simple estate shall vest in him, subject to the like qualifications, and subject also to any estate right or interest adverse to (or in derogation of) the registered title. As regards leaseholds (p), there shall vest in the first registered proprietor (where he is registered with an absolute title) the possession of the land for all the estate. created by the lease, free from all other estates and interests (including those of the Crown), but subject (1) to all covenants (express and implied) and obligations and liabilities incident to the estate; (2) to any incumbrances entered on the register; (3) to such liabilities and incidents of tenure as are by the Acts declared not to be incumbrances; and (4) to any unregistered estates or interests derived under the registered proprietor. Where the registered proprietor is registered with a possessory title only, the like possession of the land for all the estate created by the lease shall vest in him subject to the like qualifications, and subject also to any estate right or interest adverse to (or in derogation of) the registered title (q). And, of course, as regards both freeholds and leaseholds, when the title registered is a qualified title, the estate which by registration is vested in the first registered proprietor will be subject also to the estates which were excepted by the Registrar upon the first registration.

When the title to land has once been registered under the Acts, it may be again taken off the register, excepting as regards land situate within any compulsory area (1) ; but while the title remains on the register, the land, when situate within Middlesex or Yorkshire, is exempt from the necessity of registration under the Middlesex and Yorkshire Registry Acts before mentioned (s).

Also, as against the registered proprietor, adverse possession will not confer any title to the land (t); but, (p) Act 1875, ss. 13, 14, 18; General Rule 47; Act 1897, s. 18,

and Schedule.

(7) Act 1875, s. 14.

(r) Act 1897, s. 17 (1).
(s) Ibid. s. 17 (3).

(t) Ibid. s. 12.

where the registration was for a possessory title only, and the adverse possession had already commenced at the date of the first registration, that adverse possession may afterwards mature (equally as in the case of unregistered land) (u). And even where the first registration was for an absolute title, an adverse possession for twelve years may become effective, even against the first registered proprietor, or any subsequent registered proprietor, except à registered proprietor for value, should the person in possession apply for and obtain rectification of the register (r).

8. QUALIFICATION OF REGISTERED TITLE. The first registered proprietor will (as already stated) continue subject (unless where and so far as the contrary is expressed on the register) to all those liabilities and incidents of tenure affecting his land which are by the Acts declared not to be incumbrances; and the liabilities and incidents of tenure to which the land will so continue subject are (briefly) the following, that is to say:liability (by reason of tenure) to repair highways, chancels, sea and river walls and embankments, etc.; quit rents, Crown rents, and the like; heriots and customary rights and public rights, and the like; estate duty, succession duty, land tax, tithe rentcharge, and the like; mining estates, and rights or powers outstanding at the date of the first registration; franchises, manorial rights, and the like; and certain leases or agreements for leases and other tenancies (y). It is to be noted, however, that under the Act of 1897, where the liabilities and incidents aforesaid appear to the Registrar on the occasion of the first registration of the title to affect the land, they are to be noted by him on the register; and a right of re-entry or right of reverter may also be so noted by him, if it appear at the time of the first registration to

(u) Act 1897, s. 12.

(r) Ibid.

(y) Act 1875, s. 18; Act 1897,

s. 18, and First Schedule.

affect the land. And, of course, any subsequent registered proprietor will take subject to all the liabilities and incidents of tenure to which the first registered proprietor continues subject. But, as regards the unregistered estates and interests to which, as being derived under the first registered proprietor, he continues subject (as already stated), the subsequent registered proprietor does not take subject thereto, where he is entitled for value, and is not a mere volunteer (z).

9. DEALING WITH REGISTERED LAND.-A registered proprietor may, by registered instrument, create a mortgage of the registered land, the mortgagee obtaining from the Registrar a certificate of the charge; and the registered proprietor of the land may also sell it, or otherwise alienate it, and, of course, he may (if entitled in fee simple for his own benefit) devise the land. And, whether entitled beneficially or not, the registered land (just like unregistered land) will now vest in his personal representative on his decease (a).

A registered proprietor may also deal with the land by an unregistered instrument, for the purpose of creating any estate or interest which his own beneficial estate entitles him to create (b); and he may also create a mortgage by deposit, depositing the land certificate or office copy of the registered lease (c). And the registered proprietor of a charge (that is to say, a registered mortgagee) may create a sub-mortgage by deposit, depositing his certificate of charge.

10. STATUTORY FORMS.-But the principal intention of the Acts is, that (so far as regards sales and mortgages, and other dealings inter vivos), registered dispositions only shall be used. And the General Rules (in the First Schedule thereto) provide short forms of conveyance on

() Act 1875, ss. 30-33 (freeholds); ss. 35, 38 (leaseholds). (a) Act 1897, s. 1.

(b) Act 1875, s. 49.
(c) Act 1897, s. 8.

Dr

sale (i.e., of transfer), and also short forms of mortgage (i.e., of charge), and of sub-mortgage (i.e., of sub-charge), and short forms for the transfer and discharge of mortgages (i.e., of charges) (d); and the forms so provided (with only the necessary modifications) are directed to be used (e). For the purpose of introducing the implied covenants under the Conveyancing Act, 1881, the registered proprietor may, in the form, express, that he is transferring or charging as beneficial owner, or as settlor, or as trustee, or as mortgagee, or otherwise as the case may require (ƒ); also, in every charge, there are implied (unless the charge itself expressly excludes them) covenants on the part of the mortgagee to pay the principal money with the interest thereon at the appointed time, and to pay the interest half-yearly after the appointed time (g); and (where the mortgage is of leaseholds) a covenant on the part of the mortgagee to pay the rent and to observe the covenants, etc., of the lease (h). There are also forms provided for exchanges and partitions (i); and forms for conveyance in mortmain, and to charitable uses (k); also, forms for the conveyance of land subject to conditions restrictive as to the user of the land (1). The forms so provided are (by force of the Acts and the Rules) made equally efficacious with the longer and more usual forms of conveyance, or of mortgage and re-conveyance,-e.g., a discharge of mortgage in the form provided, where the mortgage is to a building society or the like, has the same effect as the statutory receipt usually endorsed on the mortgage (m). In an assignment of leaseholds to a purchaser, where the transfer is in the prescribed form, the covenants on the part of the vendor and purchaser respectively as to the rents and covenants and conditions of the lease which are

(d) Rules 79-127.
(e) Rule 146.

(f) Rule 148.

(i) Rules 103, 105.
(k) Rules, 95, 96.

(1) Rule 102.

(g) Act 1875, s. 23.

(m) Rule 113.

(h) Act 1875, s. 24.

inserted in an ordinary assignment of leaseholds are implied (n); and in a mortgage in the prescribed form, all the usual powers of a mortgagee for the realization of his security are implied, unless where and so far as they are expressly excluded by the prescribed form (0). A transfer on sale, made by the registered proprietor of a charge, is to operate as a sale and conveyance in exercise of the implied power of sale (p).

The Rules also provide for the registration of the personal representative, in the case of a transmission of the title by the death of the registered proprietor (q), and for the subsequent registration in his place of the beneficial devisee of the land (r), or of any legatee to whom (under the provisions of the Act of 1897) the lands have been appropriated by the personal representative (s), and also for the registration of the Official Receiver, in the case of a transmission in bankruptcy, and of the trustee for the creditors in the case of a transmission in bankruptcy or liquidation (t).

Upon a conveyance on any sale by the registered proprietor of the lands, the prescribed form of transfer passes to the purchaser the whole registered title of the vendor (whether such title be absolute, or qualified, or possessory), subject only to the incumbrances (if any) entered on the register, and to the liabilities and incidents of tenure which by the Acts are declared not to be incumbrances. When the title of the vendor is qualified, the purchaser takes subject also to the estates and interests which are excepted on the register; and (when the title is possessory) to any adverse estate right or interest which was subsisting at the date of the firstregistration of the title (u). And similarly, upon the transfer of a mortgage, if the prescribed form of transfer is used, the transferee. (n) Act 1875, s. 39.

(0) Act 1875, ss. 25-27; Act

1897, s. 9 (2).

(p) Act 1897, s. 9 (1).

(2) Rule 128.

(r) Rule 130.

(s) Rule 130.

(t) Rules 138-145.

(u) Act 1875, ss. 30-32.