(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 M1Settled 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 [F1subject to a trust of land], no estate or charge shall be registered in respect of an interest which, under the M2Law of Property Act 1925, or otherwise, ought to remain liable to be overridden on [F1a 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
F1Words 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
M11925 c. 18 (98:3).
M21925 c. 20 (98:1).