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Land Registry Act 1862 (repealed)

25 & 26 Vict. c. 53 · Enacted 29 July 1862 · Extends to England and Wales

Up to date with all changes known to legislation.gov.uk, revised to 13 October 2003.

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Annotations to the whole text

Textual amendments

F1

Act repealed (13.10.2003) by Land Registration Act 2002 (c. 9), ss. 122(1), 136(2), Sch. 13 (with s. 129, Sch. 12 para. 1); S.I. 2003/1725, art. 2(1)

Contents

  1. 1Extent of Act. Repealed
  2. Part I: As to the Registration of Real Estates, and the Title thereto Repealed
  3. 2Registry to be established. Repealed
  4. 3Limits of registry. Repealed
  5. 4By whom application for registration to be made. Repealed
  6. Proceedings to obtain Registration of a Title as indefeasible Repealed
  7. 5Examination of title with guarantee. Repealed
  8. 6Reference of questions of title. Repealed
  9. 7Particulars to be furnished to registrar. Repealed
  10. 8May be verified on oath. Repealed
  11. 9Claim to mines and minerals. Repealed
  12. 10Identity of lands to be established. Repealed
  13. 11Notice of intention to register. Repealed
  14. 12Contents of notice. Repealed
  15. 13Cause may be shown against registration. Repealed
  16. 14Completion of registration. Repealed
  17. 15Books may be inspected. Repealed
  18. As to the Record of Title Repealed
  19. 16As to exception, &c. in record of title. Repealed
  20. 17Any question as to true construction of any deed, &c. to be referred by registrar to a judge of Court of Chancery. Repealed
  21. 18Registrar may refer in record of title to deed, &c. for estates of parties. Repealed
  22. 19Persons entitled to principal money, &c. not to be entered in record of title unless registrar thinks fit. Repealed
  23. When an indefeasible title shall arise Repealed
  24. 20Persons described in record of title to be deemed as possessed of such estates, &c. Repealed
  25. 21Informality not to prejudice entry in record of title. Repealed
  26. 22Before registration applicant, &c. to make oath that all deeds, &c. have been made known to registrar. Repealed
  27. 23Power to registrar to refuse registration. Repealed
  28. 24Power to registrar to demand security for costs. Repealed
  29. Proceedings for Registration without an indefeasible Title Repealed
  30. 25Registration without guarantee of title may be made under certain conditions. Repealed
  31. Registration of Leasehold Estates Repealed
  32. 26Leasehold estates may be registered in like manner as freehold lands. Repealed
  33. General Provisions as to Title Repealed
  34. 27Charges and liabilities not to be deemed incumbrances. Repealed
  35. 28Land may be registered as one estate. Repealed
  36. 29Registered land made subject to certain conditions, &c. Repealed
  37. 30Notice of registration to be given by registrar. Repealed
  38. 31Judicial declaration of title. Repealed
  39. 32Every estate, &c. to be entered in record of title after registration of land. Repealed
  40. 33Estates registered subject to existing law. Repealed
  41. 34Registered proprietor, with consent may close register. Repealed
  42. Caveat against Entry of Land on Register Repealed
  43. 35Caveats may be lodged with registrar, &c. Repealed
  44. 36Caveat to be supported by affidavit. Repealed
  45. 37How notice to be served. Repealed
  46. 38No registration to be made till ten days after notice. Repealed
  47. 39Compensation, when to be made. Repealed
  48. 40Caveat not title of any person. Repealed
  49. Part II: Simplification of Title by Judicial Sales Repealed
  50. Sales by Court of Chancery Repealed
  51. 41Sales of land by Court. Repealed
  52. 42Application to be served on parties. Repealed
  53. 43Court shall provide for examination of title, &c. before making order for sale. Repealed
  54. 44Security for costs. Repealed
  55. 45Payment of purchase money as Court may direct; Repealed
  56. 46to exonerate purchaser from liability. Repealed
  57. 47Vesting order to be stamped. Repealed
  58. 48Applicant for sale and his solicitor may be examined concerning title before vesting order made. Repealed
  59. 49Where sales are made under 20 Vict. c. 120, the Court may make order as under this Act. Repealed
  60. 50Vesting order to confer on person in whom land is vested an estate in fee simple, with all rights, &c. Repealed
  61. 51Case in which Court may make a qualified vesting order. Repealed
  62. 52Effect of qualified vesting order. Repealed
  63. 53Court may require production of deeds, &c. Repealed
  64. 54Distribution of monies paid into bank. Repealed
  65. 55As to disposal of money not immediately distributable. Repealed
  66. 56As to disposal of deeds after vesting order made. Repealed
  67. 57Vesting order to direct entry on register. Contents of vesting order. Repealed
  68. 58Registration with a qualified title not to affect prior claims. Repealed
  69. 59Entry of discharge of incumbrance. Repealed
  70. 60Compensation to persons aggrieved. Repealed
  71. 61As to costs and expenses. Repealed
  72. 62As to assignment of duties. Repealed
  73. Part III: As to the Transfer of Registered Land Repealed
  74. 63Conveyance, &c. of registered land. Repealed
  75. 64Attendance of parties at registry office on sale, &c. of registered land. Repealed
  76. 65Forms of conveyance in schedule of registered land. Repealed
  77. 66Forms of conveyance in schedule as effectual as other forms. Repealed
  78. 67Forms may be modified or altered. Repealed
  79. As to Land Certificates Repealed
  80. 68Registrar to deliver land certificates. Repealed
  81. 69Registrar, at request of holder, to compare certificate with registry. Repealed
  82. 70Registered proprietors desirous of selling, &c. may obtain special land certificate. Repealed
  83. 71Certificate to be evidence. Repealed
  84. 72Conveyance of lands by endorsement. Repealed
  85. 73Deposit of certificate. Repealed
  86. 74Estates, &c. in land may be created by will, &c. Repealed
  87. 75On conveyance of estate, &c. on register, deed or copy to be sent to registrar. Repealed
  88. 76When deed received by registrar, estate created to be deemed duly registered. Repealed
  89. 77Notice when to be sent to registrar. Repealed
  90. 78Where estate transmitted to any person by descent, such person to be registered. Repealed
  91. 79Notice to heir at law of application, &c. Repealed
  92. 80Assignees of bankrupts to be registered. Repealed
  93. 81Memorial of will may be registered instead of copy thereof. Repealed
  94. 82Execution, to be proved as registrar may require. Repealed
  95. 83Memorials of descents, &c. to be registered, &c. Repealed
  96. 84Registrar to note effect of instruments, &c. Repealed
  97. 85Official note, what to contain. Repealed
  98. 86Printed copy of deed, &c. to be delivered to registrar. Repealed
  99. 87Registrar in certain cases may erase official note. Repealed
  100. 88No dealing with registered land effectual until stamp and ad valorem duties paid. Repealed
  101. Part IV: General Provisions to facilitate Registration Repealed
  102. 89Money charge not ascertained, &c. may be referred to judge at chambers. Repealed
  103. 90Judge may order money not distributable, &c. to be paid into Court of Chancery. Repealed
  104. 91Deeds to be stamped. Repealed
  105. 92Judge may decide questions of priority of incumbrances, &c. Repealed
  106. As to Restraint of Conveyance Repealed
  107. 93As to restrictions on conveyance, &c. of land. Repealed
  108. 94Registrar to make a note of such restrictions. Repealed
  109. 95Court of Chancery may exercise powers of 13 & 14 Vict. c. 60. Repealed
  110. Caution Repealed
  111. 96Person interested may lodge caution with registrar. Repealed
  112. 97Caution to be supported by affidavit. Repealed
  113. 98Statutory disposition of land not to be registered until notice served on cautioner. Repealed
  114. 99Cautioner to give security against damage sustained by delay, &c. Repealed
  115. 100Compensation for lodging caution without reasonable cause. Repealed
  116. Injunction Repealed
  117. 101Court may issue order restraining disposition of land, &c. Repealed
  118. 102Court of Chancery may refuse or annex terms, &c. to such order, &c. Repealed
  119. 103Jurisdiction of Equity courts. Repealed
  120. 104Acts relating to registries in Middlesex and York not to apply, &c. Repealed
  121. Penalty on Fraud, &c. Repealed
  122. 105Person concealing making false statement guilty of misdemeanor. Repealed
  123. 106As to persons aggrieved by proceeding, &c. for misdemeanor. Repealed
  124. 107Answers to bills, questions, &c. not admissible in evidence. Repealed
  125. 108–113. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  126. General Provisions Repealed
  127. 114Crown, &c. lands. Repealed
  128. 115Provision as to applications made by married women. Examinations may be taken under 3 & 4 W. 4 c. 74. Repealed
  129. 116Provision for other persons under disability. Repealed
  130. 117Registrars, &c. may administer oaths, &c. Repealed
  131. 118As to loss of land certificate. Repealed
  132. 119Granting new certificates. Repealed
  133. 120Lord Chancellor to make rules and orders for carrying into effect purposes of Act. Repealed
  134. 121As to assignment of duties and appointment of additional clerks. Repealed
  135. 122Forms to be printed and promulgated. Repealed
  136. 123Seal of Land Registry Office. Repealed
  137. 124Addresses of proprietors to be registered. Repealed
  138. 125Registrar may frame general orders. Repealed
  139. 126Such orders to have effect as Act of Parliament. Repealed
  140. Fees Repealed
  141. 127Registrar to determine amount of fees. Repealed
  142. 128Matters to be considered in determining amount of fees. Repealed
  143. 129Collection of fees. Repealed
  144. 130Stamp Acts applied to stamps under this Act. Repealed
  145. 131Lord Chancellor may fix scale of costs. Repealed
  146. 132Costs may, in certain cases, be raised by mortgage. Repealed
  147. 133Orders to be laid before Parliament. Repealed
  148. Proceedings in Court of Chancery Repealed
  149. 134Applications to Court of Chancery to be by summons. Repealed
  150. 135. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  151. Forms Repealed
  152. 136Forms. Repealed
  153. Inspection of Register Repealed
  154. 137Inspection of register. Repealed
  155. Fraud Repealed
  156. 138Fraud a misdemeanor. Repealed
  157. 139Punishment. Repealed
  158. 140Interpretation of terms. Repealed
  159. Schedule Schedule Repealed