Act of Parliament | |
Long title | An Act to facilitate Proof of Title to, and the Conveyance of, Real Estates. |
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Citation | 25 & 26 Vict. c. 53 |
Territorial extent | England and Wales |
Dates | |
Royal assent | 29 July 1862 |
Other legislation | |
Amended by | Statute Law Revision Act 1875 |
Repealed by |
|
Status: Repealed | |
Text of statute as originally enacted | |
Revised text of statute as amended |
The Land Registry Act 1862 (25 & 26 Vict. c. 53) was an Act of the Parliament of the United Kingdom. It was the country's first attempt at a system of universal land registration, specifically a title register, applying to England and Wales. [2] It replaced several local deed registries throughout England, which had been established in the early 1700s in order to protect against fraud conducted by undisclosed prior incumbrances on titles. [3] [4] The legislation simplified the transfer of land. [3] At the time, land ownership was difficult and expensive, and usually only done by the very privileged. [3] Registration under the 1862 act was also expensive, partially because it was necessary to map and survey the entirety of the property (this was fixed by later legislation). [4] 2,000 properties were registered under the act. [2]
Opponents of deed registration at the time claimed that a general registry was unnecessary. [4] In practice, the conditions of sale at the time circumvented a number of the problems that motivated the legislation. [4] A system of deeds registration was also considered at the time: title registration was a new and untried system. [4] The prior deed registries had a number of problems, including those relating to notice, and the lack of standardized and reliable indexes to the considerably large documents. [4] General registry bills had previously been narrowly lost in Parliament in 1740 and 1758. [5]
This system quickly proved seriously flawed due to high costs and long delays. [5] Following further attempts in 1875 (a failure) and 1897 (a near-failure), the present system was brought into force by the Land Registration Act 1925, [4] as amended by the Land Registration Act 2002.
The register was divided into three main parts: one with details on the properties and their locations, one with details on the owners and sales, and one with details on mortgages and leases. [2] These were called "The Register of Estates of Indefeasible Title to Land", "The Record of Title to Lands on the Register", and "The Register of Mortgages and Incumbrances" respectively. [2]
About 2,000 properties were registered under the act, and the final register comprised 272 volumes. [2] "Instrument Books" were also kept, containing documents like deeds, plans, and marriage certificates to verify contents of the registry. [2] The first registered title (Title Number 1) corresponded to the properties Crane Hall and The Chantry of Fitzroy Kelly, registered in 1863. [3]
This article incorporates content from the following article: Land registration.
In law, conveyancing is the transfer of legal title of real property from one person to another, or the granting of an encumbrance such as a mortgage or a lien. A typical conveyancing transaction has two major phases: the exchange of contracts and completion.
Lord of the manor is a title that, in Anglo-Saxon England and Norman England, referred to the landholder of a rural estate. The titles date to the English feudal system. The lord enjoyed manorial rights as well as seignory, the right to grant or draw benefit from the estate. The title is not a peerage or title of nobility but was a relationship to land and how it could be used and those living on the land (tenants) may be deployed, and the broad estate and its inhabitants administered. The title continues in modern England and Wales as a legally recognised form of property that can be held independently of its historical rights. It may belong entirely to one person or be a moiety shared with other people. The title is known as Breyr in Welsh.
Torrens title is a land registration and land transfer system, in which a state creates and maintains a register of land holdings, which serves as the conclusive evidence of title of the person recorded on the register as the proprietor (owner), and of all other interests recorded on the register.
Recorder of deeds or deeds registry is a government office tasked with maintaining public records and documents, especially records relating to real estate ownership that provide persons other than the owner of a property with real rights over that property.
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The Land Registration Act 2002 is an Act of the Parliament of the United Kingdom which repealed and replaced previous legislation governing land registration, in particular the Land Registration Act 1925, which governed an earlier, though similar, system. The Act, together with the Land Registration Rules, regulates the role and practice of HM Land Registry.
General Register Office or General Registry Office (GRO) is the name given to the civil registry in the United Kingdom, many other Commonwealth nations and Ireland. The GRO is the government agency responsible for the recording of vital records such as births, deaths, and marriages, which may also include adoptions, stillbirths, civil unions, etc., and historically, sometimes included records relating to deeds and other property transactions.
Land registration is any of various systems by which matters concerning ownership, possession, or other rights in land are formally recorded to provide evidence of title, facilitate transactions, and prevent unlawful disposal. The information recorded and the protection provided by land registration varies widely by jurisdiction.
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Registers of Scotland (RoS) is the non-ministerial department of the Scottish Government responsible for compiling and maintaining records relating to property and other legal documents. They currently maintain 21 public registers. The official responsible with maintaining the Registers of Scotland is the Keeper of the Registers of Scotland. By ex officio, the Keeper of the Registers of Scotland is also the Deputy Keeper of the Great Seal of Scotland. The Keeper of the Registers of Scotland should not be confused with the Keeper of the Records of Scotland.
In English land law, a rentcharge is an annual sum paid by the owner of freehold land (terre-tenant) to the owner of the rentcharge (rentcharger), a person who need have no other legal interest in the land.
The Law of Property Act 1989 is a United Kingdom Act of Parliament, which laid down a number of significant revisions to English property law.
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Formalities in English law are required in some kinds of transaction by English contract law and trusts law. In a limited number of cases, agreements and trusts will be unenforceable unless they meet a certain form prescribed by statute. The main kinds of formality that a statute can require are to put the transaction in writing, to make a deed, or to register it at a government registrar.
English land law is the law of real property in England and Wales. Because of its heavy historical and social significance, land is usually seen as the most important part of English property law. Ownership of land has its roots in the feudal system established by William the Conqueror after 1066, but is now mostly registered and sold on the real estate market. The modern law's sources derive from the old courts of common law and equity, and legislation such as the Law of Property Act 1925, the Settled Land Act 1925, the Land Charges Act 1972, the Trusts of Land and Appointment of Trustees Act 1996 and the Land Registration Act 2002. At its core, English land law involves the acquisition, content and priority of rights and obligations among people with interests in land. Having a property right in land, as opposed to a contractual or some other personal right, matters because it creates priority over other people's claims, particularly if the land is sold on, the possessor goes insolvent, or when claiming various remedies, like specific performance, in court.
Central Registry of Securitisation Asset Reconstruction and Security Interest of India (CERSAI) is a central online security interest registry of India. It was primarily created to check frauds in lending against equitable mortgages, in which people would take multiple loans on the same asset from different banks.
The Land Registration Act 1925 was an act of Parliament in the United Kingdom that codified, prioritised and extended the system of land registration in England and Wales. It has largely been repealed, and updated in the Land Registration Act 2002.
Registered land in English law accounts for around 88 per cent of the total land mass. Since 1925, English land law has required that proprietary interests in land be registered, except in cases where it is necessary to protect social or family interests that cannot reasonably be expected to be registered. English law also runs a parallel system for around 12 per cent of land that remains unregistered.
Land registration in Scots law is a system of public registration of land, and associated real rights. Scotland has one of the oldest systems of land registration in the world. Registration of deeds is important as it constitutes the third stage of the creation and transfer of real rights.