The Commons Registration Act 1965 prohibits the registration under the 1925 Act of rights of common that are registrable under the 1965 Act. 274.Under paragraph 14 rules must be made to apply the provisions of this Schedule to registered rentcharges. Where a person applies to be registered as proprietor of a freehold estate, he or she may (as now) be registered with an absolute, qualified or possessory title. The effect of the provision is that a proprietor is treated as being in possession of land which is physically in the possession of certain other people, for example, the proprietors tenant or mortgagee. The reduction in the length of leases which have overriding status reflects the reduction in the length of leases which gives rise to first registration of title in their own right. making an order for rectification or setting aside of a document which disposes of a registered estate or charge in some way which would be reflected in the register (for example, this is wide enough to cover the grant of a restrictive covenant as well as a sale or mortgage), a contract to make such a disposal of a registered estate or charge, or which effects the transfer of an interest which is the subject of a notice on a register. One difference is land changing ownership after death, where land is gifted rather than sold; these became compulsorily registrable only in April 1998. This includes easements, profits prendre and customary and public rights. 49.Cautions against first registration provide a means by which a person with an interest in unregistered land can be informed of an application for first registration of the title to an estate in that land. 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. 253.The present provision (Land Registration Act 1925, section 75) that the registered proprietor holds on trust for a squatter is not carried forward to the Act because the circumstances where a squatter will be entitled (under paragraph 5) to be registered as proprietor are limited and such a right will be protected against third parties provided that the squatter is in actual occupation of the land in question. The case referred to above is where an applicant is registered because his or her application was determined by reference to one of the three conditions. when rectification is not involved. 242.Paragraph 6 The network transaction rules made under paragraph 5 are likely to require an authorised conveyancer to provide specified information about a dealing, and, in particular, information about interests whose priority is protected without the need for registration. The paragraph indicates that the basis for termination might include failure to comply with the terms of the agreement, failure to meet conditions laid down in rules made under this paragraph or ceasing to meet the qualifying criteria specified in rules made under paragraph 1. If indemnity is sought for the loss of an estate, interest or charge, however, paragraph 6 puts a maximum value on the figure for that indemnity. 132.Escheat occurs where a freehold estate determines, most commonly where the freehold is disclaimed in cases that involve insolvency for example, where the liquidator of a company disclaims a freehold owned by that company (perhaps because the charges secured on it are greater than its value). 65.Subsection (2)(d) relates to easements and profits prendre, whether in gross or appurtenant to an estate. There are already several ways in which authentication could be achieved, but they are likely to change and develop with general electronic business and commerce. Currently, only leases with more than 21 years to run may be registered voluntarily. It is wider than the powers in the Land Registration Act 1925 in that it would be possible for the Lord Chancellor to prescribe the form of any registered charge. In practice, land is registered with a possessory title where the basis of the application is adverse possession, or where the applicants title cannot be proved (usually because the title deeds have been lost or destroyed). Previously no notice would have been given to those chargees as the entry of the details of the statutory charge into the register does not change the priority order that existed before the entry was made. Although unresolved contested applications must be referred to the adjudicator, there will be many instances of proceedings before the registrar, such as the examination of the title deeds supporting a first registration application. The first compulsory area was Eastbourne in 1926 which now stands at 95% registered. The provisions of the Act are to be brought into force by order. (2) Accordingly, on and after 1st December 1988, registration of title to land shall be compulsory on sale in the areas mentioned in column 2 of the Schedule to this Order. It was created in 1862 to officially record the ownership of property and land in England and Wales. As now, the registrar is supported by staff who may be authorised to carry out any of his functions. It can be given in the case of a defective title, if the defect will not cause the holding to be challenged. The Act seeks to narrow the circumstances in which such interests arise and reduce the number of categories. Secondly, the electronic document must bear the electronic signature of each person who must authenticate it. 244.Paragraph 8 Under the present law, a conveyancer does not have implied authority to sign a contract for the sale or purchase of an interest in land on behalf of his or her client. Where that is so, the notes set out below relating to them are not repeated in the notes on Schedule 3. 32.Grants of a lease out of an unregistered legal estate under the right to buy provisions of Part 5 of the Housing Act 1985 will also be subject to compulsory registration (replicating the present law). At present, a lease granted for 21 years or less, which has not yet taken effect cannot be registered or protected by the entry of a notice in the register against the landlords title but takes effect as an overriding interest. Such a requirement, as now, is to be enforceable as if it were a court order. The third would, for example, cover where the applicant could establish to the registrars satisfaction that the registered proprietor had granted him or her an easement. The squatter would not have barred the title of the landowner prior to registration of the title but if this provision was not made he or she would be entitled to apply to be registered as proprietor as soon as the owner was registered. It will, therefore, not be possible to raise any question as to whether the agent did in fact have written (as opposed to oral) authority to make the authentication. 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. In such circumstances, there would be entitlement to be indemnified for loss by reason of the rectification of the register (under paragraph 1 of Schedule 8). It preserves the rights of those who are entitled to be registered prior to its coming into force, but it also abolishes the trust in their favour. In each list they will be reduced in scope. 192.This section, amongst other things, provides for the possibility that where an entry in the register relating to the legal estate refers to a document kept by the registrar which is not an original (for example, a document setting out restrictive covenants which purports to be a full copy of the original) the document may not be an accurate copy of the original. The Act will replace cautions against dealings, inhibitions, existing notices and restrictions with notices and restrictions. A district registries order may specify the office to be used either on the basis of the geographical location of the land affected, as now, or on the basis of application type, enabling special expertise to be built up, or applications relating to a single, very large development to be handled more effectively. 34.This section imposes a duty on the responsible estate owner to apply for registration within the period for registration if the registration requirement applies. Land registration commenced in Scotland with the creation of the "Register of Sasines" by the Registration Act 1617. 1 When did it become compulsory to register land? This would be expected to involve handling disputes as to whether the registrar acted properly when deciding that an applicant did not meet the criteria for the level of access sought or in relation to the termination of an agreement. [2], The Falkland Islands registry holds copies of all Crown Grants from 1844.[3]. 197.This section replicates the effect of section 119(2) of the Land Registration Act 1925 and its approach is one which has been adopted in a number of statutes such as the Theft Act 1968, section 31 and the Supreme Court Act, section 72. If there are special circumstances on the termination of the appointment, the Lord Chancellor has power to pay compensation. The Law Commission and the Land Registry recommend a fundamental objective. There are two exceptions. During the last 90 years, Land Registry has been compiling a central register of property and land in England and Wales. As regards such leases, section 24(1)(b) and (2) of the Land Registration Act 1925 made provision for implied indemnity covenants on the part of the transferee in favour of the transferor, and, in relation to a transfer of part, an implied indemnity covenant on the part of the transferor in favour of the transferee. Subsection (4) enables an agent for the applicant for first registration to give notice, and for this notice to be treated as having been given by the registrar. The effect is that a mortgagee will hold the surplus on trust for any subsequent mortgagee of whose mortgage it has notice, actual, constructive or imputed. Under the present system, leases not exceeding 21 years in length are overriding interests. They have been recast to reflect the present practice in relation to rectification and amendment of the register. The sale triggers compulsory registration and C applies to be first registered proprietor. The section therefore amends the current law by leaving out this exception. Information: It is currently expected that the majority of the provisions of the Land Registration Act 2002 will come into force on Monday 13 October 2003, although the e-conveyancing sections will not become operational for some time. the registered estate), but also the powers of the sub-chargee in relation to the property subject to the sub-charge ( i.e. It will not give him or her any greater rights than he or she had expected to receive. When a new fee simple is granted, then upon application it would be registered with a new title number. Where the debtor is the registered proprietor of any land or charge, this can have no direct effect, because registration of a land charge does not affect registered land. Under the current law, valuable consideration does include a transfer of land in consideration of marriage. 38.Where a person applies to be registered as proprietor of a freehold estate, he or she may (as now) be registered with an absolute, qualified or possessory title. 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