"
,\
TABLE OF CONTENTS
A detailed Table of Contents for each title in this V olume appears at the beginning of the title.
Page
Arrangement ofTides by V olume
References
Abbreviations
Table
ofStatutes
[7]
and
[11 ]
[13]
Table ofStatutory Instruments
[17]
Table ofCases
[23]
1
Real Property
Part 1 Property and Conveyancing
16
471
Part 2 Registration ofTide .
Receivers
675
Registration Concerning the Individual .
677
Rentcharges
789
Index.
813
[9]
....
REAL PROPERTY
Outline Table ofContents
Page
1
2
16
471
Alphabetical List of Statutes
Preliminary Note .
Pt 1 : Property and Conveyancing
Pt 2: Registration of Title
Cross References
For Administrators
Advowsons
Agrieultural Tenancies .
Annuities .
Building Regulation
Commons .
Compulsory Acquisition ofLand Crown
Lands
See
title
Devolution.
Drainage and Improvement
ofLand .
Easement
s
.
Exeeutors
.
Foreshore
Leases
.Lieensed Conveyancing .
lmprovement
Limitation of Actions Marriage
ofLand
Settlements Matrimonial
Property . Mines and Minerals
Minors
Perpetuities
Portions
Preseription
Profits a Prendre .
Renteharg
es
Sale
ofLand
Settled Land
T enaneies .
Tenant for Life
Executors and Adminİstrators
Ecclesİastİeal Law
Agrİeulture (Pt 3)
Renteharges
London; Pubhe Health
Commons
Compulsory Aequİsİtİon Constitutİonal Law
(Pt 2(d)) Exeeutors and Admİnİstrators
Land Draİnage and Improvement
Easements and Profıts a Prendre
Exeeutors and Admİnİstrators
ConstİtutİonalLaw (Pt 2(d)); Water
Agrİculture (Pt 3); Land Draİnage and
Improvemem
Landlord and Tenant
Notaries and Lİeensed Conveyaneers
Lİmİtatİon of Actİons
Trusts and Settlements (Pt 2) Matrimonİal
Law (Pt 2)
Mİnes, Mİnerals and Quarrİes Chİldren
Perpetuİ ties
Trusts and Settlements (Pt 2) Easements
and Profıts a Prendre Easements and
Profıts a Prendre Renteharges
Sale of Land
Trusts and Settlements (Pt 2) Landlord and
Tenant
Trusts and Settlements (Pt 2)
EcclesİastİeaI Law (Pt 9)
Town and Country Planning
Trusts and Settlements (Pt 1)
W ills
Tithes
Town Planning .
Trusts
Wills
Alphabetical List ofStatutes
Page
Administration ofJustice Act 1956
ss 53, 57 .
Administration ofJustice Act 1970
ss 36, 38A, 39, 54(1), (2), (4), (6)
Administration ofJustice Act 1973
ss 8, 20(1)(b), 21 Bodies Corporate (Joint
Tenancy) Act 1899 Cestui que Vie Act 1666
1.
652
397
432 63
26
-'"
16
VOL 37 REAL PROPERTY (PT 1)
Part 1
Property and Conveyancing
TabIe ofContents
Statute ofWestminster the Second (1285), c 1
Quia Emptores (1289-90)
Statute conceming Tenants by the Curtesy of England (ternp. incert.) .
Statute ofUses (1535)
Tenures Abolition Act 1660
Cestui que Vie Act 1666
Cestui que Vie Act 1707
Fines and Recoveries Act 1833 .
Conveyancing Act 1881
Land Transfer Act 1897 .
Bodies Corporate (Joint Tenancy) Act 1899
Law ofProperty Act 1922, ss 137,144, 144A, 188, 191 .
Law ofProperty (Amendment) Act 1924
Law ofProperty Act 1925
Law ofProperty (Amendment) Act 1926
Law ofProperty (Amendment) Act 1929
Law ofProperty (Entailed Interests) Act 1932
Law ofProperty (Joint Tenants) Act 1964 .
Law ofProperty Act 1969, ss 23-25, 28, 29, 31
Administration of)ustice Act 1970, ss 36, 38A, 39, 54(1), (2), (4), (6)
Land Charges Act 1972 .
Administration of)ustice Act 1973, ss 8, 20(1)(b), 21
Local Land Charges Act 1975 .
Local Government (Miscellaneous Provisions) Act 1982, ss 33, 47(2), 49, Sch 7,
Pts XII,
XIII
Reverter ofSites Act 1987
Page
16
19
20
21
25
26
28
31
56
60
63
64
69
72
384
387
388
389
391
397
401
432
435 ,
455
460
13 EDW 1
(STATUTE OF WESTMINSTER THE SECOND) (1285)
ST A TUTES OF KING EDWARD Made at WESTMINSTER in his P ARLIAMENT,
at EASTER, in the THIRTEENTH YEAR ofhis Reign
The numbered notes refer to words which appear only in certain printed versions of this Act. Other words in
square brackets to which there are no specific notes have been written in modern English for the purpose of
clarification.
Northern Ireland. C 1 below applies.
Whereas of Iate our lord the King, in the quinzim of Saint John Baptist, the sixth year ofhis
reign, calling together the prelates, earls, barons, and his council at Gloucester, and
considering that divers of this realm were disherited, by reason that in many cases, where
remedy should have been had there was none provided by him nor his predecessors,
ordained certain statutes right necessaryand profıtable for his realm, whereby the people
ı
LAN D REGISTRY ACT 1862
471
Part 2
Registration ofTitte
Table
ofContents
Page
471
514
516
647
648
652
653
654
663
669
Land Registry Act 1862 .
Y orkshire Registries Act 1884 .
Land Registration Act 1925
und Registration Act 1936
Middlesex Deeds Act 1940
Administration ofJustice Act 1956, ss 53, 57
Land Registration Act 1966
LawofProperty Act 1969, ss 16-22,30,31, Sch 2. Land
Registration and Land Charges Act 1971
Land Registration Act 1986
LANDREGISTRY ACT 1862
(25 & 26 Vict c 53)
Section
1
Extent
ARRANGEMENT
SECTIONS
OF
Page
474
PART I
As TO THE REGISTRATION OF REAL ESTATES, AND THE TITLE THERETO
475
475
475
2 Registry to be established
3 Limits of registry
4 By whom application for registration to be made
Proceedings to obtain Registration <if a Title as indifeasible
i
ii
/
476
476
476
476
477
477
477
477
478
478
479
5 Examination of tide
6 Reference of questions as to tide
7 Particulars to be furnished to registrar
8 Description may be verified on oath
9 Claim to mines and minerals.
10 Identity oflands to be established
11 Notice of intention to register
12 Contents of notice
13 Cause may be shown against registration . 14
Completion of registration
15 Books may be inspected
As to the Record
<if
Title
16 As to exceptions, ete, in record of tide
17 Any question as to the true construction of any deed, ete, to be referred by registrar to judge . 18
Registrar may refer in record of tide to deed, ete, for estates of parties
19 Persons entided to proceeds of trust for sale, ete, not to be entered in record of tide unless
registrar thinks fit
479
479
480
480
REGISTRATION CONCERNING
THE INDIVIDUAL
Table ofContents
.
Prıliminary Note
Non-parochia! Registers Act 1840
Marriage and Registration Act 1856 .
Births and Deaths Registration Act 1858
Births and Deaths Registration Act 1874
Registration of Births, Deaths, and Marriages (Army) Act 1879
CeIııUS Act
1920 .
Births and Deaths Registration Act 1926
Population (Statistics) Act 1938
Marriage Act
1949, ss 53-67,74,76,78(1), (2),80(1), (2), (4) .
Births and Deaths Registration Act 1953
Registration Service Act 1953 .
Registration of Births, Deaths and Marriages (Special Provisions) Act 1957 .
Population (Statistics) Act 1960
Industrial Diseases (Notification) Act 1981 .
Family Law Reform Act 1987, ss 24,25,31,33(2), (3), 34(1)-(3), (5), Sch 3, paras 11,
Page
677
680
687
688
690
692
693
700
703
706
722
759
774
780
781
782
12 .
Cross
References
For
See
title
Baptism and parochia! registers
Birth, Concea!ment
Burial
Citizenship, by Registration
Coraners .
Evidence
False statements
lnguest
Legitimacy .
Marriage .
Medical practitioners
Midwives .
Parentage, determination of, declaration of .
Ecclesiastica! La w (Pt 1 (d» Crimina!
Law
Buria! and Cremation Nationa!ity and
Immigration Coroners
Evidence
Crimina! Law
Coroners
Children
Matrimonia! Law (Pt 1) Medicine and
Pharmacy (Pt 1) Medicine and
Pharmacy (Pt 1) Children; Matrimonia!
Law (Pt 3)
Preliminary Note
This tide deals mainly with the registration ofbirths, deaths and marriages under the
1
Actsknown collectively as the Registration Acts (see the Registration Service
Act 1953, ı21(l)). For the principal subordinate legislation made under those Acts, see
(in relation to marriage) the Registration of Marriage Regulations 1986, SI
1986/1442, and (in re/alion nowonly to births and deaths) the Registration
ofBirths, Deaths and Marriages Regulations 1968, SI 1968/2049.
677
RENTCHARGES AND
ANNUITIES
Table ofContents
Page
789
794
Preliminary Nofe .
Rentcharges Act 1977
Cross References
See
title
For Annuity certificate
Annuity, government and savings bank Annuity,
registration as land charge . Apportionment
Charging orders by local authorities .
Deed, creating rentcharge
Distress, to recover rentcharge .
Extinction
of
rentcharge
Improvement charge
Income tax .
lnheritance tax
Personal representatives, powers and liabilities
Receiver, appointment .
Settlements, powers of tenant for life.
Tithe rentcharge and tithe redemption annuities,
abolition .
Wills
Local Government; Money (Pt 3) Savings
Banks
Real Property (Pt 1)
Compulsory Acquisition; Landlord and
Tenant (Pt 1); Real Property (Pt 1)
Housing; Public Health
Real Property (Pt 1)
Compulsory Acquisition; Real Prop
erty (Pt 1)
Limitation of Actions
Agriculture (Pt 4); Land Drainage and
Improvement; Trusts and Setde
ments (Pt 2)
Taxation
Taxation
Executors and Administrators; Trusts
and Setdements
Real Property (Pt 1)
Trusts and Setdements
Ecclesiastical Law (Pt 9)
Wills
Preliminary N ote
Rentcharges
A rentcharge is a certain annual sum of money issuing out of or charged upon lan d to
which charge the re is incident a right of distress (cf Re Lord Gerard and Beecham's
Contract [1894] 3 Ch 295 at 311, 63 LJ Ch 695, CA, per Lord Herschell, LC). Ifit is
a rentcharge
in possession issuing out of or charged on land being either perpetual or for a term of
years absolute then it is capable of being created for a legal interest; other
rentcharges take effect as equitable interests (Law of Property Act 1925, s 1 (2), (3), (8),
title Real Property (Pt 1) ante). The Law ofProperty (Entailed Interests) Act 1932, s 2, title
Real Property (Pt 1) ante, explains that a rentcharge (not being a rentcharge limited to
take effect in remainder af ter or expectant on the failure or de ter mina tion of some other
interest) is a rentcharge in possession (and consequently can subsist as a legal interest)
although the payments in respect thereof are limited to commence or accrue at some time
subsequent to its creation. A rentcharge is within the definition of "land" for the purposes of
the Law of Property Act 1925, and includes by definition in that Act fee [arm rents; see s
205(1)(ix), (xxiii) of that Act, title Real Property (Pt 1) ante. Since
789