when did land registry become compulsory

Rules may provide, for example, that notice be served on the liquidator of a company which was the registered proprietor. Section 24(1)(b) and (2) of the Land Registration Act 1925 were repealed prospectively by the Landlord and Tenant (Covenants) Act 1995, but only in respect of new tenancies - in essence those granted after the Act was brought into force. 74.Part 4 of the Act contains provisions on notices and restrictions. Qualified title is extremely rare but it might be appropriate, where, for example, the transfer to the applicant had been in breach of trust. 73.Section 31 provides that the effect of a disposition of a registered estate or charge on an Inland Revenue charge under section 237 of the Inheritance Tax Act 1984 is to be determined in accordance with the relevant provisions of the Act, and not under sections 28 to 30 of the Act. This section enables the Lord Chancellor to add new events to those that trigger compulsory registration, by statutory instrument to be laid before Parliament. 161.Because the defences under this section are additional to any other defences a squatter may have (subsection (6)), if he or she has some independent right to possession of the land, such as an equity arising in his or her favour by proprietary estoppel, he or she can rely upon it. Initially registration was voluntary. For example, if the court determined that a person was entitled to a beneficial interest under a resulting or constructive trust, it might also order the entry of a restriction to ensure that there was no disposition of the registered estate without the prior consent of the beneficiary. Thirdly, each of the signatures must be certified. The effect of the amendment to section 37(5) is that the registrar will also be under a duty to enter a restriction when he is registering the purchasers title under a disposition of unregistered land and the instrument effecting the disposition contains the covenant (for example, a conveyance of the unregistered freehold estate to the purchaser). Qualified title is extremely rare but it might be appropriate, where, for example, the transfer to the applicant had been in breach of trust. For example, where the disposition is in fact unlawful, the consequences of that unlawfulness can be pursued so long as these do not call into question the validity of the disponees title. Beneficial interest: the right of a beneficiary in respect of property held on trust for him or her. The effect of paragraph 12 will be that where before the coming into force of Schedules 1 and 3 a lease was an overriding interest under section 70(1)(k) it will be taken to be a lease within paragraph 1 of the appropriate Schedule and so continue to override first registration or a registered disposition. This section gives the registrar power to enter a notice in respect of an interest that is an interest of the kind mentioned in Schedule 1, provided that it is not excluded by section 33 above. This registration gap has created scope for a number of problems. That report must be published and laid before Parliament. X has been in adverse possession, has herself been dispossessed by a second squatter, Y, and has then recovered the land from Y. 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. 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). Land registration was first introduced to England and Wales by legislation of 1862 and 1875. Where the valuation is taken at the date that the mistake was made, however, it will be possible for interest to be paid from the date of the mistake (see paragraph 9). In a paper-based system, documents have to be executed by the parties and then exchanged and delivered. This section explains that a notice is an entry, made in the register, in respect of the burden of a third partys interest. 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. The following are examples of situations in which such an entry might be made: To prevent unlawfulness, say a breach of trust, where the trustees of the land are required to obtain the consent of some person to a disposition. The section does not disapply the formal statutory or common law requirements relating to deeds and documents but deems compliance with them. A new subsection is added to exclude liability for any information that was entered in the register of title relating to that interest at the time of the disposition, the register of title being open to public inspection. Once a decision is made, however, the right to indemnity arises whether or not the decision was made to rectify the register. 243.Paragraph 7 puts the registrar under a duty to provide assistance to enable do-it-yourself conveyancers to conduct their own conveyancing notwithstanding the introduction of a land registry network. It is an invisible line dividing one person's land from another's. The section sets out the circumstances in which the registrar may approve an application for an agreed notice. Absolute title may be given if the registrar considers that the title is such as a willing buyer could be properly advised to accept, and approves that the lessor had good title to grant the lease. This in practice results in an additional entry. 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. For these reasons the section provides that the registrars power to enter a restriction for the purpose of protecting a right or claim in relation to the estate or charge is limited in that no restriction may be entered for the purpose of protecting the priority of an interest which is, or could be, the subject of a notice. Inhibitions are abolished because they are not needed: they are, in reality, just one form of restriction. This is not the case in relation to an electronic document covered by this section as the document is not a deed, merely treated as if it were. The Land Registry rules provide that all conveyances and assignments on sale must be registered by the purchaser within six months of the date of acquisition (or such later date as the PRA/Court may allow). The only exception to this is that for tasks that are not administrative, such as presiding over hearings, the member of staff must meet the same requirements of ten years legal qualification under the Courts and Legal Services Act 1990 as the adjudicator. [18] This voluntary national system proved ineffective and, following further attempts in 1875 and 1897, the present system was brought into force by the Land Registration Act 1925. This Schedule contains specific rule-making powers in respect of: dealings with estates subject to compulsory first registration; title matters between sellers and buyers; implied covenants; land certificates; form, content and service of notices; applications; and statutory statements required under any enactment to be included in an instrument effecting a registrable disposition or a disposition which triggers the requirement of registration. Rules permit those with an interest to apply for boundaries to be fixed. Apart from those easements and profits that fall within paragraph 9, that overriding status will cease three years after the date on which the Act is brought into force. 173.As at present with proceedings before the Solicitor, hearings before the adjudicator are to be held in public unless the adjudicator is satisfied that the exclusion of the public is just and reasonable. and so the title to such an estate or rentcharge cannot be extinguished. Rules may govern the information to be kept in the register, and its form. A good leasehold title is such that a willing buyer could properly be advised to accept. Initially registration was voluntary. The sale triggers compulsory registration and C applies to be first registered proprietor. It is not intended to confer priority. It is, therefore, only appropriate where the superior title is either registered with absolute title, or, if unregistered, has been deduced to the registrars satisfaction. [6], A sale agreement on real estate is legally binding even without registration in the land register, the only requirement being certification of the agreement by a notary. This principle was first aired in 1897 but it took until 1925 before the power was introduced for the government to initiate areas of compulsory registration. The effect of section 26 is that a disponee is entitled to proceed, in the absence of such an entry, on the basis that there are no limitations on the owners powers and the disponees title cannot be called into question. 272.The operation of paragraph 12 can best be illustrated by an example: Land is held on trust for A for life, thereafter for B for life, thereafter for C absolutely. They can be very difficult to discover and can be exceptionally onerous. They may also empower the adjudicator to give effect to the application in whole or in part if the defaulting party is the objector. an estate in land, a rentcharge, a franchise or a profit prendre in gross. Such covenants are normally apparent from the lease, so it is unnecessary for them to be noted in the register. It does not have thickness or width and usually, but not always, falls somewhere in or along a physical boundary feature such as a wall, fence or hedge. Registration in the Companies Register under the Companies Act 1985 fulfils a wholly different function from registration in the register of title. Lastly, there is excepted from overriding status a leasehold estate granted to take effect in possession more than three months from the date of grant but which has not taken effect in possession at the time of the disposition. The provisions of the Act involve a move from a position where there is (generally) a 12 year limitation period to where there is no limitation period as such, but where it is possible for a squatter to be registered as proprietor after 10 years adverse possession. Compulsory registration came into force in the 1980-1990 or even later in some counties of Scotland. Land registration in Northern Ireland is operated by Land and Property Services, an executive agency within the Department of Finance and Personnel for Northern Ireland. The proprietor will then have to take steps to evict the squatter, or otherwise regularise the position within two years. Kenya's rapid urbanisation takes toll on Maasai communal land. The Act, therefore gives the Lord Chancellor power to make the use of electronic means for conveyancing compulsory, subject to appropriate consultation. The requirements as set out are in accordance with the Land Registrys current procedures for recording dispositions. 140.A similar procedure applies when a debtor is adjudicated bankrupt and a bankruptcy order is made against him or her. As the register is inaccurate it may be altered to give effect to her rights by registering her as proprietor in place of C, as provided in Schedule 4, paragraphs 2 and 5. 40.Section 11 sets out the effect of first registration as the proprietor of a freehold estate. in respect of a registered disposition, the squatter was immediately before the coming into force of section 97 entitled to be registered as the proprietor of an estate under section 75 (Schedule 12, paragraph 11). C could therefore, in exercise of his paramount powers as mortgagee, sell the land free from Bs right of pre-emption. Paper documents take effect on delivery, the formal transfer of a deed by act or by word to the grantee (or a third party). Purchasers had to satisfy themselves from the title deeds, searches and inspection of the land that the seller had power to sell the land, and that it was subject to no undisclosed obligations. Rules can be made to deal with the circumstances in which interest is payable, and the period and rates of interest that are to be paid. Kidderminster- 01562 820575. The number of dispositions that must be registered is extended, in particular by reducing the length of registrable leases from more than 21 to more than seven years, with a power to reduce it further. 84.The section gives particular - but non-exhaustive - examples of the form that a restriction might take. By contrast, if the claimant has suffered the loss because of a mistake but where the register was not rectified, the maximum sum is the value of the estate, interest or charge at the time when the mistake which caused the loss was made. This amendment replicates this but additionally deals with dispositions in relation to registered land which are not required to be completed by registration (for example, a lease out of a registered freehold title not exceeding seven years). It can be given in the case of a defective title, if the defect will not cause the holding to be challenged. No certificates or guarantees of title are issued: the registry merely endeavours to provide information concerning the deeds lodged against a certain property and, crucially, the order in which they were lodged such as the last named owner or the latest mortgage to be lodged. Section 77 considerably develops this, by providing that a person must not exercise the right to apply for an entry to be added to the register of someone elses title, or for the entry of a notice or object to someone elses application unreasonably and if they do so, they owe a duty to anyone who suffers damage. In the case of a registered leasehold the squatter is registered as proprietor of that leasehold. It also modernises procedures for returning to economic use land which has reverted to Crown ownership (usually in the course of insolvency proceedings). The Law Commission and Land Registry therefore recommend that the new legislation should aim to create the necessary legal framework in which all registered conveyancing can be conducted electronically. Where a company creates a legal charge over its property, that charge will not only be registrable under the Act, but it will also be required to be registered under the Companies Act 1985. For example if a right of way is granted by a deed of grant over land to a neighbouring landowner, the easement will be noted in the register as being something that burdens that land. However, the Land Registration Act 1925 made registration compulsory and it was gradually phased in until by 1990 any transfer of land or property triggered the need to register it at the Land Registry. 318.Paragraph 15 has the effect that Her Majesty may lodge a caution against first registration in respect of Her demesne land for a ten year period (or such longer period as rules may provided) beginning on the day that section 15 comes into force. There are three exceptions. 285.Paragraph 8 A claim for indemnity will be barred by lapse of time. Commencement orders may bring all provisions into force, or may bring only certain provisions into force. As this provision only applies to first registration under the Act, the interests which may be subject to an entry in the register will be registered charges, notices and restrictions. If they transferred the land to a buyer, C, in circumstances that were prohibited by the trust, they would commit a breach of trust. A right of consolidation is the right of a person who has the benefit of two or more mortgages to refuse to allow one mortgage to be repaid unless the other or others are also repaid. London Transport Public/Private Partnership leases will arise out of the arrangements for the future running of the London underground railway. Its intended purpose is to protect actual or potential creditors by making the liabilities of a company apparent on the face of the register. The land will remain subject to any charges or other encumbrances created by the previous owner or his predecessors. Rules may specify the circumstances in which the court is under a duty to order the alteration of the register in situations where the alteration does not prejudicially affect the title of the registered proprietor, i.e. Official searches undertaken in accordance with rules made under section 70 are normally priority searches undertaken by persons acquiring an interest for value. 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