case is parallel to that of a sale, under the old law, of land which the vendor had already parted with by some voluntary conveyance (k); and that the Court will not interfere to assist the vendor to get rid, by registration of a transfer or charge from himself, of any lawful estates or interests which would otherwise remain perfectly valid. But if this should be so decided, it is thought that, as in the parallel instance (k), the purchaser would be entitled to enforce the contract in every case where the unregistered estate, interest or equity would be extinguished or defeated by the registration of a transfer from the registered proprietor to himself (7). If this suggestion be correct, a purchaser of registered land who had received notice of unregistered estates or interests adverse to the vendor's title, would have two courses open to him:-He might object to the title, and refuse to complete except with the concurrence of all persons entitled to the unregistered interests (m); or, if the unregistered interests were such as would be extinguished by the transfer to himself and remained unprotected on the register, he might proceed with his purchase (n). Under the Land Transfer Acts (0), any conditions Restrictive restrictive of the use of land, such as are capable of conditions. affecting assigns by way of notice (p), may be entered in the register. It is submitted that, unless such restric (k) Above, p. 375, n. (n). (1) The vendor could not raise the defence of want of mutuality if the purchaser sued for specific performance of the agreement; above, pp. 1001, 1002: nor, it is thought, could he raise the defence of a superior equity (above, p. 1000); for the Land Transfer Acts appear to subject the estates and interests created by unregistered disposition to the estate created by the statutory power of disposition given to the regis- (m) See above, pp. 132-135, (n) Above, pp. 1081 sq. (0) Stat. 38 & 39 Vict. c. 87, Searches on purchase of registered land. tive conditions be so entered in the register, or come under the head of rights or interests exempted from the effect of registration with a qualified, good leasehold or possessory title (q), a purchaser of registered land need pay no regard to any notice he may receive of the existence or creation of such conditions (r). We see, then, that a purchaser of registered land is in effect relegated to the ordinary methods of investigation of title as regards any estates or interests which come under the description of (1) registered incumbrances prior to first registration, whereof the proprietorship is not registered (s); (2) matters declared by the Acts not to be incumbrances, or (3) estates or interests exempted from the effect of registration, with a qualified, good leasehold or possessory title (t); but that, except in respect of these estates or interests, his security lies in the inspection of the register and in the effect given by the Acts to a registered transfer for valuable consideration (u). If the land purchased be subject to any estates or interests of the second or third kind (r), the purchaser must make the same searches in respect thereof as would be necessary on a purchase of unregistered land, according to the circumstances of the case (y). But except in these respects-that is to say, as regards the estate which will be vested in the purchaser by the registration of the transfer to him-it is thought that he need make no searches outside the Land Register, other than in Bankruptcy; for it appears that all such interests as are guarded against by searches on (9) Above, p. 1061, n. (q, r). (t) Above, pp. 1061, n. (q, r), (u) Above, pp. 1065, 1073. tered incumbrances prior to first registration, all that is necessary appears to be that they shall be cleared off the register; after which the registered transfer to the purchaser will have full effect; above, pp. 1066–1069. (y) Above, pp. 511–538. the sale of unregistered land (s) will be extinguished, in the case of registered land, by the effect of a registered transfer for valuable consideration (2). Thus it is thought Judgment that the charge obtained by the registration of a writ creditor's charge. or an order enforcing a judgment or Crown debt against the land (a) would be so extinguished, as would Annuities. all annuities (b) and land charges (c) not entered in Land charges. the register. With respect to lis pendens, we have Lis pendens. seen (d) that the interests, which are extinguished by the registration of a transfer for valuable consideration of registered land, appear to include not only all estates and interests strictly so called, but also all bare rights of entry on or of action to recover the land (d), and all bare rights to set aside a conveyance for fraud or other cause. It seems, therefore, that any claim to or over the land, which might be asserted in a lis pendens, would be extinguished by the registration of a transfer for valuable consideration. And it follows that a purchaser of registered land may in general disregard any lis pendens affecting the same, which is registered as such, or of which he has express notice (e), unless the person interested thereunder be protected by a registered caution or inhibition (f). Search in bankruptcy may possibly Bankruptcy. not be necessary on the sale of registered land: but it is thought to be advisable to make the same search in (z) Above, pp. 1061, n. (p, L, ), 1073. (a) Above, p. 511. (b) Above, p. 517. Annuities charged on registered land may be registered as charges thereon; stat. 60 & 61 Vict. c. 65, s. 9 (3); Land Transfer Rules (1903), 160. (c) Above, pp. 518 523. Under the Land Transfer Rules (1903), 1 (3), 170, all land charges, as defined therein, are capable of registration, and the definition given not only includes land charges as defined in the Land Charges Act, 1888, but extends to all rents or annuities or prin- (d) Above, p. 1083. (f) See above, pp. 1081 & The search in the Land Register. Inquiries. bankruptcy against the vendor's name as if the land were not registered (i). In searching the Land Register, a purchaser of regis tered land should examine the Property, Proprietorship and Charges Registers (k), the filed plan of the land registered (1), the list of pending applications, and the Day List (m). As we have seen (), the purchaser may either search the register himself or procure an official search to be made and an official certificate of the result of the search to be issued (o). This search should be made up to the last minute before the application is handed in for a priority notice or for provisional registration in order to complete the purchase (p); so that it may be ascertained that no application is pending which may possibly take priority over the transfer to the purchaser. If the purchase is to be completed at the Land Registry without a priority notice or provisional registration (7), or is to be completed by securing the purchaser's final registration before payment of the price (), the search should be made up to the time of delivery of the application for the purchaser's registration. On every sale of registered land, the purchaser must make the same inquiries as are necessary on the sale of unregistered land (s) to ascertain that the possession or (i) Above, pp. 524-527. The reasons for this opinion are given in Appendix (A), below. (k) See Land Transfer Rules (1903), 2-11, 284. (7) Ibid. Rules 2, 269-282, 285. (m) Ibid. Rule 13; Brickdale & Sheldon's Land Transfer Acts, 37, 2nd ed. (n) Above, p. 1063. (0) By the Land Transfer Rules (1903), 293, where a solicitor or other person obtains an official certificate of the result of the (p) Above, p. 1080, 1081. (r) Above, p. 1079. enjoyment of the land is in accordance with the title shown. For the land might be subject to some tenancy, easement or right which is not disclosed by the contract, and is amongst the things declared not to be incumbrances (). It is thought that if the result of these inquiries be to ascertain the existence of some unregistered interest in the land (u), which would be extinguished by the registration of a transfer to the purchaser (such as a prior contract of sale or a right of preemption), he may nevertheless proceed with his own purchase, so long as the person entitled to the unregistered interest refrains from asserting the same by some entry in the register (r). duty charged on registered land. A purchaser of registered land need make no inquiries Succession with respect to any succession or estate duty, which and estate may be charged thereon; except as regards things declared not to be incumbrances, and estates or interests exempted from the effect of registration with a qualified or possessory title (y), as to which he must observe the same precautions as are incumbent on the purchase of unregistered land (z). For by the Land Transfer Act, 1897 (a), succession duty and estate duty shall not affect a bona fide registered purchaser (b) for full consideration in money or money's worth, although he may have received extraneous notice of the liability in respect thereof, unless (1) the liability be noted in the register (c), or (2) in the case of a possessory title the (t) Above, p. 1059, n. (o). (u) Above, p. 538. (x) See above, pp. 1081 sq. (y) Above, pp. 1059, n. (o), 1061, n. (q, r). (z) Above, pp. 140, 202 sq. (a) Stat. 60 & 61 Vict. c. 65, s. 13 (3). (b) It is presumed that the registered proprietor of a registered charge would be held to be a purchaser to the extent of the |