In 2015, the State Duma has been registered a bill that covers public access to information about the owners of the property. Under the Act it will no longer be possible to lodge such a caution but existing cautions will remain in the register by virtue of the transitional provisions contained in paragraphs 1 and 2(3) of Schedule 12. Under the Act, again subject to statutory exceptions, a lease granted for seven years (rather than for 21 years as at present) or less cannot be a registered estate, but will override first registration and registered dispositions, even though not mentioned in the register. It can arise in a number of ways, such as on grant or by custom. The section therefore provides that any transfer of, or the grant or reservation of any legal estate out of, registered land, is a registrable disposition. Where are the dates of compulsory first registration? . If this is the legal position then, for example, if A grants B a right of pre-emption over registered land which B immediately protects by entry of notice in the register, and A then mortgages the land to C, it seems likely that C will not be bound by the right of pre-emption because the execution of the mortgage probably does not cause the pre-emption to crystallise into an equitable interest. Registrable dispositions, when registered, confer a legal estate, and are therefore given special priority provided for in sections 28 to 30. Subsection (1) specifies the legal estates that may be registered. Where there is a disposition, they must therefore travel from disponor to disponee, and then to the Land Registry for registration. These disposition requirements also apply to dispositions by operation of law apart from those that occur on the death or bankruptcy of an individual, the dissolution of a company or the creation of a legal charge which is a local land charge (section 27(5)). Overreaching: to overreach an interest under a trust of land or settlement on a disposition of land means to dispose of that land free of that interest. It is these rights that may be the subject of court proceedings which ultimately give rise to an alteration in the register. Registration of such lands would protect them against encroachments by adverse possessors who might (for example) construct pipelines or other works within internal waters but outside the body of a county. If a recipient who has objected disputes that a condition applies, then if the objection is not disposed of by agreement the matter will have to be referred to the adjudicator under the general provision as to objections. [24] Land registration is governed by the Land Transfer Act 1952.[25]. Where the title to a manor is already registered the proprietor may apply for it to be. Rectification can only be ordered by the registrar against a proprietor of land in possession in the limited cases explained in the notes to paragraph 2. These provisions are therefore no longer required. This section of the Act corrects that. of UP has eased the experience for their citizens to get the land records. Additionally, rules may provide for other requirements to be met to take advantage of further developments in this field which might aid the security of transactions. 21.The following is a summary of the contents of the Act: to continue provision for a register of title to estates in land, and explain what interests can be the subject of title registration; to specify who is entitled to apply voluntarily for the first registration of a title; to define when an application must be made, on whom the duty to make it lies; and the consequences of failing to do so; to define the titles in freehold and leasehold land which may be registered, and the effects of registration; to provide for cautions against first registration; to define the powers of an owner of registered land, and who can exercise them; to make provision to protect disponees from the effect of limits on powers which are not the subject of an entry in the register; to define the dispositions of registered land which must be registered; to lay down rules about the effect of dispositions on the priority of interests effecting registered land; to provide for the registration of third party rights against registered titles by means of notices in the register and for the entry of restrictions which limit the circumstances in which an entry in the register may be made in respect of a disposition of registered land without the approval of the Registrar or a court; to make provision about the relative priority of charges on registered land and about powers and duties of chargees; to make provision about the effects of registration of title; to make provision about alteration of the register; to make provision for public access to the register; to make provision for procedures for priority periods during which the rights of intending buyers can be protected; to make provision for a right to object to applications to the Registrar and for the reference of disputes about applications to the adjudicator; to make special provision for a number of cases for which that is appropriate, including various matters relating to the Crown, and the treatment on pending actions, writs, orders and deeds of arrangement (including bankruptcy petitions and orders); to enable dispositions with a connection to land registration to be made by means of documents in electronic form; to enable registration to be made a pre-condition to effect dispositions of registered land or other interests which are the subject of a notice in the register; to enable an electronic network to be set up to carry out functions related to registration; to provide for circumstances in which conveyancers may be required to use electronic means to complete and register transactions simultaneously; to introduce a new regime for dealing with adverse possession in relation to certain registered interests; to make provision about the land registry, including the conduct of business and fees; to establish a new independent officer to determine disputes between individual parties relating to land registration, and to regulate proceedings before him; to enable specific provision to be made for a number of rights in land, and other miscellaneous and general provisions. Rules will, as now, govern the practice and procedure to be followed in relation to hearings. Secondly, anyone suffering loss because of the upgrading of a class of title (see section 62) will be entitled to indemnity as if there had been a rectification of the register. This section gives the registrar power to enter a notice in respect of an interest that is an interest of the kind mentioned in Schedule 1, provided that it is not excluded by section 33 above. If any of those notified oppose the application it will be rejected, unless the adverse possessor can bring him or herself within one or more of three conditions. The section does not disapply the formal statutory or common law requirements relating to deeds and documents but deems compliance with them. This section defines the nature of a restriction. Leases of more than seven years, (and certain other leases as specified in section 27), will be registered in their own right rather than just recorded in the register relating to the landlords title. If a court holds that the defence applies then it must order the registrar to register the squatter as proprietor of the affected estate (subsection (5)). [29] A title could be issued Limited as to Title or Limited as to Parcel if there were doubts about the ownership or the survey. Under section 70(1)(k) of the 1925 Act leases granted for a term not exceeding 21 years are overriding interests. 232.Paragraph 3 relates to rectification cases only. A squatter will be entitled to apply to be registered as proprietor after ten years adverse possession and the registered proprietor, any registered chargee, and certain other persons interested in the land will be notified of the application. The priority of any interest in registered land is therefore determined by the date of creation. 13 October 2003 In particular, these additional rules will cover the adjudicators ability to determine (or give directions about the determination of) applications to which the reference related, and such other present or future applications as the rules provide. 307.Paragraph 4 provides that section 56(3) of the 1925 Act shall still apply to cautions against dealings. In a paper-based system, documents have to be executed by the parties and then exchanged and delivered. They are a historical document and wanted them returned. Under subsection (3), the power may not be exercised to require the compulsory registration of an estate granted to a mortgagee, because no benefit would be derived from requiring a charge over land to be registered, if the title to the estate affected remained unregistered. 63.An explanation of the categories of lease which are registrable under subsection (2)(b) is to be found in paragraphs 30 to 32. 309.Paragraph 6 provides that subsections (1) and (2) of section 53 of the 1925 Act shall continue to apply to applications for cautions against first registration which are pending when those subsections are repealed. It is similar to but not the same as an option, because the grantee can purchase the property only if the grantor decides that he or she wants to sell. They have been prepared by the Lord Chancellor's Department (. This is a new provision not covered in the current rules. This means that registered proprietors will have one year from the coming into force of the rest of the Act to take proceedings against any squatter who might fall within paragraph 5(4) or otherwise regularise his or her position so that he or she is no longer in adverse possession. one which on creation ranks in priority ahead of other mortgages affecting the mortgaged estate) out of a legal freehold estate, or a lease with more than seven years to run. 312.Under paragraph 9, where an easement or profit prendre is an overriding interest at the time when the Act comes into force, but would not be under the provisions of paragraph 3 of Schedule 3, its priority will be protected without the need for registration. It would thus suffice if: X is the successor in title of an earlier squatter from whom he or she acquired the land, and, taken together, the two periods of adverse possession amount to ten years; or. Normally, A will not be a trustee of the settlement but at least two others (who will not be registered as proprietors) will be. Kenya's rapid urbanisation takes toll on Maasai communal land. C is bound by her rights and so alteration of the register will not involve rectification. Section 60 for the first time incorporates the general boundary principle into statute, and provides for rules to be made in relation to the fixing of boundaries. 233.Paragraph 5 gives the registrar power to alter the register without the need for the matter to be considered by a court. Because it is an entry to regulate the circumstances in which a disposition of a registered estate or charge may be the subject of an entry in the register, no restriction can be entered in respect of dealings with interests the title to which cannot be entered in the register. Rules will govern when a notice is treated as having been received. Again, even defective titles can be registered as absolute, if the registrar considers that the defect will not cause the holding under it to be challenged. 29.Under subsection (3), transfers do not include transfers by operation of law (where, for example, an owners property vests in personal representatives on death). At present this function is performed by the Solicitor to HM Land Registry and those acting under his authority. The Registry of Deeds has since 1708 dealt with the registration of wills, marriage settlements, title deeds, mortgage documents and other documentation concerning granting of title over land. Section 2(a) is concerned with the unregistered estates which are capable of being registered. The one exception to the overriding status of occupation rights is an interest under a settlement under the Settled Land Act 1925. 119.This is a new duty. The third would, for example, cover where the applicant could establish to the registrars satisfaction that the registered proprietor had granted him or her an easement. The first compulsory area was. The first condition set out in paragraph 5 is intended to provide statutory recognition for the equitable principles of proprietary estoppel. Access essential accompanying documents and information for this legislation item from this tab. Under the present system, equitable easements over unregistered land also have overriding status even if they have not been protected, as they should be, by registration under the Land Charges Act 1972. If it is necessary to repeat a transaction because it became void under the provisions in Section 7, the person who is responsible for the registration is liable to the disponor or mortgagee for all the proper costs of and incidental to the repeated disposition. 262.Where a squatter is entitled to be registered because he or she reasonably but mistakenly believed themselves to be the owner of the land under paragraph 5(4), they might find that they were entitled to be registered as proprietor of the land on this basis on the day that the legislation is brought into force, even though they have only been in adverse possession for 10 years and, the day before, the registered proprietor could have successfully initiated possession proceedings against them. The general law applicable to orders of the High Court also applies to orders made by the adjudicator under this section. 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