(n) Above, pp. 1081 sq.

(o) Stat. 38 & 39 Vict. c. 87, s. 84, amended by 60 & 61 Vict, c. 65, First Schedule; Land Transfer Rules (1903), 46, 223.

(p) Above, pp. 426 sq.

We see, then, that a purchaser of registered land is in effect relegated to the ordinary methods of investigation of title as regards any estates or interests which come under the description of (1) registered incumbrances prior to first registration, whereof the proprietorship is not registered (s); (2) matters declared by the Acts not to be incumbrances, or (3) estates or interests exempted from the effect of registration, with a qualified, good leasehold or possessory title (t); but that, except in respect of these estates or interests, his security lies in the inspection of the register and in the effect given by the Acts to a registered transfer for valuable consideration (u). If the land purchased be subject to any estates or interests of the second or third kind (x), the purchaser must make the same searches in respect thereof as would be necessary on a purchase of unregistered land, according to the circumstances of the case (y). But except in these respects - that is to say, as regards the estate which will be vested in the purchaser by the registration of the transfer to him - it is thought that he need make no searches outside the Land Register, other than in Bankruptcy; for it appears that all such interests as are guarded against by searches on the sale of unregistered land (z) will bo extinguished, in the case of registered land, by the effect of a registered transfer for valuable consideration (z). Thus it is thought that the charge obtained by the registration of a writ or an order enforcing a judgment or Crown debt against the land (a) would be so extinguished, as would all annuities (b) and land charges (c) not entered in the register. With respect to lis pendens, we have seen (d) that the interests, which are extinguished by the registration of a transfer for valuable consideration of registered land, appear to include not only all estates and interests strictly so called, but also all bare rights of entry on or of action to recover the land (d), and all bare rights to set aside a conveyance for fraud or other cause. It seems, therefore, that any claim to or over the land, which might be asserted in a lis pendens, would be extinguished by the registration of a transfer for valuable consideration. And it follows that a purchaser of registered land may in general disregard any lis pendens affecting the same, which is registered as such, or of which he has express notice (e), unless the person interested thereunder be protected by a registered caution or inhibition (f). Search in bankruptcy may possibly not be necessary on the sale of registered land: but it is thought to be advisable to make the same search in bankruptcy against the vendor's name as if the land were not registered (i).

Searches on purchase of registered laud.

(q) Above, p. 1061, n. (q,r). (r) Above, pp. 1081 sq.

(s) Above, p. 1068. (t) Above, pp. 1061, n. (q, r), 1064, 1066.

(u) Above, pp. 1065, 1073. (x) With respect to any registered incumbrances prior to first registration, all that is necessary appears to be that they shall be cleared off the register; after which the registered transfer to the purchaser will have full effect; above, pp. 1066 - 1069. (y) Above, pp. 511 - 538.

Judgment creditor's charge.

Annuities.

Land charges. Lis pendens.

Bankruptcy.

(z) Above, pp. 1061, n. (p, q, r), 1073.

(a) Above, p. 511.

(b) Above, p. 517. Annuities charged on registered land may be registered as charges thereon; stat. 60 & 61 Vict. c. 65, s. 9 (3); Land Transfer Rules (1903), 160.

(c) Above, pp. 518 - 523. Under the Land Transfer Rules (1903), 1 (3), 170, all land charges, as defined therein, are capable of registration, and the definition given not only includes laud charges as defined in the Land Charges Act, 1888, but extends to all rents or annuities or principal moneys charged on land in the manner mentioned in that Act, whether upon the application of any person or not. This appears to comprehend charges so imposed on land against the owner's will, as under sect. 257 of the Public Health Act, 1875, or the Private Street Works Act, 1892; see above, pp. 142, 386, n. (f), 455, 523.

(d) Above, p. 1083.

(e) Above, pp. 523, 524.

(f) See above, pp. 1081 & n. (r), 1083, 1084.

In searching the Land Register, a purchaser of registered land should examine the Property, Proprietorship and Charges Registers (k), the filed plan of the land registered (l), the list of pending applications, and the Day List (m). As we have seen (n), the purchaser may either search the register himself or procure an official search to be made and an official certificate of the result of the search to be issued (o). This search should be made up to the last minute before the application is handed in for a priority notice or for provisional registration in order to complete the purchase (p); so that it may be ascertained that no application is pending which may possibly take priority over the transfer to the purchaser. If the purchase is to be completed at the Land Registry without a priority notice or provisional registration (q), or is to be completed by securing the purchaser's final registration before payment of the price (r), the search should be made up to the time of delivery of the application for the purchaser's registration.

The search in the Land Register.

On every sale of registered land, the purchaser must make the same inquiries as are necessary on the sale of unregistered land (s) to ascertain that the possession or enjoyment of the land is in accordance with the title shown. For the land might be subject to some tenancy, easement or right which is not disclosed by the contract, and is amongst the things declared not to be incumbrances (t). It is thought that if the result of these inquiries be to ascertain the existence of some unregistered interest in the land (u), which would be extinguished by the registration of a transfer to the purchaser (such as a prior contract of sale or a right of preemption), he may nevertheless proceed with his own purchase, so long as the person entitled to the unregistered interest refrains from asserting the same by some entry in the register (x).