Land Registration Act 1925 (repealed)

94 Land held [F1 in trust].F5 E+W

[F2 (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 M1 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 M2 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 [F3 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.

[F4 (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

F1 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

F2 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

F3 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

F4 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

M1 1884 c. 18.

M2 1925 c. 18 (98:3).

Textual Amendments applied to the whole legislation

F5 Act repealed (prosp.) by Land Registration Act 2002 (c. 9), ss. 135, 136(2), Sch. 13 (with s. 129, Sch. 12)