when did land registry become compulsory

Therefore, under the present law, a chargee should pay any surplus to the chargor unless he has been notified of the existence of a subsequent charge. Registration in the Companies Register under the Companies Act 1985 fulfils a wholly different function from registration in the register of title. Establishment of the system will require new ways of working by the Registry, and by conveyancing practitioners. The current law relating to escheat also creates significant problems for the effective management of escheated land by the Crown, if it is to avoid the liabilities attaching to the property and which have led to the escheat. Section 2(b) is concerned with legal interests created by a disposition of land the title to which is registered. 330.This Act has been superseded apart from its provisions for the designation of areas of land as Souvenir Land outside the terms of the land registration system. The only difference is that where a leasehold estate is registered with absolute title, it is vested in the leaseholder subject to implied and express covenants, obligations and liabilities incident to the estate as provided by subsection (4). The circumstances for registration of a possessory title are the same as with freehold. Both registries are managed by the Property Registration Authority. Under the transitional arrangements in paragraph 14 of Schedule 12, the new provision will have effect two years after the rest of the section is brought into force. A qualifying estate is a legal estate which relates to land to which the caution relates, and is one of the four registrable estates i.e. Thus each state will define the officials, authorities, and their functions and duties with respect to the ownership of land within that state, as is more fully described in the specified main article. If any of those notified oppose the application it will be rejected, unless the adverse possessor can bring him or herself within one or more of three conditions. This works against the aim of achieving complete registration. If it is not possible to dispose of the objection by agreement the registrar must refer the matter to the adjudicator for determination in accordance with Part 11 and Schedule 9. This Act has been superseded apart from its provisions for the designation of areas of land as Souvenir Land outside the terms of the land registration system. Examples might be: Where the applicant/squatter has built on the registered proprietors land in the mistaken belief that he or she was the owner of it and the proprietor has knowingly acquiesced in his or her mistake. Where registration is triggered by the creation of a protected legal mortgage (under section 4 (1)(g)), the mortgagor must apply for the registration of the estate charged by the mortgage. 184.Although the point is not finally settled, the weight of authority favours firmly the view that Bs right or inchoate equity which arises after he has acted to his detriment but before the court can make an order giving effect to it is a proprietary, and not merely a personal right. The current certification methods are also likely to change and develop. 248.Paragraph 2 provides that the registrar must give notice of the application to specified persons, being those whose interests may be affected by the application. After 21 August 1977 only certain rentcharges may be created, mainly estate rentcharges created for the purpose of making a landowners personal covenants enforceable by the rentowner or to secure payment for the provision of services or the carrying out of maintenance, repairs and the like by the rentowner. The Land Registry has now automated many of its functions, which can now be accessed on line. The appointment is subject to the provisions of JUPRA which provide for a compulsory retirement age of 70 years, subject to the possibility of annual extensions until the appointee is 75 years of age. By virtue of section 11(4)(c), C will take free of As rights unless, at the time of registration, he had notice of them. This residual power follows in the foot steps of section 144 (1) (xxxi) of the Land Registration Act 1925. In this context, electronic signature does not necessarily mean a signature in the ordinarily accepted sense. It also contains power to prescribe which dispositions of interests the subject of notices in the register are caught by the requirement (at present the transfer of noted interests are not recorded in the register, see also paragraph 149 noting section 91(7)). We use cookies to ensure that we give you the best experience on our website. There is no requirement that the recipient of the indemnity payment could have sued the perpetrator of the fraud, although it is likely that he or she would have been able to do so. The Lord Chancellor can, as now, make regulations to cover the situation when a vacancy arises in the office of Chief Land Registrar and can make an order specifying which office deals with particular applications. However, leases granted prior to 1996 will continue in existence for many years. The two exceptions are (1) when the application is to cancel a caution against first registration only the cautioner or such other persons as rules may provide may object (section 18 deals with how such an application is made) and (2) when the application is to cancel a unilateral notice only the beneficiary of the notice or such other persons as rules may provide may object (section 36 deals with how such an application is made). Rules may provide, for example, that notice be served on the liquidator of a company which was the registered proprietor. It has no effect on the validity or priority of any interest that the cautioner may have in the legal estate to which the caution relates. Under. If a court holds that the defence applies then it must order the registrar to register the squatter as proprietor of the affected estate (subsection (5)). In addition, for the section to apply, the electronic document must meet several conditions designed to reflect the way in which the paper system works at present. The only right to payment in lieu of tithe that still exists is a corn rent, although it is the rarest of all the categories listed and not all corn rents fall within it. In these circumstances, the situation may arise where a conveyancer could be required to act contrary to the clients wishes. At present, the registrar is then required to enter a bankruptcy inhibition. The example may be given of trustees of land, A and B, who had limited powers of disposition, but who failed to enter a restriction in the register to reflect this fact. A national system of land registration was first attempted in England and Wales under the Land Registration Act 1862, a register having operated for the county of Middlesex (excluding the City of London) since 1709. 207.Interests which do not appear in the register, yet bind the person who acquires any interest in registered land, are considered to be an unsatisfactory feature in registered conveyancing. He or she may resign or be removed from office on the grounds of incapacity or misbehaviour. 163.Subsection (7) enables rules to made about the recovery of rentcharges. 55.This section states the unlimited powers of an owner. Under subsection (2)(e), both: a rentcharge in possession issuing out of or charged on land being either perpetual or for a term of years absolute; a right of entry exercisable over or in respect of a legal term of years absolute, or annexed, for any purpose to a legal rentcharge; are made registrable dispositions (these being the interests provided for in section 1(2)(b) and (e) of the Law of Property Act 1925). This section provides for the compulsory registration of the specified grants out of demesne land. 79.Unilateral notices may be entered without the registered proprietors consent. Rules made under section 14 will make provision for the making of applications for first registration and how dealings with registered land are undertaken are subject to rules made under section 27. The Lord Chancellor is under a duty to consult before making these rules. As explained in paragraph 192, section 118 gives the Lord Chancellor power to reduce the qualifying time for the registration of leases, and this section anticipates a reduction by providing that notices cannot be entered for leases of 3 years or less (the likely minimum qualifying period). 157.The Act provides a new scheme for adverse possession in relation to a registered estate in land. Examples of demesne lands of the Crown are: most foreshore, land which has escheated to it and its ancient lands which have never been granted as a freehold estate. The registrar must also produce an annual report on the business of the Land Registry to the Lord Chancellor. Where the Crown is the direct owner of its land (known as demesne land), it does not hold an estate. The Rule Committee will no longer include a person chosen by the Minister of Agriculture and Fisheries but instead will include a surveyor nominated by the Royal Institution of Chartered Surveyors. The section provides that notice of the making of the entry will be served on such persons as rules may provide. The effect of these matters being treated by the section as interests affecting a registered estate or charge is that, if their priority is not protected, a disponee would take free from them under sections 29 and 30. A purchaser may also be bound by two kinds of interest on the land: an overriding interest, which does not appear in the register (e.g. It will also constitute a defence to any proceedings for possession (paragraph 18(2)). As a result of the provision, the chargee will have to consult the register to determine who is entitled to the surplus. Rules will cover when boundary fixing can occur, how it will be done and what procedures will be used. 31.Compulsory registration will also apply where a lease is granted to take effect more than three months after it is granted. At present, where a squatter has been in adverse possession for the required period the registered proprietor holds the registered estate on trust for the squatter. Such a requirement, as now, is to be enforceable as if it were a court order. For all other documents, including, contracts and dispositions relating to the transfer of noted interests, the requirements may be specified in rules. After 12 years adverse possession, Bs title is extinguished and A becomes owner of the land. As such, as long as the squatter is in actual occupation the priority of his right will be protected in relation to registered dispositions. This section requires the registrar for the first time to keep a register of cautions against first registration. These rules may empower the adjudicator to dismiss an application in whole or in part if the defaulting party is the applicant. If the matter cannot be disposed of by agreement, it must be referred to the adjudicator. Section 62 empowers the registrar to upgrade to absolute any of the lesser titles when he is satisfied as to the title to that estate or, in the case of good leasehold title, satisfied as to the title to the superior estate. 235.Paragraph 8 makes it clear that the register may be altered so as to change permanently the priority of any interest affecting the registered estate or charge. The requirements reflect the way in which transfers of charges and the creation of sub-charges are currently recorded. 69.This section provides that the priority of an interest affecting a registered estate or charge is not affected by a disposition (whether or not the interest or disposition is registered). 107.For practical and historical reasons, the current register has been compiled using the general boundaries rule which means that although the plans are usually mapped to a feature, the exact line of the boundary is left undetermined, e.g. The ability to remove superfluous entries is likely to be important with the advent of electronic conveyancing to enable conveyancers to make changes to the register without the inconvenience of dealing with entries which are no longer current. In relation to the execution of electronic documents by agents the provision has the effect that where a document covered by the section is authenticated by an individual as agent, it is to be regarded as having been authenticated by him or her under the. This means that it can be protected by entry of notice in the register, or, where the claimant is in actual occupation of the affected land, as an interest whose priority is automatically protected without the need for registration. The meaning of a registered estate in land is the same and the registrar is placed under a duty to make an order for rectification, where he has power to do so, unless exceptional circumstances exist. Each register is allocated a unique title number. 130.This section provides for the compulsory registration of the specified grants out of demesne land. Measurements scaled from this plan may not match measurements between the same points on the ground. For example, if just one link in a conveyancing chain is conducted in the conventional paper-based manner, the advantages of electronic chain management are likely to be lost. Official searches undertaken in accordance with rules made under section 70 are normally priority searches undertaken by persons acquiring an interest for value. The chain manager will not have any direct coercive powers but will be able to identify the link in the chain that is causing delay and will then be able to encourage that party to proceed with due despatch. If one of the trustees were to die, this would ensure that no disposition could be made until another trustee was appointed. An example of a settlement might be where A has a beneficial interest for life, and is registered as registeredproprietor of the land, and when A dies B is entitled to the land absolutely. 135.The type of requirement that is being disapplied by this section is that which provides that a transfer of registered land by the Duchy of Cornwall needs to be enrolled in the Duchy office within six months after it is made to be valid and effectual against the Duke of Cornwall. Date: 13 October 2003. 1.These explanatory notes relate to the Land Registration Act 2002 which received Royal Assent on 26 February 2002. This provision replicates the current position, which sets out two different bases for assessing the maximum sum allowed. If there are special circumstances on the termination of the appointment, the Lord Chancellor has power to pay compensation. Compulsory registration will also apply to the creation of a protected first legal mortgage (i.e. The section lists a number of matters which may be covered by the rules. These leases will not be capable of overriding first registration, even where they do not exceed seven years. There is no need to obtain the registrars prior consent to the costs of the court action (see paragraph 3 above). If they transferred the land to a buyer, C, in circumstances that were prohibited by the trust, they would commit a breach of trust. Where the proprietor does object, the application will be rejected unless the squatter can meet one of three limited exceptions. Section 93 contains the power to require transactions which involve registration to be done electronically at the contract and completion stages. The priority of any interest in registered land is therefore determined by the date of creation. They are mineral rights in relation to land, the title to which was registered before 1926. It is these rights that may be the subject of court proceedings which ultimately give rise to an alteration in the register. This provision is new, and is designed to avoid a conveyancing trap that such reversionary leases may create. Section 93 contains the power to require transactions which involve registration to be done electronically at the contract and completion stages. It ensures that where an individual is the sole registered proprietor of a registered estate or charge, for his or her own benefit, an entry is made in the register that the estate or charge is subject to a bankruptcy petition presented against that person, or a bankruptcy order made against him or her. Franchises originate in a royal grant, such as a right to hold a fair. In registered conveyancing, there is a single statement of title as it stands at any given time, guaranteed by the State. 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