Land Registration Act 1925 (repealed)

Textual Amendments applied to the whole legislation

F133 Act repealed (prosp.) by Land Registration Act 2002 (c. 9), ss. 135, 136(2), Sch. 13 (with s. 129, Sch. 12)

Part I F133 E+W Preliminary

[F1 1 Registers to be continued. E+W

(1) The Chief Land Registrar shall continue to keep a register of title to freehold land and leasehold land.

(2) The register need not be kept in documentary form.]

Textual Amendments

F1 S. 1 substituted by Administration of Justice Act 1982 (c. 53, SIF 37), s. 66(1)

2 What estates may be registered. E+W

(1) After the commencement of this Act, estates capable of subsisting as legal estates shall be the only interests in land in respect of which a proprietor can be registered and all other interests in registered land (except overriding interests and interests entered on the register at or before such commencement) shall take effect in equity as minor interests, but all interests (except undivided shares in land) entered on the register at such commencement which are not legal estates shall be capable of being dealt with under this Act:

Provided that, on the occasion of the first dealing with any such interest, the register shall be rectified in such manner as may be provided by rules made to secure that the entries therein shall be similar to those which would have been made if the title to the land had been registered after the commencement of this Act.

(2) Subject as aforesaid, and save as otherwise expressly provided by this Act, this Act applies to land registered under any enactment replaced by this Act in like manner as it applies to land registered under this Act.

3 Interpretation. E+W

In this Act unless the context otherwise requires, the following expressions have the meanings hereby assigned to them respectively, that is to say:—

(i) “Charge by way of legal mortgage” means a mortgage created by charge under which, by virtue of the M1 Law of Property Act 1925, the mortgagee is to be treated as an estate owner in like manner as if a mortgage term by demise or subdemise were vested in him, and “legal mortgage” has the same meaning as in that Act;

[F2 (ii) “the court” means the High Court or, where county courts have jurisdiction by virtue of rules made under section 138(1) of this Act, the county court;]

(iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

(iv) “Estate owner” means the owner of a legal estate, but an infant is not capable of being an estate owner;

(v) “Gazette” means the London Gazette;

(vi) “Income” includes rents and profits;

(vii) “Instrument” does not include a statute, unless the statute creates a settlement;

(viii) “Land” includes land of any tenure (including land, subject or not to manorial incidents, enfranchised under Part V of the M2 Law of Property Act 1922), and mines and minerals, whether or not held with the surface, buildings or parts of buildings (whether the division is horizontal, vertical or made in any other way) and other corporeal hereditaments; also a manor, . . . F4 , and a rent and other incorporeal hereditaments, and an easement, right, privilege, or benefit in, over, or derived from land; F5 . . .and “hereditaments” mean real property which on an intestacy might, before the commencement of this Act, have devolved on an heir;

[F6 (ix) “Land charge” means a land charge of any class described in section 2 of the M3 Land Charges Act 1972 or a local land charge;]

(x) “Lease” includes an under-lease and any tenancy or agreement for a lease, under-lease or tenancy;

(xi) “Legal estates” mean the estates interests and charges in or over land subsisting or created at law which are by the M4 Law of Property Act 1925, authorised to subsist or to be created at law; and “Equitable interests” mean all the other interests and charges in or over land F5 . . .; an equitable interest “capable of subsisting at law” means such as could validly subsist at law if clothed with the legal estate;

(xii) “Limitation Acts” mean the M5 Real Property Limitation Acts 1833, M6 M7 1837 and 1874, and any Acts amending those Acts;

(xiii) “Manorial incidents” have the same meaning as in Part V of the M8 Law of Property Act 1922;

(xiv) “Mines and minerals” include any strata or seam of minerals or substances in or under any land, and powers of working and getting the same F5 . . .;

(xv) “Minor interests” mean the interests not capable of being disposed of or created by registered dispositions and capable of being overridden (whether or not a purchaser has notice thereof) by the proprietors unless protected as provided by this Act, and all rights and interests which are not registered or protected on the register and are not overriding interests, and include—

(a) in the case of land [F7 subject to a trust of land], all interests and powers which are under the M9 Law of Property Act 1925, capable of being overridden by the [F7 trustees], whether or not such interests and powers are so protected; and

(b) in the case of settled land, all interests and powers which are under the M10 Settled Land Act 1925, and the M11 Law of Property Act 1925, or either of them, capable of being overridden by the tenant for life or statutory owner, whether or not such interests and powers are so protected as aforesaid;

(xvi) “Overriding interests” mean all the incumbrances, interests, rights, and powers not entered on the register but subject to which registered dispositions are by this Act to take effect, and in regard to land registered at the commencement of this Act include the matters which are by any enactment repealed by this Act declared not to be incumbrances;

(xvii) “Personal representative” means the executor, original or by representation, or administrator for the time being of a deceased person, and as regards any liability for the payment of death duties includes any person who takes possession of or intermeddles with the property of a deceased person without the authority of the personal representatives or the court; and where there are special personal representatives for the purposes of any settled land, it means, in relation to that land, those representatives;

(xviii) “Possession” includes receipt of rents and profits or the right to receive the same, if any;

(xix) “Prescribed” means prescribed by general rules made in pursuance of this Act;

(xx) “Proprietor” means the registered proprietor for the time being of an estate in land or of a charge;

(xxi) “Purchaser” means a purchaser in good faith for valuable consideration and includes a lessee, mortgagee, or other person who for valuable consideration acquires any interest in land or in any charge on land;

(xxii) “Registered dispositions” mean dispositions which take effect under the powers conferred on the proprietor by way of transfer, charge, lease or otherwise and to which (when required to be registered) special effect or priority is given by this Act on registration;

(xxiii) “Registered estate,” in reference to land, means the legal estate, or other registered interest, if any, as respects which a person is for the time being registered as proprietor, but does not include a registered charge and a “registered charge” includes a mortgage or incumbrance registered as a charge under this Act;

(xxiv) “Registered land” means land or any estate or interest in land the title to which is registered under this Act or any enactment replaced by this Act, and includes any easement, right, privilege, or benefit which is appurtenant or appendant thereto, and any mines and minerals within or under the same and held therewith;

(xxv) “Rent” includes a rent service or a rent-charge, or other rent, toll, duty, royalty, or annual or periodical payment, in money or money’s worth, issuing out of or charged upon land, but does not include mortgage interest;

(xxvi) “Settled land” “settlement” “tenant for life” “statutory owner” “trustees of the settlement” “capital money” . . . F8 “trust corporation” “trust instrument” “vesting deed” “vesting order” “vesting assent” and “vesting instrument” have the same meanings as in the M12 Settled Land Act 1925;

(xxvii) A “term of years absolute” means a term of years, whether at a rent or not, taking effect either in possession or in reversion, with or without impeachment for waste, subject or not to another legal estate and either certain or liable to determination by notice, re-entry, operation of law, or by a provision for cesser on redemption, or in any other event (other than the dropping of a life, or the determination of a determinable life interest), but does not include any term of years determinable with life or lives or with the cesser of a determinable life interest, nor, if created after the commencement of this Act, a term of years which is not expressed to take effect in possession within twenty-one years after the creation thereof where required by the M13 Law of Property Act 1925, to take effect within that period; and in this definition the expression “term of years” includes a term for less than a year, or for a year or years and a fraction of a year or from year to year;

F9 (xxviii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9 (xxix) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(xxx) “United Kingdom” means Great Britain and Northern Ireland;

(xxxi) “Valuable consideration” includes marriage, but does not include a nominal consideration in money;

(xxxii) “Will” includes codicil.

Textual Amendments

F2 S. 3(ii) substituted by Administration of Justice Act 1982 (c. 53, SIF 37), Sch. 5 para. (a)

F3 S. 3(iii) repealed with saving by Finance Act 1975 (c. 7, SIF 99: 3), Sch. 13 Pt. I

F4 Words “an advowson” repealed (the repealing Measure extending to the provinces of Canterbury and York) by Patronage (Benefices) Measure 1986 (No. 3, SIF 21:4), ss. 1(2), 6(2), 42(3)

F5 Words in s. 3(viii)(xi)(xiv) repealed (1.1.1997) by 1996 c. 47,s. 25(2), Sch. 4 (with ss. 24(2), 25(4)); S.I. 1996/2974, art. 2

F6 S. 3(ix) substituted with savings by Local Land Charges Act 1975 (c. 76, SIF 98: 2), s. 19(2)—(4), Sch. 1

F7 Words in s. 3(xv) substituted (1.1.1997) by 1996 c. 47, s. 25(1), Sch. 3 para. 5(2) (with ss. 24(2), 25(4)); S.I. 1996/2974, art.2

F8 Words repealed by Mental Health Act 1959 (c. 72, SIF 85),Sch. 8 Pt. I

F9 S. 3(xxviii)(xxix) repealed (1.1.1997) by 1996 c. 47, s. 25(2), Sch. 4 (with ss. 24(2), 25(4)); S.I. 1996/2974, art. 2

Modifications etc. (not altering text)

C1 Reference in s. 3(xii) to Real Property Limitation Acts 1833, 1837 and 1874 to be construed as reference to Limitation Act 1980 (c. 58, SIF 79): Interpretation Act 1978 (c. 30, SIF 115:1), s. 17(2)(a)

Marginal Citations

M1 1925 c. 20 (98:1).

M2 1922 c. 16 (98:1).

M3 1972 c. 61 (98:2).

M4 1925 c. 20 (98:1).

M5 1833 c. 27.

M6 1837 c. 28.

M7 1874 c. 57.

M8 1922 c. 16 (98:1).

M9 1925 c. 20 (98:1).

M10 1925 c. 18. (98:3).

M11 1925 c. 20 (98:1).

M12 1925 c. 18 (98:3).

M13 1925 c. 20 (98:1).

Part II F133 E+W Registration of Land

Freehold LandF133 E+W

4 Application for registration of freehold land. E+W

Where the title to be registered is a title to a freehold estate in land—

(a) any estate owner holding an estate in fee simple (including a tenant for life, statutory owner, personal representative, or [F10 trustee of land]) whether subject or not to incumbrances; or

(b) any other person (not being a mortgagee where there is a subsisting right of redemption or a person who has merely contracted to buy land) who is entitled to require a legal estate in fee simple whether subject or not to incumbrances, to be vested in him;

may apply to the registrar to be registered in respect of such estate, or, in the case of a person not in a fiduciary position, to have registered in his stead any nominee, as proprietor with an absolute title or with a possessory title:

Provided that—

(i) Where an absolute title is required the applicant or his nominee shall not be registered as proprietor until and unless the title is approved by the registrar;

(ii) Where a possessory title is required the applicant or his nominee may be registered as proprietor on giving such evidence of title and serving such notices, if any, as may for the time being be prescribed;

(iii) If, on an application for registration with possessory title, the registrar is satisfied as to the title to the freehold estate, he may register it as absolute, whether the applicant consents to such registration or not, but in that case no higher fee shall be charged than would have been charged for registration with possessory title.

Textual Amendments

F10 Words in s. 4 substituted (1.1.1997) by 1996 c. 47, s. 25(1), Sch. 3 para. 5(3) (with s. 24(2), 25(4)); S.I. 1996/2974, art.2

Modifications etc. (not altering text)

C2 S. 4 restricted by Land Registration Act 1966 (c. 39, SIF 98:2), s. 1(2)

5 Effect of first registration with absolute title. E+W

Where the registered land is a freehold estate, the registration of any person as first proprietor thereof with an absolute title shall vest in the person so registered an estate in fee simple in possession in the land, together with all rights, privileges, and appurtenances belonging or appurtenant thereto, subject to the following rights and interests, that is to say,—

(a) Subject to the incumbrances, and other entries, if any, appearing on the register; and

(b) Unless the contrary is expressed on the register, subject to such overriding interests, if any, as affect the registered land; and

(c) Where the first proprietor is not entitled for his own benefit to the registered land subject, as between himself and the persons entitled to minor interests, to any minor interests of such persons of which he has notice,

but free from all other estates and interests whatsoever, including estates and interests of His Majesty.

6 Effect of first registration with possessory title. E+W

Where the registered land is a freehold estate, the registration of any person as first proprietor thereof with a possessory title only shall not affect or prejudice the enforcement of any estate, right or interest adverse to or in derogation of the title of the first proprietor, and subsisting or capable of arising at the time of registration of that proprietor; but save as aforesaid, shall have the same effect as registration of a person with an absolute title.

7 Qualified title. E+W

(1) Where an absolute title is required, and on the examination of the title it appears to the registrar that the title can be established only for a limited period, or only subject to certain reservations, the registrar may, on the application of the party applying to be registered, by an entry made in the register, except from the effect of registration any estate, right, or interest—

(a) arising before a specified date, or

(b) arising under a specified instrument or otherwise particularly described in the register,

and a title registered subject to such excepted estate, right, or interest shall be called a qualified title.

(2) Where the registered land is a freehold estate, the registration of a person as first proprietor thereof with a qualified title shall have the same effect as the registration of such person with an absolute title, save that registration with a qualified title shall not affect or prejudice the enforcement of any estate, right or interest appearing by the register to be excepted.

Leasehold LandF133 E+W

8 Application for registration of leasehold land. E+W

(1) Where the title to be registered is a title to a leasehold interest in land—

(a) any estate owner (including a tenant for life, statutory owner, personal representative, or [F11 trustee of land], but not including a mortgagee where there is a subsisting right of redemption), holding under a lease for a term of years absolute of which more than twenty-one are unexpired, whether subject or not to incumbrances, or

(b) any other person (not being a mortgagee as aforesaid and not being a person who has merely contracted to buy the leasehold interest) who is entitled to require a legal leasehold estate held under such a lease as aforesaid (whether subject or not to incumbrances) to be vested in him,

may apply to the registrar to be registered in respect of such estate, or in the case of a person not being in a fiduciary position to have registered in his stead any nominee, as proprietor with an absolute title, with a good leasehold title or with a possessory title:

Provided that—

(i)

Where an absolute title is required, the applicant or his nominee shall not be registered as proprietor until and unless the title both to the leasehold and to the freehold, and to any intermediate leasehold that may exist, is approved by the registrar;

(ii)

Where a good leasehold title is required, the applicant or his nominee shall not be registered as proprietor until and unless the title to the leasehold interest is approved by the registrar;

(iii)

Where a possessory title is required, the applicant or his nominee may be registered as proprietor on giving such evidence of title and serving such notices, if any, as may for the time being be prescribed;

(iv)

If on an application for registration with a possessory title the registrar is satisfied as to the title to the leasehold interest, he may register it as good leasehold, whether the applicant consents to such registration or not, but in that case no higher fee shall be charged than would have been charged for registration with possessory title.

[F12 (1A) An application for registration in respect of leasehold land held under a lease in relation to the grant or assignment of which section 123A of this Act applies may be made within the applicable period within the meaning of section 123A, notwithstanding that by the date of the application the unexpired term of the lease is not more than twenty-one years.]

F13 [(2) Leasehold land held under a lease containing a prohibition or restriction on dealings therewith inter vivos shall not be registered under this Act unless and until provision is made in the prescribed manner for preventing any dealing therewith in contravention of the probibition or restriction by an entry on the register to that effect, or otherwise.]

(3) Where on an application to register a mortgage term, wherein no right of redemption is subsisting, it appears that the applicant is entitled in equity to the superior term, if any, out of which it was created, the registrar shall register him as proprietor of the superior term without any entry to the effect that the legal interest in that term is outstanding, and on such registration the superior term shall vest in the proprietor and the mortgage term shall merge therein:

Provided that this subsection shall not apply where the mortgage term does not comprise the whole of the land included in the superior term, unless in that case the rent, if any, payable in respect of the superior term has been apportioned, or the rent is of no money value or no rent is reserved, and unless the covenants, if any, entered into for the benefit of the reversion have been apportioned (either expressly or by implication) as respects the land comprised in the mortgage term.

Textual Amendments

F11 Words in s. 8(1) substituted (1.1.1997) by 1996 c. 47, s. 25(1), Sch. 3 para. 5(4) (with s. 24(2), 25(4)); S.I. 1996/2974, art. 2

F12 S. 8(1A) substituted (1.4.1998) by 1997 c. 2, s. 4(1), Sch. 1 para. 1(1); S.I. 1997/3036, art. 2 (with art. 3)

F13 S. 8(2) substituted by Land Registration Act 1986 (c. 26, SIF 98:2), s. 3(1)(2)

Modifications etc. (not altering text)

C3 S. 8 restricted by Land Registration Act 1966 (c. 39, SIF 98:2), s. 1(2)

C4 S. 8 extended by Housing Act 1985 (c. 68, SIF 61), s. 154(6) and Sch. 9A para. 3 (as inserted by Housing and Planning Act 1986 (c. 63, SIF 61), s. 8(2), Sch. 2) and S. I. 1986/2092, art. 10 Sch. 2 para. 3

9 Effect of first registration with absolute title. E+W

Where the registered land is a leasehold interest, the registration under this Act of any person as first proprietor thereof with an absolute title shall be deemed to vest in such person the possession of the leasehold interest described, with all implied or expressed rights, privileges, and appurtenances attached to such interest, subject to the following obligations, rights, and interests, that is to say,—

(a) Subject to all implied and express covenants, obligations, and liabilities incident to the registered land; and

(b) Subject to the incumbrances and other entries (if any) appearing on the register; and

(c) Unless the contrary is expressed on the register, subject to such overriding interests, if any, as affect the registered land; and

(d) Where such first proprietor is not entitled for his own benefit to the registered land subject, as between himself and the persons entitled to minor interests, to any minor interests of such persons of which he has notice;

but free from all other estates and interests whatsoever, including estates and interests of His Majesty.

10 Effect of first registration with good leasehold title. E+W

Where the registered land is a leasehold interest, the registration of a person as first proprietor thereof with a good leasehold title shall not affect or prejudice the enforcement of any estate, right or interest affecting or in derogation of the title of the lessor to grant the lease, but, save as aforesaid, shall have the same effect as registration with an absolute title.

11 Effect of first registration with possessory title. E+W

Where the registered land is a leasehold interest, the registration of a person as first proprietor thereof with a possessory title shall not affect or prejudice the enforcement of any estate, right, or interest (whether in respect of the lessor’s title or otherwise) adverse to or in derogation of the title of such first registered proprietor, and subsisting or capable of arising at the time of the registration of such proprietor; but, save as aforesaid, shall have the same effect as registration with an absolute title.

12 Qualified title. E+W

(1) Where on examination it appears to the registrar that the title, either of the lessor to the reversion or of the lessee to the leasehold interest, can be established only for a limited period, or subject to certain reservations, the registrar may, upon the request in writing of the person applying to be registered, by an entry made in the register, except from the effect of registration any estate, right or interest—

(a) arising before a specified date, or

(b) arising under a specified instrument, or otherwise particularly described in the register,

and a title registered subject to any such exception shall be called a qualified title.

(2) Where the registered land is a leasehold interest, the registration of a person as first proprietor thereof with a qualified title shall not affect or prejudice the enforcement of any estate, right, or interest appearing by the register to be excepted, but, save as aforesaid, shall have the same effect as registration with a good leasehold title or an absolute title, as the case may be.

Preliminaries to RegistrationF133 E+W

13 Regulations as to examination of title by registrar. E+W

The examination by the registrar of any title under this Act shall be conducted in the prescribed manner:

Provided that—

(a) Due notice shall be given, where the giving of such notice is prescribed, and sufficient opportunity shall be afforded to any persons desirous of objecting to come in and state their objections to the registrar; and

(b) The registrar shall have jurisdiction to hear and determine any such objections, subject to an appeal to the court in the prescribed manner and on the prescribed conditions; and

(c) If the registrar, upon the examination of any title, is of opinion that the title is open to objection, but is nevertheless a title the holding under which will not be disturbed, he may approve of such title, or may require the applicant to apply to the court, upon a statement signed by the registrar, for its sanction to the registration.

14 Evidence required before registration. E+W

(1) Before the completion of the registration of any estate in land in respect of which an examination of title is required, the applicant for registration and his solicitor, shall each, if required by the registrar, make an affidavit or declaration that to the best of his knowledge and belief all deeds, wills, and instruments of title, and all charges and incumbrances affecting the title which is the subject of the application, and all facts material to such title, have been disclosed in the course of the investigation of title made by the registrar.

(2) The registrar may require any person making an affidavit or declaration in pursuance of this section to state in his affidavit or declaration what means he has had of becoming acquainted with the several matters referred to in this section; and if the registrar is of opinion that any further or other evidence is necessary or desirable, he may refuse to complete the registration until such further or other evidence is produced.

(3) Before the registration of any person who has not previously acquired the estate intended to be registered, the registrar shall be satisfied that all ad valorem stamp duty, if any, which, if the estate had been acquired by him, would have been payable in respect of the instrument vesting that estate in him, has been discharged.

Modifications etc. (not altering text)

C5 S. 14(1) extended by Administration of Justice Act 1985 (c. 61, SIF 98:1), s. 34(1)(b)

15 Production of deeds. E+W

(1) When an application has been made to the registrar for the registration of any title to land, then if any person has in his possession or custody any deeds, instruments, or evidences of title relating to or affecting such title, to the production of which the applicant or any trustee for him is entitled, the registrar may require such person to show cause, within a time limited, why he should not produce such deeds, instruments, or evidences of title to the registrar, or otherwise, as the registrar may deem fit; and, unless cause is shown to the satisfaction of the registrar within the time limited, such deeds, instruments, and evidences of title may be ordered by the registrar to be produced at the expense of the applicant, at such time and place, and in such manner, and on such terms, as the registrar thinks fit.

(2) Any person aggrieved by an order of the registrar under this section may appeal in the prescribed manner to the court, which may annul or confirm the order of the registrar with or without modification.

(3) If any person disobeys any order of the registrar made in pursuance of this section, the registrar may certify such disobedience to the court, and thereupon such person, subject to such right of appeal as aforesaid, may be punished by the court in the same manner in all respects as if the order made by the registrar were the order of the court.

16 Deeds to be marked with notice of registration. E+W

A person shall not be registered as proprietor until, if required by the registrar, he has produced to him such documents of title, if any, as will, in the opinion of the registrar, when stamped or otherwise marked, give notice to any purchaser or other person dealing with the land of the fact of the registration, and the registrar shall stamp or otherwise mark the same accordingly, unless the registrar is satisfied that without such stamping or marking the fact of such registration cannot be concealed from a purchaser or other person dealing with the land:

Provided that, in the case of registration with a possessory title, the registrar may act on such reasonable evidence as may be prescribed as to the sufficiency of the documents produced, and as to dispensing with their production in special circumstances.

17 Costs of application for registration. E+W

(1) All costs, charges, and expenses that are incurred by any parties in or about any proceedings for registration shall, unless the parties otherwise agree, be taxed by the taxing officer of the court as between solicitor and client, but the persons by whom and the proportions in which such costs, charges, and expenses are to be paid shall be in the discretion of the registrar, and shall be determined according to orders of the registrar, regard being had to the following provision, namely, that any applicant under this Act is liable prima facie to pay all costs, charges, and expenses incurred by or in consequence of his application, except—

(a) in a case where parties object whose rights are sufficiently secured without their appearance; and

(b) where any costs, charges, or expenses are incurred unnecessarily or improperly:

Provided that any party aggrieved by any order of the registrar under this section may appeal in the prescribed manner to the court, which may annul or confirm the order of the registrar, with or without modification.

(2) If any person disobeys any order of the registrar made in pursuance of this section, the registrar may certify such disobedience to the court, and thereupon such person, subject to such right of appeal as aforesaid, may be punished by the court in the same manner in all respects as if the order made by the registrar were the order of the court.

Part III F133 E+W Registered Dealings with Registered Land

Dispositions of Freehold LandF133 E+W

18 Powers of disposition of registered freeholds. E+W

(1) Where the registered land is a freehold estate the proprietor may, in the prescribed manner, transfer the registered estate in the land or any part thereof, and, subject to any entry in the register to the contrary, may in the prescribed manner—

(a) transfer the fee simple in possession of all or any mines or minerals apart from the surface; or of the surface without all or any of the mines and minerals;

(b) grant an annuity or a rentcharge in possession (either perpetual or for a term of years absolute) in any form which sufficiently refers in the prescribed manner to the registered land charged;

(c) grant in fee simple in possession any easement, right, or privilege in, over, or derived from the registered land or any part thereof, in any form which sufficiently refers, in the prescribed manner, to the registered servient tenement and to the dominant tenement, whether being registered land or not;

(d) transfer the fee simple in possession of the registered land or any part thereof, subject to the creation thereout, by way of reservation, in favour of any person of an annuity or a rentcharge in possession (either perpetual or for a term of years absolute), or of any easement, right, or privilege in possession (either in fee simple or for a term of years absolute);

(e) grant (subject or not to the reservation of an easement, right, or privilege) a lease of the registered land or any part thereof, or of all or any mines and minerals apart from the surface, or of the surface without all or any of the mines and minerals, or of an easement, right or privilege in or over the land, or any part thereof, for any term of years absolute for any purpose (but where by way of mortgage subject to the provisions of this Act and the M14 Law of Property Act 1925, relating thereto), and in any form which sufficiently refers, in the prescribed manner, to the registered land.

(2) A perpetual annuity or rentcharge in possession may be granted or reserved to any person with or without a power of re-entry, exercisable at any time, on default of payment thereof, or on breach of covenant, and shall have incidental thereto all the powers and remedies (as varied if at all by the disposition creating the rentcharge) for recovery thereof conferred by the M15 Law of Property Act 1925; and where an easement, right, or privilege is reserved in a registered disposition for a legal estate, the reservation shall operate to create the same for the benefit of the land for the benefit of which the right is reserved.

(3) A lease for a term, not exceeding twenty-one years, to take effect in possession or within one year from the date thereof F14 . . .may be granted and shall take effect under this section notwithstanding that a caution, notice of deposit of a certificate, restriction, or inhibition (other than a bankruptcy inhibition) may be subsisting, but subject to the interests intended to be protected by any such caution, notice, restriction, or inhibition.

(4) The foregoing powers of disposition shall (subject to the express provisions of this Act and of the M16 Law of Property Act 1925, relating to mortgages) apply to dispositions by the registered proprietor by way of charge or mortgage; but no estate, other than a legal estate, shall be capable of being disposed of, or created under this section.

(5) In this Act “transfer” or “disposition” when referring to registered freehold land includes any disposition authorised as aforesaid; and “transferee” has a corresponding meaning.

Textual Amendments

F14 Words repealed by Land Registration Act 1986 (c. 26, SIF 98:2), s. 4(2)(5)

Marginal Citations

M14 1925 c. 20 (98:1).

M15 1925 c. 20 (98:1).

M16 1925 c. 20 (98:1).

19 Registration of disposition of freeholds. E+W

(1) The transfer of the registered estate in the land or part thereof shall be completed by the registrar entering on the register the transferee as the proprietor of the estate transferred, but until such entry is made the transferor shall be deemed to remain proprietor of the registered estate; and, where part only of the land is transferred, notice thereof shall also be noted on the register.

(2) All interests transferred or created by dispositions by the proprietor, other than a transfer of the registered estate in the land, or part thereof, shall, subject to the provisions relating to mortgages, be completed by registration in the same manner and with the same effect as provided by this Act with respect to transfers of registered estates and notice thereof shall also be noted on the register:

Provided that nothing in this subsection—

(a) shall authorise the registration of a lease granted for a term not exceeding twenty-one years, or require the entry of a notice of such a lease F15 . . .; or

(b) shall authorise the registration of a mortgage term where there is a subsisting right of redemption; or

(c) shall render necessary the registration of any easement, right, or privilege except as appurtenant to registered land, or the entry of notice thereof except as against the registered title of the servient land.

Every such disposition shall, when registered, take effect as a registered disposition, and a lease made by the registered proprietor under the last foregoing section which is not required to be registered or noted on the register shall nevertheless take effect as if it were a egistered disposition immediately on being granted.

(3) The general words implied in conveyances under the M17 Law of Property Act 1925, shall apply, so far as applicable thereto, to dispositions of a registered estate.

Textual Amendments

F15 Words repealed by Land Registration Act 1986 (c. 26, SIF 98:2), s. 4(3)(5)

Marginal Citations

M17 1925 c. 20 (98:1).

20 Effect of registration of dispositions of freeholds. E+W

(1) In the case of a freehold estate registered with an absolute title, a disposition of the registered land or of a legal estate therein, including a lease thereof, for valuable consideration shall, when registered, confer on the transferee or grantee an estate in fee simple or the term of years absolute or other legal estate expressed to be created in the land dealt with, together with all rights, privileges, and appurtenances belonging or appurtenant thereto, including (subject to any entry to the contrary in the register) the appropriate rights and interests which would, under the M18 Law of Property Act 1925, have been transferred if the land had not been registered, subject—

(a) to the incumbrances and other entries, if any, appearing on the register [F16 and any charge for capital transfer tax subject to which the disposition takes effect under section 73 of this Act]; and

(b) unless the contrary is expressed on the register, to the overriding interests, if any, affecting the estate transferred or created,

but free from all other estates and interests whatsoever, including estates and interests of His Majesty, and the disposition shall operate in like manner as if the registered transferor or grantor were (subject to any entry to the contrary in the register) entitled to the registered land in fee simple in possession for his own benefit.

(2) In the case of a freehold estate registered with a qualified title a disposition of the registered land or of a legal estate therein, including a lease thereof, for valuable consideration shall, when registered, have the same effect as it would have had if the land had been registered with an absolute title, save that such disposition shall not affect or prejudice the enforcement of any right or interest appearing by the register to be excepted.

(3) In the case of a freehold estate registered with a possessory title, a disposition of the registered land or of a legal estate therein, including a lease thereof, for valuable consideration shall not affect or prejudice the enforcement of any right or interest adverse to or in derogation of the title of the first registered proprietor, and subsisting or capable of arising at the time of the registration of such proprietor; but, save as aforesaid, shall when registered have the same effect as it would have had if the land had been registered with an absolute title.

(4) Where any such disposition is made without valuable consideration, it shall, so far as the transferee or grantee is concerned, be subject to any minor interests subject to which the transferor or grantor held the same, but, save as aforesaid, shall, when registered, in all respects, and in particular as respects any registered dealings on the part of the transferee or grantee, have the same effect as if the disposition had been made for valuable consideration.

Textual Amendments

F16 Words inserted by Finance Act 1975 (c. 7), Sch. 12 para. 5(2)

Modifications etc. (not altering text)

C6 S. 20 extended by Housing Act 1985 (c. 68, SIF 61), Sch. 9A para. 6(1)(a) (as inserted by Housing and Planning Act 1986 (c. 63, SIF 61), s. 8(2), Sch. 2 para. 3) and extended by S. I. 1986/2092 art. 10, Sch. 2 para. 6(1)(a)

Marginal Citations

M18 1925 c. 20 (98:1).

Dispositions of Leasehold LandF133 E+W

21 Powers of disposition of registered leaseholds. E+W

(1) Where the registered land is a leasehold interest the proprietor may, in the prescribed manner, transfer the registered estate in the land or any part thereof, and, subject to any entry in the register to the contrary may in the prescribed manner—

(a) transfer all or any of the leasehold mines and minerals apart from the surface; or the surface without all or any of the leasehold mines and minerals;

(b) grant (to the extent of the registered estate) any annuity or rentcharge in possession, easement, right or privilege in, over, or derived from the registered land or any part thereof, in any form which sufficiently refers, in the prescribed manner, to the registered lease, and to the dominant tenement, whether being registered land or not;

(c) transfer the registered land or any part thereof subject to a reservation to any person of any such annuity, rentcharge, easement, right, or privilege;

(d) grant (subject or not to the reservation of an easement, right or privilege) an underlease of the registered land, or any part thereof, or of all or any mines and minerals apart from the surface, or of the surface without all or any of the mines and minerals, or of an easement, right or privilege, in or over the registered land or any part thereof, for any term of years absolute of less duration than the registered estate and for any purpose (but where by way of mortgage, subject to the provisions of this Act and of the M19 Law of Property Act 1925, relating thereto), and in any form which sufficiently refers in the prescribed manner to the registered land, and in the case of an easement, right, or privilege, to the dominant tenement, whether being registered land or not.

(2) A disposition of registered leasehold land may be made subject to a rent legally apportioned in the prescribed manner, or to a rent not so apportioned.

(3) An underlease for a term, not exceeding twenty-one years, to take effect in possession or within one year from the date thereof, F17 . . ., may be granted and shall take effect under this section, notwithstanding that a caution, notice of deposit of a certificate, restriction, or inhibition (other than a bankruptcy inhibition) may be subsisting, but, subject to the interests intended to be protected by any such caution, notice, restriction or inhibition.

(4) The foregoing powers of disposition shall (subject to the express provisions of this Act and of the M20 Law of Property Act 1925, relating to mortgages) apply to dispositions by the registered proprietor by way of charge or mortgage, but no estate, other than a legal estate, shall be capable of being disposed of or created under this section.

(5) In this Act “transfer” or “disposition” when referring to registered leasehold land includes any disposition authorised as aforesaid, and “transferee” has a corresponding meaning.

Textual Amendments

F17 Words repealed by Land Registration Act 1986 (c. 26, SIF 98:2), s. 4(2)(5)

Marginal Citations

M19 1925 c. 20 (98:1).

M20 1925 c. 20 (98:1).

22 Registration of dispositions of leaseholds. E+W

(1) A transfer of the registered estate in the land or part thereof shall be completed by the registrar entering on the register the transferee as proprietor of the estate transferred, but until such entry is made the transferor shall be deemed to remain the proprietor of the registered estate; and where part only of the land is transferred, notice thereof shall also be noted on the register.

(2) All interests transferred or created by dispositions by the registered proprietor other than the transfer of his registered estate in the land or in part thereof shall (subject to the provisions relating to mortgages) be completed by registration in the same manner and with the same effect as provided by this Act with respect to transfers of the registered estate, and notice thereof shall also be noted on the register in accordance with this Act:

Provided that nothing in this subsection—

(a) shall authorise the registration of an underlease originally granted for a term not exceeding twenty-one years, or require the entry of a notice of such an underlease F18 . . .; or

(b) shall authorise the registration of a mortgage term where there is a subsisting right of redemption, or

(c) shall render necessary the registration of any easement, right, or privilege except as appurtenant to registered land, or the entry of notice thereof except as against the registered title of the servient land.

Every such disposition shall, when registered, take effect as a registered disposition, and an underlease made by the registered proprietor which is not required to be registered or noted on the register shall nevertheless take effect as if it were a registered disposition immediately on being granted.

(3) The general words implied in conveyances under the M21 Law of Property Act 1925, shall apply, so far as applicable thereto, to transfers of a registered leasehold estate.

Textual Amendments

F18 Words repealed by Land Registration Act 1986 (c. 26, SIF 98:2), s. 4(3)(5)

Modifications etc. (not altering text)

C7 S. 22 extended by Housing Act 1985 (c. 68, SIF 61), s. 154(6) and Sch. 9A para. 3 (as inserted by Housing and Planning Act 1986 (c. 63, SIF 61), s. 8(2), Sch. 2) and S. I. 1986/2092, art. 10, Sch. 2 para. 3

Marginal Citations

M21 1925 c. 20 (98:1)

23 Effect of registration of dispositions of leaseholds. E+W

(1) In the case of a leasehold estate registered with an absolute title, a disposition (including a subdemise thereof) for valuable consideration shall, when registered, be deemed to vest in the transferee or under-lessee the estate transferred or created to the extent of the registered estate, or for the term created by the subdemise, as the case may require, with all implied or expressed rights, privileges, and appurtenances attached to the estate transferred or created, including (subject to any entry to the contrary on the register) the appropriate rights and interests which would under the M22 Law of Property Act 1925, have been transferred if the land had not been registered, but subject as follows:—

(a) To all implied and express covenants, obligations, and liabilities incident to the estate transferred or created; and

(b) To the incumbrances and other entries (if any) appearing on the register [F19 and any charge for capital transfer tax subject to which the disposition takes effect under section 73 of this Act]; and

(c) Unless the contrary is expressed on the register, to the overriding interests, if any, affecting the estate transferred or created,

but free from all other estates and interests whatsoever, including estates and interests of His Majesty; and the transfer or subdemise shall operate in like manner as if the registered transferor or sublessor were (subject to any entry to the contrary on the register) absolutely entitled to the registered lease for his own benefit.

(2) In the case of a leasehold estate registered with a good leasehold title, a disposition (including a subdemise thereof) for valuable consideration shall, when registered, have the same effect as it would have had if the land had been registered with an absolute title, save that it shall not affect or prejudice the enforcement of any right or interest affecting or in derogation of the title of the lessor to grant the lease.

(3) In the case of a leasehold estate registered with a qualified title, a disposition (including a subdemise thereof) for valuable consideration shall, when registered, have the same effect as it would have had if the land had been registered with an absolute title, save that such disposition shall not affect or prejudice the enforcement of any right or interest (whether in respect of the lessor’s title or otherwise) appearing by the register to be excepted.

(4) In the case of a leasehold estate registered with a possessory title, a disposition (including a subdemise thereof) for valuable consideration shall not affect or prejudice the enforcement of any right or interest (whether in respect of the lessor’s title or otherwise) adverse to or in derogation of the title of the first registered proprietor, and subsisting or capable of arising at the time of the registration of such proprietor, but save as aforesaid shall, when registered, have the same effect as it would have had if the land had been registered with an absolute title.

(5) Where any such disposition is made without valuable consideration it shall, so far as the transferee or underlessee is concerned, be subject to any minor interests subject to which the transferor or sublessor held the same; but, save as aforesaid, shall, when registered, in all respects, and in particular as respects any registered dealings on the part of the transferee or underlessee, have the same effect as if the disposition had been made for valuable consideration.

Textual Amendments

F19 Words inserted by Finance Act 1975 (c. 7), Sch. 12 para. 5(3)

Modifications etc. (not altering text)

C8 S. 23 extended by Housing Act 1985 (c. 68, SIF 61), Sch. 9A para. 6(1)(a) (as inserted by Housing and Planning Act 1986 (c. 63, SIF 61), s. 8(2), Sch. 2 para. 3) and extended by S. I. 1986/2092 art. 10, Sch. 2 para. 6(1)(a)

Marginal Citations

M22 1925 c. 20 (98:1).

24 Implied covenants on transfers of leaseholds. E+W

(1) On the transfer, otherwise than by way of underlease, of any leasehold interest in land under this Act, unless there be an entry on the register negativing such implication, there shall be implied—

F20 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F21 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F21 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F20 S. 24(1)(a) repealed (1.7.1995) as regards dispositions of property made after that date by 1994 c. 36, ss. 10, 21(2), Sch. 2 (with ss. 11, 13, 20, 21(2)(3)); S. I. 1995/1317, art. 2

F21 S. 24(1)(b)(2) repealed (1.1.1996) by 1995 c. 30, ss. 14(b), 30(2), Sch.2 (with savings in ss. 26(1)(2), 30(3)); S.I. 1995/2963, art. 2

Charges on Freehold and Leasehold LandF133 E+W

Yn ddilys o 13/10/2003

F22 25 Proprietor’s power to create charges. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F22 Act repealed (13.10.2003) by Land Registration Act 2002 (c. 9), s. 136(2), Sch. 13 (with ss. 129, 134(1), Sch. 12 paras. 1); S.I. 2003/1725, art. 2(1); (with savings and transitional provisions (13.10.2003) by S.I. 2003/1953, art. 3)

26 Registration of charges. E+W

(1) The charge shall be completed by the registrar entering on the register the person in whose favour the charge is made as the proprietor of such charge, and the particulars of the charge.

(2) A charge may be registered notwithstanding that it contains any trust, power to appoint new trustees, or other provisions for giving effect to the security.

(3) Where the land, in respect of which a charge is registered, is registered with a good leasehold, qualified or possessory title, the charge shall take effect subject to the provisions of this Act with respect to land registered with such a title.

27 Terms of years implied in or granted by charges. E+W

(1) A registered charge shall, unless made or taking effect by demise or subdemise, and subject to any provision to the contrary contained in the charge, take effect as a charge by way of legal mortgage.

(2) Subject to the provisions of the M23 Law of Property Act 1925, a registered charge may contain in the case of freehold land, an express demise, and in the case of leasehold land an express subdemise of the land to the creditor for a term of years absolute, subject to a proviso for cesser on redemption.

(3) Any such demise or subdemise or charge by way of legal mortgage shall take effect from the date of the delivery of the deed containing the same, but subject to the estate or interest of any person (other than the proprietor of the land) whose estate or interest (whenever created) is registered or noted on the register before the date of registration of the charge.

(4) Any charge registered before the commencement of this Act shall take effect as a demise or subdemise of the land in accordance with the provisions of the M24 Law of Property Act 1925, and the registered estate shall (without prejudice to any registered charge or any term or subterm created by a charge or by this Act) vest in the person appearing by the register to be entitled to the ultimate equity of redemption.

Marginal Citations

M23 1925 c. 20 (98:1).

M24 1925 c. 20 (98:1).

28 Implied covenants in charges. E+W

(1) Where a registered charge is created on any land there shall be implied on the part of the person being proprietor of such land at the time of the creation of the charge, unless there be an entry on the register negativing such implication—

(a) a covenant with the proprietor for the time being of the charge to pay the principal sum charged, and interest, if any, thereon, at the appointed time and rate; and

(b) a covenant, if the principal sum or any part thereof is unpaid at the appointed time, to pay interest half-yearly at the appointed rate as well after as before any judgment is obtained in respect of the charge on so much of the principal sum as for the time being remains unpaid.

(2) Where a registered charge is created on any leasehold land there shall (in addition to the covenants aforesaid) be implied on the part of the person being proprietor of such land at the time of the creation of the charge, unless there be an entry on the register negativing such implication, a covenant with the proprietor for the time being of the charge, that the person being proprietor of such land at the time of the creation of the charge, or the persons deriving title under him, will pay, perform, and observe the rent, covenants, and conditions, by and in the registered lease reserved and contained, and on the part of the lessee to be paid, performed, and observed, and will keep the proprietor of the charge, and the persons deriving title under him, indemnified against all proceedings, expenses, and claims, on account of the non-payment of the said rent, or any part thereof, or the breach of the said covenants or conditions, or any of them.

29 Priorities of registered charges. E+W

Subject to any entry to the contrary on the register, registered charges on the same land shall as between themselves rank according to the order in which they are entered on the register, and not according to the order in which they are created.

30 Protection of charges for securing further advances. E+W

(1) When a registered charge is made for securing further advances, the registrar shall, before making any entry on the register which would prejudicially affect the priority of any further advance thereunder, give to the prorpietor of the charge at his registered address, notice by registered post of the intended entry, and the proprietor of the charge shall not, in respect of any further advance, be affected by such entry, unless the advance is made after the date when the notice ought to have been received in due course of post.

(2) If, by reason of any failure on the part of the registrar or the post office in reference to the notice, the proprietor of the charge suffers loss in relation to a further advance, he shall be entitled to be indemnified under this Act in like manner as if a mistake had occurred in the register; but if the loss arises by reason of an omission to register or amend the address for service, no indemnity shall be payable under this Act.

[F23 (3) Where the proprietor of a charge is under an obligation, noted on the register, to make a further advance, a subsequent registered charge shall take effect subject to any further advance made pursuant to the obligation.]

Textual Amendments

F23 S. 30(3) added by Law of Property (Amendment) Act 1926 (c. 11, SIF 98:1), s. 5

Modifications etc. (not altering text)

C9 Reference in s. 30(1) to registered post to be construed as including reference to recorded delivery service: Recorded Delivery Service Act 1962 (c. 27, SIF 96), s. 1(1)(2), Sch. para. 1

31 Alteration of charges. E+W

(1) The proprietor of a charge may by deed, in the prescribed manner, alter the terms of the charge, with the consent of the proprietor of the registered land and of the proprietors of all registered charges (if any) of equal or inferior priority, affected by the alteration.

(2) A deed of alteration of a charge may contain an express demise or subdemise in like manner as an original deed of charge, and the provisions of this Act relating to a demise or subdemise contained in a deed of charge shall apply accordingly.

(3) The alteration shall be completed by the registrar entering it on the register.

32 Provisions when charge registered in names of several proprietors. E+W

Where a charge is registered in the names of two or more proprietors (whether jointly or in undivided shares) the mortgage term implied or comprised in the charge shall (but without prejudice to the beneficial interests in the mortgage money) vest in them as joint tenants, and the proprietors or the survivors or survivor of them or the personal representatives of the last survivor, shall have power to give valid receipts, notwithstanding that the mortgage money may be held in undivided shares, in like manner as if the money had been held on a joint account.

33 Transfer of charges. E+W

(1) The proprietor of any registered charge may, in the prescribed manner, transfer the charge to another person as proprietor.

(2) The transfer shall be completed by the registrar entering on the register the transferee as proprietor of the charge transferred, but the transferor shall be deemed to remain proprietor of the charge until the name of the transferee is entered on the register in respect thereof.

(3) A registered transferee for valuable consideration of a charge and his successors in title shall not be affected by any irregularity or invalidity in the original charge itself of which the transferee did not have notice when it was transferred to him.

(4) On registration of any transfer of a charge, the term or subterm (if any) granted expressly or by implication by the charge or any deed of alteration shall, without any conveyance or assignment and notwithstanding anything to the contrary in the transfer or any other instrument, vest in the proprietor for the time being of the charge.

(5) Subject to any entry to the contrary on the register, the vesting of any term or subterm in accordance with this section in the proprietor of a charge shall, subject to the right of redemption, have the same effect as if such proprietor had been registered as the transferee for valuable consideration of the term or subterm.

34 Powers of proprietor of charge. E+W

(1) Subject to any entry on the register to the contrary, the proprietor of a charge shall have and may exercise all the powers conferred by law on the owner of a legal mortgage.

(2) Subject to any entry to the contrary on the register and subject to the right of any persons appearing on the register to be prior incumbrancers, the proprietor of a charge may, after entry into possession and after having acquired a title under the Limitation Acts, execute a declaration, in the prescribed form, that the right of redemption is barred, and thereupon he shall be entitled, subject to furnishing any evidence which may be prescribed in support thereof, to be registered as proprietor of the land, with the same consequences as if he had been a purchaser for valuable consideration of the land under the power of sale.

(3) An order for foreclosure shall be completed by the registration of the proprietor of the charge (or such other person as may be named in the foreclosure order absolute for that purpose) as the proprietor of the land, and by the cancellation of the charge and of all incumbrances and entries inferior thereto; and such registration shall operate in like manner and with the same consequences as if the proprietor of the charge or other person aforesaid had been a purchaser for valuable consideration of the land under a subsisting power of sale.

(4) A sale by the court or under the power of sale shall operate and be completed by registration in the same manner, as nearly as may be (but subject to any alterations on the register affecting the priority of the charge), as a transfer for valuable consideration by the proprietor of the land at the time of the registration of the charge would have operated or been completed, and, as respects the land transferred, the charge and all incumbrances and entries inferior thereto shall be cancelled.

(5) Notwithstanding the creation of a term or subterm, expressly or by implication, under this Act, such transfer shall (subject to any prior incumbrances or other entries on the register) operate to transfer the registered estate, and the mortgage term or subterm shall become merged, and any purported disposition of or dealing with the mortgage term or subterm apart from the charge, and any process or act purporting to keep alive that term or subterm after the cessation of the charge shall be void.

(6) For the purposes of this section an incumbrance or entry on the register shall not be deemed to be inferior to the charge in right of which title is made if the incumbrance or other interest is given the requisite priority by statute or otherwise.

35 Discharge of charges. E+W

(1) The registrar shall, on the requisition of the proprietor of any charge, or on due proof of the satisfaction (whole or partial) thereof, notify on the register in the prescribed manner, by cancelling or varying the original entry or otherwise, the cessation (whole or partial) of the charge, and thereupon the charge shall be deemed to have ceased (in whole or in part) accordingly.

(2) On the notification on the register of the entire cessation of a registered charge, whether as to the whole or part only of the land affected thereby, the term or sub-term implied in or granted by the charge or by any deed of alteration, so far as it affects the land to which the discharge extends, shall merge and be extinguished in the registered estate in reversion without any surrender.

36 Rules as to subcharges. E+W

Rules shall be made for applying the provisions of the M25 Law of Property Act 1925, and of this Act to the case of charges by way of submortgage, whether registered before or after the commencement of this Act.

Marginal Citations

M25 1925 c. 20 (98:1).

As to Dealings generallyF133 E+W

37 Powers of persons entitled to be registered. E+W

(1) Where a person on whom the right to be registered as proprietor of registered land or of a registered charge has devolved by reason of the death of the proprietor, or has been conferred by a disposition or charge, in accordance with this Act, desires to dispose of or charge the land or to deal with the charge before he is himself registered as proprietor, he may do so in the prescribed manner, and subject to the prescribed conditions.

(2) Subject to the provisions of this Act with regard to registered dealings for valuable consideration, a disposition or charge so made shall have the same effect as if the person making it were registered as proprietor.

(3) Rules may be made for extending the provisions of this section to the case of any person entitled to be registered as first proprietor, and to any other case for which it may be deemed expedient to prescribe.

38 Certain provisions of the Law of Property Act to apply. E+W

(1) The provisions as to execution of a conveyance on sale contained in the Law of Property Act 1925, shall apply, so far as applicable thereto, to transfers on sale of registered land.

(2) Rules may be made for prescribing the effect of covenants implied by virtue of the M26 Law of Property Act 1925 [F24 or Part I of the Law of Property (Miscellaneous Provisions) Act 1994], in dispositions of registered land.

Textual Amendments

F24 Words in s. 38 inserted (15.2.1995) by 1994 c. 36, s. 21(1), Sch. 1 para. 2 (with s. 20); S.I. 1995/145, art.2

Marginal Citations

M26 1925 c. 20 (98:1).

39 Deeds off register, how far to be void. E+W

(1) Where any transaction relating exclusively to registered land or to a registered charge is capable of being effected and is effected by a registered disposition, then, subject to any prescribed exceptions, any deed or instrument, other than the registered disposition, which is executed by the proprietor for the purpose of giving effect to the transaction shall be void, but only so far as the transaction is carried out by the registered disposition.

(2) Rules may be made for providing for cases in which any additional deed or instrument may be properly executed and for enabling the registrar to certify that in any special cases an additional deed or instrument will be proper and valid.

40 Creation and discharge of restrictive covenants. E+W

(1) Subject to any entry to the contrary on the register, and without prejudice to the rights of persons entitled to overriding interests (if any) and to any incumbrances entered on the register, who may not concur therein, the proprietor may in any registered disposition or other instrument by covenant, condition, or otherwise, impose or make binding, so far as the law permits, any obligation or reservation with respect to the building on or other user of the registered land or any part thereof, or with respect to mines and minerals (whether registered separately or as part of the registered land), or with respect to any other thing in like manner as if the proprietor were entitled to the registered land for his own benefit.

(2) The proprietor may (subject as aforesaid) release or waive any rights arising or which may arise by reason of any covenant or condition, or release any obligation or reservation the benefit of which is annexed or belongs to the registered land, to the same extent and in the same manner as if the rights in respect of the breach or the benefit of the covenant, condition, obligation, or reservation had been vested in him absolutely for his own benefit.

This subsection shall authorise the proprietor in reference to the registered land to give any licence, consent or approval which a tenant for life is by the M27 Settled Land Act 1925, authorised to give in reference to settled land.

(3) Entries shall be made on the register in the prescribed manner of all obligations and reservations imposed by the proprietor, of the release or waiver of any obligation or reservation, and of all obligations and reservations acquired by him for the benefit of the registered estate.

Marginal Citations

M27 1925 c. 18 (98:3).

Transmissions of Land and Charges on Death and BankruptcyF133 E+W

41 Transmissions of land and charges on death of proprietor. E+W

(1) On the death of the sole proprietor, or of the survivor of two or more joint proprietors, of any registered land or charge, the personal representative of such sole deceased proprietor, or of the survivor of such joint proprietors, shall be entitled to be registered as proprietor in his place:

Provided that, where a special or additional personal representative is appointed by the court in reference to a registered estate, then on production of the order he shall be registered as proprietor either solely or jointly with any of the other personal representatives, as the case may require, and a copy of the order shall be filed at the registry.

(2) Pending an application for the appointment of a special or additional personal representative, a caution against dealings may be lodged under this Act by any person intending to apply to the court for the appointment.

(3) Subject as aforesaid, provision shall be made by rules for the manner in which effect is to be given on the register to transmissions on death.

(4) An assent by a personal representative shall, in the case of registered land, be in the prescribed form and the production of the assent in that form shall authorise the registrar to register the person named in the assent as the proprietor of the registered land.

42 Transmissions on bankruptcy of proprietor. E+W

(1) Upon the bankruptcy of the proprietor of any registered land or charge his trustee shall (on production of the prescribed evidence to be furnished by the official receiver or trustee in bankruptcy that the land or charge is [F25 comprised in the bankrupt’s estate]be entitled to be registered as proprietor in his place.

The official receiver shall be entitled to be registered pending the appointment of a trustee.

(2) Where a trustee in bankruptcy disclaims a registered lease under [F26 sections 315 to 319 of the Insolvency Act 1986], and an order is made by the court vesting the lease in any person, the order shall direct the alteration of the register in favour of the person in whom the lease is so vested, and in such case the registrar shall, on being served with such order, forthwith (without notice to the bankrupt or any other person and without requiring production of the land certificate) alter the register accordingly, and no right to indemnity under this Act shall arise by reason of such alteration.

Textual Amendments

F25 Words substituted by Insolvency Act 1985 (c. 65, SIF 66), s. 235(1), Sch. 8 para. 5(2)(a)

F26 Words substituted by virtue of Insolvency Act 1985 (c. 65, SIF 66), s. 235(1), Sch. 8 para. 5(2)(b), and Insolvency Act 1986 (c. 45, SIF 66), ss. 439(2), 443, Sch. 14

43 Effect of transmissions. E+W

Any person registered in the place of a deceased or bankrupt proprietor shall hold the land or charge in respect of which he is registered upon the trusts and for the purposes upon and subject to which the same is applicable by law, and subject to any minor interests subject to which the deceased or bankrupt proprietor held the same; but, save as aforesaid, he shall in all respects, and in particular as respects any registered dealings with such land or charge, be in the same position as if he had taken such land or charge under a transfer for valuable consideration.

Modifications etc. (not altering text)

C10 Section 43 applied (27.7.1993) by 1993 c. 37, s. 12, Sch. 2, Pt. II, para. 52(4)

C11 Section 43 modified (27.7.1993) by 1993 c. 37, s. 36, Sch. 4, para. 13(4)

44 Vesting of term or subterm on transmission of charge. E+W

(1) On the registration of any transmission of a charge the term or subterm granted (expressly or by implication) by the charge or any deed of alteration shall without any conveyance or assignment vest in the proprietor for the time being of the charge.

(2) Subject to any entry to the contrary on the register, the vesting of a term or subterm in accordance with this section in the proprietor of a charge, shall, subject to the right of redemption, have the same effect as if such proprietor had been registered as the transferee for valuable consideration of the term or subterm.

45 Proof of transmission of registered proprietorship. E+W

The fact of any person having become entitled to any registered land or charge in consequence of the death or bankruptcy of any proprietor shall be proved in the prescribed manner.

Subsidiary ProvisionsF133 E+W

46 Determination or variation of leases, incumbrances, etc. E+W

The registrar shall, on proof to his satisfaction of—

(a) the determination of any lease, rentcharge, or other estate or interest the title to which is registered under this Act; or

(b) the discharge or determination (whole or partial) or variation of any lease, incumbrance, rentcharge, easement, right or other interest in land which is noted on the register as an incumbrance,

notify in the prescribed manner on the register the determination (whole or partial) or variation of such lease or other interest.

47 Vesting instruments and dispositions in name of proprietor. E+W

(1) The registrar shall give effect on the register to any vesting order or vesting declaration (express or implied) made on the appointment or discharge of a trustee or otherwise, and to dispositions made in the name and on behalf of a proprietor by a person authorised to make the disposition; and the provisions of the M28 Trustee Act 1925, relating to the appointment and discharge of trustees and the vesting of trust property, shall apply to registered land subject to the proper entry being made on the register.

(2) The registrar shall also give effect on the register in the prescribed manner to any vesting instrument which may be made pursuant to any statutory power.

Marginal Citations

M28 1925 c. 19 (98:4).

Part IV F133 E+W Notices, Cautions, Inhibitions and Restrictions

NoticesF133 E+W

48 Registration of notice of lease. E+W

(1) Any lessee or other person entitled to or interested in a lease of registered land, where the term granted is not an overriding interest, may apply to the registrar to register notice of such lease in the prescribed manner, and when so registered, every proprietor and the persons deriving title under him shall be deemed to be affected with notice of such lease, as being an incumbrance on the registered land in respect of which the notice is entered:

Provided that a proprietor of a charge or incumbrance registered or protected on the register prior to the registration of such notice shall not be deemed to be so affected by the notice unless such proprietor is, by reason of the lease having been made under a statutory or other power or by reason of his concurrence or otherwise, bound by the terms of the lease.

(2) In order to register notice of a lease, if the proprietor of the registered land affected does not concur in the registration thereof, the applicant shall obtain an order of the court authorising the registration of notice of the lease, and shall deliver the order to the registrar, accompanied with the original lease or a copy thereof, and thereupon the registrar shall make a note in the register identifying the lease or copy so deposited, and the lease or copy so deposited shall be deemed to be the instrument of which notice is given; but if the proprietor concurs in the notice being registered, notice may be entered in such manner as may be agreed upon:

Provided that, where the lease is binding on the proprietor of the land, neither the concurrence of such proprietor nor an order of the court shall be required.

Modifications etc. (not altering text)

C12 S. 48 excluded (31.10.1994) by 1994 c. 21, ss. 7(1), 67(1), 68(2), Sch. 9 para. 1(3) (with ss. 40(7), 66); S.I. 1994/2553, art. 2

49 Rules to provide for notices of other rights, interests and claims. E+W

(1) The provisions of the last foregoing section shall be extended by the rules so as to apply to the registration of notices of or of claims in respect of—

(a) The grant or reservation of any annuity or rentcharge in possession, either perpetual or for a term of years absolute:

(b) The severance of any mines or minerals from the surface, except where the mines and minerals severed are expressly included in the registration:

(c) Land charges until the land charge is registered as a registered charge:

(d) The right of any person interested in [F27 land subject to a trust of land]F27 or in land subject to a settlement to require that (unless a trust corporation is acting as trustee) there shall be at least two trustees of the [F28 trust or]F28 settlement:

(e) The rights of any widow in respect of dower or under the M29 Intestates’ Estates Act 1890, and any right to free bench or other like right saved by any statute coming into force concurrently with this Act (which rights shall take effect in equity as minor interests):

(f) Creditors’ notices and any other right, interest, or claim which it may be deemed expedient to protect by notice instead of by caution, inhibition, or restriction.

[F29 (g) charging orders (within the meaning of the Charging Orders Act 1979 [F30 , F31 . . .the Criminal Justice Act 1988][F32 or the Drug Trafficking Act 1994][F33 , or regulations under paragraph 11 of Schedule 4 to the Local Government Finance Act 1988][F34 , or regulations under paragraph 11 of Schedule 4 to the Local Government Finance Act 1992])which in the case of unregistered land may be protected by registration under the Land Charges Act 1972 and which, notwithstanding section 59 of this Act, it may be deemed expedient to protect by notice instead of by caution.]

[F35 (h) acquisition orders (within the meaning of Part III of the Landlord and Tenant Act 1987) which in the case of unregistered land may be protected by registration under the Land Charges Act M30 1972 and which, notwithstanding section 59 of this Act, it may be deemed expedient to protect by notice instead of by caution.]

[F36 (j) Access orders under the Access to Neighbouring Land Act 1992 which, notwithstanding section 59 of this Act, it may be deemed expedient to protect by notice instead of by caution.]

[F37 (k) orders made under section 26(1) or 50(1) of the Leasehold Reform, Housing and Urban Development Act 1993 which in the case of unregistered land may be protected by registration under the Land Charges Act 1972 and which, notwithstanding section 59 of this Act, it may be deemed expedient to protect by notice instead of by caution.]

(2) A notice shall not be registered in respect of any estate, right, or interest which (independently of this Act) is capable of being overridden by the proprietor under a [F38 trust of land]F38 or the powers of the M31 Settled Land Act 1925, or any other statute, or of a settlement, and of being protected by a restriction in the prescribed manner:

Provided that notice of such an estate right or interest may be lodged pending the appointment of trustees of [F39 land, or trustees of]F39 a settlement, and if so lodged, shall be cancelled if and when the appointment is made and the proper restriction (if any) is entered.

(3) A notice when registered in respect of a right, interest, or claim shall not affect prejudicially—

(a) The powers of disposition of the personal representative of the deceased under whose will or by the operation of whose intestacy the right, interest, or claim arose; or

(b) The powers of disposition (independently of this Act) of a proprietor holding the registered land [F40 subject to a trust of land]F40 .

Textual Amendments

F27 Words in s. 49(1)(d) substituted (1.1.1997) by Trusts of Land and Appointment of Trustees Act 1996 (c. 47), s. 25(1), Sch. 3 para. 5(5)(a) (with s. 24); S.I. 1996/2974, art. 2

F28 Words in s. 49(1)(d) substituted (1.1.1997) by Trusts of Land and Appointment of Trustees Act 1996 (c. 47), s. 25(1), Sch. 3 para. 5(5)(a) (with s. 24); S.I. 1996/2974, art. 2

F29 S. 49(1)(g) inserted by Charging Orders Act 1979 (c. 53, SIF 45:1), s. 3(3)

F30 Words substituted by Criminal Justice Act 1988 (c. 33, SIF 39:1), ss. 123(6), 170(1), Sch. 8, para. 16, Sch. 15, para. 6

F31 Words in s. 49(1)(g) repealed (3.2.1995) by 1994 c. 37, ss. 65(1), 67(1), 69(2), Sch. 1 para. 1, Sch. 3

F32 Words in s. 49(1)(g) inserted (3.2.1995) by 1994 c. 37, ss. 65(1), 69(2), Sch. 1 para.1

F33 Words inserted by S.I. 1989/438, reg. 45(5)

F34 Words in s. 49(1)(g) inserted (1.4.1992) by S.I. 1992/613, reg. 51(5)

F35 S. 49(1)(h) added by Landlord and Tenant Act 1987 (c. 31, SIF 75:1), s. 61(1), Sch. 4 para. 1

F36 S. 49(1)(j) added (31.1.1993) by Access to Neighbouring Land Act 1992 (c. 23), s. 5(2); S.I. 1992/3349, art. 2.

F37 S. 49(1)(k) added (1.11.1993) by 1993 c. 28, s. 187(1), Sch. 21 para. 1; S.I. 1993/2134, art. 5

F38 Words in s. 49(2) substituted (1.1.1997) by Trusts of Land and Appointment of Trustees Act 1996 (c. 47), s. 25(1), Sch. 3 para. 5(5)(b)(c) (with s. 24); S.I. 1996/2974, art. 2

F39 Words in s. 49(2) substituted (1.1.1997 )by Trusts of Land and Appointment of Trustees Act 1996 (c. 47), s. 25(1), Sch. 3 para. 5(5)(b)(c) (with s. 24); S.I. 1996/2974, art. 2

F40 Words in s. 49(3) substituted (1.1.1997) by Trusts of Land and Appointment of Trustees Act 1996 (c. 47), s. 25(1), Sch. 3 para. 5(5)(d) (with s. 24); S.I. 1996/2974, art. 2

Marginal Citations

M29 1890 c. 29.

M30 1972 c.61 (98:2).

M31 1925 c. 18 (98:3).

50 Notices of restrictive covenants. E+W

(1) Any person entitled to the benefit of a restrictive covenant or agreement (not being a covenant or agreement made between a lessor and lessee) with respect to the building on or other user of registered land may apply to the registrar to enter notice thereof on the register, and where practicable the notice shall be by reference to the instrument, if any, which contains the covenant or agreement, and a copy or abstract of such instrument shall be filed at the registry; and where any such covenant or agreement appears to exist at the time of first registration, notice thereof shall be entered on the register. In the case of registered land the notice aforesaid shall take the place of registration as a land charge.

(2) When such a notice is entered the proprietor of the land and the persons deriving title under him (except incumbrancers or other persons who at the time when the notice is entered may not be bound by the covenant or agreement) shall be deemed to be affected with notice of the covenant or agreement as being an incumbrance on the land.

(3) Where the covenant or agreement is discharged [F41 modified or dealt with]by an order under the M32 Law of Property Act 1925, or otherwise, or the court refuses to grant an injunction for enforcing the same, the entry shall either be cancelled or reference made to the order or other instrument and a copy of the order, judgment, or instrument shall be filed at the registry.

(4) The notice shall, when practicable, refer to the land, whether registered or not, for the benefit of which the restriction was made.

Textual Amendments

F41 Words substituted by Law of Property Act 1969 (c. 59, SIF 98:1), s. 28(7)

Marginal Citations

M32 1925 c. 20 (98:1).

51 Notice of manorial incidents. E+W

Where land is affected by manorial incidents, the registrar may enter a note of that fact on the register, and may cancel such note when extinguishment of the manorial incidents has been proved to his satisfaction.

52 Effect of notices. E+W

(1) A disposition by the proprietor shall take effect subject to all estates, rights, and claims which are protected by way of notice on the register at the date of the registration or entry of notice of the disposition, but only if and so far as such estates, rights, and claims may be valid and are not (independently of this Act) overridden by the disposition.

(2) Where notice of a claim is entered on the register, such entry shall operate by way of notice only, and shall not operate to render the claim valid whether made adversely to or for the benefit of the registered land or charge.

CautionsF133 E+W

53 Cautions against first registration. E+W

(1) Any person having or claiming such an interest in land not already registered as entitles him to object to any disposition thereof being made without his consent, may lodge a caution with the registrar to the effect that the cautioner is entitled to notice in the prescribed form, and to be served in the prescribed manner, of any application that may be made for the registration of an interest in the land affecting the right of the cautioner.

(2) The caution shall be supported by an affidavit or declaration in the prescribed form, stating the nature of the interest of the cautioner, the land and estate therein to be affected by such caution, and such other matters as may be prescribed.

(3) After a caution has been lodged in respect of any estate, which has not already been registered, registration shall not be made of such estate until notice has been served on the cautioner to appear and oppose, if he thinks fit, such registration, and the prescribed time has elapsed since the date of the service of such notice, or the cautioner has entered an appearance, whichever may first happen.

54 Cautions against dealings. E+W

(1) Any person interested under any unregistered instrument, or interested as a judgment creditor, or otherwise howsoever, in any land or charge registered in the name of any other person, may lodge a caution with the registrar to the effect that no dealing with such land or charge on the part of the proprietor is to be registered until notice has been served upon the cautioner:

Provided that a person whose estate, right, interest, or claim has been registered or protected by a notice or restriction shall not be entitled (except with the consent of the registrar) to lodge a caution in respect of such estate, right, interest, or claim, F42 . . ..

(2) a caution lodged under this section shall be supported by such evidence as may be prescribed.

Textual Amendments

F42 Words repealed by Land Registration Act 1986 (c. 26, SIF 98:2), s. 5(5)

Modifications etc. (not altering text)

C13 S. 54 restricted by Matrimonial Houses Act 1983 (c. 19, SIF 49:5), ss. 2(9), 11S. 54 excluded (31.10.1994) by 1994 c. 21, ss. 7(1), 67(1), 68(2), Sch. 9 para. 1(3) (with ss. 40(7), 66); S.I. 1994/2553, art.2S. 54 restricted (1.10.1997) by 1996 c. 27, ss. 31(11), 63(4) (with s. 66(2), Sch. 9 paras. 5(1)(b)(ii), 14); S.I. 1997/1892, art.3

55 Effect of cautions against dealings. E+W

(1) After any such caution against dealings has been lodged in respect of any registered land or charge, the registrar shall not, without the consent of the cautioner, register any dealing or make any entry on the register for protecting the rights acquired under a deposit of a land or charge certificate or other dealing by the proprietor with such land or charge until he has served notice on the cautioner, warning him that his caution will cease to have any effect after the expiration of the prescribed number of days next following the date at which such notice is served; and after the expiration of such time as aforesaid the caution shall cease unless an order to the contrary is made by the registrar, and upon the caution so ceasing the registered land or charge may be dealt with in the same manner as if no caution had been lodged.

(2) If before the expiration of the said period the cautioner, or some person on his behalf, appears before the registrar, and where so required by the registrar gives sufficient security to indemnify every party against any damage that may be sustained by reason of any dealing with the registered land or charge, or the making of any such entry as aforesaid, being delayed, the registrar may thereupon, if he thinks fit to do so, delay registering any dealing with the land or charge or making any such entry for such period as he thinks just.

56 General provisions as to cautions. E+W

(1) Any person aggrieved by any act done by the registrar in relation to a caution under this Act may appeal to the court in the prescribed manner.

(2) a caution lodged in pursuance of this Act shall not prejudice the claim or title of any person and shall have no effect whatever except as in this Act mentioned.

(3) If any person lodges a caution with the registrar without reasonable cause, he shall be liable to make to any person who may have sustained damage by the lodging of the caution such compensation as may be just, and such compensation shall be recoverable as a debt by the person who has sustained damage from the person who lodged the caution.

(4) The personal representative of a deceased cautioner may consent or object to registration or a dealing in the same manner as the cautioner.

InhibitionsF133 E+W

57 Power for court or registrar to inhibit registered dealings. E+W

(1) The court, or, subject to an appeal to the court, the registrar, upon the application of any person interested, made in the prescribed manner, in relation to any registered land or charge, may, after directing such inquiries (if any) to be made and notices to be given and hearing such persons as the court or registrar thinks expedient, issue an order or make an entry inhibiting for a time, or until the occurrence of an event to be named in such order or entry, or generally until further order or entry, the registration or entry of any dealing with any registered land or registered charge.

(2) The court or registrar may make or refuse to make any such order or entry, and annex thereto any terms or conditions the court or registrar may think fit, and discharge such order or cancel such entry when granted, with or without costs, and generally act in the premises in such manner as the justice of the case requires.

(3) Any person aggrieved by any act done by the registrar in pursuance of this section may appeal to the court in the prescribed manner.

(4) The court or the registrar may, in lieu of an inhibition, order a notice or restriction to be placed on the register.

Modifications etc. (not altering text)

C14 S. 57 extended by Landlord and Tenant Act 1987 (c. 31, SIF 75:1), s. 28(6)

C15 S. 57 amended by S.I. 1988/593, art. 6(2)

C16 S. 57 amended by Criminal Justice Act 1988 (c. 33, SIF 39:1), ss. 77(13), 123(6), Sch. 8 para. 16

C17 S. 57 amended (temp.) by Prevention of Terrorism (Temporary Provisions) Act 1989 (c. 4, SIF 39:2), s. 13(8), Sch. 4, para. 6(2) with S.I. 1990/633, art. 2

C18 S. 57 modified (1.11.1993) by 1993 c. 28, s. 97(3); S.I. 1993/2134, art.5S. 57 extended (3.2.1995) by 1994 c. 37, ss. 26(13), 69(2) (with ss. 33(2)(7), 34(2)(3), 66(2))

C19 S. 57 modified (19.2.2001) by 2000 c. 11, s. 23(9), Sch. 4 para. 8(2)(3); S.I. 2001/421, art. 2S. 57 modified (17.4.2001) by S.I. 2001/953, art. 6(2)S. 57 modified (1.9.2001) by 2001 c. 17, s. 38, Sch. 6 para. 7(2); S.I. 2001/2161, art. 2

C20 S. 57 modified (prosp.) by Proceeds of Crime Act 2002 (c. 29), ss. {47(4)}, 458(1)(3)

C21 S. 57 modified (prosp.) by Proceeds of Crime Act 2002 (c. 29), ss. {248(4)}, 458(1)(3)

RestrictionsF133 E+W

58 Power to place restrictions on register. E+W

(1) Where the proprietor of any registered land or charge desires to place restrictions on transferring or charging the land or on disposing of or dealing with the land or charge in any manner in which he is by this Act authorised to dispose of or deal with it, or on the deposit by way of security of any certificate, the proprietor may apply to the registrar to make an entry in the register that no transaction to which the application relates shall be effected, unless the following things, or such of them as the proprietor may determine, are done—

(a) unless notice of any application for the transaction is transmitted by post to such address as he may specify to the registrar;

(b) unless the consent of some person or persons, to be named by the proprietor, is given to the transaction;

(c) unless some such other matter or thing is done as may be required by the applicant and approved by the registrar:

Provided that no restriction under this section shall extend or apply to dispositions of or dealings with minor interests.

(2) The registrar shall thereupon, if satisfied of the right of the applicant to give the directions, enter the requisite restriction on the register, and no transaction to which the restriction relates shall be effected except in conformity therewith; but it shall not be the duty of the registrar to enter any such restriction, except upon such terms as to payment of fees and otherwise as may be prescribed, or to enter any restriction that the registrar may deem unreasonable or calculated to cause inconvenience.

(3) In the case of joint proprietors the restriction may be to the effect that when the number of proprietors is reduced below a certain specified number no disposition shall be registered except under an order of the court, or of the registrar after inquiry into title, subject to appeal to the court, and, subject to general rules, such an entry under this subsection as may be prescribed shall be obligatory unless it is shown to the registrar’s satisfaction that the joint proprietors are entitled for their own benefit, or can give valid receipts for capital money, or that one of them is a trust corporation.

(4) Any such restrictions, except such as are in this section declared to be obligatory, may at any time be withdrawn or modified at the instance of all the persons for the time being appearing by the register to be interested in such directions, and shall also be liable to be set aside by an order of the court.

(5) Rules may be made to enable applications to be made for the entry of restrictions by persons other than the proprietor.

Modifications etc. (not altering text)

C22 S. 58 applied (1.10.1996) by 1996 c. 52, s. 13(5) (with s. 51(4)); S.I. 1996/2402, art.3 (with transitional provisions and savings in Sch. 1 of that S.I.)

Protection of various InterestsF133 E+W

59 Writs, orders, deeds of arrangement, pending actions, &c. E+W

(1) A writ, order, deed of arrangement, pending action, or other interest which in the case of unregistered land may be protected by registration under the M33 Land Charges Act 1925, shall, where the land affected or the charge securing the debt affected is registered, be protected only by lodging a creditor’s notice, a bankruptcy inhibition or a caution against dealings with the land or the charge.

(2) Registration of a land charge (other than a local land charge) shall, where the land affected is registered, be effected only by registering under this Act a notice caution or other prescribed entry:

Provided that before a land charge including a local land charge affecting registered land (being a charge to secure money) is realised, it shall be registered and take effect as a registered charge under this Act in the prescribed manner, without prejudice to the priority conferred by the land charge.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F43

(4) When a land charge protected by notice has been discharged as to all or any part of the land comprised therein, the notices relating thereto and to all devolutions of and dealings therewith shall be vacated as to the registered land affected by the discharge.

(5) The foregoing provisions of this section shall apply only to writs and orders, deeds of arrangement, pending actions and land charges which if the land were unregistered would for purposes of protection be required to be registered or re-registered after the commencement of this Act under the M34 Land Charges Act 1925; and for the purposes of this section a land charge does not include a puisne mortgage . . . F44 .

(6) Subject to the provisions of this Act relating to fraud and to the title of a trustee in bankruptcy, a purchaser acquiring title under a registered disposition, shall not be concerned with any pending action, writ, order, deed of arrangement, or other document, matter, or claim (not being an overriding interest [F45 or a charge for capital transfer tax subject to which the disposition takes effect under section 73 of this Act]) which is not protected by a caution or other entry on the register, whether he has or has not notice thereof, express, implied, or constructive.

(7) In this section references to registration under the M35 Land Charges Act 1925, apply to any registration made under any other statute which, in the case of unregistered land, is by the Land Charges Act 1925, to have effect as if the registration had been made under that Act.

Textual Amendments

F43 S. 59(3) repealed by Land Registration Act 1988 (c. 3, SIF 98:2), ss. 1(2)(a), 2, Sch.

F44 Words repealed with saving by Finance Act 1975 (c.7, SIF 99:3), Sch. 13 Pt. I

F45 Words inserted by Finance Act 1975 (c. 7), Sch. 12 para. 5(4)

Modifications etc. (not altering text)

C23 Land Charges Act 1925 (c. 22) repealed by Land Charges Act 1972 (c. 61, SIF 98:2), Sch. 5 and Local Land Charges Act 1975 (c. 76, SIF 98:2), Sch. 2: references to the 1925 Act to be construed in accordance with Interpretation Act 1978 (c. 30, SIF 115:1), s. 17(2)(a)

C24 S. 59 extended by Housing Act 1988 (c. 50, SIF 61), s. 79(13), Sch. 11 para. 2(3)S. 59 extended (1.10.1996) by 1996 c. 52, 11(4) (with s. 51(4)); S.I. 1996/2402, art.3 (with transitional provisions and savings in Sch. 1 of that S.I.)S. 59 extended (16.12.1997) by 1996 c. 53, s. 138(3); S.I. 1997/2846, art. 2

C25 S. 59 extended by Housing Act 1985 (c. 68, SIF 61), s. 36(3) and Housing Associations Act 1985 (c. 69, SIF 61), s. 11, Sch. 2 para. 2(3)

C26 S. 59(2) extended by Water Resources Act 1963 (c. 38, SIF 130), s. 81(5)(a) and Leasehold Reform Act 1967 (c. 88, SIF 75:1), ss. 29, 30, Sch. 4 para. 1(3)S. 59(2) applied (1.10.1996) by 1996 c. 52, 11(4) (with s. 51(4)); S.I. 1996/2402, art.3 (with transitional provisions and savings in Sch. 1 of that S.I.)S. 59(2) applied (16.12.1997) by 1996 c. 53, s. 138(3); S.I. 1997/2846, art. 2

C27 S. 59(5) excluded (1.10.1996) by 1996 c. 52, s. 11(4) (with s. 51(4)); S.I. 1996/2402, art.3 (with transitional provisions and savings in Sch. 1 of that S.I.)S. 59(5) excluded (16.12.1997) by 1996 c. 53, s. 138(3); S.I. 1997/2846, art. 2

Marginal Citations

M33 1925 c. 22.

M34 1925 c. 22.

M35 1925 c. 22.

60 Notice of incumbrances registered under the Companies Act. E+W

(1) Where a company, registered under the M36 Companies (Consolidation) Act 1908, is registered as proprietor of any estate or charge already registered, the registrar shall not be concerned with any mortgage, charge, debenture, debenture stock, trust deed for securing the same, or other incumbrance created or issued by the company, whether or not registered under that Act, unless the same is registered or protected by caution or otherwise under this Act.

(2) No indemnity shall be payable under this Act by reason of a purchaser acquiring any interest under a registered disposition from the company free from any such incumbrance.

Marginal Citations

M36 1908 c. 69.

61 Protection of creditors prior to registration of trustee in bankruptcy. E+W

(1) The registrar shall as soon as practicable after registration of a petiton in bankruptcy as a pending action under the M37 Land Charges Act 1925, register a notice (in this Act called a creditors’ notice) against the title of any proprietor of any registered land or charge which appears to be affected, and such notice shall protect the rights of all creditors, and unless cancelled by the registrar in the prescribed manner such notice shall remain in force until a bankruptcy inhibition is registered or the trustee in bankruptcy is registered as proprietor.

No fee shall be charged for the registration of the notice.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F46

(3) The registrar shall, as soon as practicable after registration of a [F47 bankruptcy order] receiving order in bankruptcy under the M38 Land Charges Act, 1925, enter an inhibition (in this Act called a bankruptcy inhibition) against the title of any proprietor of any registered land or charge which appears to be affected.

No fee shall be charged for the registration of the inhibition.

(4) From and after the entry of a bankruptcy inhibition (but without prejudice to dealings with or in right of interests or charges having priority over the estate or charge of the bankrupt proprietor), no dealing affecting the registered land or charge of the proprietor, other than the registration of the trustee in bankruptcy, shall be entered on the register until the inhibition is vacated as to the whole or part of the land or charge dealt with.

(5) If and when a proprietor of any registered land or charge is adjudged bankrupt, his registered estate or interest, if belonging, to him beneficially, and whether acquired before or after the date of adjudication, shall vest in the trustee in bankruptcy in accordance with the statutory provisions relating to bankruptcy for the time being in force.

(6) Where under a disposition to a purchaser in good faith for money or money’s worth such purchaser is registered as proprietor of an estate or a charge, then [F48 , notwithstanding that the person making the disposition is adjudged bankrupt,] the title of his trustee in bankruptcy acquired after the commencement of this Act shall, as from the date of such disposition, be void as against such purchaser unless at the date of such disposition, either a creditors’ notice or a bankruptcy inhibition has been registered, but a purchaser who, at the date of the execution of the registered disposition, has notice of [F49 the bankruptcy petition or the] adjudication, shall not be deemed to take in good faith.

Nothing in this section shall impose on a purchaser a liability to make any search under the M39 Land Charges Act 1925.

(7) Where the estate or assets of a bankrupt proprietor suffer loss by reason of the omission of the registrar to register a creditors’ notice or bankruptcy inhibition, as required by this section, or on account of the execution or registration of a disposition after a petition is registered as a pending action or after [F50 a bankruptcy order] is registered and before the registration of a creditors’ notice or bankruptcy inhibition, the trustee in bankruptcy shall be entitled to indemnity as a person suffering loss by reason of an error or omission in the register.

(8) If neither a creditors’ notice nor a bankruptcy inhibition is registered against a bankrupt proprietor, nothing in this section shall prejudicially affect a registered disposition of any registered land or charge acquired by the bankrupt after adjudication F51 . . ..

(9) If and when a bankruptcy inhibition is wholly or partially vacated, for any cause other than by reason of the registration of the trustee in bankruptcy, any registered estate or interest vested in the trustee in bankruptcy shall, as respects the registered land or charge to which the vacation extends, be divested and the same shall vest in the proprietor in whom it would have been vested if there had been no adjudication in bankruptcy.

(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F52

Textual Amendments

F46 S. 61(2) repealed by Insolvency Act 1985 (c. 65, SIF 66), s. 235(3), Sch. 10 Pt. III

F47 S. 61(3) words substituted by Insolvency Act 1985 (c. 65,SIF 66), s. 235(1), Sch. 8 para. 5(3).

F48 Words substituted by Insolvency Act 1985 (c. 65, SIF 66), s. 235(1), Sch. 8 para. 5(3)(b(i))

F49 Words substituted by Insolvency Act 1985 (c. 65, SIF 66), s. 235(1), Sch. 8 para. 5(3)(b)(ii)

F50 Words substituted by Insolvency Act 1985 (c. 65, SIF 66), s. 235(1), Sch. 8 para. 5(3)(c)

F51 Words repealed by Insolvency Act 1985 (c. 65, SIF 66), s. 235(3), Sch. 10 Pt. III

F52 S. 61(10) repealed by Land Registration Act 1988 (c. 3, SIF 98:2), ss. 1(2)(b), 2, Sch.

Modifications etc. (not altering text)

C28 Land Charges Act 1925 (c. 22) repealed by Land Charges Act 1972 (c. 61, SIF 98:2), Sch. 5 and Local Land Charges Act 1975 (c. 76, SIF 98:2), Sch. 2: references to the 1925 Act to be construed in accordance with Interpretation Act 1978 (c. 30, SIF 115:1), s. 17(2)(a)

Marginal Citations

M37 1925 c. 22.

M38 1925 c. 22.

M39 1925 c. 22.

62 Rules to be made as to certain details. E+W

Rules shall be made under this Act—

(a) For postponing the registration of a creditors’ notice or bankruptcy inhibition, where the name, address and description of the debtor [F53 or bankrupt]appearing in the application for the registration of the pending action or [F54 bankruptcy order] are not identical with those stated in the register, until the registrar is satisfied as to the identity of the debtor [F53 or bankrupt];

(b) For requiring the official receiver to notify to the registrar any mistake occurring in the [F54 bankruptcy order] or any other fact relevant to any proposed amendment in the register; and for enabling the registrar to make any consequential amendment;

(c) For providing for the whole or partial vacation (subject to notice to the official receiver or trustee in bankruptcy and to his right to appeal to the court) of a bankruptcy inhibition, where F55 . . . the bankruptcy is annulled, or the registrar is satisfied that the bankruptcy proceedings do not affect or have ceased to affect the statutory powers of the bankrupt to deal with the registered land or charge.

Textual Amendments

F53 Words inserted by Insolvency Act 1985 (c. 65, SIF 66), s. 235(1), Sch. 8 para. 5 (4)(a)

F54 Words substituted by Insolvency Act 1985 (c. 65, SIF 66), s. 235(1), Sch. 8 para. 5(4)

F55 S. 62 words repealed by Insolvency Act 1985 (c. 65, SIF 66), s. 235(3), Sch 10 Pt. III

Part V F133 E+W Land and Charge Certificates

63 Issue of land and charge certificates. E+W

(1) On the first registration of a freehold or leasehold interest in land, and on the registration of a charge, a land certificate, or charge certificate, as the case may be, shall be prepared in the prescribed form: it shall state whether the title is absolute, good leasehold, qualified or possessory, and it shall be either delivered to the proprietor or deposited in the registry as the proprietor may prefer.

(2) If so deposited in the registry it shall be officially endorsed from time to time, as in this Act provided, with notes of all subsequent entries in the register affecting the registered land or charge to which it relates.

(3) The proprietor may at any time apply for the delivery of the certificate to himself or to such person as he may direct, and may at any time again deposit it in the land registry.

(4) The preparation, issue, endorsement, and deposit in the registry of the certificate shall be effected without cost to the proprietor.

64 Certificates to be produced and noted on dealings. E+W

(1) So long as a land certificate or charge certificate is outstanding, it shall be produced to the registrar—

(a) on every entry in the register of a disposition by the proprietor of the registered land or charge to which it relates; and

(b) on every registered transmission; and

(c) in every case (except as hereinafter mentioned) where under this Act or otherwise notice of any estate right or claim or a restriction is entered or placed on the register, adversely affecting the title of the proprietor of the registered land or charge, but not in the case of the lodgment of a caution or of an inhibition or of a creditors’ notice, or of the entry of a notice of a lease at a rent without taking a fine [F56 or a notice of a charge for capital transfer tax].

(2) A note of every such entry or transmission shall be officially entered on the certificate and the registrar shall have the same powers of compelling the production of certificates as are conferred on him by this Act as to the production of maps, surveys, books, and other documents.

(3) On the completion of the registration of a transferee or grantee of any registered land or charge the registrar shall deliver to him a land certificate or charge certificate, and where part only of the land is dealt with shall also deliver to the transferor or grantor a land certificate containing a description of the land retained by him.

(4) Where a transfer of land is made by the proprietor of a registered charge in exercise of any power vested in him, it may be registered, and a new land certificate may be issued to the purchaser, without production of the former land certificate (when not deposited at the registry), but the charge certificate, if any, must be produced or accounted for in accordance with this section.

The provisions of this subsection shall be extended in the prescribed manner to the cases of—

(a) an order for foreclosure absolute;

(b) a proprietor of a charge or a mortgagee obtaining a title to the land under the Limitation Acts;

(c) title being acquired under a title paramount to the registered estate, including a title acquired pursuant to a vesting or other order of the court or other competent authority.

[F57 (5) Subsection (1) above shall not require the production of the land certificate when a person applies for the registration of a notice by virtue of [F58 section 31(10) of the Family Law Act 1996](spouse’s charge in respect of [F58 matrimonial home rights]).]

[F59 (6) Subsection (1) above shall also not require the production of the land certificate when a person applies for—

(a) the registration of a notice of any variation of a lease effected by or in pursuance of an order under section 38 of the Landlord and Tenant Act 1987 (orders by the court varying leases), including any variation as modified by an order under section 39(4) of that Act (effect of orders varying leases: applications by third parties), or

(b) the cancellation of any such notice where a variation is cancelled or modified by an order under section 39(4) of that Act.]

[F60 (7) Subsection (1) above shall also not require the production of the land certificate or of any charge certificate when a person applies for the registration of a notice in respect of an access order under the Access to Neighbouring Land Act 1992.]

Textual Amendments

F56 Words added by Finance Act 1975 (c. 7), Sch. 12 para. 5(5)

F57 S. 64(5) inserted by Matrimonial Homes and Property Act 1981 (c. 24, SIF 49:5), s. 4(1)

F58 Words in s. 64(5) substituted (1.10.1997) by 1996 c. 27, s. 66(1), Sch. 8 Pt. III para.45 (with s. 66(2), Sch. 9 para. 5(1)(b)(ii)(8)-(10)); S.I. 1997/1892, art. 3

F59 S. 64(6) added by Landlord and Tenant Act 1987 (c. 31, SIF 75:1), s. 61(1), Sch. 4 para. 2

F60 S. 64(7) added (31.1.1993) by Access to Neighbouring Land Act 1992 (c. 23), s. 5(3); S.I. 1992/3349, art. 2.

Modifications etc. (not altering text)

C29 S. 64 excluded by Requisitioned Land and War Works Act 1945 (c. 43 SIF 28: 3), s. 37(3) and by Housing Act 1985 (c. 68, SIF 61), s. 168(5)

C30 S. 64(1) excluded by Housing Act 1985 (c. 68, SIF 61), Sch. 9A para. 5(3) (as inserted by Housing and Planning Act 1986 (c. 63, SIF 61), s. 8(2), Sch. 2) and excluded by S. I. 1986/2092 art. 10, Sch. 2 para. 5(4)

65 Deposit at registry of certificate of mortgaged land. E+W

Where a charge or mortgage (otherwise than by deposit) is registered, or is protected by a caution in a specially prescribed form, the land certificate shall be deposited at the registry until the charge or mortgage is cancelled.

66 Creation of liens by deposit of certificates. E+W

The proprietor of any registered land or charge may, subject to the overriding interests, if any, to any entry to the contrary on the register, and to any estates, interests, charges, or rights registered or protected on the register at the date of the deposit, create a lien on the registered land or charge by deposit of the land certificate or charge certificate; and such lien shall, subject as aforesaid, be equivalent to a lien created in the case of unregistered land by the deposit of documents of title or of the mortgage deed by an owner entitled for his own benefit to the registered estate, or a mortgagee beneficially entitled to the mortgage, as the case may be.

67 Issue of new certificates. E+W

(1) The registrar may when a land certificate or charge certificate is produced to him grant a new land certificate or charge certificate in the place of the one produced.

(2) A new land certificate or charge certificate may be issued in place of one lost or destroyed, or in the possession of a person out of the jurisdiction of the High Court, on such terms as to advertisement notice or delay as may be prescribed.

68 Certificates to be evidence. E+W

Any land certificate or charge certificate shall be admissible as evidence of the several matters therein contained.

Part VI F133 E+W General Provisions as to Registration and the Effect Thereof

69 Effect of registration on the legal estate. E+W

(1) The proprietor of land (whether he was registered before or after the commencement of this Act) shall be deemed to have vested in him without any conveyance, where the registered land is freehold, the legal estate in fee simple in possession, and where the registered land is leasehold the legal term created by the registered lease, but subject to the overriding interests, if any, including any mortgage term or charge by way of legal mortgage created by or under the M40 Law of Property Act 1925, or this Act or otherwise which has priority to the registered estate.

(2) Where any legal estate or term left outstanding at the date of first registration (whether before or after the commencement of this Act), or disposed of or created under section forty-nine of the M41 Land Transfer Act 1875, before the commencement of this Act, becomes satisfied, or the proprietor of the land becomes entitled to require the same to be vested in or surrendered to him, and the entry, if any, for protecting the same on the register has been cancelled, the same shall thereupon, without any conveyance, vest in the proprietor of the land, as if the same had been conveyed or surrendered to him as the case may be.

(3) If and when any person is registered as first proprietor of [F61 any land], the provisions of the M42 Law of Property Act 1925, for getting in legal estates shall apply to any legal estate in the land which was expressed to be conveyed or created in favour of a purchaser or lessee before the commencement of this Act but which failed to pass or to be created by reason of the omission of such purchaser or lessee to be registered as proprietor of the land under the Land Transfer Acts 1875 and 1897, and shall operate to vest that legal estate in the person so registered as proprietor on his registration, but subject to any mortgage term or charge by way of legal mortgage having priority thereto.

(4) The estate for the time being vested in the proprietor shall only be capable of being disposed of or dealt with by him in manner authorised by this Act.

(5) Nothing in this section operates to render valid a lease registered with possessory or good leasehold title.

Textual Amendments

F61 Words in s. 69(3) substituted (1.4.1998) by 1997 c. 2, s. 4(1), Sch. 1 para. 1(2); S.I. 1997/3036, arts.2, 3

Marginal Citations

M40 1925 c. 20 (98:1).

M41 1875 c. 87.

M42 1925 c. 20 (98:1).

70 Liability of registered land to overriding interests. E+W

(1) All registered land shall, unless under the provisions of this Act the contrary is expressed on the register, be deemed to be subject to such of the following overriding interests as may be for the time being subsisting in reference thereto, and such interests shall not be treated as incumbrances within the meaning of this Act, (that is to say):—

(a) Rights of common, drainage rights, customary rights (until extinguished), public rights, profits a prendre, rights of sheepwalk, rights of way, watercourses, rights of water, and other easements not being equitable easements required to be protected by notice on the register;

(b) Liability to repair highways by reason of tenure, quit-rents, crown rents, heriots, and other rents and charges (until extinguished) having their origin in tenure;

(c) Liability to repair the chancel of any church;

(d) Liability in respect of embankments, and sea and river walls;

(e) . . . F62 payments in lieu of tithe, and charges or annuities payable for the redemption of tithe rentcharges;

(f) Subject to the provisions of this Act, rights acquired or in course of being acquired under the Limitation Acts;

(g) The rights of every person in actual occupation of the land or in receipt of the rents and profits thereof, save where enquiry is made of such person and the rights are not disclosed;

(h) In the case of a possessory, qualified, or good leasehold title, all estates, rights, interests, and powers excepted from the effect of registration;

(i) Rights under local land charges unless and until registered or protected on the register in the prescribed manner;

(j) Rights of fishing and sporting, seignorial and manorial rights of all descriptions (until extinguished), and franchises;

F63 [(k) Leases granted for a term not exceeding twenty-one years;]

(l) In respect of land registered before the commencement of this Act, rights to mines and minerals, and rights of entry, search, and user, and other rights and reservations incidental to or required for the purpose of giving full effect to the enjoyment of rights to mines and minerals or of property in mines or minerals, being rights which, where the title was first registered before the first day of January, eighteen hundred and ninety-eight, were created before that date, and where the title was first registered after the thirty-first day of December, eighteen hundred and ninety-seven, were created before the date of first registration:

[F64 (m) any interest or right which is an overriding interest by virtue of paragraph 1(1) of Schedule 9 to the Coal Industry Act 1994:]

Provided that, where it is proved to the satisfaction of the registrar that any land registered or about to be registered is exempt from land tax, or tithe rentcharge or payments in lieu of tithe, or from charges or annuities payable for the redemption of tithe rentcharge, the registrar may notify the fact on the register in the prescribed manner.

(2) Where at the time of first registration any easement, right, privilege, or benefit created by an instrument and appearing on the title adversely affects the land, the registrar shall enter a note thereof on the register.

(3) Where the existence of any overriding interest mentioned in this section is proved to the satisfaction of the registrar or admitted, he may (subject to any prescribed exceptions) enter notice of the same or of a claim thereto on the register, but no claim to an easement, right, or privilege not created by an instrument shall be noted against the title to the servient land if the proprietor of such land (after the prescribed notice is given to him) shows sufficient cause to the contrary.

[F65 (4) Neither subsection (2) nor subsection (3) of this section shall apply in the case of any such interest or right as is mentioned in subsection (1)(m) of this section.]

Textual Amendments

F62 Words repealed by Tithe Act 1936 (c. 43, SIF 98:5), s. 1, Sch. 9 and with saving by Finance Act 1963 (c. 25, SIF 99:3), s. 73(8)(b), Sch. 14 Pt. VI

F63 S. 70(1)(k) substituted by Land Registration Act 1986 (c. 26, SIF 98:2), s. 4(1)(4)

F64 S. 70(1)(m) inserted (31.10.1994) by 1994 c. 21, ss. 7(1), 67(1), 68(2), Sch. 9 para. 1(2)(a) (with ss. 40(7), 66); S.I. 1994/2553, art. 2

F65 S. 70(4) inserted (31.10.1994) by 1994 c. 21, ss. 7(1), 67(1), 68(2), Sch. 9 para. 1(2)(b) (with ss. 40(7), 66); S.I. 1994/2553, art.2

Modifications etc. (not altering text)

C31 S. 70 excluded by Leasehold Reform Act 1967 (c. 88, SIF 75:1), s. 5(5)

C32 S. 70(1)(k) excluded by Housing Act 1985 (c. 68, SIF 61), Sch. 9A para. 3 (as inserted by Housing and Planning Act 1986 (c. 63, SIF 61), s. 8(2), Sch. 2) and excluded by S. I. 1986/2092 art. 10, Sch. 2 para. 3

C33 S. 70(2)(3) restricted (31.10.1994) by 1994 c. 21, ss. 7(1), 67(1), 68(2), Sch. 9 para. 1(1) (with ss. 40(7), 66); S.I. 1994/2253, art.2

71 Dispositions by virtue of overriding interests. E+W

Where by virtue of any interest or power which is an overriding interest a mortgagee or other person disposes of any estate, charge, or right in or upon a registered estate, and the disposition is capable of being registered, the registrar shall, if so required, give effect to the disposition on the register.

72 Appurtenances. E+W

If before the registration of any freehold or leasehold interest in land with an absolute or good leasehold title any easement, right, or privilege has been acquired for the benefit thereof, then, on such registration, the easement, right, or privilege shall, subject to any entry to the contrary on the register, become appurtenant to the registered land in like manner as if it had been granted to the proprietor who is registered as aforesaid.

[F66 73 Inland Revenue charge for capital transfer tax. E+W

A disposition shall take effect subject to any subsisting Inland Revenue charge under Part III of the M43 Finance Act 1975 unless—

(a) the disposition is in favour of a purchaser within the meaning of that Part; and

(b) the charge is not, at the time of registration of the disposition, protected by notice on the register.]

Textual Amendments

F66 S. 73 substituted by Finance Act 1975 (c. 7, SIF 63:2), Sch. 12 paras. 2, 5(6) in relation to deaths occurring after 13.3.1975

Modifications etc. (not altering text)

C34 S. 73: by Finance Act 1986 (c. 41,SIF 65), s. 100 it is provided that the Capital Transfer Tax Act 1984 may be cited as the Inheritance Tax Act 1984 and that any reference to capital transfer tax in any other enactment shall have effect as a reference to inheritance tax

Marginal Citations

M43 1975 c. 7 (18).

74 Notice of trust not to affect registered dealing. E+W

Subject to the provisions of this Act as to settled land, neither the registrar nor any person dealing with a registered estate or charge shall be affected with notice of a trust express implied or constructive, and references to trusts shall, so far as possible, be excluded from the register.

75 Acquisition of title by possession. E+W

(1) The Limitation Acts shall apply to registered land in the same manner and to the same extent as those Acts apply to land not registered, except that where, if the land were not registered, the estate of the person registered as proprietor would be extinguished, such estate shall not be extinguished but shall be deemed to be held by the proprietor for the time being in trust for the person who, by virtue of the said Acts, has acquired title against any proprietor, but without prejudice to the estates and interests of any other person interested in the land whose estate or interest is not extinguished by those Acts.

(2) Any person claiming to have acquired a title under the Limitation Acts to a registered estate in the land may apply to be registered as proprietor thereof.

(3) The registrar shall, on being satisfied as to the applicant’s title, enter the applicant as proprietor either with absolute, good leasehold, qualified, or possessory title, as the case may require, but without prejudice to any estate or interest protected by any entry on the register which may not have been extinguished under the Limitation Acts, and such registration shall, subject as aforesaid, have the same effect as the registration of a first proprietor; but the proprietor or the applicant or any other person interested may apply to the court for the determination of any question arising under this section.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F67

(5) Rules may be made for applying (subject to any necessary modifications) the provisions of this section to cases where an easement, right or privilege has been acquired by prescription.

Textual Amendments

F67 S. 75(4) repealed by Land Registration and Land Charges Act 1971 (c. 54, SIF 98:2), Sch. 2 Pt. I

76 Description of registered land. E+W

Registered land may be described—

(a) by means of a verbal description and a filed plan or general map, based on the ordnance map; or

(b) by reference to a deed or other document, a copy or extract whereof is filed at the registry, containing a sufficient description, and a plan or map thereof; or

(c) otherwise as the applicant for registration may desire, and the registrar, or, if the applicant prefers, the court, may approve,

regard being had to ready identification of parcels, correct descriptions of boundaries, and, so far as may be, uniformity of practice; but the boundaries of all freehold land and all requisite details in relation to the same, shall whenever practicable, be entered on the register or filed plan, or general map, and the filed plan, if any, or general map shall be used for assisting the identification of the land.

77 [F68 Conversion of possessory into absolute or good leasehold title. E+W

(1) Where land is registered with a good leasehold title, or satisfies the conditions for such registration under this section, the registrar may, and on application by the proprietor shall, if he is satisfied as to the title to the freehold and the title to any intermediate leasehold, enter the title as absolute.

(2) Where land is registered with a possessory title, the registrar may, and on application by the proprietor shall—

(a) if he is satisfied as to the title, or

(b) if the land has been so registered for at least twelve years and he is satisfied that the proprietor is in popssession,

enter the title in the case of freehold land as absolute and in the case of leasehold land as good lease hold

(3) Where land is registered with a qualified title, the registrar may, and on application by the proprietor shall, if he is satisfied as to the title, enter it in the case of freehold land as good leasehold.

(4) If any claim adverse to the title of the proprietor has been made, an entry shall not be made in the register under this section unless and until the claim has been disposed of.

(5) No fee shall be charged for the making of an entry in the register under this section at the instance of the registrar or on an application by the proprietor made in connection with a transfer for valuable consideration of the land to which the application relates.

(6) Any person, other than the proprietor, who suffers loss by reason of any entry on the register made by virtue of this section shall be entitled to be indemnified under this Act as if a mistake had been made in the register.]

Textual Amendments

F68 S. 77 substituted with saving by Land Registration Act 1986 (c. 26, SIF 98:2), s. 1(1)(2)

78 Provisions as to undivided shares in land. E+W

(1) Where in the case of land belonging to persons in undivided shares the entirety of the land is registered at the commencement of this Act, and the persons entitled to the several undivided shares are registered as proprietors, the registrar shall, on the occasion of the first dealing affecting the title after the commencement of this Act, rectify the register by entering as the proprietors of the entirety of the land the persons in whom the legal estate therein has become vested by virtue of the M44 Law of Property Act 1925, and it shall be the duty of the persons registered as the proprietors of the undivided shares in the land to furnish to the registrar such evidence as he may require to enable him to ascertain the persons in whom such legal estate has become so vested as aforesaid.

(2) Where at the commencement of this Act the title to an undivided share in land is registered but the entirety of the land is not registered, the registrar may, at any time, after giving notice to the proprietor and to the other persons, if any, who appear by the register to be interested therein, remove from the register the title to the undivided share, and such removal shall have the like effect as if it had been effected by the proprietor with the assent of such other persons as aforesaid in pursuance of the power in that behalf contained in this Act:

Provided that, if within one year from the commencement of this Act or such extended time as the registrar may allow, and before the removal of the undivided share from the register in manner aforesaid, the persons in whom the legal estate of the entirety of the land is vested by virtue of the M45 Law of Property Act 1925, or any persons interested in more than an undivided half of the land or the income thereof, make an application in the prescribed manner for the purpose and furnish the prescribed evidence, the registrar shall, without charging any fee, register the persons in whom such legal estate is so vested as proprietors of that estate, subject to any incumbrance capable of registration affecting the entirety of the land, but free from any charge or incumbrance (whether formerly registered or not) affecting an undivided share, and when the title to the entirety of the land is so registered, the title to the undivided share shall be closed.

(3) If the person in whom the legal estate in the entirety of the land is so vested is the Public Trustee, he shall not be registered as proprietor pursuant to this section unless and until he has been duly requested to act in accordance with the M46 Law of Property Act 1925, and has accepted the trust.

(4) After the commencement of this Act, no entry other than a caution against dealings with the entirety shall be made in the register as respects the title to an undivided share in land [F69 registered at the commencement of this Act].

Textual Amendments

F69 Words in s. 78(4) inserted (1.1.1997) by 1996 c. 47, s. 25(1), Sch. 3 para.5(6) (with ss. 24(2), 25(4)); S.I. 1996/2974, art. 2

Marginal Citations

M44 1925 c. 20 (98:1).

M45 1925 c. 20 (98:1).

M46 1925 c. 20 (98:1).

79 Addresses for service and notices. E+W

(1) Every person whose name is entered on the register as proprietor of any registered land or charge, or as cautioner, or as entitled to receive any notice, or in any other character shall furnish to the registrar a place of address in the United Kingdom.

(2) Every notice by this Act required to be given to any person shall be served personally, or sent through the post in a registered letter marked outside “His Majesty’s Land Registry,” and directed to such person at the address furnished to the registrar, and, unless returned, shall be deemed to have been received by the person addressed within such period, not less than seven days, exclusive of the day of posting, as may be prescribed.

(3) [F70 The Post Office]shall give directions for the immediate return to the registrar of all letters marked as aforesaid, and addressed to any person who cannot be found, and on the return of any letter containing any notice, the registrar shall act in the matter requiring such notice to be given in such manner as may be prescribed.

(4) A purchaser shall not be affected by the omission to send any notice by this Act directed to be given or by the non-receipt thereof.

Textual Amendments

F70 Words “The Post Office” substituted for “The Postmaster General” by virtue of Post Office Act 1969 (c. 48, SIF 96), ss. 1, 76, Sch. 4 paras. 1, 27

Modifications etc. (not altering text)

C35 Reference in s. 79(2) to a registered letter to be construed as including a reference to recorded delivery service: Recorded Delivery Service Act 1962 (c. 27, SIF 96), s. 1(1)(2), Sch. para. 1

80 Bona vacantia and forfeiture. E+W

Subject to the express provisions of this Act relating to the effect of first registration of title and the effect or registration of a disposition for valuable consideration, nothing in this Act affects any right of His Majesty to any bona vacantia or forfeiture.

81 Power to remove land from the register. E+W

(1) [F71 Where] the entirety of the land is not registered, the proprietor of an undivided share in land, may, with the consent of the other persons (if any) for the time being appearing by the register to be interested therein, and on delivering up the land certificate and, if the land is subject to any registered charges, the charge certificates, remove [F71 the undivided share] from the register.

(2) After land is removed from the register no further entries shall be made respecting it, and inspection of the register may be made and office copies of the entries therein may be issued, subject to such regulations as may be prescribed.

(3) If the land so removed from the register is situated within the jurisdiction of the Middlesex or Yorkshire registries, it shall again be subject to such jurisdiction as from the date of the removal.

Textual Amendments

F71 Words in s. 81(1) substituted (1.4.1998) by 1997 c. 2, s. 4(1), Sch. 1 para. 1(3)(a)(b); S.I. 1997/3036, arts.2, 3

Part VII F133 E+W Rectification of Register and Indemnity

82 Rectification of the register. E+W

(1) The register may be rectified pursuant to an order of the court or by the registrar, subject to an appeal to the court, in any of the following cases, but subject to the provisions of this section:—

(a) Subject to any express provisions of this Act to the contrary, where a court of competent jurisdiction has decided that any person is entitled to any estate right or interest in or to any registered land or charge, and as a consequence of such decision such court is of opinion that a rectification of the register is required, and makes an order to that effect;

(b) Subject to any express provision of this Act to the contrary, where the court, on the application in the prescribed manner of any person who is aggrieved by any entry made in, or by the omission of any entry from, the register, or by any default being made, or unnecessary delay taking place, in the making of any entry in the register, makes an order for the rectification of the register;

(c) In any case and at any time with the consent of all persons interested;

(d) Where the court or the registrar is satisfied that any entry in the register has been obtained by fraud;

(e) Where two or more persons are, by mistake, registered as proprietors of the same registered estate or of the same charge;

(f) Where a mortgagee has been registered as proprietor of the land instead of as proprietor of a charge and a right of redemption is subsisting;

(g) Where a legal estate has been registered in the name of a person who if the land had not been registered would not have been the estate owner; and

(h) In any other case where, by reason of any error or omission in the register, or by reason of any entry made under a mistake, it may be deemed just to rectify the register.

(2) The register may be rectified under this section, notwithstanding that the rectification may affect any estates, rights, charges, or interests acquired or protected by registration, or by any entry on the register, or otherwise.

(3) The register shall not be rectified, except for the purpose of giving effect to an overriding interest [F72 or an order of the court], so as to affect the title of the proprietor who is in possession—

[F73 (a) unless the proprietor has caused or substantially contributed to the error or omission by fraud or lack of proper care; or]

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F74

(c) unless for any other reason, in any particular case, it is considered that it would be unjust not to rectify the register against him.

(4) Where a person is in possession of registered land in right of a minor interest, he shall, for the purposes of this section, be deemed to be in possession as agent for the proprietor.

(5) The registrar shall obey the order of any competent court in relation to any registered land on being served with the order or an official copy thereof.

(6) On every rectification of the register the land certificate and any charge certificate which may be affected shall be produced to the registrar unless an order to the contrary is made by him.

Textual Amendments

F72 Words inserted by Administration of Justice Act 1977 (c. 38, SIF 37), s. 24(a)

F73 S. 82(3)(a) substituted by Administration of Justice Act 1977 (c. 38, SIF 37), s. 24(b)

F74 S. 82(3)(b) repealed by Administration of Justice Act 1977 (c. 38, SIF 37), Sch. 5 Pt. VI

[F75 83 Indemnity for errors or omissions in the register. E+W

(1) Where the register is rectified under this Act, then, subject to the provisions of this Act—

(a) any person suffering loss by reason of the rectification shall be entitled to be indemnified; and

(b) if, notwithstanding the rectification, the person in whose favour the register is rectified suffers loss by reason of an error or omission in the register in respect of which it is so rectified, he also shall be entitled to be indemnified.

(2) Where an error or omission has occurred in the register, but the register is not rectified, any person suffering loss by reason of the error or omission shall, subject to the provisions of this Act, be entitled to be indemnified.

(3) Where any person suffers loss by reason of the loss or destruction of any document lodged at the registry for inspection or safe custody or by reason of an error in any official search, he shall be entitled to be indemnified under this Act.

(4) Subject to the following provisions of this section, a proprietor of any registered land or charge claiming in good faith under a forged disposition shall, where the register is rectified, be deemed to have suffered loss by reason of such rectification and shall be entitled to be indemnified under this Act.

(5) No indemnity shall be payable under this Act—

(a) on account of any loss suffered by a claimant wholly or partly as a result of his own fraud or wholly as a result of his own lack of proper care;

(b) on account of any mines or minerals, or the existence of any right to work or get mines or minerals, unless it is noted on the register that the mines or minerals are included in the title; or

(c) on account of any costs or expenses (of whatever nature) incurred without the consent of the registrar, unless—

(i) by reason of urgency it was not practicable to apply for the registrar’s consent before they were incurred, and

(ii) the registrar subsequently approves them for the purposes of this paragraph.

(6) Where any loss suffered by a claimant is suffered partly as a result of his own lack of proper care, any indemnity payable to him shall be reduced to such extent as is just and equitable having regard to his share in the responsibility for the loss.

(7) For the purposes of subsections (5)(a) and (6) above, any fraud or lack of proper care on the part of a person from whom the claimant derives title (otherwise than under a disposition for valuable consideration which is registered or protected on the register) shall be treated as if it were fraud or lack of proper care on the part of the claimant (and the reference in subsection (6) to the claimant’s share in the responsibility for the loss shall be construed accordingly).

(8) Where an indemnity is paid in respect of the loss of an estate or interest in or charge on land, the amount so paid shall not exceed—

(a) where the register is not rectified, the value of the estate, interest or charge at the time when the error or omission which caused the loss was made;

(b) where the register is rectified, the value (if there had been no rectification) of the estate, interest or charge, immediately before the time of rectification.

(9) Subject to subsection (5)(c) above, as restricted by section 2(2) of the M47 Land Registration and Land Charges Act 1971—

(a) an indemnity under any provision of this Act shall include such amount, if any, as may be reasonable in respect of any costs or expenses properly incurred by the claimant in relation to the matter; and

(b) a claimant for an indemnity under any such provision shall be entitled to an indemnity thereunder of such amount, if any, as may be reasonable in respect of any such costs or expenses, notwithstanding that no other indemnity money is payable thereunder.

(10) Where indemnity is paid to a claimant in respect of any loss, the registrar, on behalf of the Crown, shall be entitled—

(a) to recover the amount paid from any person who caused or substantially contributed to the loss by his fraud; or

(b) for the purpose of recovering the amount paid, to enforce—

(i) any right of action (of whatever nature and however arising) which the claimant would have been entitled to enforce had the indemnity not been paid, and

(ii) where the register has been rectified, any right of action (of whatever nature and however arising) which the person in whose favour the register has been rectified would have been entitled to enforce had it not been rectified.

(11) Subsection (10) above does not prejudice any other rights of recovery which by virtue of any enactment are exercisable by the registrar where he has made a payment of indemnity.

(12) A liability to pay indemnity under this Act shall be deemed to be a simple contract debt; and for the purposes of the M48 Limitation Act 1980, the cause of action shall be deemed to arise at the time when the claimant knows, or but for his own default might have known, of the existence of his claim.

(13) This section applies to the Crown in like manner as it applies to a private person.]

Textual Amendments

F75 S. 83 substituted (27.4.1997) by 1997 c. 2, ss.2, 5(3) (with s. 5(5))

Marginal Citations

M47 1971 c. 54.

M48 1980 c. 58.

84 Application of indemnity in case of settled land. E+W

Where any indemnity is paid in respect of settled land, and not in respect of any particular estate, remainder, or reversion therein, the money shall be paid to the trustees of the settlement and held by them as capital money for the purposes of the M49 Settled Land Act 1925, arising from the settled land.

Marginal Citations

M49 1925 c. 18 (98:3).

85 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F76 E+W

Textual Amendments

F76 Ss. 83(7), 85 repealed by Land Registration and Land Charges Act 1971 (c. 54, SIF 98:2), Sch. 2 Pt. II

Part VIII F133 E+W Application to particular Classes of Land

86 Registration of settled land. E+W

(1) Settled land shall be registered in the name of the tenant for life or statutory owner.

(2) The successive or other interests created by or arising under a settlement shall (save as regards any legal estate which cannot be overridden under the powers of the M50 Settled Land Act 1925, or any other statute) take effect as minor interests and not otherwise; and effect shall be given thereto by the proprietor of the settled land as provided by statute with respect to the estate owner, with such adaptations, if any, as may be prescribed in the case of registered land by rules made under this Act.

(3) There shall also be entered on the register such restrictions as may be prescribed, or may be expedient, for the protection of the rights of the persons beneficially interested in the land, and such restrictions shall (subject to the provisions of this Act relating to releases by the trustees of a settlement and to transfers by a tenant for life whose estate has ceased in his lifetime) be binding on the proprietor during his life, but shall not restrain or otherwise affect a disposition by his personal representative.

(4) Where land already registered is acquired with capital money, the same shall be transferred by a transfer in a specially prescribed form to the tenant for life or statutory owner, and such transfer shall state the names of the persons who are trustees of the settlement for the purposes of the M51 Settled Land Act 1925, and contain an application to register the prescribed restrictions applicable to the case; a transfer made in the specially prescribed form shall be deemed to comply with the requirements of that Act, respecting vesting deeds; and where no capital money is paid but land already registered is to be made subject to a settlement, it shall not be necessary for the trustees of the settlement to concur in the transfer.

(5) References in this Act to the “tenant for life” shall, where the context admits, be read as referring to the tenant for life, statutory owner, or personal representative who is entitled to be registered.

Marginal Citations

M50 1925 c. 18 (98:3).

M51 1925 c. 18 (98:3).

87 Changes of ownership of settled land. E+W

(1) On the death of a proprietor, or of the survivor of two or more joint proprietors of settled land (whether the land is settled by his will or by an instrument taking effect on or previously to his death), his personal representative shall hold the settled land subject to payment or to making provision for payment of all death duties and other liabilities affecting the land, and having priority to the settlement, upon trust to transfer the same by an assent in the prescribed manner to the tenant for life or statutory owner, and in the meantime upon trust to give effect to the minor interests under the settlement; but a transfer shall not be made to an infant.

(2) Rules may be made—

(a) for enabling a personal representative or proprietor in proper cases to create legal estates by registered dispositions for giving effect to or creating interests in priority to the settlements;

(b) to provide for the cases in which application shall be made by the personal representative or proprietor for the registration of restrictions or notices; and

(c) for discharging a personal representative or former proprietor who has complied with the requirements of this Act and rules from all liability in respect of minor interests under a settlement.

(3) Where a tenant for life or statutory owner who, if the land were not registered, would be entitled to have the settled land vested in him, is not the proprietor, the proprietor shall (notwithstanding any stipulation or provision to the contrary) be bound at the cost of the trust estate to execute such transfers as may be required for giving effect on the register to the rights of such tenant for life or statutory owner.

(4) Where the trustees of a settlement have in the prescribed manner released the land from the minor interests under such settlement, the registrar shall be entitled to assume that the settlement has determined, and the restrictions for protecting the minor interests thereunder shall be cancelled.

(5) Where an order is made under the M52 Settled Land Act 1925, authorising the trustees of the settlement to exercise the powers on behalf of a tenant for life who is registered as proprietor, they may in his name and on his behalf do all such acts and things under this Act as may be requisite for giving effect on the register to the powers authorised to be exercised in like manner as if they were registered as proprietors of the land, but a copy of the order shall be filed at the registry before any such powers are exercised.

(6) Where a proprietor ceases in his lifetime to be a tenant for life, he shall transfer the land to his successor in title, or, if such successor is an infant, to the statutory owner, and on the registration of such successor in title or statutory owner it shall be the duty of the trustees of the settlement, if the same be still subsisting, to apply for such alteration, if any, in the restrictions as may be required for the protection of the minor interests under the settlement.

Marginal Citations

M52 1925 c. 18 (98:3).

88 Settlement may be filed in registry. E+W

(1) The settlement, or an abstract or copy thereof, may be filed in the registry for reference in the prescribed manner, but such filing shall not affect a purchaser from the proprietor with notice of its provisions, or entitle him to call for production of the settlement, or for any information or evidence as to its contents.

(2) In this section “settlement” includes any deed stating who are the trustees of the settlement, and the vesting instrument, and any transfer or assent in the prescribed form taking the place, in the case of registered land, of a vesting instrument, as well as the trust instrument and any other instruments creating the settlement.

89 Registrar’s certificate authorising proposed dealing with settled land. E+W

The registrar may, notwithstanding any restriction entered on the register, grant a certificate that an intended registered disposition is authorised by a settlement or otherwise, and will be registered, and a purchaser who obtains such a certificate shall not be concerned to see that the disposition is authorised, but where capital money is paid to the persons to whom the same is required to be paid by a restriction or into court no such certificate shall be required.

90 Charges for money actually raised. E+W

The proprietor of settled land which is registered and all other necessary parties, if any, shall, on the request, and at the expense of any person entitled to an estate, interest, or charge conveyed or created for securing money actually raised at the date of such request, charge the land in the prescribed manner with the payment of the money so raised, but so long as the estate, interest or charge is capable of being overridden under the M53 Settled Land Act 1925, or the M54 Law of Property Act 1925, no charge shall be created or registered under this section.

Marginal Citations

M53 1925 c. 18 (98:3).

M54 1925 c. 20. (98:1).

91 Minorities. E+W

The following provisions shall have effect as respects settled land (being registered land) during a minority:—

(1) The personal representatives under the will or intestacy under which the settlement is created or arises shall, during the minority, be registered as proprietors, and in reference to the settled land shall have all the powers conferred by the M55 Settled Land Act 1925, on a tenant for life and on the trustees of the settlement; but if and when the personal representatives would, if the infant had been of full age, have been bound to transfer the registered land to him, the personal representatives shall (unless themselves the statutory owners) thenceforth during the minority give effect on the register to the directions of the statutory owner, and shall apply for the registration of any restriction which may be prescribed, but shall not be concerned with the propriety of any registered disposition so directed to be made if the same appears to be a proper disposition under the powers of the statutory owner and the capital money, if any, arising under the disposition is paid to the trustees of the settlement or into court; but a purchaser dealing with the personal representatives, who complies with the restrictions, if any, which may be entered on the register, shall not be concerned to see or inquire whether any such directions have been given:

(2) If an infant becomes entitled in possession (or will become entitled in possession on attaining full age) to registered land otherwise than on a death, the statutory owners during the minority shall be entitled to require the settled land to be transferred to them and shall be registered as proprietors accordingly:

(3) If and when the registered land would (if not registered) have become vested in the trustees of the settlement pursuant to the M56 Law of Property Act 1925, such trustees shall (unless they are already registered) be entitled to be registered as proprietors thereof, and shall in the prescribed manner apply for registration accordingly, and no fee shall be charged in respect of such registration or consequential alteration in the register.

Marginal Citations

M55 1925 c. 18 (98: 3)

M56 1925 c. 20 (98:1).

92 Rights of tenants for life and statutory owners to be registered as proprietors. E+W

The foregoing provisions of this Part of this Act relating to settled land apply in every case where pursuant to the M57 Settled Land Act 1925, settled land is to be vested in a tenant for life or statutory owner whether the estate was registered before or after the commencement of this Act, and the proprietor of settled land (not being the tenant for life or statutory owner entitled to the same) shall be bound to make such dispositions as may be required for giving effect to the rights of the tenant for life or statutory owner:

Provided that, where the registered land is not, at the commencement of this Act, registered in the name of a tenant for life or statutory owner, or personal representative who, if the land were not registered, would by virtue of the M58 Settled Land Act 1925, or of the M59 Law of Property Act 1925, be entitled to have the settled land vested in him, any such person shall (without any transfer) be entitled to be registered as proprietor thereof, and shall in the prescribed manner apply for registration accordingly and no fee shall be charged in respect of such registration or consequential alteration in the register.

Marginal Citations

M57 1925 c. 18 (98:3).

M58 1925 c. 18 (98:3).]

M59 1925 c. 20 (98:1).

93 As to persons in a fiduciary position. E+W

A person in a fiduciary position may apply for, or concur in, or assent to, any registration authorised by the provisions of this Act, and, if he is a proprietor, may execute a charge or other disposition in favour of any person whose registration is so authorised.

94 Land held [F77 in trust]. E+W

[F78 (1) Where registered land is subject to a trust of land, the land shall be registered in the names of the trustees.]

(2) Where an order, obtained under section seven of the M60 Settled Land Act 1884, is in force at the commencement of this Act, the person authorised by the order to exercise any of the powers conferred by the M61 Settled Land Act 1925, may, in the names and on behalf of the proprietors, do all such acts and things under this Act as may be requisite for giving effect on the register to the powers authorised to be exercised in like manner as if such person were registered as proprietor of the land, and a copy of the order shall be filed at the registry.

(3) Where, by virtue of any statute, registered land is made subject to a [F79 trust of land, the trustees] (unless already registered) shall be registered as proprietors thereof, and shall in the prescribed manner apply for registration accordingly, and no fee shall be charged in respect of such registration or consequential alteration of the register, but this subsection has effect subject to the provisions of this Act relating to the registration of the Public Trustee and the removal of an undivided share from the register before the title to the entirety of the land is registered.

[F80 (4) There shall also be entered on the register such restrictions as may be prescribed, or may be expedient, for the protection of the rights of the persons beneficially interested in the land.

(5) Where a deed has been executed under section 16(4) of the Trusts of Land and Appointment of Trustees Act 1996 by trustees of land the registrar is entitled to assume that, as from the date of the deed, the land to which the deed relates is not subject to the trust unless he has actual notice that the trustees were mistaken in their belief that the land was conveyed to beneficiaries absolutely entitled to the land under the trust and of full age and capacity.]

Textual Amendments

F77 Words in sidenote to s. 94 substituted (1.1.1997) by 1996 c. 47, s. 25(1), Sch. 3 para.5(8)(d) (with ss. 24(2), 25(4)); S.I. 1996/2974, art. 2

F78 S. 94(1) substituted (1.1.1997) by 1996 c. 47, s. 25(1), Sch. 3 para. 5(8)(a) (with ss. 24(2), 25(4)); S.I. 1996/2974, art. 2

F79 Words in s. 94(3) substituted (1.1.1997) by 1996 c. 47, s. 25(1), Sch. 3 para. 5(8)(b) (with ss. 24(2), 25(4)); S.I. 1996/2974, art. 2

F80 S. 94(4)(5) inserted (1.1.1997) by 1996 c. 47, s. 25(1), Sch. 3 para. 5(8)(c) (with ss. 24(2), 25(4)); S.I. 1996/2974, art. 2

Marginal Citations

M60 1884 c. 18.

M61 1925 c. 18 (98:3).

95 Restriction on number of trustees. E+W

The statutory restrictions affecting the number of persons entitled to hold land [F81 subject to a trust of land] and the number of trustees of a settlement apply to registered land.

Textual Amendments

F81 Words in s. 95 substituted (1.1.1997) by 1996 c. 47, s. 25(1), Sch. 3 para. 5(9) (with ss. 24(2), 25(4)); S.I. 1996/2974, art.2

96 Crown and Duchy land. E+W

(1) With respect to land or any estate, right, or interest in land vested in His Majesty, either in right of the Crown or of the Duchy of Lancaster, or otherwise, or vested in any public officer or body in trust for the public service, the public officer or body having the management thereof, if any, or, if none, then such person as His Majesty may by writing under his sign manual appoint, may represent the owner of such land, estate, right, or interest for all the purposes of this Act, and shall be entitled to such notices, and may make and enter any such application or cautions, and do all such other acts as any owner of land, or of any estate, right, or interest therein, as the case may be, is entitled to receive, make, enter, or do under this Act.

(2) With respect to land or any estate, right, or interest in land belonging to the Duchy of Cornwall, such person as the Duke of Cornwall for the time being, or as the person for the time being entitled to the revenues and possessions of the Duchy of Cornwall, may in writing appoint, may act as and represent the owner of such land, estate, right, or interest for all the purposes of this Act, and shall be entitled to receive such notices, and may make and enter any such application or cautions, and do all such other acts as any owner of land or of any estate, right, or interest in land (as the case may be) is entitled to make, enter, or do under this Act.

97 Foreshore. E+W

(1) If it appears to the registrar that any land, application for registration whereof is made to him, comprises foreshore, he shall not register an estate in the land unless and until he is satisfied that at least one month’s notice in writing of the application has been given . . . F82 —

(a) in case of land in the county palatine of Lancaster, also to the proper officer of the Duchy of Lancaster; and

(b) in case of land in the counties of Cornwall or Devon, . . . F82 to the proper officer of the Duke of Cornwall; and

(c) in the case of land within the jurisdiction of the Port of London Authority, . . . F82 to that authority; and

(d) in all . . . F82 cases, also to [F83 the Crown Estate Commissioners].

(2) This section does not apply to the registration of an estate with a possessory title or with a good leasehold title.

Textual Amendments

F82 Words repealed by Crown Estate Act 1961 (c. 55, SIF 29:7), Sch. 3 Pt.I

F83 Words substituted by virtue of S.R. & O. 1924/1370 (Rev. V, p. 443: 1924, p. 228), Crown Estate Act 1956 (c. 73), s. 1(1)(7) and Crown Estate Act 1961 (c. 55, SIF 29:7), s. 1(1)

98 Land subject to charitable trusts. E+W

Where an application is made to register a legal estate in land subject to charitable trusts and that estate is vested in the [F84 official custodian for charities], he shall, notwithstanding that the powers of disposition are vested in the managing trustees or committee, be registered as proprietor thereof.

Textual Amendments

F84 Words substituted by Charities Act 1960 (c. 58, SIF 19), Sch. 6

99 Land belonging to benefices. E+W

(1) Where the incumbent of a benefice and his successors are the registered proprietors of land—

(i) No disposition thereof shall be registered unless a certificate in the prescribed form has been obtained—

[F85 from the Church Commissioners;]

(ii) No lien shall be created by deposit of the land certificate, and an inhibition shall be placed on the register and on the land certificate accordingly.

The production of a certificate from [F85 the Church Commissioners]shall be a sufficient authority to the registrar to register the disposition in question, and it shall be the duty of [F85 the Church Commissioners]to grant such certificate in all cases in which the facts admit thereof.

(2) On the registration of the incumbent of a benefice and his successors as the proprietors of a legal estate in land, if it is certified by [F86 the Church Commissioners]or otherwise appears, that the land was originally purchased by Queen Anne’s Bounty [F87 or the said Commissioners]or was otherwise appropriated or annexed by or with the consent or the concurrence of Queen Anne’s Bounty [F87 or the said Commissioners]to the benefice for the augmentation thereof, the registrar shall enter a note to that effect on the register.

(3) Where the incumbent of a benefice is entitled to indemnity under the provisions of this Act, the money shall be paid to [F88 the Church Commissioners]and appropriated by them to the benefice.

(4) “Benefice” in this section includes all rectories with cure of souls, vicarages, perpetual curacies, donatives, endowed public chapels and parochial chapelries, and chapelries or districts belonging, or reputed to belong, or annexed, or reputed to be annexed, to any church or chapel.

Textual Amendments

F85 Words substituted by Endowments and Glebe Measure 1976 (No. 4, SIF 21:8), Sch. 5 para. 1(a)

F86 Words substituted by Endowments and Glebe Measure 1976 (No. 4, SIF 21:8), Sch. 5 para. 1(b)

F87 Words inserted by Endowments and Glebe Measure 1976 (No. 4, SIF 21:8), Sch. 5 para. 1(b)

F88 Words substituted by Endowments and Glebe Measure 1976 (No. 4, SIF 21:8), Sch. 5 para. 1(c)

100 Small holdings. E+W

(1) Where a county council apply in pursuance of the M62 Small Holdings and Allotments Act 1908, for registration as proprietors, they may be registered as proprietors with any such title as is authorised by this Act.

(2) Where a county council, after having been so registered, dispose of any interest in the land for the purposes of a small holding to a purchaser or lessee, he shall be registered as proprietor of the interest transferred or created (being an interest capable of registration) with an absolute title, subject only to such incumbrances as may be created under the M63 Small Holdings and Allotments Act, 1908, but freed from all other liabilities not being overriding interests, and in any such case the remedy of any person claiming by title paramount to the county council in respect either of title or incumbrances shall be in damages only, and such damages shall be recoverable against the county council.

(3) Where under the powers conferred by subsection (4) of section twelve of the said Act, a county council by notice require registered land to be sold to themselves, the council shall, after such date as may be specified by the notice mentioned in that subsection and on production to the registrar of evidence—

(a) of service of such notice; and

(b) of the payment of the sum agreed or determined in manner provided by that subsection or of the tender of such payment

be registered as the proprietors of the land in place of the proprietor, and such registration shall operate as a registration on a transfer for valuable consideration under this Act.

(4) Rules under this Act may—

(a) adapt this Act to the registration of small holdings with such modifications as appear to be required; and

(b) on the application and at the expense of a county council provide by the appointment of local agents or otherwise for the carrying into effect of the objects of this section; and

(c) enable the registrar to obtain production of the land certificate.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F89

Textual Amendments

F89 S. 100(5) repealed by Local Government Act 1985 (c.51, SIF 81:1), s. 102, Sch. 17

Marginal Citations

M62 1908 c. 36 (2:5).

M63 1908 c. 36 (2:5).

Part IX F133 E+W Unregistered Dealings with Registered Land

Powers of dealing with Registered Land off the RegisterF133 E+W

101 Dispositions off register creating “minor interests.” E+W

(1) Any person, whether being the proprietor or not, having a sufficient interest or power in or over registered land, may dispose of or deal with the same, and create any interests or rights therein which are permissible in like manner and by the like modes of assurance in all respects as if the land were not registered, but subject as provided by this section.

(2) All interests and rights disposed of or created under subsection (1) of this section (whether by the proprietor or any other person) shall, subject to the provisions of this section, take effect as minor interests, and be capable of being overridden by registered dispositions for valuable consideration.

(3) Minor interests shall, subject to the express exceptions contained in this section, take effect only in equity, but may be protected by entry on the register of such notices, cautions, inhibitions and restrictions as are provided for by this Act or rules.

(4) A minor interest in registered land subsisting or capable of taking effect at the commencement of this Act, shall not fail or become invalid by reason of the same being converted into an equitable interest; but after such commencement a minor interest in registered land shall only be capable of being validly created in any case in which an equivalent equitable interest could have been validly created if the land had not been registered.

(5) Where after the commencement of this Act, the proprietor of the registered estate which is settled, disposes of or deals with his beneficial interest in possession in favour of a purchaser, and accordingly the minor interest disposed of or created would, but for the restrictions imposed by the M64 Law of Property Act 1925, and this section, on the creation of legal estates, have been a legal estate, the purchaser (subject as provided by the next following section in regard to priorities) may exercise all such rights and remedies as he might have exercised had the minor interest been a legal estate, and the reversion (if any) on any leases or tenancies derived out of the registered estate had been vested in him.

(6) A minor interest created under this section does not operate to prevent a registered estate passing to the personal representative of a deceased proprietor, or to the survivor or survivors of two or more joint proprietors, nor does this section affect the right of any person entitled to an overriding interest, or having any power to dispose of or create an overriding interest, to dispose of or create the same.

Marginal Citations

M64 1925 c. 20 (98:1).

102 Priorities as between minor interests. E+W

(1) If a minor interest subsisting or capable of taking effect at the commencement of this Act, would, if the M65 M66 Law of Property Acts 1922 and 1925, and this Act had not been passed have taken effect as a legal estate, then (subject and without prejudice to the estate and powers of the proprietor whose estate is affected) the conversion thereof into an equitable interest shall not affect its priority over other minor interests.

(2)(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F90

Textual Amendments

F90 S. 102(2)(3) repealed by Land Registration Act 1986 (c. 26,SIF 98:2), s. 5(1)(5)

Marginal Citations

M65 1922 c. 16 (98:1).

M66 1925 c. 20 (98:1).

103 Obligation to give effect on the register to certain minor interests. E+W

(1) Where by the operation of any statute or statutory or other power, or by virtue of any vesting order of any court or other competent authority, or an order appointing a person to convey, or of a vesting declaration (express or implied) or of an appointment or other assurance, a minor interest in the registered land is disposed of or created which would, if registered, be capable of taking effect as a legal estate or charge by way of legal mortgage, then—

(i) if the estate owner would, had the land not been registered, have been bound to give effect thereto by conveying or creating a legal estate or charge by way of legal mortgage, the proprietor shall, subject to proper provision being made for payment of costs, be bound to give legal effect to the transaction by a registered disposition:

(ii) if the proprietor is unable or refuses to make the requisite disposition or cannot be found, or if for any other reason a disposition by him cannot be obtained within a reasonable time, or if, had the land not been registered, no conveyance by the estate owner would have been required to give legal effect to the transaction, the registrar shall give effect thereto in the prescribed manner in like manner and with the like consequences as if the transaction had been carried out by a registered disposition:

Provided that—

(a) So long as the proprietor has power under the M67 Settled Land Act 1925, or any other statute conferring special powers on a tenant for life or statutory owner, or under the settlement, to override the minor interest so disposed of or created, no estate or charge shall be registered which would prejudicially affect any such powers:

(b) So long as the proprietor holds the land [F91 subject to a trust of land], no estate or charge shall be registered in respect of an interest which, under the M68 Law of Property Act 1925, or otherwise, ought to remain liable to be overridden on [F91 a sale of the land by the trustees]:

(c) Nothing in this subsection shall impose on a proprietor an obligation to make a disposition unless the person requiring the disposition to be made has a right in equity to call for the same:

(d) Nothing in this subsection shall prejudicially affect the rights of a personal representative in relation to the administration of the estate of the deceased.

(2) On every alteration in the register made pursuant to this section the land certificate and any charge certificate which may be affected shall be produced to the registrar unless an order to the contrary is made by him.

Textual Amendments

F91 Words in s. 103(1) in para. (b) of the proviso substituted (1.1.1997) by 1996 c. 47, s. 25(1), Sch. 3 para. 5(10)(a)(b) (with ss. 24(2), 25(4)); S.I. 1996/2974, art.2

Marginal Citations

M67 1925 c. 18 (98:3).

M68 1925 c. 20 (98:1).

104 Protection of leases granted under statutory powers by persons other than registered proprietor and restriction on power. E+W

All leases at a rent for a term of years absolute authorised by the powers conferred by the M69 Law of Property Act 1925, or the M70 Settled Land Act 1925, or any other statute (whether or not as extended by any instrument) may be granted in the name and on behalf of the proprietor by any other person empowered to grant the same, and shall be valid at law or in equity (as the case may require) and shall be protected by notice on the register and registered in the same cases, in like manner and with the same effect as if the lease had been granted by the proprietor of the land, and without prejudice to any priority acquired by the exercise of the power; but nothing in this section shall authorise any person granting any lease in the name of the proprietor to impose (save in regard to the usual qualified covenant for quiet enjoyment) any personal liability on such proprietor.

Marginal Citations

M69 1925 c. 20 (98:1).

M70 1925 c. 18 (98:3).

105 As to minor interests in mortgage debts. E+W

Rules may be made for applying the provisions of this Part of this Act as to minor interests to the case of minor interests in a debt secured by a registered charge.

[F92 106 Creation and protection of mortgages of registered land. E+W

(1) The proprietor of any registered land may, subject to any entry to the contrary on the register, mortgage, by deed or otherwise, the land or any part of it in any manner which would have been permissible if the land had not been registered and, subject to this section, with the like effect.

(2) Unless and until the mortgage becomes a registered charge,—

(a) it shall take effect only in equity, and

(b) it shall be capable of being overridden as a minor interest unless it is protected as provided by subsection (3) below.

(3) A mortgage which is not a registered charge may be protected on the register by—

(a) a notice under section 49 of this Act,

(b) any such other notice as may be prescribed, or

(c) a caution under section 54 of this Act.

(4) A mortgage which is not a registered charge shall devolve and may be transferred, discharged, surrendered or otherwise dealt with by the same instruments and in the same manner as if the land had not been registered.]

Textual Amendments

F92 S. 106 substituted by Administration of Justice Act 1977 (c. 38, SIF 37), s. 26(1)

Modifications etc. (not altering text)

C36 S. 106 extended by S.R. 20. 1925/1093 (Rev. XII, p. 81: 1925, p. 717) rule 228A (as inserted by S.I. 1977/2089, rule 4)

107 Power for proprietors to bind successors and to enforce contracts. E+W

(1) Subject to any entry to the contrary on the register, the proprietor of any registered land or charge may enter into any contract in reference thereto in like manner as if the land or charge had not been registered, and, subject to any disposition for valuable consideration which may be registered or protected on the register before the contract is completed or protected on the register, the contract may be enforced as a minor interest against any succeeding proprietor in like manner and to the same extent as if the land or charge had not been registered.

(2) A contract entered into for the benefit of any registered land or charge may (if the same would have been enforceable by the owner for the time being of the land or charge, if not registered, or by a person deriving title under the party contracting for the benefit) be enforced by the proprietor for the time being of the land or charge.

108 Acquisition of easements and other benefits. E+W

The proprietor of registered land may accept for the benefit thereof the grant of any easement, right, or privilege or the benefit of any restrictive covenant or provision (affecting other land, whether registered or not) in like manner and to the same extent as if he were legally and beneficially entitled to the fee simple in possession, or to the term created by the registered lease, for his own benefit free from incumbrances.

109 Restriction on exercise of powers off the register. E+W

Subject to the express provisions relating to leases and mortgages, nothing in this Part of this Act shall be construed as authorising any disposition of any estate, interest, or right or other dealing with land to be effected under this Part of this Act if the disposition or dealing is one which could be effected under another Part of this Act, and any such disposition or dealing shall be effected under and in the manner required by such other Part of this Act, and when so required shall be registered or protected as provided by this Act or the rules.

Part X F133 E+W Miscellaneous Provisions

110 Provisions as between vendor and purchaser. E+W

On a sale or other disposition of registered land to a purchaser other than a lessee or chargee—

(1) The vendor shall, notwithstanding any stipulation to the contrary, at his own expense furnish the purchaser . . . F93 , if required, with a copy of the subsisting entries in the register and of any filed plans and copies or abstracts of any documents or any part thereof noted on the register so far as they respectively affect the land to be dealt with (except charges or incumbrances registered or protected on the register which are to be discharged or overridden at or prior to completion):

Provided that—

(a) unless the purchase money exceeds one thousand pounds the costs of the copies and abstracts of the said entries plans and documents shall, in the absence of any stipulation to the contrary, be borne by the purchaser requiring the same;

(b) nothing in this section shall give a purchaser a right to a copy or abstract of a settlement filed at the registry:

(2) The vendor shall, subject to any stipulation to the contrary, at his own expense furnish the purchaser with such copies, abstracts and evidence (if any) in respect of any subsisting rights and interests appurtenant to the registered land as to which the register is not conclusive, and of any matters excepted from the effect of registration as the purchaser would have been entitled to if the land had not been registered:

(3) Except as aforesaid, and notwithstanding any stipulation to the contrary, it shall not be necessary for the vendor to furnish the purchaser with any abstract or other written evidence of title, or any copy or abstract of the land certificate, or of any charge certificate:

(4) Where the register refers to a filed abstract or copy of or extract from a deed or other document such abstract or extract shall as between vendor and purchaser be assumed to be correct, and to contain all material portions of the original, and no person dealing with any registered land or charge shall have a right to require production of the original, or be affected in any way by any provisions of the said document other than those appearing in such abstract, copy or extract, and any person suffering loss by reason of any error or omission in such abstract, copy or extract shall be entitled to be indemnified under this Act:

(5) Where the vendor is not himself registered as proprietor of the land or the charge giving a power of sale over the land, he shall, at the request of the purchaser and at his own expense, and notwithstanding any stipulation to the contrary, either procure the registration of himself as proprietor of the land or of the charge, as the case may be, or procure a disposition from the proprietor to the purchaser:

(6) Unless the certificate is deposited at the registry the vendor shall deliver the land certificate, or the charge certificate, as the case may be, to the purchaser on completion of the purchase, or, if only a part of the land comprised in the certificate is dealt with, or only a derivative estate is created, he shall, at his own expense, produce, or procure the production of, the certificate in accordance with this Act for the completion of the purchaser’s registration. Where the certificate has been lost or destroyed, the vendor shall, notwithstanding any stipulation to the contrary, pay the costs of the proceedings required to enable the registrar to proceed without it:

(7) The purchaser shall not, by reason of the registration, be affected with notice of any pending action, writ, order, deed of arrangement or land charge (other than a local land charge) to which this subsection applies, which can be protected under this Act by lodging or registering a creditors’ notice, restriction, inhibition, caution or other notice, or be concerned to make any search therefor if and so far as they affect registered land.

This subsection applies only to pending actions, writs, orders, deeds of arrangement and land charges (not including local land charges) required to be registered or re-registered after the commencement of this Act, either under the M71 Land Charges Act 1925, or any other statute registration whereunder has effect as if made under that Act.

Textual Amendments

F93 Words repealed by Land Registration Act 1988 (c. 3, SIF 98:2), s. 2, Sch.

Modifications etc. (not altering text)

C37 Land Charges Act 1925 (c. 22) repealed by Land Charges Act 1972 (c. 61, SIF 98:2), Sch. 5 and Local Land Charges Act 1975 (c. 76, SIF 98:2), Sch. 2: reference to the 1925 Act to be construed in accordance with Interpretation Act 1978 (c.30, SIF 115:1), s. 17(2)(a)

Marginal Citations

M71 1925 c. 22.

111 †Infants, defectives and lunatics. E+W

(1) A purported disposition of any registered land or charge to an infant made after the commencement of this Act, or by the will of a proprietor dying after such commencement, shall not entitle the infant to be registered as proprietor of the registered land or charge until he attains full age, but in the meantime shall operate only as a declaration binding on the proprietor or personal representative that the registered land or charge is to be held on trust to give effect to minor interests in favour of the infant corresponding, as nearly as may be, with the interests which the disposition purports to transfer or create; and the disposition or a copy thereof or extract therefrom shall be deposited at the registry, and shall, unless and until the tenants for life, statutory owners, personal representatives or [F94 trustees of land] are registered as proprietors, be protected by means of a restriction or otherwise on the register:

Provided that—

(a) If the disposition is made to the infant jointly with another person of full age, that person shall, during the minority, be entitled to be registered as proprietor, and the infant shall not be registered until he attains full age:

(b) Where the registered land or charge is subject to any trusts or rights of redemption in favour of any person other than the infant, nothing in this section shall affect such trusts or rights of redemption;

(c) Where by reason of the minority or otherwise the land is settled land, the provisions of this Act relating to settled land shall apply thereto.

(2) Where an infant becomes entitled under a will or on an intestacy to any registered land or charge, the same shall not be transferred by the personal representative to the infant until he attains full age.

(3) Where an infant becomes entitled to the benefit or a registered charge, the charge shall during the minority be registered in the names of the personal representatives, trustees, or other persons who if the charge had affected unregistered land would have been able to dispose of the same, and they shall for the purposes of this Act have the same powers in reference thereto as the infant would have had if of full age.

(4) A caution may be lodged in the name or on behalf of an infant by his parent, trustee or guardian.

(5) Where a proprietor of any registered land or charge is [F95 incapable, by reason of mental disorder within the meaning of [F96 the M72 Mental Health Act 1983], of managing and administering his property and affairs, his receiver or (if no receiver is acting for him) any person authorised in that behalf shall, under an order of the authority having jurisdiction under [F96 Part VII of the Mental Health Act 1983, or]of the court, or under any statutory power, have and may exercise in the name and behalf of [F95 the proprietor]all the powers which under this Act [F95 the proprietor]could have exercised if free from disability, and a copy of every such order shall be filed with the registrar and may be referred to on the register.]

(6) All the provisions of the M73 Trustee Act 1925, and of [F97 Part VII of the M74 Mental Health Act 1983]and of any Act amending the same, shall apply to estates and charges registered under this Act, subject to the express provisions of this Act and to the rules made thereunder.

Textual Amendments

F94 Words in s. 111(1) substituted (1.1.1997) by 1996 c. 47, s. 25(1), Sch. 3 para. 5(11) (with ss. 24(2), 25(4)); S.I. 1996/2974, art. 2

F95 Words substituted by Mental Health Act 1959 (c. 72, SIF 85), Sch. 7 Pt. I

F96 Words substituted by Mental Health Act 1983 (c. 20, SIF 85), Sch. 4 para. 6(a)

F97 Words substituted by Mental Health Act 1983 (c. 20, SIF 85), Sch. 4 para. 6(b)

Modifications etc. (not altering text)

C38 Unreliable marginal note

Marginal Citations

M72 1983 c. 20 (85).

M73 1925 c. 19 (98:4).

M74 1983 c. 20 (85).

Yn ddilys o 01/05/2002

[F98 111A Caution relating to right to manage E+W

A caution may be lodged under section 53 of this Act in respect of the right to manage being exercisable by a RTM company under Chapter 1 of Part 2 of the Commonhold and Leasehold Reform Act 2002.]

Textual Amendments

F98 S. 111A inserted (1.5.2002) by Commonhold and Leasehold Reform Act 2002 (c. 15), ss. {104(3)}, 181(1)

[F99 112 Inspection of register and other documents at Land Registry. E+W

(1) Any person may, subject to such conditions as may be prescribed and on payment of any fee payable, inspect and make copies of and extracts from—

(a) entries on the register, and

(b) documents referred to in the register which are in the custody of the registrar (other than leases or charges or copies of leases or charges).

(2) Documents in the custody of the registrar relating to any land or charge but not falling within subsection (1)(b) of this section may be inspected, and copies of and extracts from them may be made—

(a) as of right, in such cases as may be prescribed, and

(b) at the discretion of the registrar, in any other case,

but subject in all cases to such conditions as may be prescribed and on payment of any fee payable.

(3) References in this section to documents include references to things kept otherwise than in documentary form.]

Textual Amendments

F99 New s. 112 substituted for ss. 112–112C (inserted by Landlord and Tenant Act 1987 (c.31, SIF 75:1), s. 51(2) ) by virtue of Land Registration Act 1988 (c. 3, SIF 98:2), s. 1(1)

113 Office copies to be evidence. E+W

Office copies of and extracts from the register and of and from documents . . . F100 filed in the registry shall be admissible in evidence in all actions and matters, and between all persons or parties, to the same extent as the originals would be admissible, but any person suffering loss by reason of the inaccuracy of any such copy or extract shall be entitled to be indemnified under this Act, and no solicitor, trustee, personal representative, or other person in a fiduciary position shall be answerable in respect of any loss occasioned by relying on any such copy or extract.

Textual Amendments

F100 Words repealed by Land Registration Act 1988 (c. 3, SIF 98:2) s. 2, Sch.

Modifications etc. (not altering text)

C39 S. 113 extended by Adminstration of Justice Act 1985 (c. 61,SIF 76:1), s. 34(2)(b) and extended (1.1.1992) by Administration of Justice Act 1985 (c. 61, SIF 76:1), s. 9, Sch. 2 para. 37(b); S.I. 1991/2683, art.2 and extended (prosp.) by Building Societies Act 1986 (c. 53, SIF 16), ss. 124, 126(4), Sch. 21 paras. 9(b), 12(2)(3)

[F101 113A Inspection etc.—supplementary. E+W

(1) Any duty under this Act to make a thing available for inspection is a duty to make it available for inspection in visible and legible form.

(2) Any reference in this Act to copies of and extracts from the register and of and from documents . . . F102 filed in the registry includes a reference to reproductions of things which are kept by the registrar under this Act otherwise than in documentary form.]

Textual Amendments

F101 S. 113A inserted by Administration of Justice Act 1982 (c. 53, SIF 37), s. 66(2)

F102 Words repealed by Land Registration Act 1988 (c. 3, SIF 98:2) s. 2, Sch.

114 Fraudulent dispositions how far to be void. E+W

Subject to the provisions in this Act contained with respect to indemnity and to registered dispositions for valuable consideration, any disposition of land or of a charge, which if unregistered would be fraudulent and void, shall, notwithstanding registration, be fraudulent and void in like manner.

115 Penalty for suppression of deeds and evidence. E+W

If in the course of any proceedings before the registrar or the court in pursuance of this Act any person concerned in such proceedings as principal or agent, with intent to conceal the title or claim of any person, or to substantiate a false claim, suppresses, attempts to suppress, or is privy to the suppression of, any document or fact, the person so suppressing, attempting to suppress, or privy to suppression, shall be guilty of a misdemeanor.

116 Penalty for certain fraudulent acts. E+W

(1) If any person fraudulently procures, attempts fraudulently to procure, or is privy to the fraudulent procurement of, any entry on, erasure from or alteration of the register, or any land or charge certificate, he shall be guilty of a misdemeanor.

(2) Any entry, erasure, or alteration so made by fraud, shall be void as between all persons who are parties or privy to the fraud.

117 Punishment of misdemeanors. E+W

A person guilty of a misdemeanor under this Act shall—

(a) on conviction on indictment, be liable to imprisonment for a term not exceeding two years, or to a fine not exceeding five hundred pounds;

(b) on summary conviction, be liable to imprisonment for a term not exceeding three months or to a fine not exceeding one hundred pounds or to both such imprisonment and fine.

118 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F103 E+W

Textual Amendments

F103 S. 118 repealed by Solicitors Act 1932 (c. 36), Sch. 4

119 Civil remedies and discovery. E+W

(1) No proceeding or conviction for any act declared by this Act to be a misdemeanor affects any remedy to which any person aggrieved by such act may be entitled, either at law or in equity.

(2) Nothing in this Act entitles any person to refuse to make a complete discovery by answer in any legal proceeding, or to answer any question or interrogatory in any civil proceeding, in any court of law; but no answer to any such question or interrogatory shall be admissible in evidence against such person [F104 or the husband or wife of such person]in any criminal proceeding under this Act.

Textual Amendments

F104 Words inserted by Civil Evidence Act 1968 (c. 64, SIF 47), Sch.

Part XI F133 E+W Compulsory Registration

F105 120 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F105 S. 120 repealed (1.4.1998) by 1997 c. 2, s. 4(1), Sch. 2 Pt. I; S.I. 1997/3036, art. 2 (with art. 3)

121, 122. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F106 E+W

Textual Amendments

F106 Ss. 121, 122 repealed by Land Registration Act 1966 (c. 39, SIF 98:2), Sch.

[F107 123 Compulsory registration: dispositions to which requirement to register applies. E+W

(1) The requirement of compulsory registration applies in relation to the following dispositions of unregistered land—

(a) any qualifying conveyance of the freehold estate;

(b) any qualifying grant of a term of years absolute of more than 21 years from the date of the grant;

(c) any qualifying assignment of a term of years absolute which on the date of the assignment has more than 21 years to run; and

(d) any disposition effected by an assent (including a vesting assent) or by a vesting deed which is a disposition of—

(i) the freehold estate, or

(ii) a term of years absolute which on the date of the disposition has more than 21 years to run.

(2) The requirement of compulsory registration also applies in relation to any disposition by the estate owner of unregistered land which is a legal mortgage of—

(a) the freehold estate, or

(b) a term of years absolute which on the date of the mortgage has more than 21 years to run,

where, on its creation, the mortgage takes effect as a mortgage to be protected by the deposit of documents relating to that estate or term of years, and ranks in priority ahead of all other mortgages (if any) then affecting that estate or term of years.

(3) Without prejudice to the power to make an order under subsection (4) below, nothing in this section or section 123A of this Act has the effect of requiring the registration of title to—

(a) an incorporeal hereditament;

(b) mines and minerals apart from the surface; or

(c) corporeal hereditaments which are part of a manor and included in the sale of a manor as such.

(4) The Lord Chancellor may by order—

(a) amend this section so as to add to the dispositions in relation to which the requirement of compulsory registration applies any such disposition of, or otherwise affecting, a legal estate in unregistered land as is specified in the order; and

(b) make such consequential amendments of any provision of, or having effect under, any Act as he thinks appropriate.

(5) Any order under subsection (4) above shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

(6) For the purposes of this section—

(a) a conveyance, grant or assignment is a “qualifying” conveyance, grant or assignment if it is made—

(i) for valuable or other consideration,

(ii) by way of gift, or

(iii) in pursuance of an order of any court;

(b) a conveyance, grant or assignment of property with a negative value is to be regarded (without prejudice to the generality of paragraph (a)(i) above) as made for valuable or other consideration; and

(c) “assignment” does not include an assignment or surrender of a lease to the owner of the immediate reversion where the term is to merge in that reversion.]

Textual Amendments

F107 Ss. 123, 123A substituted (1.4.1998) by 1997 c. 2, s.1 (with s. 5(4)); S.I. 1997/3036, art. 2,

Modifications etc. (not altering text)

C40 S. 123 extended by London Government Act 1963 (c. 33, SIF 81:1), s. 80(6), Commons Registration Act 1965 (c. 64, SIF 25), s. 12 and Housing Act 1985 (c. 68, SIF 61), ss. 154(1), 547, Sch. 20 Pt. III para. 17(1) and Sch. 9A para. 2(1) (as inserted by Housing and Planning Act 1986 (c. 63, SIF 61), s. 8(2), Sch. 2) and S.I. 1986/2092 art. 10, Sch. 2 para. 2(1)S. 123 extended by Housing Act 1988 (c. 50, SIF 61), ss. 81(9)(a), 133(8)(a)S. 123 applied by Local Government and Housing Act 1989 (c. 42, SIF 61), 173(8)(a)S. 123 modified (1.4.1997) by 1985 c. 68, Pt. V (as modified by S.I. 1997/619, reg. 2(1), Sch. 1 para. 18)

C41 S. 123(1) proviso extended (27.7.1993) by 1993 c. 37, ss. 12, 36, Sch. 2 Pt. II para. 53(3), Sch. 4 para. 14(3)

[F108 123A Compulsory registration: effect of requirement to register. E+W

(1) This section applies to any disposition which, by virtue of any provision of section 123 of this Act, is one in relation to which the requirement of compulsory registration applies.

(2) Where any such disposition is effected, then—

(a) if it is a disposition falling within section 123(1), the person who under the disposition is entitled to the legal estate transferred or created by it, or

(b) if it is a disposition falling within section 123(2), the estate owner of the legal estate charged by the mortgage, or

(c) (in either case) that person’s successor in title or assign,

must before the end of the applicable period apply to the registrar to be registered (or alternatively, where he is not a person in a fiduciary position, to have any nominee registered) as the first proprietor of that estate.

(3) In this section “the applicable period” means in the first instance the period of two months beginning with the date of the disposition, but—

(a) the registrar may, if satisfied on the application of any interested person that there is good reason for doing so, make an order extending or further extending that period; and

(b) if he does so, “the applicable period” means that period as for the time being extended under this subsection.

(4) Pending compliance with subsection (2) above the disposition shall operate to transfer or grant a legal estate, or (as the case may be) create a legal mortgage, in accordance with its terms.

(5) If subsection (2) above is not complied with, the disposition shall at the end of the applicable period become void as regards any such transfer, grant or creation of a legal estate; and—

(a) if it is a disposition purporting to transfer a legal estate, the title to that estate shall thereupon revert to the transferor who shall hold that estate on a bare trust for the transferee;

(b) if it is a disposition purporting to grant a legal estate or create a legal mortgage, the disposition shall thereupon take effect as if it were a contract to grant or create that estate or mortgage made for valuable consideration (whether or not it was so made or satisfies any of the formal requirements of such a contract).

(6) If an order extending the applicable period under subsection (3) above is made at a time when the disposition has become void in accordance with subsection (5) above, then as from the making of the order—

(a) subsection (5) shall cease to apply to the disposition, and

(b) subsection (4) above shall apply to it instead,

and similarly in the case of any further order so made.

(7) If any disposition is subsequently effected by way of replacement for a disposition which has become void in accordance with subsection (5) above, the requirement of compulsory registration shall apply in relation to it under section 123 in the same way as it applied in relation to the void disposition, and the provisions of this section shall have effect accordingly.

(8) Except to the extent to which the parties to any such replacement disposition agree otherwise, the transferee or grantee (as the case may be) shall—

(a) bear all the proper costs of and incidental to that disposition, and

(b) indemnify the transferor or grantor (as the case may be) in respect of any other liability reasonably incurred by him in consequence of the failure to comply with subsection (2) above.

(9) Where any such replacement disposition is a mortgage falling within section 123(2) of this Act, subsection (8) above shall apply as if the reference to the grantee were a reference to the mortgagor and the reference to the grantor were a reference to the mortgagee.

(10) Rules under this Act may make provision—

(a) applying the provisions of this Act to any dealings which take place between—

(i) the date of any disposition to which this section applies, and

(ii) the date of the application for first registration,

as if the dealings had taken place after the date of the registration, and for the registration to be effective as of the date of the application;

(b) enabling the mortgagee under any mortgage falling within section 123(2) of this Act to require the legal estate charged by the mortgage to be registered whether or not the mortgagor consents.]

Textual Amendments

F108 Ss. 123, 123A substituted (1.4.1998) by 1997 c. 2, s.1 (with s. 5(4)); S.I. 1997/3036, art. 2

Modifications etc. (not altering text)

C42 S. 123A extended (1.4.1998) by 1997 c. 2, s. 4(1), Sch. 1 para. 4(2); S.I. 1997/3036, art.2S. 123A extended (1.4.1998) by 1985 c. 68, Sch. 9A para. 2(1) (as substituted by 1997 c. 2, s. 4(1), Sch. 1 para. 5(2)); S.I. 1997/3036, art. 2

124 Compulsory provisions bind the Crown. E+W

This Part of this Act, as respects transactions completed after the commencement of this Act, binds the Crown.

Modifications etc. (not altering text)

C43 S. 124 extended by London Government Act 1963 (c. 33, SIF 81:1), s. 80(6)

[F109 125 Special provisions as to orders affecting Ridings of Yorkshire. E+W

Where an order is made under this Part of this Act which applies to any of the Ridings of Yorkshire the order may provide for the transfer to the Land Registry of the business of the local deed registry established for the Riding, or for the local deed registry being constituted a district registry under this Act and for such district registry being administered by the county council, or, with the consent of the county council, may contain such other provision as appear expedient with respect to the local deed registry ; and the order may contain such supplemental, incidental, and consequential provisions (including provisions for the modifications of the enactments relating to the constitution and administration of the local deed registry, and for the payment of compensation to the county council of the Riding in respect of future loss of fees or otherwise, and to the officers of the registry) as appear necessary or expedient for the purposes of the order.]

Textual Amendments

F109 S. 125 repealed as regards Yorkshire deeds registries, their registers and areas by Law of Property Act 1969 (c. 59, SIF 98:1), s. 16(2), Sch. 2 Pt. I

Modifications etc. (not altering text)

C44 The text of ss. 125, 136 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991

Part XII F133 E+W Administrative and Judicial Provisions

His Majesty’s Land RegistryF133 U.K.

126 His Majesty’s Land Registry. E+W

(1) There shall continue to be an office in London to be called His Majesty’s Land Registry, the business of which shall be conducted by a registrar to be appointed by the Lord Chancellor and known as the Chief Land Registrar, with such officers (namely, registrars, assistant registrars, clerks, messengers, and servants), as the Lord Chancellor, with the concurrence of the Treasury as to number, may appoint.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F110

(3) The Chief Land Registrar, registrars, assistant registrars, clerks, messengers, and servants shall receive such salaries or remuneration as the Treasury may from time to time direct.

(4) The salaries of the Chief Land Registrar, registrars, assistant registrars, clerks, messengers, and servants, and such incidental expenses of carrying this Act into effect as may be sanctioned by the Treasury, shall continue to be paid out of money provided by Parliament.

(5) The Lord Chancellor may make regulations for the land registry, and for assigning the duties to the respective officers, and determining the acts of the registrar which may be done by a registrar or assistant registrar, and for altering or adding to the official styles of the Chief Land Registrar and other officers of the land registry. Subject to such regulations, anything authorised or required by this Act to be done to or by the registrar shall be done to or by the Chief Land Registrar. F111 . . .

(6) The Lord Chancellor may also make regulations as to the conduct of business at the land registry during any vacancy in the office of Chief Land Registrar, and for distributing the duties amongst the respective officers, and for assigning to a registrar or assistant registrar all or any of the functions and authorities by this Act or any other Act assigned to or conferred on the registrar, and all acts done by a registrar or assistant registrar under any such regulations shall have the same effect in all respects as if they had been done by the Chief Land Registrar.

[F112 (6A) The fact that the Chief Land Registrar and other officers of the Land Registry are not required to be legally qualified is not to be taken as preventing the making of regulations under this section which provide for certain acts to be done by an officer who is legally qualified.]

(7) There shall continue to be a seal of the land registry and any document purporting to be sealed with that seal shall be admissible in evidence.

Textual Amendments

F110 S. 126(2) repealed by Administration of Justice Act 1956 (c. 46), Sch. 2

F111 Words repealed by Statute Law (Repeals) Act 1986 (c. 12), Sch. 1 Pt. XII

F112 S. 126(6A) inserted (1.11.1990) by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 125(2), Sch. 17 para. 2

Modifications etc. (not altering text)

C45 S. 126(1) modified by Administration of Justice Act 1956 (c.46, SIF 37), s. 53; amended by Land Registration and Land Charges Act 1971 (c. 54, SIF 98: 2), s. 12

127 Conduct of business by registrar. E+W

Subject to the provisions of this Act, the Chief Land Registrar shall conduct the whole business of registration under this Act, and shall frame and cause to be printed and circulated or otherwise promulgated such forms and directions as he may deem requisite or expedient for facilitating proceedings under this Act.

128 Power for registrar to summon witnesses. E+W

(1) The Chief Land Registrar, or any officer of the land registry authorised by him in writing, may administer an oath or take a statutory declaration in pursuance of this Act in that behalf for any of the purposes of this Act, and the Chief Land Registrar may, by summons under the seal of the land registry, require the attendance of all such persons as he may think fit in relation to the registration of any title; he may also, by a like summons, require any person having the custody of any map, survey, or book made or kept in pursuance of any Act of Parliament to produce such map, survey, or book for his inspection; he may examine upon oath any person appearing before him and administer an oath accordingly; and he may allow to every person summoned by him the reasonable charges of his attendance:

Provided that no person shall be required to attend in obedience to any summons or to produce such documents as aforesaid unless the reasonable charges of his attendance and of the production of such documents be paid or tendered to him.

(2) Any charges allowed by the registrar in pursuance of this section shall be deemed to be charges incurred in or about proceedings for registration and may be dealt with accordingly.

(3) If any person, after the delivery to him of such summons as aforesaid, or of a copy thereof, and payment or tender of his reasonable charges for attendance, wilfully neglects or refuses to attend in pursuance of such summons, or to produce such maps, surveys, books, or other documents as he may be required to produce under the provisions of this Act, or to answer upon oath or otherwise such questions as may be lawfully put to him by the registrar under the powers of this Act, he shall be liable on summary conviction to a fine not exceeding [F113 level 2 on the standard scale].

Textual Amendments

F113 Words substituted by virtue of Criminal Law Act 1977 (c. 45, SIF 39:1), s. 31(5)—(9) and Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46

129 Interchange of information between Land Registry and other Departments. E+W

The Commissioners of Inland Revenue and other Government Departments, and local authorities, may furnish to the registrar on his request such particulars and information in regard to land and charges, and the registrar may in like manner furnish to the Commissioners of Inland Revenue, other Government Departments, and local authorities on their request such particulars and information as they are respectively by law entitled to require owners of property to furnish to them direct.

130 Statutory acknowledgments on return of documents. E+W

When any document is delivered or returned by the registrar to any person he may, at the cost of the registry, require such person to give a statutory acknowledgment of the right of the registrar and his successors in office to production of such document and to delivery of copies thereof, and may endorse notice of such right on the document, and the acknowledgment shall not be liable to stamp duty.

131 Indemnity to officers of registry. E+W

The Chief Land Registrar shall not, nor shall a registrar or assistant registrar nor any person acting under the authority of the Chief Land Registrar or a registrar or assistant registrar, or under any order or general rule made in pursuance of this Act, be liable to any action or proceeding for or in respect of any act or matter done or omitted to be done in good faith in the exercise or supposed exercise of the powers of this Act, or any order or general rule made in pursuance of this Act.

Modifications etc. (not altering text)

C46 S. 131 excluded by s. 2(2) and extended by s. 4(4) of Land Registration and Land Charges Act 1971 (c. 54, SIF 98:2)

District RegistriesF133 E+W

132 Power to form district registries by general orders. E+W

(1) The Lord Chancellor, with the concurrence of the Treasury, shall have power by general orders from time to time to do all or any of the following things:—

(a) To create district registries for the purposes of registration of titles to land within the defined districts respectively, and to alter any districts which may have been so created:

(b) To fix, by notice to be published in the Gazette, the time for the commencement of registration at a district registry so created of titles to land within a district so defined:

(c) To direct registration of land to be commenced in any one or more district or districts pursuant to any such notice:

(d) To appoint district registrars, assistant district registrars, clerks, messengers, and servants to perform the business of registration in any district which may from time to time be created a district for registration under this Act:

(e) To provide for the mode in which district registrars are to be remunerated:

(f) To modify the provisions of this Act with respect to the formation and constitution of district registries, except the provision relating to the qualifications of district registrars, and assistant district registrars.

(2) A person shall not be qualified to be appointed district registrar under this Act unless he [F114 has a 10 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990], and a person shall not be qualified to be appointed an assistant district registrar under this Act unless he [F115 has a 5 year general qualification, within the meaning of that section.]

(3) A district registrar or assistant district registrar may, with the assent of the Lord Chancellor, follow another calling.

(4) A seal shall be prepared for each district registry and any instrument purporting to be sealed with such seal shall be admissible in evidence.

Textual Amendments

F114 Words substituted by Courts and Legal Services Act 1990 (c.41, SIF 37), s. 71(2), Sch. 10 para. 3(a)

F115 Words substituted by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 71(2), Sch. 10, para. 3(b)

133 Powers of district registrar, and appeals from him. E+W

Subject to general rules each district registrar, and assistant district registrar shall, as regards the land within his jurisdiction, have the same powers and indemnity as are herein given to the registrars and assistant registrars in the land registry, and there shall be the same right to appeal as in the case of the registrar; an order of a district registrar may be enforced and any breach thereof punished in like manner as if the order had been made by the Chief Land Registrar:

Provided that the Lord Chancellor may, by general rules, make provision—

(a) for the duties of a district registrar as regards all or any of the proceedings preliminary to first registration, or as regards any matters which the district registrar has to determine, or any other matters being performed by the Chief Land Registrar or a registrar or assistant registrar in the land registry; and

(b) for any district registrar obtaining directions from or acting with the sanction of the Chief Land Registrar or a registrar or assistant registrar.

Modifications etc. (not altering text)

C47 S. 133 modified by S.I. 1987/360, art. 2(3)

134 Application of general orders, &c. to districts. E+W

The general orders, rules, forms, directions, and fees for the time being applying to and payable in the land registry shall also apply to and be payable in all the district registries, subject to any alteration or addition for the time being made for any district by the Lord Chancellor with the advice and assistance of the Rule Committee, and, so far as they relate to fees, with the concurrence of the Treasury.

Local Registries of DeedsF133 E+W

[F116 135 Exemption of land registered under Act from registry of deeds. E+W

(1) Any land situated within the jurisdiction of any of the following local deed registries (that is to say):—

(a) The registry for the county of Middlesex; or

(b) The registry for the West Riding of Yorkshire; or

(c) The registry for the North Riding of Yorkshire; or

(d) The registry for the East Riding of Yorkshire and the town and county of the town of Kingston-upon-Hull;

an estate wherein is registered under this Act, shall from and after the date of the registration thereof, be exempt, as respects the estate so registered, from such jurisdiction; and no document relating to any such registered estate executed, and no testamentary instrument relating to any such registered estate coming into operation, subsequently to such date as last aforesaid, shall be required to be registered in any of the said local deed registries.

(2) This section does not apply to estates and interests excepted from the effect of registration under a possessory or qualified title, or to an unregistered reversion on a registered leasehold title, or to dealings with incumbrances created prior to the registration of the title to the land.]

Textual Amendments

F116 S. 135 repealed as regards Yorkshire deeds registries, their registers and areas by Law of Property Act 1969 (c. 59, SIF 98:1), s. 16(2), Sch. 2 Pt. I

[F117 136 Power to transfer Yorkshire registries to land registry. E+W

(I) Subject to the provisions of this Act relating to compulsory registration, the Lord Chancellor may enter into an agreement with the county council of any of the three ridings of Yorkshire for the transfer of the business of the local deed registry established in that riding to the land registry.

(2) The agreement shall be drawn up in accordance with the principles of sections one, three, and four of the M75 Land Registry (Middlesex Deeds) Act, 1891, which provided for the transfer of the Middlesex registry of deeds to the land registry, and shall, after approval by the Treasury, take effect accordingly.

(3) The whole of the property, assets, and liabilities of the county council, in relation to the local deed registry, shall be included in the transfer, and shall be taken over by the State at a price to be specified in or ascertained under the terms of the agreement.

(4) Unless and until an agreement as aforesaid is concluded the county council may from time to time, at intervals of five years, in the event of their suffering loss owing to the business of the local deed registry being diminished by reason of this Act, apply to the Treasury for compensation, and the Treasury shall award such compensation accordingly.

(5) The compensation shall be made by the payment of a capital sum to the county fund to be determined in case of dispute by arbitration on the basis of the receipts and expenditure in respect of the local deed registry during the three years previous to the claim being made, and that the county fund shall not be placed in a worse financial position by the operation of this Act.

(6) All payments under this section shall be made out of money provided by Parliament.]

Textual Amendments

F117 S. 136 repealed as regards Yorkshire deeds registries, their registers and areas by Law of Property Act 1969 (c. 59, SIF 98:1), s. 16(2), Sch. 2 Pt. I

Modifications etc. (not altering text)

C48 The text of ss. 125, 136 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991

Marginal Citations

M75 54 & 55 Vict. c. 64.

Provisions as to the Land Registry Act, 1862F133 E+W

137 Provisions as to the Land Registry Act, 1862. E+W

(1) No application for the registration of an estate under the M76 Land Registry Act of 1862 shall be entertained.

(2) The Lord Chancellor may, by order, provide for the registration under this Act, without cost to the parties interested, of all titles registered under the Land Registry Act 1862, and care shall be taken in such order to protect any rights acquired in pursuance of registration under such last-mentioned Act, F118 . . .; and until such estate is registered under this Act, the Act of 1862 shall apply thereto in the same manner as if this Act had not been passed.

(3) The officers of the land registry shall for all the purposes of the M77 Land Registry Act 1862, so far as it remains in operation, and for all the purposes of the M78 Improvement of Land Act, 1864, . . . F119 be deemed to be officers acting under the Land Registry Act, 1862, and having to discharge the duties belonging to officers acting under those Acts as occasion may require.

Textual Amendments

F118 Words repealed by Statute Law (Repeals) Act 1986 (c. 12), Sch. 1 Pt. XII

F119 Words repealed by Administration of Justice Act 1965 (c. 2, SIF 37), Sch. 2

Marginal Citations

M76 1862 c. 53 (98:2).

M77 1862 c. 53 (98:2).

M78 1864 c. 114 (98:3).

Description and Powers of the CourtF133 E+W

[F120 138 Jurisdiction of High Court and county courts. E+W

(1) Any jurisdiction conferred on the High Court by this Act or by the M79 Land Registration and Land Charges Act 1971 may also be exercised, to such extent as may be prescribed, by county courts.

(2) Subject to the enactments relating to the Supreme Court of Judicature for the time being in force, all matters within the jurisdiction of the High Court under this Act or the said Act of 1971 shall be assigned to the Chancery Division of that court.

(3) Where the county court has jurisdiction under this Act or that Act it shall have all the powers of the High Court for the purposes of that jurisdiction.

(4) The Lord Chancellor may assign any duties of the High Court under this Act or that Act to any particular judge or judges of the High Court.]

Textual Amendments

F120 S. 138 substituted by Administration of Justice Act 1982 (c. 53, SIF 37), Sch. 5 para. (c)

Marginal Citations

M79 1971 c. 54 (98:2).

139 Powers of court in action for specific performance. E+W

(1) Where an action is instituted for the specific performance of a contract relating to registered land, or a registered charge, the court having cognizance of the action may, by summons, or by such other mode as it deems expedient, cause all or any parties who have registered interests or rights in the registered land or charge, or have entered up notices, cautions, restrictions, or inhibitions against the same to appear in such action, and show cause why such contract should not be specifically performed, and the court may direct that any order made by the court in the action shall be binding on such parties or any of them.

(2) All costs incurred by any parties so appearing in an action to enforce against a vendor specific performance of his contract to sell any registered land or charge shall be taxed as between solicitor and client, and, unless the court otherwise orders, be paid by the vendor.

140 Power of registrar to state case for the court. E+W

(1) Whenever, upon the examination of the title to any interest in land, the registrar entertains a doubt as to any matter of law or fact arising upon such title, he may (whether or not the matter has been referred to a conveyancing counsel in the prescribed manner), upon the application of any party interested in such land—

(a) refer a case for the opinion of the High Court and the court may direct an issue to be tried before a jury for the purpose of determining any fact;

(b) name the parties to such case;

(c) give directions as to the manner in which proceedings in relation thereto are to be brought before the court.

(2) The opinion of any court to whom any case is referred by the registrar shall be conclusive on all the parties to the case, unless the court permits an appeal.

141 Intervention of court in case of persons under disability. E+W

Where a person under disability, or person outside the jurisdiction of the High Court, or person yet unborn, is interested in the land in respect of the title to which any question arises as aforesaid, any other person interested in such land may apply to the court for a direction that the opinion of the court shall be conclusively binding on the person under disability, person outside the jurisdiction, or unborn person.

142 Power for court to bind interests of persons under disability. E+W

(1) The court shall hear the allegations of all parties appearing.

(2) The court may disapprove altogether or may approve, either with or without modification, of the directions of the registrar respecting any case referred to the court.

(3) The court may, if necessary, appoint a guardian, next friend or other person to appear on behalf of any person under disability, person outside the jurisdiction, or unborn person.

(4) If the court is satisfied that the interest of any person under disability, outside the jurisdiction, or unborn, will be sufficiently represented in any case, it shall make an order declaring that all persons, with the exceptions, if any, named in the order, are to be conclusively bound, and thereupon all persons, with such exceptions, if any, as aforesaid, shall be conclusively bound by any decision of the court in which any such person is concerned.

143 Appeals. E+W

(1) Any person aggrieved by any order of a judge of a county court may, within the prescribed time and in the prescribed manner, appeal to the High Court.

(2) The court on hearing such appeal may give judgment affirming, reversing, or modifying the order appealed from, and may finally decide thereon, and make such order as to costs in the court below and of the appeal as may be agreeable to justice; and if the court alter or modify the order, the order so altered or modified shall be of the like effect as if it were the order of the county court.

The High Court may also, in cases where the court thinks it expedient so to do, instead of making a final order, remit the case, with such directions as the court may think fit, to the court below.

(3) Any person aggrieved by an order made under this Act by the High Court otherwise than on appeal from a county court, . . . F121 may appeal within the prescribed time in the same manner and with the same incidents in and with which orders made by the High Court . . . F121 in cases within the ordinary jurisdiction of such court may be appealed from.

Textual Amendments

F121 Words repealed by Courts Act 1971 (c. 23, SIF 37), Sch. 11 Pt. II

Part XIII F133 E+W Rules, Fee Orders, Regulations, Short Title, Commencement and Extent

144 Power to make general rules. E+W

(1) Subject to the provisions of this Act, the Lord Chancellor may, with the advice and assistance of a judge of the Chancery Division of the High Court [F122 nominated by the Lord Chancellor], the Chief Land Registrar, and three other persons, one to be chosen by the General Council of the Bar, one by [F123 the Minister of Agriculture, Fisheries and Food], and one by the Council of the Law Society (which body of persons are in this Act referred to as the Rule Committee), make general rules for all or any or the following purposes:—

(i) For regulating the mode in which the register is to be made and kept;

(ii) For prescribing the forms to be observed, the precautions to be taken, the instruments to be used, the notices to be given, and the evidence to be adduced in all proceedings before the registrar or in connexion with registration, and in particular with respect to the reference to a conveyancing counsel of any title to land proposed to be registered with an absolute title;

(iii) For regulating the procedure on application for first registration, provided that the applicant or his solicitor shall not be bound to make any declaration where a documentary title is shown which would operate as a guarantee in regard to matters not disclosed by the abstract;

(iv) For enabling registration with a possessory title to be provisionally effected pending the investigation of the title;

(v) For regulating the custody of any documents from time to time coming into the hands of the registrar, with power to direct the destruction of any such documents where they have become altogether superseded by entries in the register, or have ceased to have any effect;

(vi) For the taxation of costs charged by solicitors . . . F124 in or incidental to or consequential on the registration of an estate in land or any other matter required to be done for the purpose of carrying this Act into execution, and for determining the persons by whom such costs are to be paid;

(vii) For carrying out the provisions of this Act with respect to compulsory registration;

(viii) For adapting to sub-mortgages and to incumbrances prior to registration the provisions of this Act with regard to charges;

(ix) For the conduct of official searches . . . F125 ;

(x) For enabling cautions to be entered against the registration of possessory and qualified titles as qualified, good leasehold, or absolute and against the registration of good leasehold title as absolute;

(xi) For enabling a mortgagee by deposit to give notice to the registrar by registered letter or otherwise of the deposit or intended deposit with him of the land certificate, or charge certificate: Provided that the fee for the entry of any such notice shall not exceed [F126 5p];

(xii) For allowing the insertion in the register, and in land certificates, of the price paid or value declared on first registrations, transfers, and transmissions of land;

(xiii) For making such adaptations as changes in the general law (including changes effected by the M80 Law of Property Act 1922, or any Acts of the present session of Parliament amending or re-enacting any provisions of that Act) may render expedient, with a view to the practice under this Act being from time to time adapted, so far as expedient, to the practice in force in regard to unregistered land;C

(xiv) For enabling the registrar, without further investigation, to accept a title as absolute or good leasehold, in proper cases, on the faith of certificates given by counsel or solicitors or both;

(xv) For clearing the registered title on suitable occasions, and for enabling the registrar to permit any person interested to inspect entries on the register which have been cancelled, whether or not the title has been closed;

(xvi) For giving notice on land certificates of the general effect of registration;

(xvii) For the registration, by way of notice, on the first registration of the land, of any easement, right, or privilege, created by an instrument and operating at law which appears to affect adversely the land, and so far as practicable by reference to the instrument creating the same;

(xviii) For enabling any person who acquires any such easement, right, or privilege, after the date of first registration of the land, to require (subject to notice being given to the owner of the servient land) entry to be made in the register of notice of the same, and so far as practicable by reference to the instrument creating the right;

(xix) For enabling the first or any subsequent proprietor to require that notice of his title to any such right or interest, whether acquired under an instrument or by prescription or otherwise, being appurtenant or appendant to the registered land, be entered on the register, and, so far as practicable, by reference to the instrument (if any) creating the right or interest, and for prescribing the effect of any such entry;

(xx) For providing for the registration of the title to an annuity or a rentcharge in possession (either perpetual or for a term of years absolute), or to mines and minerals when held separately from the surface, and as to notices to be entered of any exception of mines and minerals; and for preventing the registration of the benefit of any easement, right, privilege, or restrictive covenant, otherwise than as belonging to registered land;

(xxi) For regulating the issue and forms of certificates, and, if deemed desirable, for prescribing any special notification on the certificate to be given by way of warning when incumbrances, notices, and other adverse entries appear on the register;

(xxii) For providing for the cases in which the registrar may grant a certificate that an intended disposition is authorised and will be registered if presented;

(xxiii) For prescribing the effect of priority notices F127 . . .;

(xxiv) For enabling a proprietor of any registered land or charge to register not more than three addresses (including, if he thinks fit, the address of his solicitor or firm of solicitors, to which notices are to be sent;

(xxv) For providing any special precautions to be taken against forgery when the land certificate is not in the possession of the proprietor of the registered land;

(xxvi) For prescribing any matter by this Act directed or authorised to be prescribed and for effecting anything with respect to which rules are by this Act authorised or required to be made;

(xxvii) For adapting the provisions of this Act relating to transfers of registered land to other dispositions authorised to be made by a proprietor;

(xxviii) For prescribing—

(a) the procedure to be adopted when land is or becomes subject to any charitable, ecclesiastical or public trusts,

(b) any consents to be given before a title to such land is registered,

(c) the duties, if any, to be performed by the managing trustees or committee, and

(d) the restrictions, if any, to be entered on the register in regard to such land;

(xxix) For enabling entries to be made in the register on the surrender, extinguishment or discharge of any subsisting interest without previously registering the title to the interest which is merged or extinguished;

(xxx) For enabling such alterations to be made in the register as may be consequential on the conversion of perpetually renewable leases into long terms by the M81 Law of Property Act 1922, as amended;

(xxxi) For regulating any matter to be prescribed or in respect of which rules are to or may be made under this Act and any other matter or thing, whether similar or not to those above mentioned, in respect of which it may be expedient to make rules for the purpose of carrying this Act into execution.

(2) Any rules made in pursuance of this section shall be of the same force as if enacted in this Act.

(3) Any rules made in pursuance of this section shall be laid before both Houses of Parliament within three weeks after they are made, if Parliament be then sitting, and if Parliament be not then sitting, within three weeks after the beginning of the then next session of Parliament.

Textual Amendments

F122 Words substituted by Administration of Justice Act 1982 (c. 53, SIF 37), Sch. 5 para. (d)

F123 Words substituted by virtue of S.I. 1955/554 (1955 I, p. 1200), art. 3

F124 Words repealed by Solicitors, Public Notaries, &c. Act 1949 (c. 21), Sch. 2

F125 Words from “against cautions” to the end of s. 144(1)(ix) repealed by Land Registration Act 1988 (c. 3, SIF 98:2), ss. 1(2)(c), 2, Sch.

F126 Words substituted by virtue of Decimal Currency Act 1969 (c. 19, SIF 10), s. 10(1)

F127 Words repealed by Land Registration Act 1986 (c. 26, SIF 98:2), s. 5(5)(c)

Modifications etc. (not altering text)

C49 S. 144 extended (1.10.1997) by 1996 c. 27, s. 32, Sch. 4 para. 4(6) (with Sch. 9 para. 5(1)(b)(ii)); S.I. 1997/1982, art. 3(a)

C50 S. 144(1)(iii)(xiv) extended by Administration of Justice Act 1985 (c. 61,SIF 76:1), s. 34(1)(b)

C51 S. 144(1)(iii) amended (1.1.1992) by S.I. 1991/2684, arts. 1, 2, 4, Sch.1.

C52 S. 144(1)(vi) extended (1.1.1992) by Administration of Justice Act 1985 (c. 61, SIF 76:1), s. 9, Sch. 2 para. 37(b); S.I. 1991/2683, art.2.

C53 S. 144(1)(xxiv) extended by Administration of Justice Act 1985 (c. 61,SIF 76:1), s. 34(2)(b) and extended (1.1.1992) by Administration of Justice Act 1985 (c. 61, SIF 76:1), s. 9, Sch. 2 para. 37(b); S.I. 1991/2683, art.2 and extended (prosp.) by Building Societies Act 1986 (c. 53, SIF 16), ss. 124, 126(4), Sch. 21 paras. 9(b), 12(2)(3)

Marginal Citations

M80 1922 c. 16 (98:1).

M81 1922 c. 16 (98:1).

145 Power to make Fee Orders and principles on which fees determined. E+W

(1) The Lord Chancellor may, with the advice and assistance of the Rule Committee and with the concurrence of the Treasury, make orders with respect to the amount of fees payable under this Act, regard being had to the following matters:—

(a) In the case of the registration of an estate in land or of any transfer of an estate in land on the occasion of a sale, to the value of the estate as determined by the amount of purchase money; and

(b) In the case of the registration of an estate in land, or of any transfer of an estate in land not upon a sale, to the value of the estate, to be ascertained in such manner as may be prescribed; and

(c) In the case of registration of a charge or of any transfer of a charge, to the amount of such charge.

(2) Where the personal representatives of a deceased person are registered as proprietors of the registered land on his death, a fee shall not be chargeable for registering any disposition of the land by them unless the disposition is for valuable consideration.

[F128 (3) Notwithstanding the provisions of subsection (1)(a) to (c) above, an order under this section may provide for reduced fees to be charged on the first registration of title to freehold or leasehold land in cases where such registration is not effected on an application made in pursuance of section 123A(2) of this Act.

(3A) An order under this section may make different provision for different cases, and may in particular provide that no fees are payable in certain cases.]

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F129

(5) The Lord Chancellor may, with the consent of the Treasury, by order, from time to time provide for the manner in which the money advanced for the acquisition of the site and the erection of new offices at the registry (so far as not already provided for by the existing sinking fund) shall be repaid, secured, or otherwise provided for; and also for the manner in which accounts of receipts and expenditure as between the several departments of the land registry are to be kept.

Textual Amendments

F128 S. 145(3)(3A) substituted (27.4.1997) by 1997 c. 2, ss.3, 5(3)

F129 S. 145(4) repealed by Land Registration Act 1936 (c. 26, SIF 98:2), s. 7

146 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F130 E+W

Textual Amendments

F130 S. 146 repealed by Solicitors Act 1936 (c. 37), Sch. 4

147 Repeals, savings and construction. E+W

(1) F131 . . . without prejudice to the provisions of [F132 sections 16(1) and 17(2)(a) of the M82 Interpretation Act 1978]:—

(a) Nothing in this repeal shall, save as otherwise expressly provided in this Act, affect any transfer of any interest in land or entry in the register made before the commencement of this Act, or any title or right acquired or appointment made before the commencement of this Act:

(b) Nothing in this repeal shall affect any rules, regulations, orders, or other instruments made under any enactment so repealed, but all such rules, regulations, orders, and instruments shall, until superseded, continue in force as if made under the corresponding provision of this Act:

(c) Nothing in this repeal shall affect the tenure of office or salary or right to pension or superannuation allowance of any officer appointed before the commencement of this Act:

(d) References in any document to any enactment repealed by this Act shall be construed as references to the corresponding provisions of this Act.

(2) References to registration under the M83 Land Charges Act 1925, apply to any registration made under any other statute which is by the Land Charges Act 1925, to have effect as if the registration had been made under that Act.

Textual Amendments

F131 Words repealed by Statute Law Revision Act 1950 (14 Geo. 6 c. 6)

F132 Words substituted by virtue of Interpretation Act 1978 (c. 30, SIF 115:1), s. 25(2)

Modifications etc. (not altering text)

C54 Land Charges Act 1925 (c. 22) repealed by Land Charges Act 1972 (c. 61, SIF 98:2), Sch. 5 and Local Land Charges Act 1975 (c. 76, SIF 98:2), Sch. 2: references to the 1925 Act to be construed in accordance with Interpretation Act 1978 (c. 30, SIF 115:1), s. 17(2)(a)

Marginal Citations

M82 1978 c. 30 (115:1).

M83 1925 c. 22.

148 Short title, commencement and extent. E+W

(1) This Act may be cited as the Land Registration Act 1925.

(2) This Act shall come into operation on the first day of January nineteen hundred and twenty-six, but shall be deemed to come into operation immediately after the M84 Law of Property Act 1925, the M85 Settled Land Act 1925, the M86 Land Charges Act 1925, the M87 Trustee Act 1925, and the Administration of Estates Act, 1925 come into operation.

(3) This Act extends to England and Wales only.

Marginal Citations

M84 1925 c. 20 (98:1).

M85 1925 c. 18 (98:3).

M86 1925 c. 19 (98:4).

M87 1925 c. 23 (116:1).