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Land Registry Middlesex Deeds

memorial, search, act, registered, registration, deed, official, witness and person

LAND REGISTRY (MIDDLESEX DEEDS). By the Land Registry (Middlesex Deeds) Act, 1891, it was enacted that the Middlesex Registry shall he transferred to the Land Registry established under the Land Trans fer Act, 1875, and shall form part of that office. Deeds or memorials of deeds are tered at the Middlesex Deeds Registry. At the Land Registry (q.v.) the title is registered.

The Middlesex Deeds Registry applies to all the county of Middlesex and also to all the county of London north of the Thames, but not to the city of London. Copyholds, leases at a rack rent, occupation leases for twenty-one years or less are not registered at the Middlesex Registry.

When a title is registered under the Land Transfer Act, it supersedes the registration of the deeds at the Middlesex Deeds Registry.

A certificate is indorsed by an officer of the Registry on every deed and conveyance stating the date on which the memorial of such deed is registered.

Any person may search the Register kept in the Land Registry.

Paragraph 14 of the above-named Act is as follows : " Any person deriving title under an in strument (capable of registration under the Acts relating to the Middlesex Registry) which confers on him the right to apply for registration with a possessory title, of the land comprised in it under the Land Transfer Act, 1875, may, at his option, either register a memorial of an instrument under the Acts relating to the Middlesex Registry, or apply for registration with possessory title under the Land Transfer Act, 1875. Such regis tration shall, when completed, bear the same date as the application, and render unneces sary the registration of the instrument under the Acts relating to the .Middlesex Registry." It should be noted that, with regard to the Middlesex Registry, registration does not give to a person who has registered his mort gage or deed, any claim to priority over an unregistered prior deed or charge of which he had notice before registering. This rule differs from that of the Yorkshire Registries.

A mortgagee is not obliged to search the register, and a registered deed conveying the legal estate will take priority to a prior registered equitable charge, unless the mortgagee had notice of the prior charge.

Registration in Middlesex does not prevent tacking.

The following are some of the principal rules under the Land Registry (Middlesex Deeds) Act, 1891 : " 2. Memorials, and certificates of satisfac tion of mortgages, shall be written or printed on the best white loan paper, 16 inches long by 10 inches wide, with an inner margin 2 inches wide and an outer margin three-quarters of an inch wide, and shall be left at the office by hand, and shall bear Land Registry stamps for the amount of the fees, and shall be accompanied by the original instruments and mortgages respectively.

" 4. Where the original instrument con tains a plan, a copy thereof (or of so much thereof as is referred to in the memorial) shall be drawn on the memorial, unless owing to its size this cannot be done ; in which case a tracing on linen, signed by the person sign ing the memorial and by the witness, shall be left with the memorial and filed in the office. No other copy shall be required.

" 5. It shall no longer be necessary to seal any memorial, or to verify by oath the sign ing thereof or the execution of the instru ment to which it refers ; but the signing of the certificate 6f satisfaction of a mortgage shall continue to be verified by oath as heretofore.

" 6. The witness to the memorial shall be a witness or one of the witnesses (if any) to the original instrument, unless at the date of the memorial every such witness is dead or absent from the United Kingdom or cannot be found, or some other sufficient cause exists to prevent it. In such cases a statu tory declaration shall be furnished, and left with the memorial at the Registry, stating the reason why the witness to the memorial is not one of the witnesses to the instrument.

" 9. An ordinary search shall be a search made against one name on one day by a person not an officer of the Registry, in any of the indexes, books, or documents open to public inspection.

' " 10. An official search shall be a search made by an officer of the Registry, in the index only, for certain specified years, for all entries therein, against one name, affecting lands in a specified parish.

" 12. An official certificate of the result of every official search shall be issued from the Registry to the applicant, and a copy, or other sufficient record of the same, shall be kept in the office.

" 13. Applications for official searches shall be subject to the following provisions : — (a) That the search shall not he such as for any sufficient reason shall appear to be impracticable to complete.

(b) That the Lord Chancellor may make regulations limiting or extending the period to be covered by official searches." The following is the form of memorial of a deed to be registered :— s. d.

Registration of a memorial, or vacat ing an entry of a mortgage (except under Section 42 of the Building Societies Act, 1S74) . . . . 5 0 Vacating an entry of a mortgage under the said Section of the last mentioned Act 2 6 The above charges include the administration of the oath, when required.

Ordinary search, per name . . . 2 0 Official search : For 10 years or less . . . 7 6 For every further 5 years or less 2 6 If more entries are found than at the rate of 10 for every 5 years, then for every 5, or part of 5, extra entries 1 0