Land Registry Act 1862

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Land Registry Act 1862 [1]
Act of Parliament
Coat of Arms of the United Kingdom (1837).svg
Long title An Act to facilitate Proof of Title to, and the Conveyance of, Real Estates.
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Repealed by
Status: Repealed
Text of statute as originally enacted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]

Contents

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.

Registry

A guide to interpreting the land registry mandated by the 1862 Land Registry Act in the UK 1862 Registry Act Historical Info Guide.jpg
A guide to interpreting the land registry mandated by the 1862 Land Registry Act in the UK

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]

Notes

This article incorporates content from the following article: Land registration.

References

  1. The citation of this Act by this short title was authorised by the Short Titles Act 1896, section 1 and the first schedule.  Due to the repeal of those provisions it is now authorised by section 19(2) of the Interpretation Act 1978.
  2. 1 2 3 4 5 6 "HM Land Registry: 1862 Act Register". GOV.UK. Retrieved 10 July 2024.
  3. 1 2 3 4 "1862 property ownership records released". GOV.UK. Retrieved 10 July 2024.
  4. 1 2 3 4 5 6 7 Howell, Jean (July 1999). "Deeds Registration in England: A Complete Failure?" . The Cambridge Law Journal. 58 (2): 366–398. doi:10.1017/S0008197399002056. ISSN   0008-1973.
  5. 1 2 Mayer, Peter and Pemberton, Alan. "A short history of land registration in England and Wales", Great Britain Land Registry, 2000. Indexed in the Stockport library system, available from a freedom of information request in 2022.

Further reading