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GAZETTE
JULY
Under Rule 61 the priority in which dealings received
for registration should rank is stated. The date of
registration, with minor exceptions, is the date of
lodgment except in the case of First Registration which is
the date on which the draft folio or draft entry is settled.
A person claiming as tenant-in-common of an
undivided share in the property must state the share to
which he is entitled. This is frequently neglected.
Under Rules 68 and 71, an applicant who is a trustee
may have entered on the Register an inhibition to restrict
registration under dispositions that are unauthorised by
the trust. Formerly it was his duty to have such an
inhibition entered.
An applicant for first registration who is a trustee may
apply similarly, under Rule 49.
Note that in Rule 70 dealing with applications for sub-
division reference is again made to the fact that the plan
of the property should be drawn on the current largest
scale map published by the Ordnance Survey referred to
in the consent of the Land Commission. In the case of the
small areas, say a building site, the Land Commission do
not now require that an applicant for consent to subdivide
must necessarily lodge a copy map of the entire holding.
On a transfer subject to an existing rent or burden a
covenant to indemnify or exonerate the other party from
a rent or burden may be noted in the Register. Rule 73.
Under Rule 74 an applicant for registration as owner
as transferee under a sale from a personal representative
may apply for the cancellation of any Judgment
Mortgages on the Folio, that is Mortgages against the
estate or interest of a person who has a beneficial interest
in the property under the Will of intestacy of the deceased
owner.
Rule 77 deals with Companies, the registration of
Companies and the evidence on which the Registrar may
act in making entries on the Register. He shall not inquire
whether a transfer by the company is incidental to the
objects of the company.
Rules 78 and 79 deal with registrations under the
dispositions in defeasance of the estate or interest of the
registered owner and the notices that may be sent in
connection therewith.
TRANSMISSIONS
There are different forms and procedures in transmission
cases depending on whether the death took place before
1st June 1959 or subsequently. These are set out in Rules
88 to 92 with references to the appropriate forms. These
are cases in which mistakes are frequently made perhaps
through not checking the Rules and Forms sufficiently.
Note the effect of the Legitimacy Act 1931 and the
Adoption Act 1952 in extending, so to speak, the classes
of next of kin of an intestate registered owner.
There must be a consent or concurrence to the
registration of a burden under Section 69(2) of the Act.
Rule 103 sets out the persons whose concurrence in the
registration of burdens may be accepted in lieu of the
concurrence of the registered owner. The solicitor acting
for such a person may give the concurrence on his behalf.
Rule 106 lays down that the owner of a registered
burden shall not as such be entitled to the custody or
delivery of the Land Certificate or Certificate of Charge
of the property on which his burden is registered. This
follows Section 67 of the Act. It is a rule which in many
cases does not seem to be taken into account by
institutions. Note that sub-section 2 of Section 67 states
102
that every stipulation in relation to a registered charge of'
lands whereby the custody of the Land Certificate in
respect of such lands is to be given to the registered owner
of such charge shall be void. Rule 114. On the
Registration of a charge created by a Company, a
Certificate should be produced to show that the charge
has been registered in accordance with Section 99 of the
1963 Companies Act. If it is not, a note to that effect will
be registered on the Folio.
JUDGMENT MORTGAGES
Judgment Mortgages are a notoriously thorny subject and
the difficulties experienced by judgment creditors in
recovering their money have been the subject of
numerous cases before the Courts. The Rules for the
registration of Judgment Mortgages are straightforward.
(RR. 118-122).
Since the passing of the 1964 Act, the land, the subject
of the Judgment, is sufficiently described by reference to
the folio number and the County in which the land is
situate.
The registration of a judgment as a mortgage against
the interest of a joint tenant of unregistered lands severs
the joint tenancy — but that does not appear to apply to
registered land. In practice on registration of any
transmission of ownership or on death intestate of one of
joint owners where a Judgment Mortgage has been
registered against one, we inquire who the next of kin are
(1) as though he had (bed as joint tenant and (2) as though
he had died as tenant in common.
Failure to state costs accurately in the Judgment
Mortgage affidavit or to expressly waive them has the
effect of rendering the registration of such Judgment
Mortgages invalid.
When notice of a Judgment Mortgage against a
company is registered, a copy of the Judgment Mortgage
affidavit is sent by the Registry to the Registrar of
Companies.
Other burdens such as leases, rent charges and
easements are dealt with in Rules 123 and 130. Since
1967 on the registration of a Lease as a burden where the
unexpired residue of the term is more than 21 years the
ownership of the Lease must also be registered and
entered in the appropriate Register.
Regardless of whether the documents may indicate that
there is unpaid purchase money a lien for unpaid
purchase money is not registered unless application is
made for such an entry under Rule 126.
CAUTIONS AND INHIBITIONS
Rules 131 and 146 deal with Cautions and Inhibitions. The
object of an Inhibition is like that of a Caution, to protect
unregistered rights against registrations under dispositions
for value that would defeat them. Mr. Glover has
described the difference as follows — "a Caution protects
by enabling the cautioner to prevent such a registration; it
always throws on him the onus of taking the action
necessary to prevent the unregistered right that conflicts
with his own of being converted by registration into a
legal interest in the land. An Inhibition may also by its
terms impose on the inhibitor the onus of preventing the
registration applied for; it does so when the Inhibition is
against registrations under dealings without notice to him.
But it is usually in the form of a restriction on registration
that prevents all registrations, except those made in