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.
(z) Essex v. Baugh, (1843) 1 Y. & C. C. C. 620; 11 L. J. N. S. Ch. 374.
(a) Stephenson v. Yorke, 1900, 1 Ch. 505; 69 L. J. Ch. 253.
(b) Yorkshire Registry Act, 1884, ss. 3 and 4. See now the L. P. Act, 1925, s. 11 (2); sup. p. 585.
(c) S. 14. See generally, inf. p. 730 et seq. (d) S. 7.
(e) S. 10, repealed and re-enacted by the Act of 1885, 8. 3.
The Yorkshire Registries Acts do not extend to any lease not exceeding twenty-one years or any assignment thereof, where accompanied by actual possession from the making of such lease or assignment (l).
As respects lands situate in the Bedford Level, it appears that conveyances omitted to be registered under the Bedford Level Act (m) are nevertheless valid for all purposes, except for entitling the grantees to the privileges conferred by the Act on the owners of lands within the Level, and for the other purposes of the Act (n).
Since the passing of the S. L. Act, 1925, an assurance of land for charitable purposes does not require to be attested by two witnesses or to be enrolled at the Central Office; but it must be forwarded to the Charity Commissioners for the purpose of being recorded in their books (o).
Registration under Bedford Level Act.
(f) S. 11. (g) S. 13.
(h) Yorkshire Registries Act, 1884, s. 16.
(i) S. 14; and see Cooper v. Vesey, (1882) 20 Ch. D. 611; 51 L. J Ch. 862; Battison v. Hobson, (1896), 2 Ch. 403; 65 L. J. Ch. 695. (k) S. 17.
(l) S. 27 of the Act of 1884. (m) 15 Car. 2, c. 17. (n) Willis v. Brown, (1839) 10 Si. 127; 8 L. J. N. S. Ch. 321.
By the provisions of the Duchy of Cornwall Management Acts, 1863 to 1892, every deed or instrument whereby any hereditaments forming parts of the Duchy are sold, leased, or disposed of, under the Act, must be enrolled in the office of the Duchy within six months from its date (p).
Enrolment on alienation of lands within Duchy of Cornwall.
Where the vendor is tenant in tail, it was essential to the validity of the deed, as against the issue in tail and remaindermen, that it should be enrolled within six calendar months after its execution by the vendor (q): but the position has been altered by the L. P. Act, 1925. An estate tail can now only exist in Equity, and the property may be disentailed either by deed or by will, and no enrolment is necessary (r).
On sale by tenant in tail, disentailing deed to be enrolled.
If there is a protector of the settlement (s), and his consent to the assurance is given by a separate deed, such deed must be executed on or before the day on which the assurance is made by the tenant in tail (t). Where a married woman is protector in right of her separate estate, she can, without her husband's concurrence, consent to an absolute disposition by the tenant in tail(u). Where the tenant in tail in possession is a lunatic, the Lord Chancellor has a discretionary power under the Act to consent to the first tenant in tail in remainder barring the entail (x).
Consent of protector.
When a married woman.
When a lunatic.
(o) S. L. Act, 1925, as. 29 (4) and 119, and 5th Sch.
(p) See these Acts as to alienation of lands forming part of the Duchy.
(q) Fines and Recoveries Act, 1833, 8. 41.
(r) Ss. 133 and 176 of the L. P. Act, 1925.
(s) There is no power to appoint a special protector of a settlement coming into operation after 1925, the provision contained in s. 32 of the Fines and Recoveries Act, 1S33, enabling such appointment to be made, having been repealed by the L. P. (Amend.) Act, 1924, and the 7th Sch. of the L. P. Act, 1925.
(t) Fines and Recoveries Act, 1833, ss. 42 and 46.
(u) Ss. 24, 45; M. W. P. Act, 1907, s. 3.
(x) See s. 48; Re Blewitt, (1856) 6 D. M. & G. 187; 25 L. J. Ch. 393. See also, as to the powers of the L. C. as protector, 8. 33; and Lunacy Act, 1890, s. 108; Grant v. Yea, (1834) 3 M. & K. 245. And sec L. P. Act, 1925, s. 171 (2); Re Freeman, 1927, 1 Ch. 479.
By s. 129 (1) of the L. P. Act, 1922, so long as any of the manorial incidents saved by the Act remain unextinguished as respects any enfranchised land, an assurance of the same is to become void, so far as the grant of a legal estate, unless the assurance is produced to the steward of the manor within the period therein mentioned; i and (by sub-s. (2)), on such production and on payment of the fines, etc. payable, the steward is to endorse the assurance with a certificate. By sub-s. (5), these provisions do not apply in the case of land registered under the L. T. Acts, 1875 and 1897, or the L. R. (Act, 1925, and by sub-s. (9), for the purposes of the section, the expression "assurance does not include a will, or a grant or assignment of a lease or tenancy for a year or less, or from year to year, but includes an assent by a personal representative, an order of the Court and a vesting declaration." By s. 130 of the L. P. Act, 1922, until the manorial incidents saved by the Act are extinguished, the same fines (subject as therein mentioned) are to be payable on any transaction which would have been payable if the land had remained copyhold and the transaction had been effected by a customary assurance (y).
Chap XII. Sect. 7.
Enfranchised copyholds: production to steward.
Where the estate is not in a register county, and the title deeds are retained by the vendor, it is prudent for the purchaser to procure indorsement of notice of his conveyance upon the leading document of title; that is, upon the document which the vendor would have to produce in proof of his title were he to attempt to make any disposition of the estate inconsistent with the rights of the purchaser. This has been referred to judicially as merely an ordinary and proper precaution (z); but it is conceived that (except in cases falling within s. 137 (4) of the L. P. Act, 1925 (a), or s. 36 (5) of the A. E. Act, 1925), a purchaser has no right, independently of agreement, to insist upon such an indorsement. Such indorsement should not only specify the date of, and parties to, the conveyance; but also particularise the property therein comprised; for, if so worded as to leave any doubt as to the extent of property comprised in the conveyance, the production of such conveyance would be necessary upon any future dealing with the residue of the estate.