TITLE VII. OF THE OPERATION OF THE LAND REGISTRY Act, 1862, the TITLE VII. Land and Declaration of Title Act. AN unimpeachable title or root of title might be obtained PART III. in favour of or by a purchaser for value, 1st. By entering the land on "the Register of Estates with an indefeasible Registry Act, Title," and the interests and persons interested on Record of Title to Land on the Register." 2ndly. By an order of the Court of Chancery, subject to appeal, vesting the land in a purchaser for value. The order may be qualified, showing that the title is to commence from a certain time. 3rdly. By a transfer, by direction of the Court of Chancery, to "the Register of Estates with an indefeasible Title" (with an entry on "the Record of Title' of the interests and persons interested) of land, which, on proof of a ten years' enjoyment by an owner as of the fee, was previously placed on "the Register of Estates without an indefeasible Title." 4thly. By a final declaration of title by the Court of Chancery. The first three of these modes of obtaining an indefeasible title are under the Land Registry Act, 1862, 25 & 26 Vict. c. 53; the fourth is under the Declaration of Title Act, 25 & 26 Vict. c. 67. 1507. The title so gained is altogether indefeasible, when land was registered with an indefeasible title. In that case, the title is not subject to be defeated even by a prior interest. But when land was registered without an indefeasible title, interests prior to the registration or to the commencement of the title are not affected. 1508. PART III. TITLE VII. The title so gained might, however, be subject to incumbrances, which were to be registered in "the Register of Mortgages and Incumbrances." And the registrar might in "the Record of Title" specify any exception, qualification, or condition, or reserve a right, or describe an outstanding right or possibility. 1509. The No unregistered estate or contract, for the registration whereof provision was made by the Act, will prevail against the title of a purchaser for value duly registered. proprietor of any land or charge may direct that no transfer or charge be made of it until notice be sent to some address, or some consent be given or something else be done. But this restraint may be withdrawn or be set aside by a judge of [the Chancery Division of the High Court of Justice]. And also any person interested in any land or charge registered in the name of any other person may lodge a caveat that no disposition be made without notice to the cautioner. 1510. Land may be removed from the register by consent of all persons interested. 1511. After registration of any land, every interest created or coming into existence or affecting it, is to be registered in "the Record of Title" or "the Register of Incumbrances." 1512. Land registered under the Land Registry Act, 1862, may be dealt with or affected, 1st. By a short statutory disposition in a schedule form. 2ndly. By an indorsement on an instrument called the land certificate, which may be obtained by any one named in the record of title as owner of any interest, and which contains a copy of the entries in the register and all other material particulars, and may be compared with and made to correspond with the register from time to time. 3rdly. By a deposit of the land certificate. 4thly. By any instrument by which the land, if TITLE VII. not registered, might have been dealt with or affected (a). PART III. 1513. Transfer The stat. 38 & 39 Vict. c. 87, intituled, "An Act to Land simplify Titles and facilitate the Transfer of Land in Act 1875. England," was passed on the 13th of August, 1875, and called "the Land Transfer Act, 1875." By s. 125 of this Act, it is provided that application for the registration of any estate under the Land Registry Act, 1862, shall not be entertained. And certain substitutionary provisions for registration of land are made by this new Act. 1514. (a) For further information, the reader is referred to Mr. Edward Nugent Ayrton's most careful, ela borate, and valuable work on these TITLE VIII. TITLE VIII. OF FORFEITURE. PART III FORFEITURE is a loss of real or personal property, as a punishment for some illegal act or negligence of the owner thereof. 1515. Definition. Causes of forfeiture. Forfeiture for crime. Before the passing of the stat. 33 & 34 Vict. c. 23 (July 4th, 1870), real and personal estate might be forfeited by crime. 1516. By attainder in high treason, a man forfeited for ever to the Crown, all his lands and tenements of freehold tenure, in fee simple, and all his rights of entry on lands and tenements of the same tenure, which he had at the time of the offence committed, or at any time afterwards. And he also forfeited to the Crown the profits of all lands and tenements of the same tenure, which he had in his own right, for life or years, so long as such interest subsisted (a). 1517. In consequence of the stat. 26 Hen. 8, c. 13, and 33 Hen. 8, c. 20, if tenant in tail in possession, or having a right of entry, was attainted of high treason, the estate tail was barred, and the lands were forfeited to, and immediately vested in, the Sovereign, who thereby acquired a base fee so long as the person attainted lived, or there were heirs of his body who would have been capable of inheriting the estate tail; but upon failure of such heirs, the remainderman or reversioner became entitled (b). 1518. TITLE VIII. He who was attainted for murder forfeited the benefit of PART III all freehold estates during life; and after his death, all his freehold land, and tenements in fee simple, but not those in tail, went to the Crown for a year and a day, during which the Crown might commit any manner of waste: but this year, day, and waste, as it was termed, was usually compounded for. After the expiration of the year and a day the property went to the lord by escheat (a). 1519. Forfeiture of lands only arose on attainder, and attainder was caused by a sentence of death, or judgment of outlawry on a capital crime, pronounced for absconding or fleeing from justice (b). But the forfeiture related back to the time of the offence, so as to avoid all intermediate charges. and conveyances (c). 1520. Forfeiture of the profits of lands for life was incident to misprision of treason; and striking in Westminster Hall, or drawing a weapon upon a judge therein, while the Court [was sitting, were also causes of forfeiture] (d). 1521. Since the stat. 54 Geo. 3, c. 145, he who was attainted of any other felony than high treason and murder, forfeited the profits of all his estates of freehold during his life only (e). 1522. In the absence of any special enactment to the contrary, copyhold estates were forfeited to the lord of the manor, and not to the Crown (ƒ). 1523. When a man committed felony, and then purchased land, and afterwards was attainted, the lord of the fee had it by escheat; for he had capacity to purchase, but not to hold it. If a man was attainted of felony, he had capacity to purchase to him and his heirs, yet he could not hold it; (a) 4 Bl. Com. 378-9; 2 Bl. Com. 252; 4 Steph. Com. 499; 1 Cruise T. 2, c. 2, § 42. (b) 4 Bl. Com. 374; 4 Steph. Com. 495. (c) 4 Bl. Com. 375; 4 Steph. Com. 496, 500. (d) 4 Bl. Com. 379; Steph. Com. 501. (e) 4 Steph. Com. 499, (f) 4 Steph. Com. 495 n.; 1 Cruise T. 10, c. 5, § 2. |