.nSmmMSSm fill 1 IB m mmimMm Mm IMSfe W^^^^XWf^Sii/^^i^^ WATERliW&.SQKS LIMITEDfLQHDON WALL, % ■wW -- ^mm valuers - — ■ NCOLNS INN ARCHWAY, F73 QJortifU ICam ^rtjonl Hibrary Digitized by Microsoft® .„_ Cornell University Library KD 984.F73P7 The Practice of the land registry under 3 1924 021 755 792 Digitized by Microsoft® This book was digitized by Microsoft Corporation in cooperation with Cornell University Libraries, 2007. You may use and print this copy in limited quantity for your personal purposes, but may not distribute or provide access to it (or modified or partial versions of it) for revenue-generating or other commercial purposes. Digitized by Microsoft® THE PRACTICE OF THE LAND REGISTRY TJNDEH THE TRANSFER OF LAND ACT, 1862, SUCH PORTIONS OP THE RULES AS ARE NOW IN FORCE AND GENERAL INSTRUCTIONS, NOTES, FORMS AND PRECEDENTS. CHAELES FORTESCUE-BRICKDALE, B.A., OP LINCOLN'S-INM", baekisteb. Assisting Barrister to the Land Registry, and Author of "Registration of Title to Laml,' "Registration of Title in Prussia?' fyc. Sec LONDON : WATERLOW AND SONS LIMITED, LONDON WALL. 1891. Digitized by Microsoft® teft I.OHDOH": WATURLOW AND SONS LIMITED, LONDON WALL. Digitized by Microsoft® PRE E ACE. THE Practice of the Land Begistry under the Transfer of Land Act, 1862, has for many years past been set forth in official publications issued from time to time ; but it seems that recent changes, and the increasing extent and complexity of the subject matter, have rendered this course no longer suitable. At the same time, the need of some work of the kind is sufficiently shewn by the fact that there are at present between 3,000 and ^0.00 separate estates registered under that Act, occasioning an^Vveragd of ^about seven or eight dealings per week. Most of these transactions might be more cheaply and satisfactorily conducted if the persons conducting them had a preliminary acquaintance with the practice of the Office. Having exceptional opportunities for ascertaining the prac- tice of the Land Registry on various points, I have prepared the present work in the hope that it may be found useful. The Act itself, being easily procurable, is not here printed, but full references to its subsisting provisions will be found in the Index. Also, such Rules and Forms as are now obsolete are noticed only and not printed at length. I hope, before long, to have ready a similar work on the Land Transfer Act of 1875, and, possibly, on some of the other Acts (including the Middlesex Registry Acts) which are administered in the Land Registry Office. C. EORTESCUE-BRICKDALE. 8, New Square, Lincoln's Inn, November, 1891. Digitized by Microsoft® TABLE OF CASES. PAGE Drew's Estate, He . 2, 23 Kennard, Ji'e ............ 23 Mason, e. p. ........... . 2 Eichardson, He 3 Winter, Re 3, 23 STATUTES CITED. 25 & 26 Vict. c. 53 (Transfer of Land, 1882). . . . .passim. 37 & 38 Vict. e. 42 (Building Societies) sec. 42 62 38 & 39 Vict. c. 87 (Land Transfer, 1875) Sec. 6 47 19, 63 to 59 48 68, 83 47 126 4, 47 45 & 46 Vict. c. 38 (Settled Land) 44 46 & 46 Vict. c. 39 (Conveyancing) Sec. 7 45 Sees. 8, 9 36 Digitized by Microsoft® CONTENTS. PART I.— GENERAL INSTRUCTIONS. PAGE Table op Cases iv Statutes Cited iv Chapter I. — Preliminary Observations — (i.) A precaution to be observed in dealing with land supposed to be unregistered .... 1 (ii.) The system on which the Registers are kept . 2 (iii.) Inspection of the Register 3 (iv.) Transfer of titles to the 1875 Register ... 4 Chapter II. — Precautions to be Observed in Dealing with Registered Land — (i.) As to the distinction to be observed between the Acts of 1862 and 1875 5 (ii.) The Contract 5 (iii.) The Abstract 7 (iv.) Searches ... 7 (v.) The Conveyance 9 (vi.) Completion 11 (vii.) Costs 12 (viii.) Dealings other than Sales 13 Chapter III. — Proceedings on applications to Register — (i.) As to the necessity of Registration of all Documents and Occurrences relating to Title .... 14 (ii.) The Modes of Registration 14 (iii.) Registration of Instruments not Testamentary. . 14 (iv.) Registration of Wills 15 (v.) Registration of Facts, &c 17 (vi.) Registration of a Chain of Title .... 18 (vii.) Attestation and Identity . .... 19 (viii.) Deposits for Expenses 21 (ix.) Completion of Registration and return of Documents 22 (x.) Appeals ......... 23 Digitized by Microsoft® VI CONTENTS. PAGE PAET II.— RULES AND ORDERS. General Rules and Orders of 1st October, 1862 . 24 General Rules and Orders of 6th July, 1864 . . 35 General Rules and Orders of 27th July, 1866 ... 46 Orders of 1st January, 1876 . 47 Fee Order of 16th January, 1889 . 50 Order of 12th October, 1891 53 FORMS AND PRECEDENTS— (i.) Forms in the Schedule to the Act .... 54 (ii.) Forms in the First Schedule to the Rules of 1862 . 56 (iii.) General Forms and Precedents . 60 Index . ... 81 Digitized by Microsoft® THE PEACTICE OF THE LAND REGISTRY UNDER THE TBANSFEE OF LAND ACT, 1862.* PART I.-GENERAL INSTRUCTIONS. Chapter I. — Preliminary Observations. (i.) A Precaution to be observed in dealing with Land supposed to be Unregistered. It is not safe to deal with any interest in land under a title commencing later than 1862, without searching the public index of lands kept in the Land Eegistry to see whether the land is registered under the Act of 1862 or 1875 or not. An instance has lately occurred of registered land having been dealt with as though unregistered for upwards of 22 years, in the course of which time a considerable number of dealings for value had taken place, and the vendor in the last transac- tion was quite unaware of the fact of the registration of the title. There are a certain number of registered estates where it is known that sales have taken place, and yet none of these sales, or only a small proportion, have as yet been recorded on the register. In these cases, a purchaser under a short title may easily miss the notice of registration endorsed on the earlier deeds. An appreciable risk of fraud, and inevitable ultimate inconvenience, are occasioned by ignoring the register, as will appear more fully in the following pages. * 25 & 26 Vict. c. 53, "An Act to facilitate the Proof of Title to, and the Conveyance of, Real estates." Digitized by Microsoft® 2 LAND REGISTRY PRACTICE— 1862 ACT. (ii.) The System on which the Registers are kept. The general system of the Transfer of Land Act, 1862, 25 & 26, Yict. o. 53, is to present at all times on the register (sec. 32) an exact summary of existing rights and interests in each particular estate registered, to give validity (sees. 20, 21, and 105) to such summary, in favour of persons dealing for value, and to confer an absolute title (sec. 74) on purchasers for value registered under the Act. The means adopted for carrying out this system are to some extent well known. The title to each estate having been first examined officially, the result of such original examination is stated on the register (sec. 14) as follows : — First. — The property itself is described in a book (or section of a book) called the Register of Estates ; the description giving as a rule the name (if any) of the property, the county and parish, and, in all cases of corporeal hereditaments, referring to a map, deposited in the offioe, shewing the boundaries of the estate. Second. — In another book (or section) called the Record of Title, all subsisting rights, interests and powers (except leases and incumbrances) and all exceptions, reservations, and conditions,* affecting such rights, &c, are entered or referred to. Third. — In the " Register of Mortgages and Incum- brances," incumbrances and long leases are stated. The register, being thus started, is further carried on as follows : — The Register of Estates and deposited map are used to shew what portions of the land have been sold, or otherwise disposed of, and carried off to fresh titles. When a conveyance of part of the land is brought to the Registry, a new map is made of the part affected, an independent set of entries, containing no * Only negative covenants and conditions legally running with the land can be thus entered ; personal covenants are inadmissible, notwithstanding expressions pur porting to create a perpetual charge [Be Drew's Estate, e. p. Mason,L.R, 2 Eq. 206), Digitized by Microsoft® CHAP. I.— PRELIMINARY OBSERVATIONS. 3 reference to the former title, is opened for it under a new number, the part thus separated is edged and numbered in green on the original deposited map, and a note to that effect is entered on the Register of Estates (rules 20 and 21 of 1864). The Record of Title is used to show all changes of owner- ship occurring in respect of the whole estate, and a few other incidental matters. An important distinction, however, is observed between sales and all other changes, namely, that on a sale* all previous entries on the register are cancelled, while on other changes (as by settlement, appointment, gift, foreclosure, bankruptcy, or death) a note of the effect of the instrument or occurrence in question is merely added to the register, the previous entries remaining undisturbed. In the Register of Mortgages and Incumbrances are entered mortgages, transfers of and other dealings with mortgages, and reconveyances. When a registered mortgage is discharged* it is cancelled entirely from the register, instead of (as with unregistered land) remaining a perpetual and integral portion of the title. Notices of long leases are also entered in this part of the register, but not dealings with leases. If it be desired to make a record of the ownership of a lease — a proceeding quite as useful as in the case of freeholds — a leasehold title is applied for. (iii.) Inspection of the Register. Only the owners of recorded estates and interests, their solicitors or agents, may inspect the register (sees. 15 and 137 of the Act). If such owners are not actually registered, proof of their ownership must be furnished, by statutory declaration or otherwise, to the satisfaction of the registrar. Any person authorised in writing by any of the above is considered to be included in the rule (see Form 16). No other person can inspect the register, except under an order of the Court. * On a sale by a mortgagee, the purchaser is registered as entitled in fee ; and the mortgage, and all subsequent incumbrances of the equity of redemption, are cancelled ; and the purchaser can remove the land from the register, though the mortgage be prior to the registration of the land (Be Richardson, L.K. 12 Eq. 398, and Be Winter, L.E. 15 Eq. 156). Digitized by Microsoft® 4 LAND REGISTRY PRACTICE— 1862 ACT. A person registered as owner of an estate which, has been removed from the register is not considered to be the owner of a recorded estate, and consequently cannot inspect the register, except under an order of the Court. There is a map index, shewing merely what land is registered, which is open to general public inspection. (iv.) Transfer of Titles to the 1875 Register. The 126th section of the Land Transfer Act, 1875, provides for the transfer of titles, without cost to the parties, from the 1862 register to the new register established under that Act. The principal advantages of transferring an estate to the 1875 register are that, the fees are lower, trusts are excluded from the register, dealings are simpler, and much more ex- peditious, documents are not required to be printed, and dealings are entered on the register without the delay attending the settlement of entries under the 1862 Act {see Chapter III. (ix.). The saving is most conspicuous on the cutting up of registered estates, the expenses being halved, and the time occupied in completion being decreased in an even greater ratio. Purchasers of registered land should apply (with the vendor's consent, which can be given by his solicitor, and which need not be verified) for such transfer before the completion of the pur- chase. Where the whole of the land in a title is being sold, there can be no reasonable objection to this. The benefit of the change will then be experienced at once, the purchase being completed according to the 1875 Aot. The latter Act contains no provision analogous to the 34th section of the 1862 Act, enabling estates to be removed from the register. In theory this is somewhat of a disadvantage. But under the improved system of the 1875 Act, the want of such a provision is not practically felt. Large numbers of titles are thus transferred every year. Details of the practice on thus transferring titles will be found in the orders of 1876, with notes and forms. Digitized by Microsoft® CHAP. II.— PRECAUTIONS ON DEALINGS. Chapter II. — Precautions to be observed in dealing with Registered Land. (i.) As to the distinction to be observed between the Acts of 1862 and 1875. It will have been observed that the term " registered land " may mean land registered under the Act of 1862 (to which alone this publication applies) or under the Aot of 1875. As the system of each Act differs essentially from that of the other, the first care should be to ascertain under which Act the land is registered. All titles numbered from 651 to 999 and from 4,000 to 6,999, are under the Act of 1875 ; the other numbers were formerly all under the Act of 1862, but are now somewhat mixed, owing to the frequency of transfers from the earlier to the later Act. Any number followed by the letter T signifies a transferred title, and is consequently under the 1875 Act. (ii.) The Contract. Where the land is registered with indefeasible title, and the vendor is entered as entitled in fee simple, or as the owner of a mortgage having a subsisting power of sale, or the rights of all necessary parties to the conveyance are otherwise plainly expressed on the register, no stipulation as to title need be made (see sec. 20 of the Act) except perhaps a condition (see Form 13) that no evidence shall be required as to mines and minerals, or as to the non-existence of liabilities not deemed to be incumbrances within the meaning of the Act (see list in sec. 27). Such a condition need not be objected to by a pur- chaser, as (with the exception of succession duty, as to which it is the practice of the office to enquire on every death, and to note on the register when not shewn to have been paid) these are matters which can usually be ascertained by enquiry on the land, and are not invariably to be found mentioned even in the title deeds of an estate. Digitized by Microsoft® 6 LAND REGISTRY PRACTICE— 1862 ACT. In such case there is no reason for delaying the date of completion of the contract beyond the two or three days necessary for inspection of the register and preparation of the conveyance. In cases where all unnecessary expense is to be avoided, a condition in Form 14, substituting an authority to inspect the register for the usual abstract will be found useful, and need not be objected to by a purchaser. It may even be doubted whether, in the case of registered land, the purchaser can demand anything more than such an authority, but the point has not yet been raised in practice. Where the vendor's right to sell does not appear upon the register, he will probably insert such express stipulations (if any) as the state of the register appears to require. The pur- chaser, however, should object to any stipulation either limiting his right to require the vendor to complete his own title on the register before completion, or throwing on the purchaser the expense of such proceedings as may be necessary for that pur- pose. The effect of such conditions occasionally is to preclude the purchaser from perfecting his title except at a heavy cost in money, trouble, and time. In the very few cases where the land has been registered without an indefeasible title, a suitable condition should be inserted to preclude enquiry into matters excepted from the effect of registration (see Form 15). Considering that no such title has been admissible to the register since 31st December, 1875, purchasers (as a rule) need not object to such a condition. Where the land to be sold is part only of the registered estate, the purchaser should enquire whether a land certificate has been issued, and if so, should stipulate for its production at the Registry free of expense. If the land is subject to a lease capable of registration, enquiry should be made as to whether it has been registered. If not, the expenses of its registration should be provided for, as, if it is mentioned in the conveyance, a fee of 10s. (per lease) will be charged. Digitized by Microsoft® CHAP. II.— PRECAUTIONS ON DEALINGS. (iii.) The Abstract. Where, as is usually the ease, the title on the register is quite simple, no abstract in the proper sense is required, a copy of the land certificate (if any), or copies of the entries on the register, being the utmost that a purchaser can demand. Where the title is not simple, the abstract should consist of a copy of the land certificate, or copies of entries in the register, with copies (or abstracts) of the documents referred to therein, and of the documents (if any) subsequent to the last registered document through which the vendor derives title. The purchaser should compare the abstract (or copies afore- said) with the register, and with the filed copies of documents referred to thereon. He need not compare any registered documents with the originals, all copies filed in the Eegistry being already so compared officially. In order to compare the abstract with the register it will be necessary to obtain the written authority of the registered owner or mortgagee, as the case may be, or his solicitor, to inspect the register (see Chapter I., " Inspection of Eegister "). No particular form of authority is necessary, Form 16 will suffice. The purchaser should require to be furnished with this authority free of expense, except, of course, the office fee for inspection of the register. (iv.) Searches. See Chapter I., "System of Keeping the Eegisters," and " Inspection of the Eegister." In searching, it should be seen that the vendor's title, or power of sale, is fully shown on the register. If not, the purchaser should require the omission to be made good by the vendor. Unless the defective registration of the title is expressly mentioned in the contract, and the expense of com- pleting it thrown on the purchaser, this should be done at Digitized by Microsoft® 8 LAND REGISTRY PRACTICE— 1862 ACT. the vendor's expense, even though involving the production of a document not in his possession. For it would seem that neither the general provisions of section 3, sub-section 6 of the Conveyancing Act, 1881, nor any merely general condition in a contract to the like effect, would apply to the case of registered land. Registered land bears very little analogy in this respect to unregistered. For if the land be unregistered, non- production of an abstracted document is merely a question of evidence, but if the land be registered the non-registration of a material document is a question of title, as the registrar will refuse to enter the purchaser's conveyance unless the intermediate title is made up. It should be noticed (if not already ascertained) whether a land certificate has been issued, as its production will be necessary on registering the purchase (see rule 16 of 1864, and note). If a " caveat " is found affeoting the land purchased, the vendor must be asked to obtain an undertaking that no objection will be made under it. In any case it will involve a delay of 21 days in registering the purchase, as there is no power under the Act to remove a caveat, or to waive the notice required to be given, even with consent (see sees. 96 to 100 of the Act, and rule 32 of 1862, and notes). If a " restraint of conveyance " be found, it must be seen that the conditions imposed by it can be complied with (see sees. 93 and 94 of the Act, and rules 30 and 31 of 1862, and notes). If the vendors are trustees, or if any question, doubt, or enquiry is suggested by any entry on the register or by any document referred to thereon, the purchaser should proceed with the greatest vigilance, and should not waive any proper requisition made, for if he does he will probably find it made against himself on the application to register his conveyance. It follows from sections 20 and 104 of the Act that no searches in the Middlesex or Yorkshire registers, or in the Central Office, or any other place, need be made. Digitized by Microsoft® CHAP. II.— PRECAUTIONS ON DEALINGS. 9 There is no power under the Act for the registrar to make official searches of any kind. (v.) The Conveyance. The Schedule to the Act contains forms of conveyance, mort- gage, transfer (of land) by endorsement on land certificate, and transfer of charge (see Forms 1 to 4, and notes thereon). Section 136 provides that the statutory forms shall be used in all matters to which they refer, but by virtue of sections 74, 75 and 76, instruments in any form are capable of registration also. The forms in the Schedule to the Act will be found suitable for all simple cases, and should be used where practicable. They may be adapted to circumstances. Where they are used no charge is made for the examination of the printed copies filed. Documents, facts, and matters (including restrictive covenants and conditions, exceptions, incumbrances, leases, &c.) which appear on the register should not be recited or other- wise mentioned in the conveyance, except, perhaps, by a general reference to the register. Exceptions and incumbrances of all kinds are carried over as a matter of course to the purchaser's title unless dply put an end to. Covenants for title are unnecessary where the vendor's power to sell is clearly shown on the register, though, perhaps, it may still be thought advisable to insert the statutory words "as beneficial owner," &c, for the sake of further assurance, if thought necessary. If unregistered leases are mentioned in a conveyance of the freehold, the registration of the conveyance is treated as a registration of the leases, for which a fee of 10s. per lease is required to be paid. It is advisable, therefore, in granting leases of registered land, to stipulate that the lessee shall forthwith register notice of his lease at his own expense. Unregistered land can be dealt with by the same deed as registered land. Digitized by Microsoft® 10 LAND REGISTRY PRACTICE— 1862 ACT. On a sale by the Court the recitals should state the action and various orders in the usual way, and on registration these will he verified by production of the orders, or office copies, and the paymaster's certificates of receipt of deposit and balance of purchase money. Where the whole (or whole remaining) land in a title is being dealt with, a detailed description or plan of the land conveyed is useless, and even undesirable, as it may lead to question. The words " All the land now comprised in Title No. , in the office of Land Registry " are quite sufficient- No mention should be made of the land certificate, nor, where a new number has been given to land, is there any need to refer to its original, or any former, number. Where only a part of the land comprised in the title is being dealt with the deed must have a plan endorsed. Where practicable, this plan should be a copy of, or extract from, the deposited map of the estate, and should contain sufficient particulars to enable the office surveyor to find, and accurately mark off, the piece sold on the deposited map. Expense and delay in the subsequent completion of the registration sometimes arise from a neglect of this pre- caution. An enlargement of the whole or of any part can be added, if desired. If dimensions are given, great care should be taken to see that they are accurate. Where the land is not level, the true horizontal measurements should be given, and not the actual measurements of the surface. The office surveyor will give all assistance that may be needed in preparing such plans, and should always be consulted by purchasers before preparing conveyances of parts of estates. No charge is made for such consultation, and subsequent trouble and delay may be avoided by this precaution. The making of a new deposit map of the part transferred, together with the time occupied in obtaining the necessary approval of it by the parties, usually oauses a delay of about three weeks in completing the registration of a sale of part. Digitized by Microsoft® CHAP. II.— PRECAUTIONS ON DEALINGS. 11 This delay can be entirely prevented if the purchaser orders the map as soon as the contract is signed, or at least pari passu ■with the preparation of the conveyance. Documents relating to registered land bear the usual stamps, and it is the duty of the registrar to see that the stamps are correct before he can accept any document for registration. The Act (sec. 86) requires a printed copy of every instrument to be filed in the office. Expense and delay on completing the registration can be saved by having the deed printed (foolscap size) for execution, and the copies for filing struok off from the same type.* This is specially useful where many deeds in the same general form are likely to be wanted, as in leases, or sales in lots. The details (to a reasonable extent) can be filled up in manuscript. The copies for filing must be printed on white foolscap paper. If not sent with the application, the prints are made by the office stationer for 8d. a folio ; minimum charge, 6s. 8d. (vi.) Completion. The priority of instruments depending (as in the Middlesex and Yorkshire Registries) on the dates of registration (see sec. 74 of the Act), it is, of course, desirable (1) to know the exact state of the register at the moment of completing the transaction, and (2) to register all documents immediately on completion. There are various ways of obtaining this effect. The Act (sec. 64) and rules (25 of 1862 and 1 to 3 of 1864) permit of completion at the Land Registry. But this is inconvenient in practice, and is rarely, if ever, resorted to. A better way of obtaining the same effect is for the vendor to apply (in Form 8), a few days before the completion, for a " special land certificate,"of the title, or part of the title, to be dealt with (see sees. 70, 76 of the Act). Such certificate places a block on the register for fourteen days, or till its return. There- * If the draft is sent to the office stationer, he will print it on parchment and paper suitably to the Land Registry requirements, procure stamp (if desired), and return for execution. His charges are 8d. a foiio, minimum 6s. Sd., plus two or three shillings for parchment, &c, and Is. 6d. for attendance at Somerset House (if required). These should be prepaid. 2 Digitized by Microsoft® la LAND REGISTRY PRACTICE— 1862 ACT. fore, the purchaser can safely pay hismoney if such a certificate be produced and handed over to him on the execution of the conveyance. He will, of course, take care to send the convey- ance to the office (and the special certificate with it) before the expiration of the fourteen days from the date of issue. In the absence of special stipulation the cost of the special certificate (see fee order of 1889) will fall on the purohaser. Another way is, after searching, to place a " caveat " on the register ; but this has the defect of delaying the completion of registration. Also, it is not perfectly clear that a caveat would afford as complete protection under all circumstances as would be obtainable under a special land certificate. If the vendor does not object, a " restraint on conveyance " in favour of the purchaser can be placed on the register (see sees. 93, 94 of the Aot, and rules 30 and 31 of 1862 and Form 7). If, in this way, the consent of the purchaser were made necessary to any sale within a certain time, it would seem an effectual protection against the vendor's fraud. It should be noted, in such a case, that the purchaser's signature, either to the deed or to the application to register, would need to be verified to prove his consent. Where only part of the land comprised in the title is being dealt with, the application for the speoial certificate, caveat, or restriction, should have a tracing confining it to the part in question. As to the execution of the deed, see also, Chapter III. (vii.), " Attestation and Identity." (vii.) Costs. Schedule I. of the remuneration order of 1881 does not apply to dealings with registered land. Charges should be made according to the amount of work done, documents perused and prepared, attendances, &o. It appears that a practice prevails to some extent of charging as under the said Schedule I., and defraying the Registry fees -and incidentals out of the sum so charged, but there seems to be no warrant for such a course. Digitized by Microsoft® CHAP. II.— PRECAUTIONS ON DEALINGS. 13 (viii.) Dealings other than Sales. With the necessary alterations, the same precautions should be observed on all dealings as above laid down for sales. There are statutory forms of mortgage and transfer of mort- gage (Forms 2 and 4), and their use is recommended, but the use of special forms being in no way compulsory, instruments may be drawn as usual with unregistered land. On dealings with mortgages the usual enquiry should be made of the mortgagor as to the state of the mortgage debt, for the register is not conclusive as to this. A mortgagee should require a land certificate to be taken out and delivered to him. Otherwise, if a certificate be afterwards issued to the mortgagor, there may be a difficulty in registering a purchaser under the power of sale (see rule 16 of 1864). Intermediate dealings with mortgages which have not been registered should be fully recited (see note to rule 9 of 1864). Transfers and reconveyances of mortgages are registered, but not assignments or mortgages of leases (rule 25 of 1864), except where a " leasehold title " has been registered. Leases and agreements for leases, for over 21 years, or not in occupation, must be registered (sees. 27, 32, 74, of the Act, and see rule 25 of 1864), such leases should contain a stipulation that the lessee shall forthwith either register a " leasehold title " under the Act of 1875, or shall enter notice of the lease on the register at his own expense ; otherwise the oost of so doing (10s. per lease) will fall on the freeholder on the next conveyance in which it is mentioned. As to proceedings on deaths, bankruptcies, &c, see Chapter III. (v.) partitions, p. 17. The rule as to printing (see. 86 of the Act) applies to all documents to be registered. Care should be taken to make all references to the register accurate. Every instrument relating to a part only of a registered estate must have a plan endorsed, (rule 21 of 1864) as to which it is advisable to consult the office surveyor before preparing the deed. Digitized by Microsoft® 14 LAND REGISTRY PRACTICE— 1862 ACT. Chapter III. — Proceedings on Applications to Kegister. ((i.) As to the Necessity of Registration of all Documents and Occurrences relating to Title. Every document and every occurrence whereby the title to land is affected should be registered (see sec. 32 of the Act). A subsequent registered purchaser for value is protected against all unregistered estates and interests (sec. 74). For the pur- poses of dealings for value (including contracts) persons are to be deemed entitled to the interests recorded, free from all other claims (sees. 20, 21), except certain minor rights set forth in section 27. It is obvious from these provisions that any person becoming entitled to or interested in registered land runs a considerable risk by neglecting to register — a greater risk, in fact, than is incurred by neglecting to register a deed (relating to unregistered land) in Middlesex or York- shire, for in Middlesex or Yorkshire purchasers are not justified in relying on the Eegistry without enquiring for the deeds, but in the case of registered land they are. (ii.) The Modes of Registration. Instruments in writing* are registered by filing printed copies (sec. 86 of the Act), or, in the case of wills, by filing memorials containing the material portions (sec. 81). Occurrences, such as descents, deaths, marriages, and other matters not consisting of writing, are registered by filing printed memorials, stating the occurrences in question (sec. 83). (iii.) Registration of Instruments not Testamentary. To obtain registration of any instrument not testamentary there should be sent to the office — * This includes a statutory receipt on a building society's mortgage, and any memorandum relating to deposit of land certificate. Digitized by Microsoft® CHAP III.— APPLICATIONS TO REGISTER. 15 (1.) Application to register, in Form 6 ; and see sees. 75 to 83 of the Act and rule 26 of 1862. (2.) The original instrument. (3.) Statutory declaration verifying execution and identifying the grantor, in Form 17 ; and see rule 4 of 1864, and " Attestation and Identity," p. 19. (4.) Two copies of the instrument, printed on white foolscap paper, or a deposit for printing (see rules 34 of 1862 and 14 and 15 of 1864, and "Deposits for Expenses" p. 21). (5.) The fee for registration, in Land Eegistry stamps, affixed to the application (see rules 36 and 48 of 1862 and 11 of 1864, and fee order of 1889, and notes). (6.) Deposit of cash to meet expenses (see rules 11 and 15 of 1864 and "Deposits for Expenses" p. 21). (7.) Where there is a plan on the instrument, a tracing of the plan. (8.) In the case of an absolute transfer of the fee simple ; the land certificate (if any) (see rule 16 of 1864). The application thus received is proceeded with and com- pleted as stated below, " Completion of Eegistration." If a new or altered land certificate be desired, an application therefor should be left at the same time (see notes to rule 23 of 1862). (iv.) Registration of Wills. See rule 6 of 1864. Only wills relating to beneficial interests in freehold land should be registered as such. On the death of an owner of a leasehold title, or of a mortgage, or of a sole trustee of free- hold land, only the appointment of personal representatives should be registered. For this see the next heading, " Eegis- tration of Facts," &c. The registration of a memorial of the death should, in strict- ness, precede the registration of the will ; but in practice the two are generally registered together. For registration of a death alone, see the next heading. Digitized by Microsoft® 16 LAND REGISTRY PRACTICE— 1862 ACT. To obtain registration of a death and will as to freehold land, there should be sent to the office — (1.) Application to register, in Form 18 ; and see rule 26 of 1862. (2.) Memorial of death, in Form 19, or of death and will, Form 20. (3.) The probate, or office copy, or original will. (4.) Statutory declaration, verifying execution and identifying testator, in Form 21, p. 63. Where the probate is produced a mere declaration of identity in Form 27 will suffice. (5.) Two copies of the memorial and (where the will is not memorialised) probate (or will) printed on white foolscap paper (see rule 6 of 1864 and notes). (6.) Receipts for succession duty, if payable. If not payable, the exemption (if not apparent from the will) ehould be explained in a written statement. (7.) The name and address of the heir-at-law (if known) for service of notice of the application to register a will. As to this, further evidence by statutory declara- tion or otherwise may be required by the registrar. (8.) Certificate of the value of the estate, with all im- provements — (see Form 22) — signed by a solicitor, or embodied in the statutory declaration of the applicant, or of a valuer. (Should any question as to value arise, the registrar has power to require further evidence — see rules 36 of 1862, and 12 of 1864.) (0,) The fee for registration, as above directed, "Registration of Instruments not Testamentary," para. (5). Where (as is usual) the death is registered at the same time, the fee (5s.) for registering a death will also be payable in addition. Digitized by Microsoft® CHAP. III.— APPLICATIONS TO REGISTER. 17 (10.) Deposit, as above directed, in the case of other instruments, para. (6). The land certificate need not be produced, unless a new or corrected certificate be required, in which case see p. 15 (iii.) (end) as to certificates. "Where the will contains devises of different estates, and does not distinguish them by reference to the register, a statutory declaration should be furnished identifying the estate with its description in the will, or stating that it forms part of the residuary gift. Where the will contains separate devises of different portions of the estate, the devisees should make a joint application in Form 23 for the registration of the will and for the separation of the several portions into separate titles. The evidence should include a statutory declaration, exhibiting a plan, dis- tinguishing the portions separately devised, and identifying the several verbal descriptions in the will with the portions shewn on the plan. The same process will apply to a partition deed, only if there be a good plan on the deed no further evidence as to the parcels will be needed. It is occasionally convenient to register, together with a death and will, sundry other instruments and occurrences, such as deaths of annuitants, tenants for life, or trustees, failure of issue, disclaimers, &c. The memorial can be made to extend to these matters without difficulty. Forms 24 and 25 are examples of such memorials. (v.) Registration of Facts, 8fc. A memorial of every occurrence affecting the title to regis- tered land should be registered (see sec. 83 of the Act). The principal classes of such occurrences requiring registration will appear from the forms, &c, referred to below. To obtain registration of such an occurrence there should be left at the office — (1.) Application to register, in Form 26. Digitized by Microsoft® 18 LAND REGISTRY PRACTICE— 1862 ACT. (2.) Memorial of the occurrence in question, and of the evidence to be furnished in support (see various Forms 28 to 44, and rule 7 of 1864). (3.) Statutory declaration, in Form 27, exhibiting the certificates, orders, resolutions, or other evidence required (see Forms 28 to 44 and notes thereto) and identifying the person named in such certificates, &c, with the person named on the register as the owner of the estate or interest affected. (4, 5, 6.) Certificate of value, fee, and deposit, as above, in the case of wills, paras. (8), (9), and instruments, para. (6.) The memorial should not be printed before it has been settled by the registrar. (7.) Such other evidence as may be necessary under the circumstances of the case, as to which see the Forms 28 to 44, above referred to. See last page as to certificates. (vi.) Registration of a Chain of Title. It occasionally happens, owing to the neglect of persons interested to register their conveyances, &c, at the proper time, that a number of consecutive documents and facts are required to be registered together, some of which (for instance, discharged mortgages, and dealings with the land previous to the last sale) are entirely exhausted, and have no subsisting effect whatever. With regard to the exhausted deeds and facts, it is not necessary to register them at full length, though, if they are not numerous and not very long, it will generally be found easier to do so than to incur the trouble and expense of memorialising them. But where these exhausted matters are very lengthy it will be found best to separate them out and register a memorial only with respect to them. This memorial will be verified in the office by comparison with the original documents or other evidenoe, and will be cancelled at the same time that it is registered. The memorial should state, with Digitized by Microsoft® CHAP. III.— APPLICATIONS TO REGISTER. 19 the utmost conciseness, each step in the title. Forms 45 and 47 are examples of such memorials.* Subsisting documents and matters, that is, the last purchase deed and all matters subsequent to it, and all subsisting mortgages, must be registered separately in the usual way, by printed copy of each deed and separate memorial of facts, &c. (if any). In the case of dealings with mortgages and incumbrances only, and facts affecting the title thereto, it suffices to recite them fully in the document tendered for registration. The original documents and evidences of facts are produced at the same time and compared with the recitals in the deed. This distinction is owing to section 77 of the Act, which appears to authorise less formality in these cases. In any case, the fees which would have been paid on each registration, according to the scale of charges subsisting when the application is actually made, will have to be paid, except that where the transaction in respect of which the application is made, affects only a part of the land comprised in the earlier transactions, a proportionate reduction of the fees payable on those transactions is allowed. Cases of special hardship should be mentioned to the registrar, and his directions taken (see rule 17 of 1864). (vii.) Attestation and Identity. (1.) In the case of documents : — In the absence of special circumstances (as to which, see below) there must be a statutory declaration by the attesting witness (who may be any person) verifying execution by the grantor, and also a statutory declaration by a solicitor iden- tifying the grantor as the person named in the register (if such be the case) under the title affected (see rule 4 of 1864). * Form 26 will suffice for the application, which will be presented as above directed (v.) If the memorial includes an absolute transfer of the fee simple, the land certificate (if any) must accompany the application (see rule 16 of 1864). Digitized by Microsoft® 20 LAND REGISTRY PRACTICE— 1862 ACT. It is generally found convenient for the solicitor who in- tends to identify the grantor, also to attest execution by him : thus only one declaration is required. Form 17 is suited to these circumstances, and can also be adapted to the case where the attesting witness is not a solicitor and separate declarations are made. Where the instrument is executed by attorney, the require- ments stated in the note to rule 5 of 1864, must be attended to. In the case of wills, the declaration by the attesting witness should also state that the testator was of sound mind at the time of executing the will {see Form 21). "Where successive documents of title are included in one application, the identity of the first (or registered) grantor should (if possible) be regularly proved by a solicitor ; as to the remainder, the declaration of any suitable person will suffice. The declarations should identify each subsequent grantor as the grantee named in the previous deed. In the case of a vesting or other order of Court, if the order clearly identifies the registered owner as a party to the proceedings, or as the testator in the cause (or as the case may be), no declaration of identity will be required. Execution by a building society or company will be sufficiently verified by a declaration by the solicitor, secretary, or other competent officer, in Form 48. The identity of the society or company need not be specially proved. "Where an instrument is executed abroad, it should, if prac- ticable, be executed before a British consular officer or notary, whose sealed certificate of execution and identity -will be sufficient verification. Otherwise, the attesting witness should make his declaration before a British Consular offioer, and a solicitor's declaration of identity (from the handwriting) should also be furnished. (2.) In the case of facts : — A statutory declaration of identity by a solicitor (if possible), in Form 27, should be furnished {see also the evidence stated in the various examples in Forms 28 to 47). Digitized by Microsoft® CHAP. III.— APPLICATIONS TO REGISTER. 21 (3.) In cases of difficulty : — Where the above regulations cannot be complied with, with- out a disproportionate amount of trouble or expense, such evidence should be furnished as may be reasonably available, accompanied by a written statement of the circumstances which have oaused the difficulty. The registrar has a general discretion in such cases under rules 4 and 17 of 1864. (viii.) Deposits for Expenses. In addition to the registration fees, there are certain expenses in connection with all registrations for which (under rules 12 of 1862 and 11 and 15 of 1864) provision is required to be made by leaving a deposit of money with the application. The deposits required vary according to circumstances, and are as follows : — (1.) On application to register : — In all cases . . . . .£050 For printing (where required) . 15 For new deposit map (where required, namely, on the sub-division of an estate) 10 No document will be noted on the register or considered to be received for registration unless or until (in addition to the Land Registry and Inland Revenue stamps due) the above deposit has been paid. Cheques and orders for deposits should be made payable to " the Office Stationer, Land Registry." An account will be kept of all expenses, and the balance or deficiency (if any) will be returned to, or paid by, the applicant when the registration is complete. Where a document is very lengthy, or an unusually expensive map is required, a higher or additional deposit may be demanded. For scale of authorised stationer's charges, see note to rule 2 of 1866. Digitized by Microsoft® 22 LAND REGISTRY PRACTICE— 1862 ACT. The expenses thus provided for include (besides printing and mapping, where required) examining print (see note 8 to fee order of 1889), fair copying statements of draft entries for approval by the parties, engrossing entries in register, and Is. for keeping and fair copying the account. (2.) On application for land certificate : — Where the tracing from a former certificate is available for use in the new certificate . . . £0 7 6 Where there is no such tracing avail- able 10 The same regulations apply, as above stated in the case of applications to register, except that sixpence only is chargeable for keeping the account, and, where the application is made at the same time as an application to register, no separate charge for the account is made. The above sums are independent of Land Registry fees and Inland Eevenue stamps. Stamps for these should be affixed and impressed respectively before the application is left in the office. (ix.) Completion of Registration and return of Documents. See rules 26 and 27 of 1862 and rule 17 of 1864, and notes. As soon as the instrument is left in the office, with the proper application, evidence, and fees, a temporary note is entered in the register forthwith (rule 19 of 1864), and the date of such note is the date of the registration (see sec. 36 of the Act). The instrument is then printed (if not printed by the appli- cant), and if a new map is required it is made and submitted to the applicant for approval. The printing takes two or three days, the making and approving of the map (where needed) usually occupies three weeks, but if the directions in Chapter II. (v.) are followed, both these delays may be entirely avoided. Digitized by Microsoft® CHAP. III.— APPLICATIONS TO REGISTER. 23 Statements of the proposed entries in the register, and any requisitions that may appear necessary are then issued, in accordance with rules 27 and 28 of 1862. The drafting and issuing of these statements occupies three or four days as a rule. When the applicant has returned the statement, approved, and has satisfied the requisitions (if any), and the 10 days allowed for the other parties to object have elapsed, the case is marked as ready for entry in the register, the application is virtually completed, and the land certificate, if desired, can be issued. The instrument is endorsed with notice of registration, and «an be returned as soon as the statement is approved and requisitions satisfied. As instruments are kept in the office till called for, or otherwise demanded, applicants should remember to give directions in returning their statements as to the return •of the instrument. (x.) Appeals. Questions as to the effect of instruments, rights of person, and mode of entry in the register, can be referred by the registrar, or by any party interested, to a judge of the Chanoery Division (sec 17 of the Act). A statement in writing of the circumstances of the case should first be prepared for the opinion of the Court, and certified by the registrar {Re Kennard, 11 Jur. N. S. 27). For an example, see Re Winter, L.E,. 15 Eq. 157, note. After the statement is certified the summons {see Form 57) should be taken out by the party appealing : it need not be served on the registrar, who does not appear. The statement should accompany it. The reference is heard ex parte. {Re Drew's Estate, L.E. 2 Eq. 206), in chambers (sec. 134), though hitherto always adjourned into Court. When the order is obtained it should be left, with a copy of the summons, at the registry. Digitized by Microsoft® 24 LAND REGISTRY PRACTICE— 1862 ACT. PAET II.-EULES AND OEDEES. GENERAL RULES AND ORDERS OE 1st OCTOBER, 1862. (MADE UNDER THE 125th SECTION OF THE ACT.) [Rules 1 to 11 relate exclusively to the first registration of titles under ths Act of 1862, and are now obsolete, owing to section 125 of the Land Transfer Act, 1875, which discontinued such registrations.] Security for Costs and Expenses. 12. The applicant shall, when required by the registrar, secure the payment of any costs or expenses, by the under- taking in writing of himself or his solicitor, or by deposit of money, as the registrar may from time to time direct. See Chapter III. (viii.), " Deposits for Expenses." [Rules 13 to 22 relate exclusively to first registrations and are, there- fore, omitted.] Land Certificates and Certificates of Incumbrances. 23. Any person entitled to have and requiring a land certifi- cate, or certificate of incumbrance, shall apply for the same in writing, stating the particular nature of the certificate required, and the number of the estate on the Registry. Every application for a special land certificate shall be accompanied by the original land certificate, which shall be left at the office, in order that suoh note may be made thereon as is required by section 70 of the Aot. Digitized by Microsoft® RULES AND ORDERS OF 1862, 25 Every person who is named or described in the record of title as the owner of any estate or interest in land on thp register is entitled to have a land certificate (sec. 68 of the Act), and any person who shall appear by the register of incumbrances to be entitled to any mortgage, charge or incumbrance on registered land is entitled to have a certificate of incum- brance (sec. 69 of the Act). Notwithstanding the general expressions of sections 68 and 69, it is not the practice of the office to issue more than one certificate in relation to the same estate or incumbrance, though more than one person may appear from the register to be entitled. Application for a land certificate, or certificate of incumbrance, should be in Forms 8 and 9 respectively. Land Registry stamps for the fee should be affixed to the form (see fee order of 1889) and a deposit for cost of engrossing should also accompany {see Chapter III. (viii.), " Deposits for Expenses "). Where a previous certificate has been issued it should accompany the application, or evidence (by statutory declaration) of its loss or destruction should be furnished. This is proved (usually) by a statutory declaration stating the facts, so far as known, the enquiries made, and the deponents' means of information, and see sec. 118 of the Act. As to certificates generally, see sees. 68]to 73 and 118 and 119 of the Act. It will be observed that the provisions as to new certificates, comparison of certificates with the register, special certificates, certificates being evidence, conveyance by endorsement, deposit of certificate, loss or destruction of certificates, and new certificates, do not expressly include certificates of incumbrance. It is, however, the practice of the office to apply these provisions, except the provisions as to special certificates, to certificates of incumbrance. As to production of certificates on transfers, see rule 16 of 1864, and notes thereto. The use of special certificates is explained in Chapter II. (vi.), " Completion." 24. If any comparison of, alteration in, addition to, or omission from a land certificate or certificate of incumbrance shall be at any time required, application for the same shall be made in writing, and such course shall be taken and acts done with respect thereto as the registrar shall direct. The holder, whether or not appearing on the register to be interested in the land, can apply for comparison of the certificate with the register (sec. 69 of the Act). The application should be in Form 10, and should be accompanied by the certificate, the fee, and a deposit, as stated in the note to the last rule. The alteration of a certificate, under sec. 69, is in the discretion of the registrar ; in no case can a land certificate be altered after a transfer for value of the whole of the land comprised in it. In such case a new certificate should be applied for. Digitized by Microsoft® 26 LAND REGISTRY PRACTICE— 1862 ACT. Attendances at the Office on Sale, Sfc, of Registered Land. 25. Previously to any attendance at the office under the 64th section of the Act, an appointment shall be made for the purpose at least two days before the day fixed for such attend- ance, and at the time of making such appointment the person making the same shall leave in the office a concise statement in writing of the nature of the proposed dealing, referring also to the number of the estate on the Registry. The applicant shall cause all such notices (if any) to be given, and such acts to be done as the registrar shall direct. See further, rules 1, 2, 3 of 1864, and Form 51. The Land Registry stamps for the registration should be affixed to the statement. But see Chapter II. (vi.), " Completion." Transfers after Registration not completed under G4:th Section of the Act. 26. In case of any transfer, conveyance; or transmission of the estate or interest of any person on the register, by deed or will, or intestacy or bankruptcy, or in any way whatever, or in case of any estate or interest, use, trust, mortgage, charge, lien, right, or title being granted, declared, or arising, or be- coming vested, or in any manner created or having come into existence with respect to any land on the register or any mort- gage, charge, or incumbrance thereon, any person desiring to register the same shall make an application, signed by such person or his solicitor, for that purpose, and suoh application shall state the name of the person on the register whose estate or interest may have been so transmitted or affected or dealt with, and the particulars of the property, and the number thereof on the register, and the nature of the new estate or other interest created or declared or arisen, or come into existence therein, and how the same has been created or declared or has Digitized by Microsoft® RULES AND ORDERS OF 1862. 27 arisen or come into existence, and such further or other par- ticulars as may be required by the registrar. See sees.. 75 to 83 of the Act, and Chapter III. generally. 27. The registrar shall thereupon require such notices to be served and given, and such proof and evidence as he shall think proper, previous to registering such application. The usual notices required to be served are statements (see next rule) of the proposed entries in the register. These are sent to every person appearing from the register to be affected, giving 10 days for objections (if any). The usual proof and evidence is as stated in Chapter III. generally, and in rules 4 to 9 of 1864, and notes. 28. The person so applying shall leave in the office the statement, signed by himself or his solicitor, of the particular estate or interest or right or title which he requires to be entered on the register, and any objection made by the appli- cant to the settlement thereof by the registrar shall be pro- ceeded on in all respects in like manner as is provided by the 13th order with reference to the original registration. The applicant is not required in practice to prepare this statement, nor is it convenient that he should do so. It is drafted by the registrar in accordance with sections 84 and 85 of the Act, and sent to the applicant (or his solicitor) for approval. The registration cannot be completed till it is returned approved by him. The 13th order is (as to objections) as follows : — "Objections . . . shall be made in writing and left in the office within such time as shall be appointed for that purpose. On such objections being left an appointment shall be obtained for attendance before the registrar for the consideration thereof." Notice under 77th Section of the Act. 29. All notices under the 77th section of the Act shall be • signed by the party giving the same, or his solicitor, and contain a proper and sufficient description of and reference to the property on the register, and the name of the person entered on the register, and the date of the instrument, and 3 Digitized by Microsoft® %% LAND REGISTRY PRACTICE— 1862 ACT. the names of the parties thereto, and the consideration for the same, and such other particulars as -will enable the regis- trar to make the necessary entry thereof, and shall contain also an address at which all notices may be served in Great Britain. Section 77 of the Act provides that notice of every instrument dealing with a registered incumbrance shall be given to the registrar and noted on the register. Rule 10 of 1864 assimilates (for all practical purposes) the procedure under section 77 to that on dealings with land. This appears tp be in accord- ance with section 75, and with rule 26, p. 26. The application should there- fore be framed as directed in Chapter III. (iii.), " Registration of Instruments not Testamentary," and, when left, will be proceeded with as under rules 26, 27, 28, pp. 26, 27,' and rules 4 to 9 of 1864, &c. Restraint of Conveyance. 30. Every application under the 93rd section of the Act shall be signed by the applicant or his solicitor, and shall state the land or charge to which it relates, and refer to the number of the estate on the register, and shall state the particular re- striction sought to be placed on the register, and such other particulars as will enable the necessary entry to be made on the register. Section 93 of the Act provides that the registered proprietor of land or a charge may, as therein mentioned, register certain restrictions on trans- ferring or charging the same. See Form 7 for application to register such restriction — • The application should be written on white foolscap paper and should bear Land Registry stamps for the fee (see fee order of 1889, and note especially the proviso to the fee for restrictions), and should be accompanied by a statutory declaration by the applicant or his solicitor, stating the nature, and giving full particulars (including value) of the estate or interest which the restraint is intended to protect. Evidence must also be furnished that all stamp duties payable in respect of such estate or interest have been paid. It will be observed (sec. 93) that only the proprietor of the land or charge to which the restraint is to relate can apply for its registration, and that (under sec. 94) the registrar has a discretion as to registering the restraint. The signature need not be verified, and the restraint need not be printed unless required by the registrar. 31. Any application to withdraw or modify any such re- striction shall also be signed by the person making the same, Digitized by Microsoft® RULES AND ORDERS OF 1862. 29 and shall state all necessary particulars, and be supported by satisfactory evidence. The application (which may be in any form) must be made (sec. 94) by all the persons appearing to the registrar to be interested in the restraint. All signatures must be verified in the usual way (see Chapter III., (vii.), " Attestation and Identity"). The evidence will usually be a statutory declaration by the applicant or one of the applicants, stating the facts, and supported, when appropriate, by documentary proof. Where a restriction merely requires the consent of some person, his written consent, duly verified as usual, is all that is required. Caution or Caveat after Registration. 32. Every caution or caveat lodged under the 96th section of the Act shall be signed by the party lodging the same, or his solicitor, and shall contain an address in Great Britain at which such party is to be served with the notice referred to in the 98th section, and also a description of the land or charge to which the same applies, and his interest therein, and the number of the estate on the register. See sees. 96 to 100 and 124 of the Act. The words " caution " and " Great Britain " appear to have been in- serted here inadvertently. " Caveat" and " England " are the expressions used in the sections referred to. Application is made by merely lodging the caveat (in Form 11) with Land Registry stamp affixed (see fee order, 1889), accompanied by a statutory declaration by the applicant or his solicitor, and evidence as to stamp duty, as above stated, in note to rule 30 in the case of a "restraint.'' Usually no notice of the lodging of a caveat is given to the owner of the land. The caveat need not be printed, and should be written on white foolscap paper. It will be observed (sec. 96) that the applicant may be any person interested in the land or a charge. There is no power under the Act for the cautioner to remove his caveat, or to waive his right to notice, or to consent to a registration being completed before the expiration of 21 days from the date of the notice. There is no power to enter a caveat against a person generally, without specifying the land to be affected. After notice has been given (see Form 12) of any dealing affecting the whole of the land comprised in a title, the caveat is removed, and must be renewed if desired to continue. The same caveat may affect several titles, a fee of 5s. being payable on every title affected after the first. Digitized by Microsoft® 30 LAND REGISTRY PRACTICE— 1862 ACT. If the cautioner's interest extends to only part of the land in a title, the caveat should be confined to that part {see note to Form 11) : otherwise a case of damages might arise under sec. 100 of the Act. Caveats are not intended to be substitutes for registration, but only to protect exceptional, minor, or temporary rights. The proviso to the fee order of 1889 should be carefully noticed . Evidence. 33. Affidavits, to be used in the office, may be sworn before the assistant registrar or a commissioner appointed to take affidavits in the Court of Chancery. The Registrar may, if he think fit, require evidence to be given viva voce before him, and that any affidavits shall be sworn before himself. All affidavits shall be filed in the office, and office copies thereof be taken for use. Ordinary statutory declarations are used for all purposes in the Registry {see rule 49, p. 34) and may be taken in the office. Declarations now require no Inland Revenue stamp {see order of 1891). The former Land Registry fee of 2s. 6d. on filing declarations is remitted in almost all cases {see fee order of 1889). 34. All documents required to be printed, shall, for the sake of uniformity, be printed on paper or parchment of such size and description as shall be approved of by the registrar. White foolscap is the paper approved. Value for the purposes of the 127th and 128th Sections of the Act. 35. In the case of the registration of land or of any transfer of land on the occasion of a sale, the registrar may require evidence that the sum mentioned in the instrument of sale as the purchase money is bond fide the full consideration for which the lands were contracted to be sold, and he may refuse to make such registration until he has been satisfied as to the amount or value of the bond fide consideration for which such lands were contracted to be sold. This power is seldom, if ever, used. Digitized by Microsoft® RULES AND ORDERS OE 1862. 31 36v In the case of the registration of land, or of any transfer of land not upon a sale, and in the case of a land certificate, the value of the land, shall, if required by the registrar, be stated in an affidavit made by or on behalf of the applicant, and may, if the registrar shall think fit, be ascertained by a computation made by him from the rental of the land, or by such other means as shall be satisfactory to the registrar, or may be settled by agreement between him and the applicant ; and in the case of the registration of any charge or transfer of charge by way of annuity or yearly sum, the value thereof shall be ascertained by the registrar by affidavit or by such other means as shall be satisfactory to him, or may be settled by agreement. Usually, the certificate of a solicitor or the statutory declaration of the applicant, or of a valuer, is sufficient evidence of value (see rule 12 of 1864). Where a land certificate is applied for by a purchaser on a sale, no evidence of value is required. Form 22 will usually suffice for the purposes of this rule. Removal of Land from the Register. 37. If any registered proprietor of land shall desire to remove the same from the register, he shall make application for that purpose signed by himself, and satisfactory proof shall be given of the consent of all necessary parties to such removal. And previously to such removal, every land certificate or certificate of incumbrance granted with reference to such land shall be delivered up to the registrar and deposited in the office. And see sec. 34 of the Act. In most cases it will be found preferable to transfer the land to the register kept under the Act of 1875, where fees are lower, and the pro- cedure on dealings and registrations is simpler and more expeditious (see Chapter I. (iv.), " Transfer of Titles," &c, and Orders of 1876). Section 34 requires the consent of all persons appearing by the register to be interested in the land ; this includes mortgagees, beneficiaries under settlements, though under disability, in last form, down to " died on the," &c.) having made his 'will, dated, &c, in the following words . — ( Copy) [or which will, so far as it relates to the said title, is as follows : — {Extracts.)*] The said will was proved on the {date) in the [principal] Registry by CD. and E.F., two of the executors therein named, power being reserved for G.H., the other executor, to prove. The following evidence is left in support of the above memorial : (1) Probate of the said will; (2) Statutory declaration of K.L. an attesting witness ; (3) Statutory declaration of identity. Dated, Sfc. {Signature of Applicant or his Solicitor.) * The extracts may be supplemented by short abstracts of intervening portions where necessary or convenient. Foem 21. Statutory Declaration of Attesting Witness to a Will. I, A.B., of, &c, solicitor, solemnly and sincerely declare as^ follows : — 1. I was well acquainted with CD., the person named in the probate {or will), dated, &c, marked A. (and in the certificate of death marked B.), now produced to me. 2. I saw him sign the same as his will in the presence of myself and E.F. [the other witness.] The said CD. was, at the time, of sound mind, memory, arid understanding [or The name CD. at the foot thereof is in the handwriting of the said CD.] 3. I bad confidential relationship with the said CD. and intimate knowledge of his affairs. All proper searches were made among his papers and effects, and no later testamentary writing than the said will was found among them, and I believe the same to be his last will. 4. The said CD. is the same person as the CD. who is named in the register under the title No. And I make, Sfc. Note. — If the whole of the above declaration cannot be made by one person it should be broken up. Each declaration should begin with para. 1. Para. 2 must be made by the attesting witness; para. 4 must be made by a solicitor if practicable. Digitized by Microsoft® 64 LAND REGISTRY PRACTICE— 1862 ACT. Fobm 22. Certificate of Value. Land Register. No. of Title I, X. Y., of, SfC, hereby certify that I am well acquainted with the hereditaments comprised in the document dated the day of , 18 , proposed to be registered, being [part of] the estate registered under the No. , and that the annual value of such hereditaments, including all improvements, does not exceed £ or the value for sale £ Dated, Sfc. (Signed) X.T. This form can be varied or converted into a statutory declaration where necessary. Fobm 23. Application to Register Death and Will by Devisees of different portions of the Estate. No. of Title A.B., of, fyc, and CD., of, 8fc, having become respectively entitled to or interested in several portions of land comprised in the title above referred to as the respective devisees of the fee simple under the will of E.F., of, &c, hereby request the Registrar to register the death of the said E.F. and their respective titles to the said several portions of land as aforesaid, under separate numbers. Foem 24. Memorial of Death and Will, Deaths of Life Tenants, and Default of Issue, Disclaimer by Trustee, Payment of Debts. (Commencement as in Form 19, down to "died on the" (date) having by his will dated, &c, devised the land comprised in the said title to his widow for life, with remainder to A.B. and CD. in fee simple on trust for E.F. for life, with remainders over for the benefit of the wife and children of the said F.F., and in default for G.H. for life with remainders over, and the testator appointed the said A.B. and CD., his executors, and charged his real estate with the payment of his debts and empowered his said executors and trustees to sell the said land with the consent of the tenant for life.* "- This short summary of the will is merely to render the rest of the memorial intelligible. A copy of, or extracts from, the will must also be filed as usual. Digitized by Microsoft® FORMS AND PRECEDENTS. 65 The testator's said wife pre-deceased him. The said -will was proved (&c, as in Form 20,). The said CD. never acted in the trusts of the said will, and by deed poll, dated, &c, he disclaimed them. The said E.F. died on the, &c, without ever having been married. All the testator's debts have long since been paid. The succession duty on the deaths of the testator and the said E.F. has been paid. The following evidence (&c, as in Form 20, with the addition of the necessary statutory declarations exhibiting certificates of death, where necessary. Also the original deed poll of disclaimer, declaration of identity of CD., executors' certificate as to payment of debts, Sfc. Conclude as in Form 20). Foem 25. Memorial of Death and Will, Annuity, Devise in Fee, Death of Trustee. {Commencement as in Form 19, down to "died on the" (date) having by his will (date) appointed CD., of, &c, since deceased, and E.F., of, X 29 3 30 3 6 30 ) 27 X 30 3 6 35 4 40 FOLLOWERS . . 23 X 28 2 6 26 3 30 24 X 29 3 30 3 6 36 A * 10* X 17 1 10 6 1 2 12 i n 4 x is 1 2 12 1 4 13 6 INDENTURES f § 13 x 17 1 3 14 1 6 16 and 1 S 18 x 21 1 9 IS 2 21 FOLLOWERS $ 19 X 25 2 3 22 2 6 25 2 6 26 2 9 28 j 1 22 X 27 2 9 28 3 30 85 & 86, LONDON WALL, LONDON. 12 Digitized by Microsoft® WATERLOWfy SONS LIMITED, PARCHMENT DEALERS. PRICE LIST OF PARCHMENT— continued. PROBATES, "WITH OR WITHOUT HEADING, BLACK LINED AND RULED. When ordering, the full size of Skin should always be given. ORDINARY QUALITY. BEST SELECTED. Bach. Per doz. Each. Per doz. 12 X 16 15 X 20 18 X 24 22 X 27 .... 26 X 29 . . 28 X 32 s. d. 1 1 6 2 2 9 3 3 9 s. d. 10 6 15 22 28 30 40 g. d. 1 2 1 9 2 3 3 3 6 4 !. d. 12 18 25 30 36 45 BOOKWAY PROBATES, HEADED, RULED AND EXDOHSED. ORDINARY QUALITY. BEST SELECTED. Each. Per doz. Each. Per doz. s. d. s. d. S. d. 8. d. Fronts (headed and ruled) 10 X 12 10 9 1 10 6 Insides (ruled only) . 10 X 12 10 9 1 10 6 Backs (ruled and endorsed) 12 X 12 10 9 1 10 6 Backs (ruled, not endorsed) 12 X 12 10 9 1 10 6 Fronts (headed and ruled) 10J X 18J 1 10 6 1 2 12 Insides (ruled only) . . 10 J X 13$ 1 10 6 1 2 12 Backs (ruled and endorsed) 10 J X 15 1 10 6 1 2 12 ' Backs (ruled, not endorsed) 10J x 15 1 10 6 1 2 • 12 PAPER INDENTURES, AGREEMENTS, &c, PRINTED, RULED AND RED -LINED. Large Post 4to. Medium 4to. F'cap. Demy. Royal. This Indenture Memorandum of Agreement An Agreement Inventory and Valuation Know all Men . This is the Last "Will, &c. . [not red-lined) Followers for same . Per Quire, s. d. 2 6 2 6 2 6 2 6 2 6 2 6 Per Quire, s. d. 3 3 3 :i 3 Per Quire, s. d. 3 6 3 6 3 6 3 6 3 6 3 6 3 6 Per Quire. t. d. 4 6 4 6 4 6 4 6 4 6 4 6 4 6 Per Quire. 8. d. 6 6 6 6 6 6 s. d. This is the Last Will, &c, on Lined Brief . . . per quire 2 6 85 & 86, LONDON WALL, LONDON. Digitized by-Mcrosoft® WATERLOW $ SONS LIMITED, LAW PUBLISHERS. PRACTICAL SUGGESTIONS ON THE PREPARATION AND REGISTRATION OF DEEDS AND OTHER DOCUMENTS, AT THE VARIOUS PUBLIC OFFICES, WITH TABLES OIF 1 FEES AND AN I3STDBX. Second Edition. Post Free, One Shilling and Eight Pence. PRACTICAL HINTS ON THE PREPARATION AND REGISTEATION 01? Joint Stock Companies' Forms, WITH Precedents, Table of Fees and Stamp Duties, and an Index. Second Edition. Post Free, One Shilling and Eight Pence. sr. & 8G, LONDON WALL, LONDON. Digitized by Microsoft® WATERLOW % SONS LIMITED, LAW STATIONERS. LAW WRITING AND ENGROSSING. 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