Part VIII E+W Application to particular Classes of Land

100 Small holdings.F2E+W

(1)Where a county council apply in pursuance of the M1Small 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 M2Small 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). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

Textual Amendments

Marginal Citations

Textual Amendments applied to the whole legislation