persons under a disability against assurance fund. Review by Supreme Court. 44-2-124. 44-2-125. 44-2-126. 44-2-127. Part 3 Examiners 44-2-100. 44-2-101. 44-2-102. 44-2-103. 44-2-104. 44-2-105. Appointment and qualification of examiners and special examiners; filing order of appointment and affidavit. Referral of case to examiner; preliminary report; contents; time of filing; evidentiary effect. Hearing; final report; delay of hearing to add new parties; notice. Examiner’s powers; contents, filing, and notice of examiner’s report; right to jury trial, new trial, and appeal; recommitment to examiner after trial or reversal on appeal. Authority to inspect pertinent records. Appointment of stenographer; compensation. 44-2-128. 44-2-129. 44-2-130. 44-2-131. 44-2-132. 44-2-133. Part 4 44-2-134. Registers and Registration 44-2-120. 44-2-121. 44-2-122. 44-2-123. Furnishing and maintaining register books; issuance of owner’s certificate of title. Signing and dating register entries and owners’ certificates. Clerk’s duties and liabilities; conclusive effect of registration entries; time for filing caveat; petition for direction. Clerk’s duty to ensure proper execution of voluntary transfer; liability for damage or loss aris- 44-2-135. 44-2-136. 44-2-137. 35 ing from registration of improperly executed transfer. Performance of duties upon disqualification, death, or disability of clerk. When recordation other than registration not required; filing instruments; admissibility of certified copies and use as evidence; recordation procedure when instrument is not in short form. Notation of lien or encumbrance on certificate of title — In general. Notation of lien or encumbrance on certificate of title — Registered encumbrances, rights, and adverse claims. Registration of transactions affecting unregistered land as notice. Registration of involuntary transactions on court’s order; form. Cancellation of decedent’s certificate and issuance of new certificate to personal representative. Declaration of title by descent upon petition; service of petition and publication of notice; transfer of registered title and issuance of new certificates; rights of surviving spouse. Compelling production of owner’s certificate for registration of involuntary transfer; cancellation of certificate upon failure to produce it; notice of cancellation. Procedure for obtaining duplicate of lost owner’s certificate. Filing caveat objecting to entry in title register; show cause hearing upon caveat. Obtaining notations in title register. Cancellation of mortgage, lien, equity, or lis pendens; entry of cancellation on title register and certificate; procedure upon refusal to authorize cancellation. What adverse claims affect registered land; effect of fraud or forgery; limitations on actions to set aside. T.44, C.2 Sec. 44-2-138. 44-2-139. 44-2-140. 44-2-141. 44-2-142. 44-2-143. 44-2-144. Sec.