Land Registry Act 1862

1. Introductory Text

2. 1. Extent of Act.

3. PART I As to the Registration of Real Estates, and the Title thereto

   1. 2. Registry to be established.

   2. 3. Limits of Registry.

   3. 4. By whom Applications for Registration to be made.

   4. Proceedings to obtain Registration of a Title as indefeasible

      1. 5. Examination of Title with Guarantee.

      2. 6. Reference of Questions of Title.

      3. 7. Particulars to be furnished to Registrar.

      4. 8. May be verified On Oath.

      5. 9. Claim to Mines and Minerals.

      6. 10. Identity of Lands to be established.

      7. 11. Notice of Intention to register.

      8. 12. Contents of Notice.

      9. 13. Cause may be shown against Registration.

      10. 14. Completion of Registration.

      11. 15. Books may be inspected.

   5. As to the Record of Title

      1. 16. As to Exception, &c. in Record of Title.

      2. 17. Any Question as to true Construction of any Deed, &c. to be referred by Registrar to a Judge of Court of Chancery.

      3. 18. Registrar may refer in Record of Title to Deed, &c. for Estates of Parties.

      4. 19. Persons entitled to Principal Money, &c. not to be entered in Record of Title unless Registrar thinks fit.

   6. When an indefeasible Title shall arise

      1. 20. Persons described in Record of Title to be deemed as possessed of such Estates, &c.

      2. 21. Informality not to prejudice Entry in Record of Title.

      3. 22. Before Registration Applicant and Solicitor or Agent, &c. to make Oath that all Deeds, &c. have been made known to Registrar.

      4. 23. Power to Registrar to refuse Registration.

      5. 24. Power to Registrar to demand Security for Costs.

   7. Proceedings for Registration without an indefeasible Title

      1. 25. Registration without Guarantee of Title may be made under certain Conditions.

   8. Registration of Leasehold Estates

      1. 26. Leasehold Estates may be registered in like Manner as Freehold Lands.

   9. General Provisions as to Title

      1. 27. Charges and Liabilities not to be deemed Incumbrances.

      2. 28. Land may be registered as Oue Estate.

      3. 29. Registered Laud made subject to certain Conditions, &c.

      4. 30. Notice of Registration of Land to be given by Registrar to interested Person.

      5. 31. Judicial Declaration of Title.

      6. 32. Every Estate, &c. to be entered in Record of Title after Registration of Land.

      7. 33. Estates of registered Proprietors subject to existing Law.

      8. 34. Power to Registered Proprietor, with Consent of Persons interested, to close Register.

   10. Caveat against Entry of Land on Register

       1. 35. Caveats may be lodged with Registrar, to the Effect that Cautioner is entitled to Notice.

       2. 36. Caveat to be supported by Affidavit.

       3. 37. How Notice to be served.

       4. 38. After Caveat, no Registration to be made of Lands till Ten Days after Notice.

       5. 39. Compensation if Caveat lodged without reasonable Cause.

       6. 40. Caveat not Title of any Person.

4. PART II Simplification of Title by Judicial Sales

   1. Sales by Court of Chancery

      1. 41. Sales of Land may be made by the Court, on Application by Owner.

      2. 42. Application to be served on Parties.

      3. 43. Court shall provide for Examination of Title, &c. before making Order for Sale.

      4. 44. Applicant to give Security for Costs.

      5. 45. Purchase Money to be paid into the Bank as Court may direct.

      6. 46. Such Payment to exonerate Purchaser from Liability.

      7. 47. Vesting Order to be stamped.

      8. 48. Applicant for Sale and his Solicitor may be examined concerning Title before Vesting Order made.

      9. 49. Where Sales are made under 20 Vict. c. 120. the Court may make Order as under this Act.

      10. 50. Vesting Order to confer on Person in whom Land is vested an Estate in Fee Simple, with all Rights, Privileges, &c.

      11. 51. Court may make a qualified Vesting Order, where Title is shown for a limited Period only.

      12. 52. Effect of qualified Vesting Order.

      13. 53. Court of Chancery may require Production of Deeds, &c.

      14. 54. Distribution of Monies paid into Bank.

      15. 55. As to Disposal of Money not immediately distributable.

      16. 56. As to Disposal of Deeds after Vesting Order made.

      17. 57. Vesting Order to direct Entry on Register.

      18. 58. Registration with a qualified Title not to affect prior Claims.

      19. 59. Entry of Discharge of Incumbrance.

      20. 60. Compensation to Persons aggrieved.

      21. 61. As to Costs and Expenses.

      22. 62. As to Assignment of Duties.

5. PART III As to the Transfer of registered Land

   1. 63. Conveyance, &c. of registered Land.

   2. 64. Attendance of Parties at Registry Office on Sale, &c. of registered Land.

   3. 65. Forms of Conveyance in Schedule hereto of registered Land.

   4. 66. Forms of Conveyance in Schedule as effectual as other Forms.

   5. 67. Forms may be modified or altered.

   6. As to Land Certificates

      1. 68. Registrar to deliver Land Certificates.

      2. 69. Registrar, at Request of Holder, to compare Certificate with Registry.

      3. 70. Registered Proprietors desirous of selling, &c. may obtain special Land Certificate.

      4. 71. Certificate to be Evidence.

      5. 72. Conveyance of Lands by Endorsement.

      6. 73. Deposit of Certificate.

      7. 74. Estates, &c. in Land may be created by Will, &c.

      8. 75. On Conveyance of Estate, &c. on Register, Deed or Copy to be sent to Registrar.

      9. 76. When Deed received by Registrar, Estate created to be deemed duly registered.

      10. 77. Notice when to be sent to Registrar.

      11. 78. Where Estate transmitted to any Person by Descent such Person to be registered.

      12. 79. Notice to be given to Heir at Law of Application for Registration of a Will.

      13. 80. In case of Bankruptcy Assignees to be registered.

      14. 81. Memorial of Will may be registered instead of Copy thereof.

      15. 82. Execution to be proved as Registrar may require.

      16. 83. Memorials of Descents, &c. to be registered, &c.

      17. 84. Registrar to note Effect of Instruments, &c.

      18. 85. Official Note, what to contain.

      19. 86. Printed Copy of Deed, &c. to be delivered to Registrar.

      20. 87. Registrar in certain Cases may erase Official Note.

      21. 88. No Dealing with registered Land effectual until Stamp and ad valorem Duties paid.

6. PART IV General Provisions to facilitate Registration

   1. 89. Money Charge not ascertained, &c. may be referred to Judge at Chambers.

   2. 90. Judge may order Money not distributable, &c. to be paid into Court of Chancery.

   3. 91. Deeds to be stamped.

   4. 92. Judge may decide Questions of Priority of Incumbrances, &c.

   5. As to Restraint of Conveyance

      1. 93. Judge may decide Questions of Priority of Incumbrances, &c. As to Restrictions on Conveyance, &c. of Land.

      2. 94. Registrar to make a Note of such Restrictions.

      3. 95. Court of Chancery may exercise Powers of 13 & 14 Vict. c. 60.

   6. Caution

      1. 96. Person interested may lodge Caution with Registrar.

      2. 97. Caution to be supported by Affidavit.

      3. 98. Statutory Disposition of Land not to be registered until Notice served on Cautioner.

      4. 99. Cautioner to give Security against Damage sustained by Delay of Disposition of Property.

      5. 100. Compensation for lodging Caution without reasonable Cause.

   7. Injunction

      1. 101. Court of Chancery may issue Order restraining Disposition of Land, &c.

      2. 102. Court of Chancery may annex Terms, &c. to such Order.

      3. 103. Jurisdiction of Courts of Equity.

      4. 104. Acts relating to Registries in Middlesex and York not to apply to Land on Register under this Act.

   8. Penalty on Fraud, &c

      1. 105. Person making false Statement guilty of Misdemeanor.

      2. 106. As to Persons aggrieved by Proceeding, &c. for any Act declared a Misdemeanor.

      3. 107. Answers to Bills, Questions, &c. not admissible in Evidence.

7. Office of Land Registry, Powers of Court of Chancery, and Miscellaneous

   1. 108. Establishment of Office of Land Registry.

   2. 109. Appointment of Registrar.

   3. 110. Appointment of Assistant Registrars and Examiners of Title.

   4. 111. Salaries of Officers.

   5. 112. Retiring Pension of Registrar.

   6. 113. Superannuation of Officers other than Registrar.

8. General Provisions

   1. 114. Crown, &c. Lands.

   2. 115. Provision as to Applications made by married Women. Examinations may be taken under 3 & 4 W. 4. c.74.

   3. 116. Provision for other Persons under Disability.

   4. 117. Registrars, &c. may administer Oaths, &c.

   5. 118. As to Loss of Land Certificate.

   6. 119. Granting of new Certificates.

   7. 120. Lord Chancellor to make Rules and Orders for carrying into effect Purposes of Act.

   8. 121. As to Assignment of Duties and Appointment of additional Clerks.

   9. 122. Forms to be printed and promulgated.

   10. 123. Seal of Land Registry Office.

   11. 124. Addresses of Proprietors to be registered.

   12. 125. Registrar may frame General Orders.

   13. 126. Such Orders to have effect as Act of Parliament.

   14. Fees

       1. 127. Registrar to determine Amount of Fees.

       2. 128. Matters to be considered in determining Amount of Fees.

       3. 129. Collection of Fees.

       4. 130. Stamp Acts applied to Stamps under this Act.

       5. 131. Lord Chancellor may fix Scale of Costs.

       6. 132. Costs of Registration may, in certain Cases, be raised by Mortgage.

       7. 133. Orders to be laid before Parliament.

   15. Proceedings in Court of Chancery

       1. 134. Applications to Court of Chancery to be by Summons.

       2. 135. Extension to Solicitors of Counties Palatine of Durham and Lancaster.

   16. Forms

       1. 136. Forms.

   17. Inspection of Register

       1. 137. Inspection of Register.

   18. Fraud

       1. 138. Fraud a Misdemeanor.

       2. 139. Punishment.

       3. 140. Interpretation of Terms.

9. 1. SCHEDULE