1128. Enforcement.

The need to stamp an instrument arises from the inability to rely upon, enforce or register the instrument unless it is duly stamped. As interest is charged and penalties are imposed for late stamping1, there is a financial incentive to stamp the instrument within the time allowed by the legislation rather than risk having to pay the duty with interest and the penalty in the event of a subsequent dispute regarding the transaction embodied in the instrument or a need to establish title conferred by the instrument at some later date.

Where it is not obvious from the document being