have thereby rendered themselves liable to the same law as governs the proprietors of registered charges subsequent to first registration (m). The title to any advowson, rent, tithes impropriate Registered incorporeal or other incorporeal hereditaments of freehold tenure, hereditamay be registered under the Land Transfer Acts (). ments. And, as it is expressly enacted that all hereditaments, corporeal or incorporeal, shall be deemed land within the meaning of these Acts (o), it appears that the registered proprietor of any incorporeal hereditament so registered has the same statutory powers of disposition as the registered proprietor of registered land (p). But nothing in the Land Transfer Act, 1897, shall render compulsory the registration of the title to an incorporeal hereditament (q). As we have seen (r), quit rents, crown rents, and other rents having their origin in tenure, tithe rentcharge, and payments in lieu thereof or of tithes, profits à prendre, and easements, are amongst the matters declared by the Acts not to be incumbrances, and are thus exempted from the effect of first registration and of the registered transfer of registered land (s). These incorporeal hereditaments, therefore, if not registered (t), remain subject to the general law (u) as regards their sale and assurance, notwithstanding that they arise within a district where registration is compulsory (r). But the sale and assurance (m) See stat. 60 & 61 Vict. c. 65, s. 22 (6, c); Land Transfer Rules (1903), 175-181. (n) Stats. 38 & 39 Vict. c. 87, 8. 82; 60 & 61 Vict. c. 65, First Schedule; Land Transfer Rules (1903), 71-73. (0) Stat. 60 & 61 Vict. c. 65, 8. 24 (1). (p) Ábove, pp. 1058, n. (e), 1074. (q) Stat. 60 & 61 Vict. c. 65, 8. 24 (1); see sect. 20 (1, 2); above, pp. 369, 370. (7) Above, p. 1059, n. (o). (u) Above, pp. 383 sq. Rentcharges issuing out of registered land. of any registered incorporeal hereditament is governed by the same rules as apply in the case of registered land (y). Rentcharges or annuities issuing out of registered land are not amongst the things declared not to be incumbrances (~). They appear to be incumbrances on the land (a), and if already existing when the land is registered, they may be entered in the register as incumbrances prior to first registration with an absolute title, either without their proprietorship being registered or not (b). When so entered, they will be protected, as being registered incumbrances, from the effect of first registration and registered transfers of the land (bb). If the proprietorship of such rentcharges be not registered, they will remain subject to the general law as regards their sale and assurance (c). But if their owners procure themselves to be registered as the proprietors thereof, it appears that the rentcharges will thenceforth be assimilated to, and transferable in the same manner as, rentcharges created by registered charge subsequently to registration of the land charged (d). Under the Land Transfer Act, 1897 (e), rentcharges or annuities to issue out of registered land may be created by way of registered charge (ƒ). And the registered proprietors of such charges have the same powers of disposition by way of registered transfer and (y) Above, pp. 1059 sq. (bb) Above, p. 1067. (d) Stat. 60 & 61 Vict. c. 65, (e) Stat. 60 & 61 Vict. c. 65, 8. 9 (3); Land Transfer Rules (1903), 160. (f) In such case the grantee of the rentcharge appears to have the rights and remedies given by the Land Transfer Acts to the registered proprietor of a registered charge, so far as the same are applicable to the recovery of an annuity (see stats. 38 & 39 Vict. c. 87, ss. 23-27; 60 & 61 Vict. c. 65, s. 9 (3)); and in addition, the remedies conferred by sect. 44 of the Conveyancing Act, 1881 (stat. 44 & 45 Vict. c. 41). sub-charge thereof as are given in case of registered charges to secure payment of a principal sum of money (g). Besides this, the Act of 1875 (h) provided for the registration of any fee farm grant or other grant reserving rents or services to which the fee simple estate in any freehold land about to be registered or registered might be subject, with such particulars of the land or services, and the conditions annexed to the non-payment or non-performance or otherwise of such rent and services as might be prescribed; and enacted that any record so made should be conclusive evidence as to the rents, services and conditions so recorded, and such fee simple estate as last aforesaid should be subject thereto accordingly. Where a transfer of registered land in consideration of a rentcharge is registered under this enactment, the transferee is to be registered as the proprietor of the land, the rentcharge entered in the charges register as an incumbrance thereon (i), and the transferor registered as the proprietor of the rentcharge under a separate title (k). It is obvious that rentcharges or annuities, to issue out of land already registered, should be created either by registered charge or by way of registered transfer subject to a rentcharge, so that the title thereto can be duly registered; as, if granted by unregistered disposition, they will be liable to be extinguished by the effect of a registered transfer for value of the land on which they are charged (1). It is thought that all rights appendant or appurtenant Rights in law (m) to any registered land will vest in the person and appurappendant registered as proprietor pursuant to any statutory transfer tenant. (g) Stats. 38 & 39 Vict. c. 87, 8. 40; 60 & 61 Vict. c. 65, 8. 22 (6, c); Land Transfer Rules (1903), 178-181. (h) Stat. 38 & 39 Vict. c. 87, 8. 82. (i) Land Transfer Rules (1903), 130. (k) Ibid. r. 131. (1) Above, pp. 1073, 1074. Creation of easements or other rights over registered land. thereof (n). Such a registered transfer would seem to be a conveyance of the land within the meaning of sect. 6 of the Conveyancing Act of 1881 (0), so as to operate by virtue of that Act to convey to the transferee all privileges or advantages enjoyed with the land at the time of conveyance. And this is confirmed by the Land Transfer Rules (1903) (p). The vendor of registered land, when entitled to modify (q) the effect of these statutory provisions, must be careful to insert the words necessary for his protection in the instrument of transfer. The statutory powers (r) of disposition given by the Land Transfer Acts to the registered proprietor of registered land do not extend beyond the transfer of the land registered, or any part thereof, and the creation of registered charges thereon (s); they are not exercisable for the grant of any profit à prendre, easement, or similar right over the land registered. If, therefore, a sale be made of any such right to be created anew over registered land, effect can only be given to the contract (except in the case mentioned above (t)) by the same method of assurance as if the land were not registered. In such case the purchaser will have the same right of investigating the vendor's title to the land, over which the right sold is to be granted, as if the land were not (n) Notwithstanding that he appears to come in under a new statutory title; above, p. 1074 & n. (r). The case appears to be analogous to the recovery of land in a real action at common law, when the recoveror, coming in by title paramount, tacitly recovered the appurtenances, as well as the land itself; Litt. s. 149; Co. Litt. 104 b, 151 a & n. (3), 154 b, 306 b, 349 b. (0) Stat. 44 & 45 Vict. c. 41; see sect. 2 (v); above, p. 562. (p) Rule 154, providing that the registration of a person as proprietor of land shall vest in (9) See above, p. 563. (s) Stats. 38 & 39 Vict. c. 87, ss. 22, 29; above, p. 1106 & n. (e). (t) Above, n. (p). registered (u); subject, however, to the rule already mentioned (v), that where an absolute title is vested in the vendor by Act of Parliament, as on registration under the Land Transfer Acts with absolute title (x), he cannot be required to give any other or earlier proof of his title. And the purchaser will be entitled to call for an abstract and production of all unregistered assurances dealing with the land in question off the register; since the vendor cannot, by any conveyance of the right sold, extinguish any estate or interest so created (y). The purchaser will also have the same right to covenants for title (z), and he should make the same searches (a) as if the land were not registered (b). Searches. Where such a right is sold by itself, it must necessarily be granted by an unregistered deed; but the purchaser may as well procure notice of the right to be entered on the register (c). Where a contract for the sale of some registered land includes an agreement for the sale of some particular easement, or other such right as aforesaid, to be granted over other land of the vendor's, it is thought, according to the principle asserted above (d), that the grant of the easement or right should be made by a deed separate from the instrument of transfer; but notice of the right may be registered against the land affected thereby (c). of an easement or other The Land Transfer Acts make no special provision Reservation for the reservation of any easement or similar right on the transfer of registered land. Such a reservation right over must therefore be effected by the like assurance as in land. the case of unregistered land (ƒ); that is to say, by way (u) Above, p. 383. (v) Above, p. 81 & n. (y). (b) It does not appear that a purchaser of such a right to be created anew over registered land is a purchaser of registered land (c) See above, p. 1105, n. (t). (f) See 1 Davidson, Prec. Conv. registered |