This section is from the book "Real Property, An Introductory Explanation Of The Law Relating To Land", by Alfred F Topham. Also available from Amazon: The New Law Of Property.
By various Acts of Parliament, most of which are now to a great extent superseded by the Land Charges Act of 1900 (a), the following claims against land must be registered
(A) in the office of land registry in London (b): -
(1) Judgments and writs of elegit, as we have seen (p. 110).
A bond fide purchaser of land will acquire the land free from any writ of elegit obtained by a creditor, unless the writ is registered and re-registered every 5 years.
Therefore a purchaser should always search in the register for 5 years back, to see whether any such writs are entered against the name of the seller or other persons entitled to the land during the last 5 years.
(2) Debts due to the Crown.
(3) Lites Pendentes.
A Us pendens is an action which has been commenced against the owner of land, claiming the land or any rights, over it. If the owner sells the land during the pendency of the action, the purchaser will be bound by the result of the action if the claimant has registered his claim as a lis pendens.
(a) G3 & 64 Vict. c. 26.
(b) For a fuller summary of the searches that should be made see " Williams on Vendor and Purchaser," p. 527.
Annual sums granted to persons for their lives and charged on land should be registered in the same way.
(5) Deeds of Arrangement.
A deed, by which a debtor assigns his property to a trustee for the benefit of his creditors generally, is void unless it is registered.
(6) Land Charges.
Under certain Acts of Parliament, such as the Improvement of Land Act, 1864 (c), money may be raised for the purpose of improvement of the land and other purposes, and becomes by virtue of the Act a first charge on the land.
(B) On other registers.
(1) Copyhold Lands. - All dealings with copyhold lands are usually entered in the court rolls.
(2) Lands belonging to a Company. - Mortgages granted by a company must be registered in certain registers (d).
(3) Bankruptcy. - If the seller has become bankrupt, his land will have vested in his trustee in bankruptcy, and he will have no power to sell it. The fact of his bankruptcy will be registered at the Bankruptcy Office.
Consequences of non-registration: in the case of all of these matters, if they are not registered, they do not affect the land, if bought by a bond fide purchaser for value. But annuities, though not registered, will be binding on a purchaser for value if he has notice of them (e).
(c) 27&28 Vict. c. 114.
(d) See the author's " Principles of Company Law," 2nd edition, pp. 158,159.
(e) William's" Vendor and Purchaser," p. 386.