PART IVDEALINGS WITH REGISTERED LAND
General provisions
36Defeasance of registered owner's estate.
1
In any of the following cases of defeasance of the estate of a registered owner, that is to say, where—
a
under a power of sale conferred by a mortgage effected before the first registration of the land;
b
under a deed poll executed in pursuance of the Lands Clauses Acts or of any other statutory provision to the same effect;
c
under a sale in execution of the judgment of any court;
d
under a power of appointment;
e
under a vesting order;
f
under any statutory provision;
g
in any other case which may be prescribed;
the ownership of the estate passes to another person otherwise than by transfer from the registered owner or his personal representatives, then, subject as may be prescribed, the Registrar shall, on the application of that person and on production of such evidence as may be prescribedF1 and subject to subsections (2) and (3), register him as owner of the estate.
F12
Where it appears to the Registrar that the application may have been made without the knowledge of the registered owner, the Registrar may, before registering the applicant as owner of the estate, send notice of the application to the registered owner.
3
The Registrar may, in his discretion, decline to register the applicant as owner except in pursuance of an order of the court.