(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 [F1or 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.
[F2(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 [F3section 2(8) of the M1Matrimonial Homes Act 1983](spouse’s charge in respect of rights of occupation).]
[F4(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.]
[F5(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
F1Words added by Finance Act 1975 (c. 7), Sch. 12 para. 5(5)
F3Words substituted by Matrimonial Homes Act 1983 (c. 19, SIF 49:5), Sch. 2
F5S. 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)
C1S. 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)
C2S. 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)
Marginal Citations
M11983 c. 19 (49:5).