19.The Act also revises the arrangements for the handling of business within the Land Registry. 83.This section defines the nature of a restriction. 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. No certificates or guarantees of title are issued: the registry merely endeavours to provide information concerning the deeds lodged against a certain property and, crucially, the order in which they were lodged such as the last named owner or the latest mortgage to be lodged. Lastly, subsection (9) deals with electronic documents executed without a seal on behalf of a company. It does not affect the priority of competing charges over a companys property. Examples of cases where restrictions might be employed using such form are: to reflect a freezing injunction granted over a registered property; where the registered proprietor (typically a corporation or statutory body) has limited powers of disposition; and where under a registered charge the chargor agrees with the chargee to exclude his or her statutory power of leasing under the Law of Property Act 1925, section 99. In this context, electronic signature does not necessarily mean a signature in the ordinarily accepted sense. People who apply for either must act reasonably. The case referred to above is where an applicant is registered because his or her application was determined by reference to one of the three conditions. The land register (nekilnojamojo turto registras) contains factual data (area, height, volume, year of construction and owner name) and legal data (agreements of joint ownership, court rulings, easement, mortgages) on immovable property such as land and buildings. 212.Paragraph 3 has the effect that a legal easement or profit prendre overrides first registration. 255.The first condition set out in paragraph 5 is intended to provide statutory recognition for the equitable principles of proprietary estoppel. As under the current law, that will not include a nominal consideration in money, where the general rule of priority applies. 8.Under this system freehold titles are registered with three degrees of quality, and leasehold with four. 232.Paragraph 3 relates to rectification cases only. The rules about the information to be kept in the register, and its form and arrangement, will enable it to be translated into electronic form, in due course. It has no equivalent in the current legislation because of differences of drafting in specifying the dispositions which are subject to the requirement of compulsory registration in the 1925 Act, and in the Act. Normally, A will not be a trustee of the settlement but at least two others (who will not be registered as proprietors) will be. 305.Sections 55 (effect of cautions against dealings) and 56 (general provisions as to cautions) of the Land Registration Act 1925 will continue to have effect in relation to cautions against dealings, so that, (depending on any rules made under paragraph 2(4)) the present system of warning-off a caution could continue. Access essential accompanying documents and information for this legislation item from this tab. Initially registration was voluntary. The Hong Kong Land Registry administers the Land Registration Ordinance and provides facilities for search of the Land Register and related records by the public and government departments. Where registration is triggered by the creation of a protected legal mortgage (under section 4 (1)(g)), the mortgagor must apply for the registration of the estate charged by the mortgage. One way in which a title to land may be defective is that owners can have limited powers, and may purport to make a disposition beyond them. Rules will cover when boundary fixing can occur, how it will be done and what procedures will be used. 67.Sections 28 to 30 provide a clear statutory statement of the principles that determine the priority of interests in registered land. The system of priority searching means that any entry made on a register during the priority period of a search will be postponed to a subsequent application to register the instrument effecting the purchase. Secondly, the electronic document must bear the electronic signature of each person who must authenticate it. An example of where it might be appropriate for the registrar to exercise his power is if the restriction requires a consent by a named individual and he or she has disappeared. 331.The provisions of the Act will be brought into force by commencement orders made by the Lord Chancellor for England and Wales. The mechanisms both for executing and for handing over electronic documents can be different. The intention is to ensure that it is clear on the face of the register if someone has powers of disposal over registered land. 31.Compulsory registration will also apply where a lease is granted to take effect more than three months after it is granted. So, for example, it would not be possible to enter a restriction against the assignment of a lease granted for a term of seven years or less, since the title to such a lease cannot ordinarily be registered. This exception will not often apply and will only occur when the lease in question has not been registered and the person to whom the lease was granted was for some other reason already in occupation. If a registrable disposition of either a registered estate or a registered charge is made for valuable consideration, completion of the disposition by registration has the effect of postponing to the interest under the disposition any interest affecting the estate or charge immediately before the disposition whose priority is not protected at the time of registration. 127.The main categories of Crown land are: land belonging to Government departments; land held by the monarch in right of the Crown (the Crown Estate); the two Royal Duchies of Cornwall and Lancaster; and. The position may be that a right of pre-emption does not confer on the grantee an interest in land but when the grantor chooses to sell the property, the right of pre-emption becomes an equitable interest in land. Where conflicting obligations do arise, paragraph 6 provides that the obligation under the network access agreement prevails and discharges the other obligation to the extent that they conflict. The fact that none of the matters is capable of falling within paragraph 2 of Schedule 1 or Schedule 3 means that their priority has to be protected by means of an entry in the register, under the Act either a notice or a restriction. Where that is so, the notes set out below relating to them are not repeated in the notes on Schedule 3. The exception in favour of chargees means that section 15 of the Limitation Act 1980 will continue to apply to an action by a chargee for possession or foreclosure, to enforce its security. 63.An explanation of the categories of lease which are registrable under subsection (2)(b) is to be found in paragraphs 30 to 32. Section 37 provides that a conveyance, grant or assignment executed, under section 32, of a house situated in a National Park or in certain other areas shall contain a covenant limiting the freedom of the purchaser to dispose of the house (as therein provided). However, the Land Registration Act 1925made registration compulsory and it was gradually phased in until by 1990 any transfer of land or property triggered the need to register it at the Land Registry. The subsection, however, makes it possible to achieve the same commercial confidentiality by means of a unilateral notice. Land Transfer (Compulsory Registration of Titles) Act 1924. Manorial rights are a very specific category of rights granted before 1926 and include a tenants right of common and a lords sporting rights. [14] These laws are not, however, establish an immediate full liability of the state for the correctness of the information contained in databases. Registrable dispositions, when registered, confer a legal estate, and are therefore given special priority provided for in sections 28 to 30. In favour of those dealing with them, owners of registered land will be presumed to have unrestricted powers of disposition in the absence of any entry in the register. The effect of paragraph 19(2) is to preserve this position. Public access to the index and folios is limited to individuals who have an account with the Property Registration Authority. Rules may govern the information to be kept in the register, and its form. This provision is new, and is designed to avoid a conveyancing trap that such reversionary leases may create. This section replicates this procedure. Where the term of the lease is for more than seven years, the grantee or successor in title must be entered in the register as the proprietor of the lease, and a notice in respect of the lease must also be entered (Schedule 2, paragraph 4). 330.This Act has been superseded apart from its provisions for the designation of areas of land as Souvenir Land outside the terms of the land registration system. 298.The words substituted for paragraph 6(1) will have the equivalent effect under the Act in that if the rights of qualifying persons are not protected by notice in the register they will be liable to lose their priority to a registered disposition under section 29. 27.Subsection (5) provides that a mortgage term created by demise or sub-demise is not registrable when there is a subsisting right of redemption. No indemnity is payable if the loss was suffered as a result wholly or partly of the claimants own fraud. Rules will, however, be able to specify circumstances in which owners should be entitled to apply (where, for example, the interest protected by the caution had terminated). As regards such leases, section 24(1)(b) and (2) of the Land Registration Act 1925 made provision for implied indemnity covenants on the part of the transferee in favour of the transferor, and, in relation to a transfer of part, an implied indemnity covenant on the part of the transferor in favour of the transferee. This section provides a procedure for the cancellation of cautions against first registration. Subsection (2) provides that a unilateral notice must indicate that it is such a notice, and identify the beneficiary. This is not the case in relation to an electronic document covered by this section as the document is not a deed, merely treated as if it were. If indemnity is sought for the loss of an estate, interest or charge, however, paragraph 6 puts a maximum value on the figure for that indemnity. 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