Land Registration Act 1936
| Jurisdiction | UK Non-devolved |
| Citation | 1936 c. 26 |
| Year | 1936 |
Land Registration Act, 1936
(26 Geo. 5 & 1 Edw. 8) CHAPTER 26.
An Act to amend the procedure under the Land Registration Act, 1925, for the making of orders declaring the registration of title to land to be compulsory on sale; to provide for the partial closing of, and otherwise amend the law with respect to, the Middlesex Deeds Registry; to amend subsection (4) of section seventy-five of the Land Registration Act, 1925; to amend the law with respect to the Insurance Fund established under the Land Transfer Act, 1897, and the fees payable under the Land Registration Act, 1925; and for purposes connected with the matters aforesaid.
[14th July 1936]
B E it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
1 Amendment of s. 122 of 15 & 16 Geo. 5. c. 21.
1. Section one hundred and twenty-two of the Land Registration Act, 1925 (which relates to the procedure for the making, otherwise than at the instance of a county council, of orders declaring registration of title to land to be compulsory on sale) shall have effect and be deemed always to have had effect as if in paragraph (i) thereof the words ‘and not more than eighteen months before the date on which it is to take effect’ were omitted.
2 Closing of Middlesex Deeds Registry.
(1) In this section, the expression ‘the Middlesex Deeds Acts’ means the Middlesex Registry Act, 1708 , and the Land Registry (Middlesex Deeds) Act, 1891 , as amended by or under any other Act, the expression ‘the Middlesex Deeds Register’ means the memorials registered under the Middlesex Deeds Acts, and the indexes and other documents relating thereto, the expression ‘instrument’ includes any document a memorial whereof is or would but for the provisions of this section be capable of registration under the Middlesex Deeds Acts, and the expression ‘the appointed day’ means the day on which registration, under the Land Registration Act, 1925 , of title to land becomes compulsory on sale throughout the administrative county of Middlesex.
(2) It shall not be necessary or permissible to register under the Middlesex Deeds Acts a memorial of any instrument made after the appointed day.
(3) No memorial of any other instrument shall be registered under the Middlesex Deeds Acts after the expiration of two years beginning on the appointed day, but nothing in this subsection shall affect the consequences which flow under those Acts from failure to register.
(4) Nothing in the foregoing provisions of this section shall be construed as prohibiting the making, in accordance with rules made under the Middlesex Deeds Acts, of any entry in the Middlesex Deeds Register signifying that a mortgage, a memorial whereof has been registered under the Middlesex Deeds Acts, has been discharged, but no such entry shall be made after the expiration of two years beginning on the appointed day.
(5) On and after the appointed day no search shall be made in the Middlesex Deeds Register except by the Chief Land Registrar or his officers.
(6) The provisions of section one hundred and twenty-six of the Land Registration Act, 1925, requiring the Land Registry to be in London shall not be construed as prohibiting the removal of the Middlesex Deeds Register to a place outside London.
3 Amendments of s. 75 of 15 & 16 Geo. 5. c. 21.
(1) The amendments specified in this section shall be made in subsection (4) of section seventy-five of the Land Registration Act, 1925 (which provides for indemnities to persons prejudicially affected by the registration of other persons as proprietors of registered estates by virtue of titles acquired under the Limitation Acts).
(2) The proviso to the said subsection (which prohibits the payment of any indemnity thereunder unless it can be paid without recourse to the Consolidated Fund) shall be repealed.
(3) At the end of the said subsection (4) there shall be inserted the following paragraph:—
‘An applicant for compensation under this section may appeal to the court from any refusal of the Registrar to award to him...
To continue reading
Request your trial