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Land Registry Act 1862

Status:

This is the original version (as it was originally enacted).

  1. Introductory Text

  2. 1.Extent of Act.

  3. Part I As to the Registration of Real Estates, and the Title thereto

    1. 2.Registry to be established.

    2. 3.Limits of Registry.

    3. 4.By whom Applications for Registration to be made.

    4. Proceedings to obtain Registration of a Title as indefeasible

      1. Examination of Title with Guarantee.

        1. 5.On Application for the Registration of a Title as indefeasible,...

      2. Reference of Questions of Title.

        1. 6.Any Question, Doubt, or Dispute as to any Matter of...

      3. Particulars to be furnished to Registrar.

        1. 7.If the Title shall (either absolutely or subject as aforesaid)...

      4. May be verified On Oath.

        1. 8.If required by the Registrar, the Description of the Land...

      5. Claim to Mines and Minerals.

        1. 9.It shall be stated in the Description of the Land...

      6. Identity of Lands to be established.

        1. 10.The Identity of the Lands with the Parcels or Descriptions...

      7. Notice of Intention to register.

        1. 11.When such Description has been settled, and the Registrar is...

      8. Contents of Notice.

        1. 12.Such Notice shall contain a Copy of the Description of...

      9. Cause may be shown against Registration.

        1. 13.At the Time and Place named in the Notice, or...

      10. Completion of Registration.

        1. 14.If at the Expiration of the Time named in such...

      11. Books may be inspected.

        1. 15.Subject to such Directions as may be given by General...

    5. As to the Record of Title

      1. As to Exception, &c. in Record of Title.

        1. 16.In the Record of Title so made as aforesaid it...

      2. Any Question as to true Construction of any Deed, &c. to be referred by Registrar to a Judge of Court of Chancery.

        1. 17.If in making up, or afterwards continuing, such Record of...

      3. Registrar may refer in Record of Title to Deed, &c. for Estates of Parties.

        1. 18.In any Case described in the preceding Section, the Registrar...

      4. Persons entitled to Principal Money, &c. not to be entered in Record of Title unless Registrar thinks fit.

        1. 19.The Names of the Persons entitled to the Proceeds of...

    6. When an indefeasible Title shall arise

      1. Persons described in Record of Title to be deemed as possessed of such Estates, &c.

        1. 20.Subject to any Exception, Qualification, or Condition mentioned in such...

      2. Informality not to prejudice Entry in Record of Title.

        1. 21.No Entry in such Record of Title as aforesaid shall...

      3. Before Registration Applicant and Solicitor or Agent, &c. to make Oath that all Deeds, &c. have been made known to Registrar.

        1. 22.Before the final Registration of any Land with an indefeasible...

      4. Power to Registrar to refuse Registration.

        1. 23.If at any Time before Registration the Registrar is of...

      5. Power to Registrar to demand Security for Costs.

        1. 24.The Registrar shall, before taking any Proceeding on an Application...

    7. Proceedings for Registration without an indefeasible Title

      1. Registration without Guarantee of Title may be made under certain Conditions.

        1. 25.Application for Registration without an indefeasible Title may be made...

    8. Registration of Leasehold Estates

      1. Leasehold Estates may be registered in like Manner as Freehold Lands.

        1. 26.Leasehold Estates, namely, Lands demised for Terms of Years of...

    9. General Provisions as to Title

      1. Charges and Liabilities not to be deemed Incumbrances.

        1. 27.The following Charges and Liabilities shall not be deemed Incumbrances...

      2. Land may be registered as Oue Estate.

        1. 28.Land entered on the Register may, at the Option of...

      3. Registered Laud made subject to certain Conditions, &c.

        1. 29.If Land registered or proposed to be registered, or any...

      4. Notice of Registration of Land to be given by Registrar to interested Person.

        1. 30.So soon as any Land is registered, if there shall...

      5. Judicial Declaration of Title.

        1. 31.If any judicial Declaration of the Title to any Land...

      6. Every Estate, &c. to be entered in Record of Title after Registration of Land.

        1. 32.From and after the Registration of any Land, every Estate...

      7. Estates of registered Proprietors subject to existing Law.

        1. 33.Subject to the Enactments herein contained, the Estates and Interests...

      8. Power to Registered Proprietor, with Consent of Persons interested, to close Register.

        1. 34.The registered Proprietor of Land may, with the Consent of...

    10. Caveat against Entry of Land on Register

      1. Caveats may be lodged with Registrar, to the Effect that Cautioner is entitled to Notice.

        1. 35.Any Person having or claiming such an Interest in Land...

      2. Caveat to be supported by Affidavit.

        1. 36.The Caveat shall be supported by an Affidavit, stating the...

      3. How Notice to be served.

        1. 37.Notice may be served on the Cautioner either personally or...

      4. After Caveat, no Registration to be made of Lands till Ten Days after Notice.

        1. 38.After a Caveat has been lodged, no Registration shall be...

      5. Compensation if Caveat lodged without reasonable Cause.

        1. 39.If any Person wrongfully and without reasonable Cause, lodges a...

      6. Caveat not Title of any Person.

        1. 40.A Caveat lodged in pursuance of this Act shall not...

  4. Part II Simplification of Title by Judicial Sales

    1. Sales by Court of Chancery

      1. Sales of Land may be made by the Court, on Application by Owner.

        1. 41.Sales may be made by the Court of Chancery of...

      2. Application to be served on Parties.

        1. 42.Such Application shall be served on such Persons as the...

      3. Court shall provide for Examination of Title, &c. before making Order for Sale.

        1. 43.By its preliminary Order or Orders, the Court shall provide...

      4. Applicant to give Security for Costs.

        1. 44.Before making any Order the Court may require the Applicant...

      5. Purchase Money to be paid into the Bank as Court may direct.

        1. 45.The Purchase Money on any Sale made by the Court...

      6. Such Payment to exonerate Purchaser from Liability.

        1. 46.The Payment of the Purchase Money in manner directed by...

      7. Vesting Order to be stamped.

        1. 47.Any Vesting Order by the Court shall bear the same...

      8. Applicant for Sale and his Solicitor may be examined concerning Title before Vesting Order made.

        1. 48.Before any Vesting Order is made as aforesaid, the Applicant...

      9. Where Sales are made under 20 Vict. c. 120. the Court may make Order as under this Act.

        1. 49.Where any Sale of the Fee Simple of Land is...

      10. Vesting Order to confer on Person in whom Land is vested an Estate in Fee Simple, with all Rights, Privileges, &c.

        1. 50.Every Vesting Order made by the Court of Chancery in...

      11. Court may make a qualified Vesting Order, where Title is shown for a limited Period only.

        1. 51.Where upon an Application being made for a Sale by...

      12. Effect of qualified Vesting Order.

        1. 52.A qualified Vesting Order shall not affect or prejudice any...

      13. Court of Chancery may require Production of Deeds, &c.

        1. 53.The Court of Chancery may, in the Course of any...

      14. Distribution of Monies paid into Bank.

        1. 54.The Court of Chancery shall determine the Rights and Priorities...

      15. As to Disposal of Money not immediately distributable.

        1. 55.Where any Money is payable in pursuance of this Act,...

      16. As to Disposal of Deeds after Vesting Order made.

        1. 56.When the Court of Chancery has made a Vesting Order...

      17. Vesting Order to direct Entry on Register.

        1. 57.Every such Vesting Order may direct the Registrar to enter...

      18. Registration with a qualified Title not to affect prior Claims.

        1. 58.The Registration of any Person as First Proprietor of Land...

      19. Entry of Discharge of Incumbrance.

        1. 59.Where upon the First Registration of the Land under a...

      20. Compensation to Persons aggrieved.

        1. 60.Where any Order has been made by the Court of...

      21. As to Costs and Expenses.

        1. 61.In every Proceeding under this Act the Court shall have...

      22. As to Assignment of Duties.

        1. 62.The Lord Chancellor may from Time to Time assign the...

  5. Part III As to the Transfer of registered Land

    1. 63.Conveyance, &c. of registered Land.

    2. 64.Attendance of Parties at Registry Office on Sale, &c. of registered Land.

    3. 65.Forms of Conveyance in Schedule hereto of registered Land.

    4. 66.Forms of Conveyance in Schedule as effectual as other Forms.

    5. 67.Forms may be modified or altered.

    6. As to Land Certificates

      1. Registrar to deliver Land Certificates.

        1. 68.The Registrar shall, upon Request, deliver to every Person who...

      2. Registrar, at Request of Holder, to compare Certificate with Registry.

        1. 69.At the Request of the Holder, the Registrar shall at...

      3. Registered Proprietors desirous of selling, &c. may obtain special Land Certificate.

        1. 70.Whenever any registered Proprietor shall be desirous of selling, mortgaging,...

      4. Certificate to be Evidence.

        1. 71.Every Land Certificate shall be Evidence of the several Matters...

      5. Conveyance of Lands by Endorsement.

        1. 72.The Lands, and the Estate therein of the Owner, described...

      6. Deposit of Certificate.

        1. 73.The Deposit of the Land Certificate shall, for the Purpose...

      7. Estates, &c. in Land may be created by Will, &c.

        1. 74.Every Person having a sufficient Estate or Interest in registered...

      8. On Conveyance of Estate, &c. on Register, Deed or Copy to be sent to Registrar.

        1. 75.On the Execution of any Deed or Instrument conveying, mortgaging,...

      9. When Deed received by Registrar, Estate created to be deemed duly registered.

        1. 76.So soon as the Original or the Copy of any...

      10. Notice when to be sent to Registrar.

        1. 77.Notice of every Instrument transferring, or in anywise dealing with...

      11. Where Estate transmitted to any Person by Descent such Person to be registered.

        1. 78.Where the Estate or Interest of a registered Proprietor is...

      12. Notice to be given to Heir at Law of Application for Registration of a Will.

        1. 79.On the Application of any Devisee for Registration of a...

      13. In case of Bankruptcy Assignees to be registered.

        1. 80.On the Bankruptcy of any registered Proprietor, the Assignee or...

      14. Memorial of Will may be registered instead of Copy thereof.

        1. 81.In lieu of a Copy of a Will, a Memorial...

      15. Execution to be proved as Registrar may require.

        1. 82.The Execution of the original Deed, Will, or Instrument so...

      16. Memorials of Descents, &c. to be registered, &c.

        1. 83.Memorials of Descents, Deaths, Marriages, and of the Evidence thereof...

      17. Registrar to note Effect of Instruments, &c.

        1. 84.On receiving any Instrument hereby directed to be registered the...

      18. Official Note, what to contain.

        1. 85.An Official Note of an Instrument entered on the Register...

      19. Printed Copy of Deed, &c. to be delivered to Registrar.

        1. 86.For the Purpose of Registration a printed Copy of every...

      20. Registrar in certain Cases may erase Official Note.

        1. 87.The Registrar, upon the Application of the Person entitled under...

      21. No Dealing with registered Land effectual until Stamp and ad valorem Duties paid.

        1. 88.No Dealing with any registered Land, nor any Instrument or...

  6. Part IV General Provisions to facilitate Registration

    1. 89.Money Charge not ascertained, &c. may be referred to Judge at Chambers.

    2. 90.Judge may order Money not distributable, &c. to be paid into Court of Chancery.

    3. 91.Deeds to be stamped.

    4. 92.Judge may decide Questions of Priority of Incumbrances, &c.

  7. As to Restraint of Conveyance

    1. Judge may decide Questions of Priority of Incumbrances, &c. As to Restrictions on Conveyance, &c. of Land.

      1. 93.Where the registered Proprietor of any Land or Charge is...

    2. Registrar to make a Note of such Restrictions.

      1. 94.The Registrar shall thereupon make a Note of such Directions...

    3. Court of Chancery may exercise Powers of 13 & 14 Vict. c. 60.

      1. 95.For the Purpose of authorizing or compelling a Transfer to...

  8. Caution

    1. Person interested may lodge Caution with Registrar.

      1. 96.Any Person interested under an Agreement, or otherwise howsoever, in...

    2. Caution to be supported by Affidavit.

      1. 97.The Caveat shall be supported by an Affidavit made by...

    3. Statutory Disposition of Land not to be registered until Notice served on Cautioner.

      1. 98.After any such Caveat has been lodged in respect of...

    4. Cautioner to give Security against Damage sustained by Delay of Disposition of Property.

      1. 99.If before the Expiration of the said Period of Twenty-one...

    5. Compensation for lodging Caution without reasonable Cause.

      1. 100.If any Person lodges a Caveat with the Registrar, he...

  9. Injunction

    1. Court of Chancery may issue Order restraining Disposition of Land, &c.

      1. 101.The Court of Chancery may, without Prejudice to the Exercise...

    2. Court of Chancery may annex Terms, &c. to such Order.

      1. 102.The Court may make or refuse any such Order, and...

    3. Jurisdiction of Courts of Equity.

      1. 103.Nothing contained in this Act shall take away or affect...

    4. Acts relating to Registries in Middlesex and York not to apply to Land on Register under this Act.

      1. 104.The Provisions of the several Acts of Parliament now in...

  10. Penalty on Fraud, &c

    1. Person making false Statement guilty of Misdemeanor.

      1. 105.If in any Proceeding to obtain the Registration of any...

    2. As to Persons aggrieved by Proceeding, &c. for any Act declared a Misdemeanor.

      1. 106.No Proceeding or Conviction for any Act hereby declared to...

    3. Answers to Bills, Questions, &c. not admissible in Evidence.

      1. 107.Nothing in this Act contained shall entitle any Person to...

    4. Establishment of Office of Land Registry.

      1. 108.An Office, to be called the Office of Land Registry,...

    5. Appointment of Registrar.

      1. 109.The Registrar shall be a Serjeant-at-Law or Barrister of Ten...

    6. Appointment of Assistant Registrars and Examiners of Title.

      1. 110.The Assistant Registrars and Examiners of Title shall be appointed...

    7. Salaries of Officers.

      1. 111.There shall be paid out of Monies to be provided...

    8. Retiring Pension of Registrar.

      1. 112.Her Majesty may, by Letters Patent under the Great Seal...

    9. Superannuation of Officers other than Registrar.

      1. 113.The Lord Chancellor may, with the Consent of the Commissioners...

    10. Crown, &c. Lands.

      1. 114.With respect to Lands vested in Her Majesty, Her Heirs...

    11. Provision as to Applications made by married Women.

      1. 115.Where any married Woman is desirous of making any Application,...

    12. Provision for other Persons under Disability.

      1. 116.Where any Person who (if not under Disability) might have...

    13. Registrars, &c. may administer Oaths, &c.

      1. 117.The Registrars and Assistant Registrars are hereby empowered to administer...

    14. As to Loss of Land Certificate.

      1. 118.If any Land Certificate is lost or destroyed, the Registrar...

    15. Granting of new Certificates.

      1. 119.The Registrar may, upon the Delivery up to him of...

    16. Lord Chancellor to make Rules and Orders for carrying into effect Purposes of Act.

      1. 120.The Lord Chancellor, with the Advice and Assistance of any...

    17. As to Assignment of Duties and Appointment of additional Clerks.

      1. 121.The Lord Chancellor may from Time to Time assign the...

    18. Forms to be printed and promulgated.

      1. 122.The Registrar shall, with the Sanction of the Lord Chancellor,...

    19. Seal of Land Registry Office.

      1. 123.A Seal shall be prepared for the Land Registry Office;...

    20. Addresses of Proprietors to be registered.

      1. 124.A Place of Address shall be given to the Registrar...

    21. Registrar may frame General Orders.

      1. 125.The Registrar shall, with the Sanction and under the Direction...

    22. Such Orders to have effect as Act of Parliament.

      1. 126.Any General Orders so made by the Registrar with such...

  11. Fees

    1. Registrar to determine Amount of Fees.

      1. 127.The Registrar shall, with the Sanction of the Lord Chancellor,...

    2. Matters to be considered in determining Amount of Fees.

      1. 128.In determining the Amount of Fees payable in respect of...

    3. Collection of Fees.

      1. 129.The following Rules shall be observed with respect to the...

    4. Stamp Acts applied to Stamps under this Act.

      1. 130.The several Acts for the Time being in force relating...

    5. Lord Chancellor may fix Scale of Costs.

      1. 131.The Lord Chancellor may from Time to Time fix a...

    6. Costs of Registration may, in certain Cases, be raised by Mortgage.

      1. 132.Where Registration is made on the Application of Parties who...

    7. Orders to be laid before Parliament.

      1. 133.All General Orders, Scales of Fees, and Costs made and...

  12. Proceedings in Court of Chancery

    1. Applications to Court of Chancery to be by Summons.

      1. 134.All Applications to be made to the Court of Chancery...

    2. Extension to Solicitors of Counties Palatine of Durham and Lancaster.

      1. 135.Any Proceeding, Matter, or Thing whatsoever directed or required by...

  13. Forms

    1. Forms.

      1. 136.The Forms in the Schedule hereto shall be used in...

  14. Inspection of Register

    1. Inspection of Register.

      1. 137.Subject to such Regulations as may be imposed, and to...

  15. Fraud

    1. Fraud a Misdemeanor.

      1. 138.If any Person fraudulently procures, assists in fraudulently procuring, or...

    2. Punishment.

      1. 139.Any Person convicted of a Misdemeanor under the last preceding...

    3. Interpretation of Terms.

      1. 140.In the Construction of this Act (except where the Context...

    1. Schedule

      Form of Transfer of Land

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