Land Transfer Act 1875

Cited as:1875 c. 87
Jurisdiction:UK Non-devolved


Land Transfer Act, 1875

(38 & 39 Vict.) CHAPTER 87.

An Act to simplify Titles and facilitate the Transfer of Land in England.

[13th August 1875]

W HEREAS it is expedient to make further provision for the simplification of the title to land, and for facilitating the transfer of land, in England:

Be it therefore enacted by the Queen'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:

Preliminary.

Preliminary.

S-1 Short title.

1 Short title.

1. This Act may be cited as TheLand Transfer Act, 1875.

S-2 Application of Act.

2 Application of Act.

2. This Act shall not apply to Scotland or Ireland, and land shall not be registered under this Act unless it is offreehold tenure or is leasehold held under a lease which is either immediately or mediately derived out of land of freehold tenure; but for the purposes of this Act customary freehold, in any case in which an admission or any act by the lord of the manor is necessary to perfect the title of a purchase from the customary tenant, shall not be deemed to be land of freehold tenure.

S-3 Commencement of Act.

3 Commencement of Act.

3. This Act shall come into operation on the 1st day of January 1876, which day is in this Act referred to as the commencement of this Act; but any orders or rules, and any appointment to any office, may be made under this Act at any time after the passing thereof, but shall not take effect until the commencement of this Act.

S-4 Construction of terms in Act.

4 Construction of terms in Act.

4. In this Act, unless there is something inconsistent in the context,—

‘Person’ includes a corporation and any body of persons unincorporate:

‘Registrar,’‘court,’ and ‘general rules,’ means such ‘registrar,’‘court,’ and ‘general rules,’ as are in this Act respectively in that behalf mentioned:

‘Prescribed’ means prescribed by any general rules made in pursuance of this Act:

‘The Court of Chancery,’ and ‘Court of Appeal in Chancery,’ and ‘Her Majesty's Superior Courts,’ include any courts in which the powers of the Courts so referred to by name, may be for the time being vested:

‘The Land Registry Act, 1862,’ means the Act passed in the session held in the twenty-fifth and twenty-sixth years of the reign of Her present Majesty, chapter fifty-three, intituled ‘An Act to facilitate the proof of title to and the conveyance of real estates.’

The definition of land contained in the Act of the thirteenth and fourteenth gears of the reign of Her present Majesty, chapter twenty-one, intituled ‘An Act for shortening the language used in Acts of Parliament,’ shall not apply to this Act.

I Entry of Land on Register of Title.

PART I.

Entry of Land on Register of Title.

Freehold Land.

(1.)

S-5 Application for registration with an absolute title, or with a possessory title only.

5 Application for registration with an absolute title, or with a possessory title only.

5. A land registry shall be established, and on and after the commencement of this Act the following persons; (that is to say,)

(1) (1.) Any person who has contracted to buy for his own benefit an estate in fee simple in land, whether subject or not to incumbrances; and

(2) (2.) Any person entitled for his own benefit at law or in equity to an estate in fee simple in land, whether subject or not to incumbrances; and

(3) (3.) Any person capable of disposing for his own benefit by way of sale of an estate in fee simple in land whether subject or not to incumbrances

may apply to the registrar under this Act to be registered, or to have registered in his stead any nominee or nominees not exceeding the prescribed number, as proprietor or proprietors of such freehold land with an absolute title or with a possessory title only: Provided, that in the case of land contracted to be bought, the vendor consents to the application.

S-6 Evidence of title required on application.

6 Evidence of title required on application.

6. Where an absolute title is required the applicant or his nominee shall not be registered as proprietor of the fee simple until and unless the title is approved by the registrar.

Where a possessory title only is required the applicant or his nominee may be registered as proprietor of the fee simple on giving such evidence of title and serving such notices, if any, as may for the time being be prescribed.

S-7 Estate of first registered proprietor with absolute title.

7 Estate of first registered proprietor with absolute title.

7. The first registration of any person as proprietor of freehold land, (in this Act referred to as first registered proprietor,) with an absolute title, shall vest in the person so registered an estate in fee simple in such land, together with all rights, privileges, and appurtenances belonging or appurtenant thereto, subject as follows:

(1) (1.) To the incumbrances, if any, entered on the register and

(2) (2.) Unless, under the provisions of this Act, the contrary is expressed on the register, to such liabilities, rights and interests, if any, as are by this Act declared not to be incumbrances; and

(3) (3.) Where such first proprietor is not entitled for his own benefit to the land registered as between himself and any persons claiming under him, to any unregistered estates, rights, interests, or equities to which such persons may be entitled,

but free from all other estates and interests whatsoever, including estates and interests of Her Majesty, her heirs and successors.

S-8 Estate of first registered proprietor with possessory title.

8 Estate of first registered proprietor with possessory title.

8. The registration of any person as first registered proprietor of freehold land with a possessory title only shall not affect or prejudice the enforcement of any estate, right, or interest adverse to or in derogation of the title of such first registered proprietor, and subsisting or capable of arising at the time of registration of such proprietor; but, save as aforesaid, shall have the same effect as registration of a person with an absolute title.

S-9 A qualified title may be registered in certain cases.

9 A qualified title may be registered in certain cases.

9. Where an absolute title is required, and on the examination of the title it appears to the registrar that the title can be established only for a limited period, or subject to certainreservations, the registrar may, on the application of the party applying to be registered, by an entry made in the register, except from the effect of registration any estate, right, or interest arising before a specified date, or arising under a specified instrument or otherwise particularly described in the register, and a title registered subject to such excepted estate, right, or interest shall be called a qualified title, and the registration of a person as first registered proprietor of land with a qualified title shall have the same effect as the registration of such person with an absolute title, save that registration with a qualified title shall not affect or prejudice the enforcement of any estate, right, or interest appearing by the register to be excepted.

S-10 Land certificate given on registration.

10 Land certificate given on registration.

10. On the entry of the name of the first registered proprietor of freehold land on the register, the registrar shall, if required by such proprietor, deliver to him a certificate, in this Act called a land certificate, in the prescribed form; the certificate shall state whether the title of the proprietor therein mentioned is absolute, qualified, or possessory.

Leasehold Land.

(2.)

S-11 Application for registration with or without a declaration of title of lessor to grant lease.

11 Application for registration with or without a declaration of title of lessor to grant lease.

11. A separate register shall be kept of leasehold land, and on and after the commencement of this Act any of the following persons; that is to say,

(1) (1.) Any person who has contracted to buy for his own benefit leasehold land held under a lease for a life or lives, or determinable on a life or lives, or for a term of years of which more than twenty-one are unexpired whether subject or not to incumbrances and

(2) (2.) Any person entitled for his own benefit, at law or in equity, to leasehold land held under any such lease as is described in this section, whether subject or not to incumbrances; and

(3) (3.) Any person capable of disposing for his own benefit by way of sale of leasehold land held under any such lease as is described in this section, whether subject or not to incumbrances;

may apply to the registrar to be registered, or to have registered in his stead any nominee or nominees not exceeding the prescribed number, as proprietor or proprietors of such leasehold land, with the addition where the lease under which the land is held is derived immediately out of freehold land, and the applicant is able to submit for examination the title of the lessor, of a declaration of the title of the lessor to grant the lease under which the land is held:

Provided,—

That in the case of leasehold land contracted to be bought, the vendor consents to the application.

Every applicant for registration of leasehold land shall deposit with the registrar the lease of the land in respect ofwhich the application is made, or if such lease is proved to the satisfaction of the registrar to be lost a copy of such lease or of a counter-part thereof, verified to the satisfaction of the registrar; and such lease or attested copy is in this Act referred to as the registered lease.

Leasehold land held under a lease containing an absolute prohibition against alienation, shall not be registered in pursuance of this Act; and leasehold land held under a lease containing a prohibition against alienation without the license of some other person, shall not be registered under this Act until and unless...

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