Subsection (7) makes provision for a situation in which a person holds land under one lease, but has been granted another to take effect on or shortly after the first expires. Section 72(2) makes new express provision for the protection of priorities, and confirms that an application is protected if there is a priority period in existence under a search and the application is made before the priority period has come to an end. 113.Section 66 provides that, subject to any exceptions specified in rules, anyone may inspect and make copies of the register of title together with any other document either referred to in the register or kept in relation to an application affecting that register. 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. It is unlikely that anything else will appear in the register. 244.Paragraph 8 Under the present law, a conveyancer does not have implied authority to sign a contract for the sale or purchase of an interest in land on behalf of his or her client. 192.This section, amongst other things, provides for the possibility that where an entry in the register relating to the legal estate refers to a document kept by the registrar which is not an original (for example, a document setting out restrictive covenants which purports to be a full copy of the original) the document may not be an accurate copy of the original. The Act includes provision enabling the Registry to provide consultancy and advisory services. A person may, however, be registered only with qualified title, if the registrar considers that the applicants title can only be established for a limited period, or subject to certain reservations. But a squatters right to be registered as proprietor does not count for this purpose. Secondly, anyone suffering loss because of the upgrading of a class of title (see section 62) will be entitled to indemnity as if there had been a rectification of the register. After 1996 it has not been possible to create a new settlement. The section lists a number of matters which may be covered by the rules. 321.It is necessary to make transitional provisions to accommodate the very substantial changes to the law relating to adverse possession and registered land that the Act will make, and to ensure that vested rights are preserved. 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. Section 64(1) is (along with the remainder of the 1925 Act) repealed by Schedule 13 to the Act and the circumstances when land certificates are to be produced to the registrar are left to rules under the Act. This replicates the power given to the Solicitor to HM Land Registry under the present law and is likely to be used: when the application raises an important or difficult point of law; when there are complex disputes whose resolution is better suited to the court process; when other issues between the parties are already before the courts; or to make use of the wider powers available to the court, for instance, the award of damages for lodging an objection without reasonable cause. The section also provides a third and novel method of achieving the same priority for two advances by recording a maximum figure for the total money lent. Any encumbrances to which the former title was subject and which still subsisted in relation to the new estate would be entered in the register of the new title. Section 49(1)(f) to (k) of the 1925 Act enables certain matters also to be protected by means of a notice. The first compulsory area was. It will be appropriate where the superior title is neither registered nor deduced. 163.Subsection (7) enables rules to made about the recovery of rentcharges. Where the Crown is the direct owner of its land (known as demesne land), it does not hold an estate. Some of the interests are common to both categories. The same principles applied to court proceedings for rectification apply to proceedings before the registrar. This provision is new, and is designed to avoid a conveyancing trap that such reversionary leases may create. The Act establishes such a system. So where a section or part of a section does not seem to require any explanation or comment, none is given. A right of consolidation is the right of a person who has the benefit of two or more mortgages to refuse to allow one mortgage to be repaid unless the other or others are also repaid. Entry in the Unified State Register of real property rights is a necessary and sufficient condition for the emergence of property rights to real estate. Under this section, when the registrar enters a unilateral notice, which may be entered without the proprietors consent, in the register he must give notice to the affected proprietor and to such other persons as may be prescribed. The holes in the map: England's unregistered land - Who . The registrar may alter the register for the same purposes as the court can under paragraph 2 and additionally, he can remove a superfluous entry. Disponor: the person who conveys or makes over property. For these reasons, subsection (2) of this section provides that no fee may be charged for lodging a caution against first registration or applying for the entry of a notice in respect of the interest during the ten-year period. Under the Land Registration Act 1925 compulsory registration was gradually extended to cover the rest of the country. These are dealt with in Part 2, Chapter 1 of the Act. Such covenants are normally apparent from the lease, so it is unnecessary for them to be noted in the register. Local land charges bind a subsequent owner of registered land even when they are not registered at the Land Registry, although they normally appear on the local land charges register kept by the local authority. The only exception to this is that for tasks that are not administrative, such as presiding over hearings, the member of staff must meet the same requirements of ten years legal qualification under the Courts and Legal Services Act 1990 as the adjudicator. 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). This is a new provision. Registered charge: a type of mortgage to secure the re-payment of money or the performance of an obligation. This is part of the strategy of the Act to eliminate, where practicable, overriding interests and ensure that they are entered in the register. C could therefore, in exercise of his paramount powers as mortgagee, sell the land free from Bs right of pre-emption. Because different considerations apply to the storage of electronic documentation from those applied to paper documents. 10.The joint project undertaken by the Law Commission and the Land Registry therefore faced a complex, and in many respects, out-dated piece of legislation. It will be appropriate where the superior title is neither registered nor deduced. 263.This case will be dealt with by timed implementation. 292.Paragraph 1 Section 119(3) makes the Settled Land Act 1925 subject to the Land Registration Act 1925 and is no longer required as a result of the Act. The section does not disapply the formal statutory or common law requirements relating to deeds and documents but deems compliance with them. 220.Paragraph 4 applies when a lease of more than seven years is granted out of a franchise or a manor and paragraph 5 to any shorter lease of such property. This works against the aim of achieving complete registration. The land register (nekilnojamojo turto registras) contains factual data (area, height, volume, year of construction and owner name) and legal data (agreements of joint ownership, court rulings, easement, mortgages) on immovable property such as land and buildings. (2) Accordingly, on and after 1st December 1988, registration of title to land shall be compulsory on sale in the areas mentioned in column 2 of the Schedule to this Order. 64.Lease out of franchises and manors are made registrable under subsection (2)(c). Rules will specify the form of official copies, how they are applied for and who supplies them, and may impose conditions including the requirement to pay fees. 253.The present provision (Land Registration Act 1925, section 75) that the registered proprietor holds on trust for a squatter is not carried forward to the Act because the circumstances where a squatter will be entitled (under paragraph 5) to be registered as proprietor are limited and such a right will be protected against third parties provided that the squatter is in actual occupation of the land in question. The five categories of interests set out in, This Part of the Schedule sets out the registration requirements for those dispositions of registered charges required to be completed by registration under section 27 (3). The appointment is subject to the provisions of JUPRA which provide for a compulsory retirement age of 70 years, subject to the possibility of annual extensions until the appointee is 75 years of age. This extends the current legislation, which excepts leases or charges (or copies of them) from inspection. It will not give him or her any greater rights than he or she had expected to receive. Schedule 3 lists the interests which are binding on persons who acquire an interest in registered land notwithstanding that there is no entry in the register (see section 29(2)). 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. Prior to 1 April 2007 it was dealt with by the Land Registers Northern Ireland government agency. the registered estate), but also the powers of the sub-chargee in relation to the property subject to the sub-charge ( i.e. Precautionary measures have been introduced in recent years to verify the identity of persons attempting to change records of title. The reason for it is that cautions against first registration are not intended to provide a substitute for first registration. In addition, the register relating to the landlords estate must contain a notice that the registered estate is now subject to the interest. Settlement: land can only be held on trust for beneficiaries either under a settlement created under the Settled Land Act 1925 or under a trust of land. First, as now, the parties may request it. Rules will cover the way in which this is recorded. The entry is to be made against the registered estate or registered charge that is said to be burdened. 186.Mere equities A mere equity appears to be used to denote a claim to discretionary equitable relief in relation to property, such as a right to set aside a transfer for fraud or undue influence, a right to rectify an instrument for mistake, or a right to seek relief against forfeiture after a landlord has peacefully re-entered. The ways in which it will operate in detail will, therefore, need to be worked out with them, after extensive consultation. If any of those notified oppose the application it will be rejected, unless the adverse possessor can bring him or herself within one or more of three conditions. 207.Interests which do not appear in the register, yet bind the person who acquires any interest in registered land, are considered to be an unsatisfactory feature in registered conveyancing. 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