This section is from the book "Dart's Treatise On The Law And Practice Relating To Vendors And Purchasers Of Real Estate", by J. Henry Dart . Also available from Amazon: A treatise on the law and practice relating to vendors and purchasers of real estate.
Whether to building or repairing leases.
Of the third exception it need only be observed, that the words "possession and occupation" are in the conjunctive (t): so that, in order to avoid registration the purchaser must not only buy the present interest in the lease, but must actually become the occupier of the premises.
Leases for twenty-one years, or under.
The Middlesex Registry Act, 1708, has no operation within the City of London (u).
London not affected by Registration Act.
(r) Neve v. Pennell, (1863) 2 H. & M. 170.
(s) 8. 17 of the Act of 1708. As to copyholds, see Sug. 14th ed. 732: S. v. Middlesex Regr., (1888) 21 Q. B. D. 555.
(t) Rigge on Registration, (1798) 88, n.; see Fury v. Smith, (1822) 1 Hud. & B. 735. 751. (u) Sug. 14th ed. 732.
Conveyances of lands taken under the provision of the L. C. C. Act, 1845, are in practice registered in the local registers in the same way as ordinary purchase-deeds.
Of railway conveyances, etc.
By the Crown Lands Act, 1853, s. 6, any deed affecting Crown lands in England or Wales to which the Commissioners of Woods and Forests are parties, and which has been enrolled in the office of Land Revenue Records and Enrolments, does not require registration in the local registry.
Of conveyances by Commission-era of Woods and Forests.
The local registries no longer apply to land which has been registered under the L. T. Act, 1875, as amended by the L. T. Act, 1897, or under the L. R. Act, 1925 (v), so long as it continues so registered.
Local registry superseded where title registered under Land Registry Act.
By s. 18 of the L. C. Act, 1925 (which takes the place of s. 4 of the L. C. Act, 1900), it is made unnecessary, to register under the Middlesex Registry Act, 1708, (a) any deed of arrangement, land charge of Class A., or other instrument made or created on or after the 30th July, 1900; or (b) any land charge (except a puisne mortgage) of Class B., Class C, or Class D., created or made after the commencement of the Act of 1925, which is or was capable of registration under the L. C. Act, 1925, or any enactment replaced by that Act. By 8. 23 (1) of the same Act (the L. C. Act, 1925) it is provided that as respects pending actions, writs, orders, deeds of arrangement, and land charges (not including local land charges required to be registered after the commencement of the Act), the Act shall not apply thereto, if and so far as they affect registered land and can be protected under the Land Registration Act, 1925, by lodging or registering a creditor's notice, restriction, caution, inhibition or other notice.
The memorial of a deed required by local Registry Acts to be registered may be executed (a;) either by the vendor or purchaser, or by their respective personal representatives.
(v) See ss. 135 and 136 of L. R. Act, 1925.
(x) The seal of a corporation aggregate would seem to be sufficient see Doe v. Hogg, (1805) 1 B. &. P. N. R. 306; sup. p. 571.
But one of the two attesting witnesses to the memorial should be a witness who attested the execution of the deed (y). Where the attesting witnesses are dead, re-execution of the deed in the presence of a witness for the purpose of registration is useless (z).
Under the Land Registry (Middlesex Deeds) Act, 1891, the Court has jurisdiction to order the register to be rectified (a).
Rectification of register.
With respect to lands in the three ridings and Kingston-upon-hull, the Yorkshire Registries Acts, 1884 and 1885, have repealed the former Acts, and established one uniform law applicable to the whole county. The Acts applied to all kinds of assurances and to wills (b); and such assurances had priority only according to the date of registration, while wills, if registered within six months of the testator's death, had priority as from the date of his death, but if registered after that period only from the (date of registration (c)., Where any lien or charge on any lands was claimed in respect of any unpaid purchase-money, or by reason of any deposit of title deeds, a memorandum of such lien or charge, signed by the person against whom it was claimed, had to be registered in order to acquire priority over any assurance for valuable consideration (d). A caveat, registered by any person claiming to be entitled to any interest in lands in favour of any person therein named, had the effect of giving to any assurance made between the parties respectively by whom and in whose favour it was given, and registered within six months of the registration of the caveat, priority as from the date of the registration of the caveat (e). If notice of a will, to the proof of which there was some impediment, was registered within six months of the testator's death, and the will was itself subsequently registered within two years of the testator's death, the registration of the notice would for all purposes, be deemed to be registration of the will (f). Any person or corporation in whom lands had vested by statute without any conveyance, might register an affidavit of such vesting (g). No protection was afforded by the legal estate or by tacking (h); and all priorities given by the Acts were to be destroyed only by actual fraud, and no priority would be lost, either by actual or constructive notice, unless tainted with fraud. But a volunteer would not, by means of registration, obtain a better title than the person through whom he claimed; nor would registration make good any disposition which would otherwise have been fraudulent and void (i). A purchaser who claimed under a registered instrument still had the same right to relief as the person through whom he claimed against anyone who claimed under an instrument, later in date, but earlier in registration (k).
Yorkshire Registries Acts, 1884 and 1885.
(y) See R. v. Middlesex Registrar, (1888) 21 Q. B. D. 555.