Certificate as to the deeds off the register. (3) If, at the expiration of the time fixed, the written undertaking has not been complied with, the application shall be cancelled. v. Deeds and Instruments off the Register. 96. Pursuant to Section 39 of the Act it is hereby provided that, where a transaction (though relating exclusively to registered necessity of land or to a registered charge) is of such a character (by reason, for instance, of its being accompanied by lengthy recitals or personal covenants not affecting the substance of the transaction in relation to the registered land or charge or of its being closely involved with other transactions or of its being necessary that duplicates should be held by different persons) as to render it necessary or useful that the registered disposition should be accompanied by an additional deed or instrument, the Registrar may issue a certificate to that effect in such form as he shall think fit, and in that case the additional deed or instrument shall, if in accordance with such certificate, be an exception within the meaning of the said Section and shall not be rendered void by that Section. Minor 97. Section 101 of the Act shall, so far as applicable, apply interests in to a minor interest in a debt secured by a registered charge, as if that debt had been referred to in place of registered land. mortgage debts. Form of transfer. Transfer of land into settlement. Registered land brought into settlement. Land bought with capital money. Transfer to statutory owners. Transfers of Land. 98. A transfer of the land comprised in a freehold title shall be made by an instrument in Forms 19 or 20. 99. A transfer of land into settlement shall be made by a vesting transfer in one of the Forms 21 or 22, with the addition of the proper restrictions to be entered in the register, according to the principles prescribed by these rules, and the Registrar shall, on receipt thereof, register the transferee (being the tenant for life of full age, statutory owner or personal representative, as the case may require) named therein as the proprietor of the land, and shall enter in the register the restrictions contained in the transfer. 100. Where registered land has been settled and the existing registered proprietor is the tenant for life under the settlement, the proprietor shall make a declaration in Form 23 and shall apply for the registration of a restriction in Form 9, or such other restriction as may be required, having regard to the terms of the settlement and the Settled Land Act, 1925. 101. Where registered land is acquired with capital money the transfer shall be in Form 24. 102. A transfer to the statutory owners under subsection (2) of Section 91 of the Act shall not refer to the settlement and shall be in the ordinary form, with the addition of a restriction against any disposition not authorised by the Settled Land Act, 1925, or the settlement. Registered Land). 103. Pursuant to subsection (2) of Section 87 of the Act it is Creation of hereby provided as follows: interests affecting (i) Where a proprietor or the personal representative of settled (ii) The document shall be completed by registration and (iii) On production of such a document purporting to be in land in priority to the settle ment. apply for 104.-(1) On the creation of a settlement it shall be the duty Duty to of the proprietor, or (if there is no proprietor) the personal repre- restrictions sentatives of a deceased proprietor, to apply to the Registrar for the entry of such restrictions or inhibitions or notices as may be appropriate to the case. The application shall state that they are required for the protection of the minor interests under the settlement. (2) The Registrar shall enter such restrictions, inhibitions or notices without inquiry as to the terms of the settlement provided they are not in his opinion unreasonable or calculated to cause inconvenience, and shall inform all persons, appearing by the register to be affected thereby, that he has done so. (3) Nothing in this rule shall affect the rights and powers of a personal representative for purposes of administration. when land is settled. 105. Where a proprietor or personal representative of a Discharge deceased proprietor has, in good faith, complied with the from liarequirements of the Act in executing a vesting deed, assent bility in respect of or transfer of land or discharge of trustees and in applying for minor the necessary and proper restrictions or other entries (if any) interests that may be required for the protection of minor interests under under a a settlement, he shall be absolutely discharged from all liability settlement, in respect of the equitable interests and powers taking effect under the settlement, and shall be entitled to be kept indemnified at the cost of the trust estate from all liabilities affecting the settled land, but the proprietor for the time being (not being a purchaser for value or his successor in title) shall hold the land upon the trusts (if any) affecting the same. (B 34,3082)Q 3 c Release of land from minor interests 106. Where the trustees of a settlement desire to release registered land from the minor interests under such settlement they may do so by any document sufficient at law to release it, and, on an application made for that purpose, effect shall be given settlement. to the transaction by making the consequential alterations in the register. under a Transfer of 107. (1) A transfer of land in consideration or partly in conland in con- sideration of a rent may be made by the proprietor of the land by an instrument in any form legally sufficient for the purpose of which the Registrar may approve. sideration of a rent. Separate title for proprietor of a rent. Implied covenants on a transfer of freehold land subject to a rent. Covenants for indemnity. Transfers excepting minerals. (2) The transferee shall be registered as the proprietor of the land, and the rent shall be entered in the Charges Register as an incumbrance. 108. The transferor shall be registered as the proprietor of the rent under a separate title, and a reference to that title shall be made in the title of the transferee. 109. On a transfer of freehold land subject to an existing rent, covenants (similar to those implied by Section 24 of the Act on a transfer of leasehold land) shall be implied under Section 77 of the Law of Property Act, 1925, but such implication may be negatived by adding suitable words to the instrument of transfer as in Form 33, and in that case a note thereof shall be entered in the register. If it is desired to substitute modified covenants for the covenants implied by this rule, the necessary variations may be made in the transfer. 110. On a transfer of land subject to a charge or other incumbrance appearing on the register, or, in the case of a possessory or qualified title, an incumbrance not affected by the registration, covenants by either party to pay the money owing and to indemnify the other party may be added to the instrument of transfer and may be noted on the register. 111. (1) A transfer of land— (a) without the mines and minerals shall be made by an instrument in Form 25, (b) with certain specified mines and minerals shall be made by an instrument in Form 26, (c) with the mines and minerals, except certain specified mines and minerals, shall be made by an instrument in Form 27. (2) The transferee shall be registered as proprietor of the land, with a note to the effect that the mines and minerals (or that the mines and minerals other than certain specified mines and minerals; or that certain specified mines and minerals, as the case may be) are excepted. (3) The transferor shall, if entitled to the excepted mines and minerals, be registered as the proprietor thereof, with an absolute, Registered Land). qualified, good leasehold, or possessory title, according to the circumstances of the case. (4) In any such transfer rights to work the mines and minerals, or in relation to the surface or any strata of minerals, may be reserved or granted. 112.-(1) A transfer (a) of mines and minerals without the land shall be made by an instrument in Form 28, (b) of certain specified mines and minerals without the land shall be made by an instrument in Form 29, (c) without the land, of the mines and minerals, except certain specified mines and minerals, shall be made by an instrument in Form 30. (2) The transferee shall be registered as the proprietor of the mines and minerals transferred, with an absolute, qualified, good leasehold, or possessory title, according to the circumstances of the case; and a note shall be entered against the transferor's title to the effect that the mines and minerals (or that certain specified mines and minerals; or that the mines and minerals other than certain specified mines and minerals, as the case may be) have been transferred. (3) In any such transfer rights to work the mines and minerals, or in relation to the surface or any strata of minerals, may be reserved or granted. Transfers 113. (1) An instrument under Sections 18 or 21 of the Act Instrutransferring mines and minerals apart from the surface or the ments transferring surface without all or any of the mines and minerals, or granting a mines and rentcharge issuing out of freehold or leasehold land, or a lease or minerals sub-lease of land, shall refer to the land by means of its title apart from number and, if part only of the land in the title is to be affected, the surface to a plan (signed by the grantor and by or on behalf of the grantee) enabling it to be identified on the filed plan of the land or, where the part dealt with is clearly defined on the General rentcharge Map, by reference to that Map. or leases, and vice versa, granting (2) Such an instrument transferring, granting, leasing or sub- etc. leasing an easement, right or privilege in, over or derived from registered land, shall, as regards the servient tenement, refer to it by means of its title number and, if part only of the land in the title is to be affected, to a plan (signed by the grantor and by or on behalf of the grantee) or other description enabling it to be identified on the filed plan or the Land Registry General Map. (3) As regards the dominant tenement the land shall, if and so far as it is registered, be referred to in like manner, and if and so far as it is not registered shall be referred to by a plan (similarly signed) or other description enabling it to be identified on the Ordnance Map. Sale by 114. A transfer of land in exercise of a power of sale contained in a registered charge shall be made by an instrument chargee. in Form 31. (B 34/3082)Q 3c2 Transfer of leasehold land. Disposition of leasehold land subject to a rent. Variation 115.-(1) A transfer of leasehold land shall be made by an instrument in Form 32, and all or any of the covenants implied by Section 24 of the Act on a transfer of leasehold land may, if it is desired, be negatived by adding suitable words to the instrument of transfer, and in that case an entry negativing the implied covenants shall be entered in the register. (2) If it is desired to substitute modified covenants, by reference to Section 77 of the Law of Property Act, 1925, or otherwise, for the covenants implied by Section 24, the necessary variations. may be made in the transfer. 116. A disposition of leasehold land subject to a rent (whether legally apportioned or not) and to a rent legally apportioned shall be made by an instrument in Forms 33 or 34 or as near thereto as circumstances will permit. 117. On a transfer of part of the land held under a lease, of implied the covenants implied by Section 24 of the Act, or Section 77 of the covenants. Transfer for a small holding. Transfer, not for a small holding. Sales under Transfer to or other Law of Property Act, 1925, may, if it is desired, be modified or negatived by adding suitable words to the instrument of transfer, and a note shall be made in the register. 118. On a sale by a county council of land subject to all or some of the conditions of Section 12 of the Small Holdings and Allotments Act, 1908, (a) the transfer shall be in Form 37 and a restriction and note in Form 39 shall be entered in the register. 119. On a sale by a county council of land free from all the conditions of Section 12 of the Small Holdings and Allotments Act, 1908, the transfer shall be in Form 38, and all reference to the Small Holdings Act shall be cancelled on the register. 120. On a sale made by a county council under Section 12 of the Small Holdings and Allotments Act, 1908, no evidence shall be required by the Registrar as to the happening of any of the events mentioned in the said section as giving rise to the powers of the county council or the fulfilment of any of the provisions in that Section contained. 121. (1) A transfer of land to an incorporated company or a company other corporation, sole or aggregate, shall be made by an instrument in Form 35, and, save as mentioned in this rule, shall refer to the licence in mortmain or statute enabling the corporation to acquire or hold the land. corporation. (2) If the licence or statute contains any limit to the extent of land which may be acquired or held or any provisions as to the purposes for which it may be used, a statement showing that the land transferred, together with any land already acquired or held under such licence or statute, does not exceed such limit, and, showing also the purposes for which the land is to be used, shall be added. (3) Such statements shall be proved by statutory declaration or otherwise as the Registrar may direct. (a) 8 E. 7. c. 36. |