Purchase from an incum-brancer, prior to first registration, not registered as proprietor of the incumbrance.

{g) Above, p. 1061, n. (r). (h) Above, p. 1067. (i) Above, pp. 1067, 1069. (k) Above, pp. 1061, n. (p), 1073.

(l) Above, pp. 1068, 1069. (m) Above, pp. 338 sq. (n) Above, pp. 369 sq. (o) Above, pp. 1059 - 1062.

(p) See stat. 60 & 61 Vict. c. 65, s. 20 (1, 2); above, pp. 369, 370.

(q) Above, pp. 1061, 1062.

(r) Because the vendor could not confer a title under which an application for first registration could be made; see above, n. (p); Cozens-Hardy, L. J., Capital and Counties Bank, Ld. v. Rhodes, 1903, 1 Ch. 631,656,657.

(s) Under the general law of sale, it is the duty of the vendor of an unincumbered estate in fee simple to get in all outstanding interests, whether paramount to his own or not; see above, pp. 34, 130 - 134, 446, 539, n. (q), 542, 962, 963.

(t) Above, pp. 372, 373, 645, 646, 1080, n. (o).

(u) Above, pp. 1092, 1095.

{x) Above, pp. 1074 - 1081.

(y) Above, pp. 1066,1069.

(z) Stats. 38 & 39 Vict. c. 87, s. 27; 60&61 Vict. c. 65, ss. 9(1), 22 (6, c); Land Transfer Rules (1903), 175; below, p. 1123. It does not appear that in this case the vendor would have the right to procure himself to be registered as proprietor of the land.

{a) Providing that, when the power of disposing of registered land has, by the operation of any statute or statutory power or by order of Court or by paramount title, become vested in some person other than the registered proprietor (as, for instance, in the case of a deed poll executed under sect. 77 of the Lands Clauses Consolidation Act, 1845, or of a declaration vesting an estate contained in or made under or by virtue of any statute, or of a sale by a mortgagee with a title paramount to the title registered) and the registered proprietor refuses to execute a transfer, or his execution of a transfer cannot be obtained, or can only be obtained after undue delay or expense, the registrar may, after due notice under these rules to each proprietor, and on production of the land certificate, and such evidence as he may deem sufficient, make such entry in or correction of the register as under the circumstances he shall deem fit. And by r. 152, on a disposition by a mortgagee or other person under or by virtue of any estate, right, interest or power not affected by the registration, or entered as an incumbrance prior to registration, the registrar may dispense with the production of the land certificate; see above, p. 1062, n. (c).

Searches.

(b) And also of the certificate of charge, if any chargee concur in the transfer.

(c) Stat. 60 & 61 Vict. c. 65, s. 8 (4); above, p. 1065, n. (o).

(d) Above, pp. 1074 sq., 1079 & n. (m), 1081.

(e) Consider the terms of r. 151, above, n. (a).

(f) Above, p. 1067.

(g) Above, pp. 1086 - 1088.

(h) Above, p. 1120, n. (a).

(i) Above, pp. 511 sq.

Where the mortgage was made prior to the mortgagor's registration as first proprietor with a possessory title, the same principles apply, but the circumstances are different. The title must be investigated and searches made in the same manner as if the land were not registered (k). But it is doubtful whether the vendor is a vendor of registered land within the above mentioned enactment; for, although the land has been already registered with a possessory title, it seems that he can confer a title under which application may be made for first registration with an absolute title (l). It appears, however, that for this reason, if the land sold be situate in a district where registration is compulsory, the purchaser would not obtain the legal estate unless or until he were registered as the proprietor thereof (m). So that he would in any case be entitled to require the vendor to procure, at his expense, his registration as proprietor of the land (n). It appears that this can only be effected either by a transfer from the registered proprietor and his registered incumbrances, if any, or by an application under rule 151 (o). The sale should, it is thought, be completed by an unregistered assurance of the land to the purchaser, in which the vendor should covenant against incumbrances (p), followed by his registration as proprietor of the land to be obtained in either of the above mentioned ways; and the purchase money should be paid according to the mode of completion adopted (q).

Purchase from a mortgagee selling under a mortgage prior to registration with a possessory title.

Where the vendor is the registered proprietor of a registered incumbrance prior to first registration with an absolute title (r), it appears to lie in the purchaser's option whether he will investigate the title off the register or not (s); but it seems that he must do so, in the same manner as if the land were not registered (t), as he cannot ascertain from the entries in the register whether the power of sale has become exercisable or not (u). The vendor, being registered as the proprietor of the incumbrance under which he is selling, is enabled by the Land Transfer Acts (x) to give effect to his power of sale, when exercisable, by transferring the land, on which he has the registered incumbrance, in the same manner as if he were the registered proprietor thereof. What the purchaser has to ascertain, therefore, by investigation of the title and inspection of the register is that the vendor is the registered proprietor of a registered first charge prior to registration with an absolute title, that he has the power of sale, and that the power of sale has become exercisable (y). The purchaser need make no searches outside the Office of Land Registry, except in Bankruptcy (z). Completion should, it is thought, be effected by a separate assurance of the land, in which the vendor should covenant against incumbrances (a), together with a registered transfer from the vendor in exercise of his statutory power in that behalf; and the purchase money may be paid as above mentioned in discussing the proper mode of completing an open contract to purchase registered land (b). There will be no need to produce the land certificate to procure the purchaser's registration, but production of the certificate of incumbrance will be required (c).