Part XII E+W Administrative and Judicial Provisions

Local Registries of DeedsF3 E+W

Textual Amendments applied to the whole legislation

F3 Act repealed (prosp.) by Land Registration Act 2002 (c. 9), ss. 135, 136(2), Sch. 13 (with s. 129, Sch. 12)

[F1 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

F1 S. 135 repealed as regards Yorkshire deeds registries, their registers and areas by Law of Property Act 1969 (c. 59, SIF 98:1), s. 16(2), Sch. 2 Pt.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

[F2 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 M1 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

F2 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)

C1 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

M1 54 & 55 Vict. c. 64.