Home >> Dictionary Of Banking >> Transmission Of Shares to Yorkshire Registry Of Deeds >> Yorkshire Registry of Deeds_P1

Yorkshire Registry of Deeds

registered, charge, act, registration, priority, date, land and person

Page: 1 2

YORKSHIRE REGISTRY OF DEEDS. There are three places in Yorkshire for the registration of deeds and memorials :— Northallerton for the North Riding (established 1734).

Beverley for the East Riding (established 1707). The East Riding includes Kingston upon-llull.

Wakefield for the West Riding (estab lished 1703;.

There is no registration for the City of York.

When deeds of land, registrable under the Yorkshire Registries Act, are received, the banker should look to see that they bear the registrar's memorandum. When a deed is registered, a note is placed upon it by the registrar as follows : " A copy of this Indenture " or " A memorial was registered at the Riding Registry of Deeds at the sixteenth of August, 1909, at MO in the forenoon in volume page number IZegistrar." Where land is registered under the Land Transfer Acts (see LAND REGISTRY), it supersedes the registration of the deeds under the Yorkshire Registries Act.

A banker's mortgage or memorandum of deposit may be registered. Wills, which include freeholds, require to he registered, but letters of administration and wills of leasehold property are not registered.

Registration does not add any fresh docu ment to the title or affect the title, but with regard to priorities (see sections below), it is of great importance to bankers, for, although a banker may hold the title deeds, if his charge is not registered it may be post poned to a second charge which is registered.

By Section 7 of the Yorkshire Registries Act, 1SS4, it is seen that a mere deposit of deeds, without a memorandum of deposit, may be registered : " Where any lien or charge on any lands within any of the three Ridings is claimed in respect of any unpaid purchase money, or by reason of any deposit of title deeds, a memorandum of such lien or charge, signed by the person against whom such lien or charge is claimed, may be registered by any person claiming to be interested therein." Charges rank according to the date of registration. Section 14 (as amended by Sec tion 4 of the Amending Act, 18851 provides as follows : " Subject to the provisions of this Act, all assurances entitled to be registered under this Act shall have priority according to the date of registration thereof, and not according to the date of such assurances or of the execu tion thereof, and every will entitled to be registered under this Act shall have priority according to the date of the death of the testator if the date of registration thereof be within, or under this Act to be deemed to be within, a period of six months after the death of the testator, or according to the date of registration thereof, if such date of registration be not within, or under this Act to be deemed to be within, such period of six months : provided that nothing in this Act shall interfere with the priorities as between themselves of any assurances or wills the dates of registration of which may be identical.

" All priorities given by this Act shall have full effect in all Courts, except in cases of actual fraud, and all persons claiming there under any legal or equitable interests shall be entitled to corresponding priorities, and no such person shall lose any such priority merely in consequence of his having been affected with actual or constructive notice, except in cases of actual fraud ; but nothing in this Section contained shall operate to confer upon any person claiming without valuable consideration under any person any further priority or protection than would belong to a person under whom he claims : and any disposition of land, or charge on land, which if unregistered would be fraudu lent and void, shall, notwithstanding regis tration, he fraudulent and void in like manner." If, for example, Brown has a first charge upon a property, and Jones has a second charge, and J ones, although quite aware that Brown has a first charge unregistered, registers his second charge, Jones thereby secures priority, except in case of actual fraud. (In the Middlesex Deeds Registry it is different, as priority cannot be obtained by anyone registering who is aware of the existence of a prior unregistered charge.) By Section 16 tacking is abolished in connection with land in Yorkshire : " In any case in which priority or protection might but for this Act have been given or allowed to any estate or interest in lands by reason or on the ground of such estate or interest being protected by or tacked to any legal or other estate or interest in such lands, no such priority or protection shall after the commencement of this Act be so given or allowed to any estate or interest in lands within the three Ridings, except as against any estate or interest which shall have existed prior to such commencement, and full effect shall be given in every Court to this present provision, although the party claiming such priority or protection as afore said shall claim as a purchaser for valuable consideration without notice." Where a banker receives deeds of property in Yorkshire he can ascertain from a search of the Register whether there are any charges upon the property. If a charge exists but has not been registered, it will not affect the banker's charge which is registered.

Page: 1 2