Discharge of registered incumbrances.

Of the power of sale conferred by the charge, it may be registered, and a new land certificate may be issued to the purchaser, without production of the former land certificate; stat. 60 & 61 Vict. c. 65, s. 8 (4).

(p) See stat. 60 & 61 Vict. c. 65, 8. 8; Land Transfer Rules (1903), 164.

(q) Above, pp. 1063, 1064.

(r) See above, pp. 1058, n. (c), 1061, n. (q, r).

(s) Above, pp. 1059 - 1061.

(t) Above, p. 1061, n. (q).

(u) See stat. 38 & 39 Vict. c. 87, ss. 19, 28; Land Transfer Rules (1903), 17, 166, 216, 217.

(x) See Land Transfer Rules (1903), 19 - 21, 46, 49, 175.

Incumbrances prior to first registration.

Instrument of discharge.

{y) See stats. 38 & 39 Vict. c. 87. ss. 22-28; 60 & 61 Vict, c. 65, s. 9 (2 - 5); Land Transfer Rules (1903), 97 sq., 158 sq.

(z) Above, p. 1061.

(a) See Land Transfer Rules (1903), 175 - 181.

(b) Stat. 38 & 39 Vict. c. 87, s. 19, amended by 60 & 61 Vict. c. 65, First Schedule.

(c) Land Transfer Rules (1903), 216; see rules 34 - 36, 166, 335, and First Schedule, Form 48.

(d) Ibid. r. 217. It appears cumbrance is not registered.

26 (2)

Where the proprietorship of the incumbrance is registered.

Where the proprietorship of the inthat an instrument of discharge need not be executed as a deed, but must be signed by the registered proprietor of the charge; rr. 107, 166, 177. Such signature should be attested; but cf. rr. 107, 108 with Form 48 in First Schedule.

Ibid. r. 181; above, p. 1062, n. (u).

(f) Above, p. 1058, n. (c).

(g) Their title is required to be proved in the registry before they can be entered as proprietors of the incumbrances; Land Transfer Rules (1903), 175.

(h) Land Transfer Rules(1903), 1C6, 182.

Registered charges subsequent to registration.

(i) Above, p. 1067.

(k) Stat. 38 & 39 Vict. c. 87, s. 28, amended by 60 & 61 Vict, c. 65, First Schedule.

(l) See note (d), above.

(m) Land Transfer Rules (1903), 166.

(n) Above, p. 1062, n. (u). (o) Above, pp. 648, 651. [p) Above, p. 1068.

Besides getting in all outstanding estates, interests or rights, which would not be conveyed or extinguished by a registered transfer, a purchaser of registered land must see that the vendor's title is not impeached or affected by any registered notices, cautions, inhibitions or restrictions. An inspection of the register will show whether any notices, cautions, inhibitions or restrictions (t) have been entered with respect to the land sold; and if there should be any such, the purchaser should require the vendor, in the case of cautions or inhibitions, to procure their removal from the register (u), and in the case of restrictions, either to procure their removal from the register or to procure the conditions imposed thereby to be complied with, as the circumstances of the case may require. In the case of notices, which are either of leases or agreements for leases, where the term granted is for or determinable on life, or exceeds twenty-one years, or where the occupation is not in accordance with the lease or agreement, or of estates in dower or by the curtesy, or of liens by deposit of the land certificate, what appears on a sale by open contract of land in possession is that the vendor cannot make a good title without the concurrence of some other person; and the purchaser should take the same course as he would adopt if similar facts were disclosed on the investigation of title to unregistered land. If the interest of the other person be such that the vendor is entitled, either absolutely or on the terms of paying him off, to direct him to concur in the conveyance to the purchaser, the purchaser should require the vendor to obtain such concurrence. If the vendor should have no such right to direct the other person to convey, the purchaser would be entitled to object to the title; but he might, instead of repudiating the contract, require the vendor to procure the other person's concurrence in the sale (x).

Notices, cautions, inhibitions, restrictions.

(q) Above, p. 560. It seems that in this case the purchaser may disregard any notice, which he may receive off the register, that the registered proprietor of the incumbrance or charge is a trustee; below, pp. 1081 sq.

(r) Above, p. 1067, & n. (d).

(s) Above, p. 1062, n. (u).

(i) See stat. 38 & 39 Vict. c. 87, ss. 53 - 59; Land Transfer Rules (1903), 223 - 242.

(u) The purchaser should not, it is thought, make any inquiry as to the interest of any person entitled to the benefit of a caution or an inhibition; he should simply require the same to be removed.

The purchaser of registered land must not only obtain the evidence to be afforded by inspection or certified copies of the register, but must also require the land certificate to be produced for the purpose of completing the transfer of the land sold to himself, for without this his own registration as proprietor of the land cannot be effected (y). Thus, although possession of the laud certificate is no guarantee that the vendor is registered as proprietor of the land (z), its absence cannot be disregarded. The vendor may have created a lien on the land sold by depositing the land certificate as security for an advance (a); and notice of such a transaction need not, although it may (b), appear on the register. If the vendor should have so charged the land, the essential thing for the purchaser to secure is that the land certificate shall nevertheless be produced as above required, and the registered notice (if any) of the deposit withdrawn (c). If the chargee require the whole or any part of the purchase money to be paid to him as the condition of allowing this, the condition must of course be complied with: but if not, it appears that, provided the land certificate be produced and the registered notice withdrawn as aforesaid, the purchaser need not have regard to any notice (outside the register) which he may receive of the charge (d). And if a chargee by deposit of the land certificate should allow the same to be produced and given up for the purpose of completing a registered transfer from the registered proprietor of the land, without insisting on being first paid off, it appears that he would be estopped from asserting any claim that he would otherwise have had to receive payment of the purchase money to such an extent as would be necessary to satisfy his charge (e).