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SECTION 12.

ASSURANCES OF REGISTERED LAND.

If the property sold is already on the register, i.e., if the title thereto has been registered under the Land Transfer Acts, the conveyance should be effected or perfected by a transfer in the forms provided in the First Schedule to the Land Transfer Rules, 1903, with such alterations and additions (if any) as are necessary or desired and the registrar allows (g).

Instruments for which no form is provided, or to which the scheduled forms cannot conveniently be adapted, shall be in such form as the registrar shall direct or allow, the scheduled forms being followed as nearly as circumstances will permit (r).

Effect of Registered Transfer. By s. 30 of the Land Transfer Act, 1875, a transfer for valuable consideration of freehold land registered with an absolute title shall, when registered (s), confer on the transferee an estate in fee simple (t) in the land transferred, together with all rights, privileges, and appurtenances belonging or appurtenant thereto, subject (1) to the incumbrances entered on the register of charges; and (2) to the liabilities, rights, and interests which by s. 18 are declared not to be incumbrances, but free from all other estates and

(q) See rr. 97, 126, 127.

(r) Rule 98.

(s) The transfer is completed by the Registrar entering on the register the transferee as proprietor. See Act of 1875, s. 29. (t) This would seem to be an equitable fee simple. The only mention of legal estate is in s. 20 of the Act of 1897.

interests whatsoever. By s. 32 a transfer for valuable consideration of freehold land registered with a possessory title, when registered, has, the same effect as the transfer of land registered with an absolute title, except that it does not affect or prejudice the enforcement of any right or interest adverse to or in derogation of the title of the first registered proprietor. It is not clear what meaning ought to be given to these words; but a comparison of the language of s. 7 (3) with that of s. 8 points to the conclusion that they do not include the rights of persons claiming under the first registered proprietor, e.g., the equities of beneficiaries when the first proprietor was a trustee, unless a caution, inhibition, or restriction has been registered. The liabilities, rights, and interests which are not deemed to be incumbrances, and to which the transfer is subject, include succession and estate duty, easements, rights to mines and minerals created previously to registration, manorial rights, leases under twenty-one years, and (at any rate in the case of possessory titles) any adverse claim in respect of length of possession of any other person in possession of the land when the registration of the first proprietor took place (u).

Legal Estate. It is clear that in the case of land registered with a possessory title only it is important that the purchaser should obtain the legal estate, since there may be prior equitable interests of which the purchaser has no notice, but which are "adverse to or in derogation of the title of the first registered

(u) 60 & 61 Vict. c. 65. First Schedule and s. 12.

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proprietor." A registered transfer of land in the form provided by the rules does not pass the legal estate even when that estate is vested in the transferor. The transfer by registered disposition takes effect by virtue of the overriding statutory power, and not by virtue of any estate in the registered proprietor. A purchaser can obtain the legal estate by an unregistered conveyance from the registered proprietor (or other person in whom the legal estate is vested) in the ordinary form (). Inasmuch, however, as the purchaser will be liable to have his title defeated by the exercise of the statutory power of disposition given to the registered proprietor, he must either perfect his title by a registered transfer (which in that case will not require a stamp (y)) or by registering a caution under s. 53 of the Land Transfer Act, 1875 (). The registrar has, however, approved of an "addition" (a) to the prescribed form of transfer which contains a conveyance of the legal estate, and it is believed that this form is commonly adopted. Whether or not this addition is consistent with the scheme of the Act it certainly has the desired effect of passing the legal estate (b).

Lands included in more than one title may be included in one disposition (c), and may be registered as to all or some or one only of the titles affected thereby (d).

(x) 38 & 39 Vict. c. 87, s. 49; Capital and Counties Bank v. Rhodes, [1903] 1 Ch., at p. 657.

(y) Rule 123.

(z) Form 58, r. 226.

(a) See r. 97.

(b) Capital and Counties Bank v. Rhodes, [1903] 1 Ch. 631. (c) Rule 102.

(d) Rule 116.

For the purpose of introducing the implied covenants under the Conveyancing Act, 1881, a person may in a registered disposition be expressed to execute, transfer, or charge as beneficial owner, settlor, etc.; and an instrument of transfer or charge may be worded accordingly, but no reference to such implied covenants shall be entered in the register (e). The purchaser should insist on the introduction of implied covenants for title, since, even in the case of an absolute title, there may be unregistered liabilities, rights, and interests, such as easements or mining rights (ƒ).

The forms provided by Land Transfer Rules are as follows:

FORM 20.- INSTRUMENT OF TRANSFER OF THE WHOLE OF THE LAND COMPRISED IN A TITLE.

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I. A. B., of, etc., hereby transfer to C. D., of, etc., the land comprised in the title above referred to.

Signed, sealed, and delivered by

the said A. B., in the pre

sence of E. F., of, etc.

(e) Rule 99.

Signature of A. B.
Seal.

(f) See 38 & 39 Vict. c. 87, s. 18. See, however, 60 & 61 Vict. c. 65, s. 16 (3).

When the consideration is advanced by different persons in separate sums, or does not consist or wholly consist of money, its nature or the separate payments made may be concisely stated. When the transfer is to two or more jointly, no addition need be made to the form. Where it is to two or more as tenants in common, one of the following forms may be used: "To C. D. and E. F. in equal shares"; "To C. D. four-fifths, and to E. F. one-fifth of," and so on. Where the transferor retains a share, add the words," and I, the said A. B., retain share or shares."

The amount of the consideration should be stated in words, and repeated in figures, as, for instance, "three hundred and seventy pounds (£370)."

FORM 21.-INSTRUMENT OF TRANSFER OF PART OF THE LAND COMPRISED IN A TITLE.

As Form 20, adding after "the land" these words: "shown and edged with red on the accompanying plan and known as (and-if it is desired that a particular verbal description be entered on the register-described in the schedule hereto), being part of the land comprised in the title above

referred to."

Add schedule, if any.

To be executed as Form 20 by the transferor.

The plan must be signed by the transferor, and by or on behalf of the transferee.

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