PART XAmendments of the Land Transfer Acts, 1875 and 1897.
Contracts, Acquisition of Easements, and Evidence.
176As to contracts and the acquisition of easements or other benefits.
(1)
Subject to any entry to the contrary on the register, the registered proprietor of any land, or charge, may enter into any contract in reference thereto in like manner as if the land or charge had not been registered, and, subject to any disposition for valuable consideration which may be registered or protected on the register before the contract is completed or protected on the register, the same may be enforced as a minor interest against any succeeding registered proprietor in like manner and to the same extent as if he were an assign.
(2)
A contract entered into for the benefit of registered land or a charge may (if the same would have been enforceable by the owner for the time being of the land or charge, if not registered, or by a person deriving title under the party contracting for the benefit) be enforced by the registered proprietor for the time being of the land or charge.
(3)
The registered proprietor of land may accept for the benefit thereof the grant of any easement, right, or privilege or the benefit of any restrictive covenant or provision (affecting other land whether registered or not) in like manner and to the same extent as if he were legally and beneficially entitled to the fee simple in possession or to the term created by the registered lease for his own benefit free from incumbrances.
(4)
If before the registration of any freehold or leasehold land with an absolute or good leasehold title any easement, right, or privilege has been acquired for the benefit of the land, then, on such registration, the easement, right, or privilege shall, subject to any entry to the contrary oh the register, become appurtenant to the registered estate in like manner as if it had been granted to the proprietor who is registered as aforesaid.
177Provisions as to vendor and purchaser, and effect of covenants for title.
(1)
Subsection (1) of section sixteen of the Act of 1897 is hereby repealed and the following provisions shall be substituted therefor:—
On a sale of registered land—
(a)
The vendor shall, notwithstanding any stipulation to the contrary, at his own expense furnish the purchaser with an authority to inspect the register, and, if required, with a copy of the subsisting entries in the register and of any filed plans and copies or abstracts of any documents or any part thereof noted on the register so far as they respectively affect the land to be sold (except charges or incumbrances registered or protected on the register which are to be discharged at or prior to completion):
Provided that unless the purchase money exceeds one thousand pounds the costs of the copies and abstracts of the said entries plans and documents shall, in the absence of any stipulation to the contrary, be borne by the purchaser requiring the same :
(b)
The vendor shall, subject to any stipulation to the contrary, at his own expense furnish the purchaser with such copies, abstracts and evidence (if any) in respect of any subsisting rights and interests appurtenant to the registered land as to which the register is not conclusive, and of any matters excepted from the effect of registration as the purchaser would have been entitled to if the land had not been registered:
(c)
Except as aforesaid, and notwithstanding any stipulation to the contrary, it shall not be necessary for the vendor to furnish the purchaser with any abstract or other written evidence of title, or any copy or abstract of the land certificate or of any certificate of charge:
(d)
Where the register refers to a filed abstract or copy of or extract from a deed or other document such abstract or extract shall as between vendor and purchaser be assumed to be correct, and to contain all material portions of the original, and no person dealing with registered land or a registered charge shall have a right to require production of the original, or be affected in any way by any provisions of the said document other than those appearing in such abstract, copy, or extract, and any person suffering loss by reason of any error or omission in such abstract, copy, or extract shall be entitled to be indemnified under the Acts..
(2)
Subsection (3) of section sixteen aforesaid is hereby repealed and in substitution therefor rules may be made for prescribing the effect of covenants implied by virtue of section seven of the Conveyancing Act, 1881, in dispositions of registered land.
178Office copies, &c. to he evidence, and as to right of production.
(1)
Office copies of and extracts from the register and of and from documents and plans filed in the registry shall be admissible in evidence in all causes and matters and between all persons or parties to the same extent as the originals would be admissible, but any person suffering loss by reason of the inaccuracy of any such copy or extract shall be entitled to be indemnified under the Acts, and no solicitor, trustee, personal representative, or other person in a fiduciary position shall be answerable in respect of any loss occasioned by relying on any such copy or extract.
(2)
When any document is delivered or returned by the registrar to any person he may require such person to give, at the cost of the registry, a statutory acknowledgment of the right of the registrar and his successors in office to production of such document and to delivery of copies thereof, and may endorse notice of such right on the document, and the acknowledgment shall not be liable to stamp duty.