Title 44, Chapter 2, Section 144
( 44-2-144)
(a) The registered owner of the fee simple title to land may cause a
transfer of the title to be registered to "himself, his heirs and
assigns, free from further registration." Thereupon the land and the
title thereto shall be free from the necessity of subsequent
registration and shall, as to subsequent transactions, be exempt
from this article so far as the interest of the person thus freeing
it from registration and subsequent holders under him are concerned;
but, as to such interest, the certificate of title and owner's
certificate registered and issued on the last transfer shall stand
as a conclusive source of subsequent title to the same extent as if
it were a grant from the state. However, if the interest thus freed
is, according to the title register, subject to liens, exceptions,
encumbrances, trusts, or limitations of any kind, such liens,
exceptions, encumbrances, trusts, or limitations shall not be
affected but shall be noted on the owner's certificate as issued on
the last transfer and shall be effective as long as they shall
exist. If the fee simple is registered undividedly in the name of
more than one person such as tenants in common or other like
relationship of joint or common interest, it shall not be freed from
registration except upon the unanimous action of the owners of the
entire fee. (b) A decree of registration rendered on or after February 15, 1952,
shall operate to free the registered land from further registration
unless it expressly provides that the land shall remain subject to
this article. (c) All lands heretofore registered in this state are declared to be
free of further registration unless the order registering said title
shall provide otherwise. The certificate of title and owner's
certificate registered and issued on the last transfer shall stand
as conclusive source of subsequent title. If the previously
registered land has been devised, conveyed, or otherwise transferred
by the last registered owner or said owner's representative, title
shall vest in the party to whom the land was transferred or that
party's heirs, successors, and assigns, notwithstanding the failure
to have had the same transferred on the title register as provided
in prior statutes; provided, however, if the land or interest freed
is subject to a valid outstanding lien, exception, encumbrance,
trust, or limitation according to the title register, the same shall
not be affected but shall be effective as long as the same shall
validly exist. |