166.Section 103 incorporates the provisions of Schedule 8. This section introduces Schedule 6 which makes provision for such registration. 4 When title must be registered (1) The requirement of registration applies on the occurrence of any of the following events (a) the transfer of a qualifying estate (i) for valuable or other. The section also includes a further deeming provision. Paragraph 8, however, provides that an interest which, immediately before the coming into force of Schedule 3, was an overriding interest under section 70(1)(g) of the 1925 Act by virtue of a persons receipt of rents and profits is to be an unregistered interest that overrides registered dispositions under Schedule 3, but it will cease subsequently to be such an interest if that person ceases to be in receipt of rents and profits. This changed with the introduction of the 1925 Land Registration Act. This section creates a completely independent office for adjudication, and will continue a system of determinations which are cheap, swift and more informal than court hearings. one which on creation ranks in priority ahead of other mortgages affecting the mortgaged estate) out of a legal freehold estate, or a lease with more than seven years to run. Section 75 enables the registrar, subject to rules, to require a person to produce a document for the purposes of those proceedings. Apart from an estate, land may have the benefit of or be subject to other interests, which are rights and obligations relating to the land, belonging to the owner or to a third party. The very first property to become registered was a year later in 1863. An example of where it might be appropriate for the registrar to exercise his power is if the restriction requires a consent by a named individual and he or she has disappeared. The 1925 Act made no distinction between those interests which are overriding on first registration and those that were overriding on a disposition of registered land. It is therefore necessary to ensure that the document makes specific provision for the time and date when it takes effect, to replace the concept of delivery. The grant of a lease exceeding seven years in length will under the Act trigger first registration. If his consent was not obtained in advance he may still award costs if those costs and expenses were incurred urgently (so that it was not possible to get his consent) or where the costs and expenses were subsequently approved by him. 136.Registered estates and charges (and other property) pass to the Crown as bona vacantia where there is no other beneficial owner. It will, therefore, best be introduced in stages, starting with the simplest transactions and progressing to the more complex. Electronic conveyancing enables the gap to be eliminated: electronic documents can be executed at the specified time and date, and simultaneous and automatic changes made to the entry in the register. In 1940, after damage sustained in the 193rd air raid on Central London, HM Land Registry was evacuated to the Marsham Court Hotel in Bournemouth so that it could carry on its normal business. The first compulsory area was. Except for the cases explicitly provided for by law, the respective agreement becomes binding only upon its registration. The old title would then be closed. 61.This section sets out those dispositions of registered land that must be completed by registration if they are to operate at law. The exception is that upon the application of a person who appears to have a sufficient interest in the restriction, the registrar may order that the restriction be disapplied or modified in relation to a particular disposition or disposition of a specified kind. The effect is that a mortgagee will hold the surplus on trust for any subsequent mortgagee of whose mortgage it has notice, actual, constructive or imputed. At present, in broad terms, where a squatter has been in adverse possession of land for the required period (the basic period is twelve years, the period within which actions for the recovery of land must be commenced), the proprietor of the land holds the land on trust for the squatter who may apply to be registered as proprietor of a new estate, where the registered land is freehold, or as proprietor of the registered estate where that estate is leasehold. Where the proprietor does object, the application will be rejected unless the squatter can meet one of three limited exceptions. The circumstances for registration of a possessory title are the same as with freehold. It is likely that the rules will provide for the payment of interest from the date of a mistake where the maximum sum recovered in respect of the loss of an estate, interest or charge is taken to be its value at the date when the mistake was made (see paragraph 6). This is achieved by omitting manors from the interests in land which may or must be registered. hayfield secondary school address. An explanation of the categories of lease which are registrable under, Lease out of franchises and manors are made registrable under. (Schedule 2, paragraph 5). A legal boundary deals with the precise separation of ownership of land. Details of cautions against first registration are currently kept on a caution title. The fee order, as under the current system, may stipulate how the fees should be paid. This means that registered proprietors will have one year from the coming into force of the rest of the Act to take proceedings against any squatter who might fall within paragraph 5(4) or otherwise regularise his or her position so that he or she is no longer in adverse possession. The rules as to the competing priority of interests in registered land are clarified. To protect a right or claim (which need not be proprietary) in relation to a registered estate or charge: a restriction to protect a claim by a person that he or she has a beneficial interest in the property under a resulting or constructive trust because he or she has contributed to the cost of its acquisition; or a restriction entered in respect of an order appointing a receiver or sequestrator; or a restriction entered in respect of a charging order relating to an interest under a trust. Rules can be made to deal with the circumstances in which interest is payable, and the period and rates of interest that are to be paid. Examples of cases where restrictions might be employed using such form are: to reflect a freezing injunction granted over a registered property; where the registered proprietor (typically a corporation or statutory body) has limited powers of disposition; and where under a registered charge the chargor agrees with the chargee to exclude his or her statutory power of leasing under the Law of Property Act 1925, section 99. An explanation of the two categories of lease granted out of the registered estate that are not registrable (a lease of less than seven years or less, or a London Transport Public/Private Partnership Lease) is to found in paragraphs 26 and 145. If this is done then it will be necessary to make consequential amendments (and possibly transitional provisions). 328.In relation to leases granted prior to 1996, a tenant who assigns a lease remains liable to the landlord on the covenants in that lease for its entire duration notwithstanding any assignment by him or her of that lease. The exception in favour of chargees means that section 15 of the Limitation Act 1980 will continue to apply to an action by a chargee for possession or foreclosure, to enforce its security. One of the objectives of the Law Commission and Land Registrys report is that registration alone should confer title. 269.Paragraph 10 applies where an applicant is registered subject to a such a registered charge and the charge affects other property. Possessory title is only appropriate where the applicant is either in actual possession or in receipt of the rent and profits from the land, and there is no other class of title which may be registered. First, compulsory registration is triggered by specified types of transfer of a qualifying estate, which is defined as either a legal freehold estate, or a legal lease with more than seven years to run. If in either of these cases the proprietor or chargee were to bring fresh proceedings the squatter would have a defence and the court would be required to order the registrar to register the squatter as proprietor of the land, under subsection (5). and so the title to such an estate or rentcharge cannot be extinguished. It is an invisible line dividing one person's land from another's. Where a mortgagee exercises its power of sale the proceeds are held in trust. Currently, only leases with more than 21 years to run may be registered voluntarily. A district registries order may specify the office to be used either on the basis of the geographical location of the land affected, as now, or on the basis of application type, enabling special expertise to be built up, or applications relating to a single, very large development to be handled more effectively. 154.Section 94 empowers the registrar to take such steps as he thinks fit to secure the provision of an electronic settlement system in relation to transactions involving registration. Although their priority is protected without the need for registration, section 71 enables an obligation to be imposed on applicants to disclose known unregistered interests so that they can be recorded in the register. If the matter cannot be disposed of by agreement, it must be referred to the adjudicator. Rules will govern how applications are made and processed, including the issue of the results of search. The section lists the persons who have a right to apply for the upgrading of the title but also provides that if there is a claim outstanding at the time that the power to upgrade would be exercised, which is protected by the fact that a lower grade of title has been awarded, then the registrar cannot exercise his power. 299.Paragraph 19 will amend paragraph 1 of Schedule 2A to the Building Societies Act 1986 to refer to the Act paragraph 1 will only deal with discharges of mortgages of unregistered land. This is likely to provide that no disposition is to be made of the estate except by order of the court, or by or on the direction of the Crown Estate. The other four apply in respect of a lease granted by the proprietor of a registered estate or charge where that grant constitutes a registrable disposition required to be completed by registration. The county boundary is at the seaward limit of that estuary as determined by the Ordnance Survey. Section 58 provides for the continuation of that principle so that if, for example, a person is registered as proprietor on the strength of a forged transfer, the legal estate would nevertheless vest in the transferee by virtue of registration. The noting of a contract is not often undertaken at present but will become necessary once contracts to make a disposition of a registered estate or charge take effect only on registration. The essence of the present law is that the priority of interests in registered land is normally determined by the date of their creation, regardless of whether or not they are protected in the register. At present there is an offence concerned with the suppression of documents and facts relating to title in proceedings before the registrar or court and one concerning the fraudulent procurement of changes to the register or to any land or charge certificate. That may happen in two situations. A chargee can charge the indebtedness which the registered charge secures by way of sub-charge. The estate in respect of which the application is made need not have been registered throughout the period of adverse possession. As now, the registrar will not provide legal advice. After 1996 it has not been possible to create a new settlement. Initially registration was voluntary. There could therefore be a perception that he is not sufficiently independent. The consequence of this is that a landlord may not be able to recover unpaid rent from the guarantor if the tenant fails to pay. 236.Paragraph 9 gives the registrar power to pay such costs as he sees fit in cases where the register is altered by him, whether that alteration occurs through his own initiative or as a result of a court order served on him. 254.Paragraph 5 provides that if the applicant can show that one or more of three conditions applies, the applicant is entitled to be registered as the new proprietor of the estate. Power is given to the Lord Chancellor to amend the registration requirements applying to a right of entry contained in a lease. The approach followed is that in the Insolvency Act 1986 which protects a. This largely reproduces the power to award costs under the existing legislation. Examples of demesne lands of the Crown are: most foreshore, land which has escheated to it and its ancient lands which have never been granted as a freehold estate. The adjudicator will continue in office until the term of the appointment ends. Section 50 imposes a new duty on the registrar to notify such persons as are set out in rules (likely to be chargees whose interests are protected in the register) of statutory charges being entered in the register which have priority to existing registered charges. Squatters still in adverse possession after two years will be entitled to be registered as proprietor. The Law Commission and Land Registry therefore recommend that the new legislation should aim to create the necessary legal framework in which all registered conveyancing can be conducted electronically. 237.Paragraph 1 Amendment of entries in the register simultaneously with the execution of conveyancing documents is likely to be a feature of electronic conveyancing. Revised recommendations, amended in the light of the consultation response, were published in Land Registration for the Twenty-First Century: A Conveyancing Revolution on 10 July. 241.Paragraph 5 The Lord Chancellor may make rules covering the procedure to be followed throughout a transaction being undertaken through the network, including provisions about the supply of information to the registrar relating to unregistered interests, including overriding interests (compare section 71 and see paragraph 6 below). 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