Title 44, Chapter 2, Section 161
( 44-2-161)
(a) Whenever a part of any registered land is to be transferred or
conveyed, such transfer or conveyance shall be in a form
substantially the same as that used for a total transfer; but it
shall set forth particularly and specifically the portion of the
land transferred, if it is an undivided interest, or, if it is a
particular portion of the tract, it shall describe the portion
accurately and definitely. (b) In case an undivided interest is transferred, upon presentation
of the transfer together with the owner's certificate of title, the
clerk shall not cancel the owner's certificate so presented nor the
certificate of title on the title register but shall enter a
notation of the partial transfer on the certificate of title, on the
title register, and on the owner's certificate; and the clerk shall
also register upon the title register a certificate of title in the
name of the grantee of the undivided portion of the estate so
transferred and shall issue him a corresponding owner's certificate
setting out the part or amount of land transferred, as the case may
be. (c) If the transfer is of a divided part of the land, the clerk
shall first enter the fact of the transfer upon the certificate of
title on the title register and shall cancel the certificate of
title on the title register and the owner's certificate of title.
Thereupon, he shall register separate new certificates of title on
the title register, one in the name of the transferee for the
portion of the tract conveyed to him and the other in the name of
the transferor for the portion retained; and the clerk shall also
issue separate new owners' certificates accordingly. (d) The clerk shall note upon the title register and the owners'
certificates the reference and cross-reference to the certificates
referred to in subsections (b) and (c) of this Code section. |