LEGAL PRINCIPLE: EVIDENCE LAW – Admissibility of Evidence – Effect of Unregistered Instruments on Land

Registration is a prerequisite for admissibility of instruments affecting land (deeds, conveyances, leases, mortgages). Unregistered instruments cannot be pleaded or tendered in evidence for purposes of establishing title or interests in land. This strict rule serves: certainty in land transactions, protection of third-party purchasers, and promotion of registration systems. The requirement applies to instruments “affecting land”—those creating, transferring, or encumbering interests. However, unregistered instruments may be admissible for other purposes (proving payment, showing nature of transaction, establishing fraud) as per Principle 210. The registration requirement doesn’t invalidate the instrument between parties—it remains valid contractually but inadmissible in court to prove land interests. This incentivizes registration and protects against secret conveyances defeating subsequent purchasers’ interests.