Amending Acts-

Administration of Justice Act 1977

Changes introduced by the Land Registration Act 1986

Land Registration Act 1988

Acts affected

Land Registration Act 1925 c. 21

An Act to consolidate the Land Transfer Acts and the statute law relating to registered land

Registers to be continued

1.-- There shall continue to be kept at His Majesty's Land Registry, a register of title to freehold land and leasehold land

What legal estates may be registered

2.--

(1) After the commencement of this Act, estates capable of subsisting as legal estates shall be the only inetersts in land in respect of which a proprietor can be registered and all other interests in registered land (except overriding interests and interests entered on the register at or before such commencement) shall take effect in equity, as minor interests, but all interests (except undivided shares in land) entered on the register at such commencement which are not legal estates shall be capable of being dealt with under this Act:

Provided that, on the occasion of the first dealing with any such interest, the register shall be rectified in such manner as shall be provided by rules madeto secure that the entries therein shall be similar to those which would have been made if the title to the land had been registered after the commenccement of this Act.

(2) Subject as aforesaid, and save as otherwise expressly provided by this Act, this Act applies to land registered under any enactment replaced by this Act in like manner as it applies to land registered under this Act.

Interpretation

3. --

In this act at the context otherwise requires, the following expressions have the meaning is hereby assigned to them respectively, that is to say:

(I) "a charge by way of legal mortgage" means of mortgage created by charge under which, by virtue of the Law of Property Act 1925, the mortgage is to be treated as an estate and the in like manner as if the mortgage term by demise or subdemise were vested in him, and "legal mortgage" has the same meaning as in that Act;

(xv) "minor interests" means the interests not capable of being disposed of or created by registered dispositions and capable of being overridden (whether or not a purchaser has notice thereof) by the proprietors unless protected as provided by this Act, and all rights and interests which are not registered or protected on the register and are not overriding interests, and include - (a) in the case of land held on trust for sale, all interests and powers which are under the Law of Property Act 1925 capable of being overridden by the trustees for sale, whether or not such interests and powers are so protected;.

Effect of Registration with possessory title

11.-- Where the registered land is a leasehold interest, the registration of a person as first proprietor thereof with a possessory title shall not affect or prejudice the enforcement of any estate, right or interest (whether in respect of the lessor's title or otherwise) adverse to or in derogation of the title of such first registered proprietor, and subsisting or capable of arising at the time of the registration of such proprietor; but save as aforesaid, shall have the same affect as registration with an absolute title.

. . .

20.--

(1) In the case of a freehold estate registered with an absolute title, a disposition of the registered land or of a legal estate therein, including a lease thereof, for valuable consideration shall, when registered, confer on the transferee or grantee an estate in fee simple or the term of years absolute or other legal estate expressed to be created in the land dealt with... subject -

(a) to the incumbrances and other entries, if any, appearing on the register; and

(b) unless the contrary is expressed on the register, to the overriding interests, if any, affecting the estate transferred or created, but free from all other estates and interests whatsoever... and the disposition shall operate in like manner as if the registered transferor or grantor were (subject to any entry to the contrary in the register) entitled to the registered land in fee simple in possession for his own benefit.

22:-

(1) The transfer of a registered estate in the land or part thereof shall be completed by the Registrar entering on the register the transferee as the proprietor of the estate transferred but until such entry is made the transferor shall be deemed to remain the proprietor of the transferred estate…

33: Transfer of charges

(1) The proprietor of any registered charge may, in the prescribed manner, transfer the charge to another person as proprietor

(2) The transfer shall be completed by the registrar entering on the register the transferee as proprietor of the charge transferred, but the transferor shall be deemed to remain proprietor of the charge until the name of the transferee is entered on the register in respect thereof.

(3) A registered transferee for valuable consideration of a charge and his successors in title shall not be affected by any irregularity or invalidity in the original charge itself of which the transferee did not have notice when it was transferred to him.

(4) On registration of any transfer of a charge, the term or subterm (if any) granted expressly or by implication by the charge or any deed of alteration shall, without any conveyance or assignment and notwithstanding anything to the contrary in the transfer or any other instrument, vest in the proprietor for the time being of the charge.

(5) Subject to any entry to the contrary on the register, the vesting of any term or subterm in accordance with this section in the proprietor of a charge shall, subject to the right of redemption, have the same effect as if such proprietor had been registered as the transferee for valuable consideration of the term or subterm.

34: Powers of proprietor of charge

(1) Subject to any entry on the register to the contrary, the proprietor of a charge shall have and may exercise all the powers conferred by law on the owner of a legal mortgage.

54.--

(1) Any person interested under any unregistered instrument, or interested as a judgment creditor, or otherwise howsoever, in any land or charge registered in the name of any other person, may lodge a caution with the registrar to the effect that no dealing with such land or charge on the part of the proprietor is to be registered until notice has been served upon the cautioner: Provided that a person whose estate, right, interest, or claim has been registered or protected by a notice or restriction shall not be entitled (except with the consent of the registrar) to lodge a caution in respect of such an estate, right, interest, or claim . . .

55.--

(1) After any such caution against dealings has been lodged in respect of any registered land or charge, the registrar shall not, without the consent of the cautioner, register any dealing or make any entry on the register for protecting the rights acquired under a deposit of a land or charge certificate or other dealing by the proprietor with such land or charge until he has served notice on the cautioner, warning him that his caution will cease to have any effect after the expiration of the prescribed number of days next following the date at which such notice is served; and after the expiration of such time as aforesaid the caution shall cease unless an order to the contrary is made by the registrar, and upon the caution so ceasing the registered land or charge may be dealt with in the same manner as if a caution had been lodged.

(2) If before the expiration of the said period the cautioner, or some person on his behalf, appears before the registrar, and where so required by the registrar gives sufficient security to indemnify every party against any damage that may be sustained by reason of any dealing with the registered land or charge, or the making of such entry as aforesaid, being delayed, the registrar may thereupon, if he thinks fit to do so, delay registering any dealing with the land or charge or making any such entry for such period as he thinks just.

. . .

General provisions as to cautions

56--

(1) ...

(2) A caution lodged in pursuance of this Act shall not prejudice the claim or title of any person and shall have no effect whatever except as in this Act mentioned.

. . .

70:--

(1) All registered land shall, unless under the provisions of this Act the contrary is expressed on the register,be deemed to be subject to such of the following overriding interests as may be for the time being subsisting in reference thereto, and such interests shall not be treated as incumbrances within the meaning of this Act (that is to say):-

(g) The rights of every person in actual occupation of the land or in receipt of the rents and profits thereof, save where inquiry is made of such person and the rights are not disclosed;...

74.--

. . . neither the registrar nor any person dealing with a registered estate or charge shall be affected with notice of a trust express implied or constructive, and references to trusts shall, so far as possible, be excluded from the register.

82:--

(1)

(a) Subject to any express provisions of this Act to the contrary, where a court of competent jurisdiction has decided that any person is entitled to any estate right or interest in or to any registered land or charge, and as a consequence of such decision such court is of opinion that a rectification of the register is required, and makes an order to that effect;

. . .

(h) In any other case where, by reason of any error or omission in the register, or by reason of any entry made under a mistake, it may be deemed just to rectify the register.

(3) The register shall not be rectified, except for the purpose of giving effect to an overriding interest, so as to affect the title of the proprietor who is in possession-

(a) unless such proprietor is a party or privy or has caused or substantially contributed, by his act, neglect or default, to the fraud, mistake or omission in consequence of which such rectification is sought;

or

(b)......; or

(c) unless for any other reason, in any particular case, it is considered that it would be unjust not to rectify the register against him."

83.--(1) ...

(2) Where an error or omission has occurred in the register, but the register is not rectified, any person suffering loss by reason of such error or omission, shall, subject to the provisions of this Act, be entitled to be indemnified

. . .

Creation and protection of mortgages of registered land

106.--(1) The proprietor of any registered land may, subject to any entry to the contrary on the register, mortgage, by deed or otherwise, the land or any part of it in any manner which would have been permissible if the land had not been registered and, subject to this section, with the like effect.

(2) Unless and until the mortgage becomes a registered charge,--

(3) A mortgage which is not a registered charge may be protected on the register by--

(4) A mortgage which is not a registered charge shall devolve and may be transferred, discharged, surrendered or otherwise dealt with by the same instruments and in the same manner as if the land had not been registered.

112.--(1) Any person may, subject to such conditions as may be prescribed and on payment of any fee payable, inspect and make copies of and extracts from--

(2) Documents in the custody of the registrar relating to any land or charge but not falling within subsection (1)(b) of this section may be inspected, and copies of and extracts from them may be made--

but subject in all cases to such conditions as may be prescribed and on payment of any fee payable.

(3) References in this section to documents include references to things kept otherwise than in documentary form.

Original section now repealed

112 Inspection of the register and other documents and land Registry

Subject to the provisions of this Act as to furnishing information to government departments and local authorities and such regulations and exceptions and to the payment of such sums as may be made or fixed by general rules, any person registered as proprietor of any land of charge, and any person authorised by any such proprietor, or by an order of the Court, or by general rule, but no other persons, may inspect and make copies of and extracts from any register of documents in the custody of the registrar relating to such land or charge.

113 Office copies to be evidence

Office copies of and extracts from the register and of and from documents and plans filed in the registry shall be admissible in evidence in all actions and matters, and between all persons or parties, to the same extent as the originals would be admissible, but any persons suffering loss by reason of the inaccuracy of any such copy of extract shall be entitled to be indemnified under this Act, and no solicitor, and trustee, personal representative, of a person in a fiduciary position shall be answerable in respect of any loss occasioned by relying on any such copy of extract.

114 fraudulent dispositions how far to be void

Subject to the provisions in this Act contained with respect to indemnity and to registered dispositions for valuable consideration, any disposition of land or of the charge, which if unregistered would be fraudulent and void, shall, notwithstanding registration, be fraudulent and void in like manner.