DOCSLIB.ORG

Land Registration (Amendment) Rules 2008

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Land Registration (Amendment) Rules 2008 STATUTORY INSTRUMENTS 2008 No. 1919 LAND REGISTRATION, ENGLAND AND WALES The Land Registration (Amendment) Rules 2008 Made - - - - 17th July 2008 Laid before Parliament 21st July 2008 Coming into force in accordance with rule 2 CONTENTS 1. Citation 2. Commencement 3. Interpretation 4. Amendments to the principal rules 5. Use of old forms 6. Provision consequential upon revocation of rule 8(1)(i) SCHEDULE 1 — AMENDMENTS TO PARTS 1 TO 10 AND 13 TO 16 OF THE PRINCIPAL RULES SCHEDULE 2 — SUBSTITUTED SCHEDULE 1 TO THE PRINCIPAL RULES SCHEDULE 3 — AMENDMENTS TO SCHEDULE 3 TO THE PRINCIPAL RULES SCHEDULE 4 — SUBSTITUTED SCHEDULE 4 TO THE PRINCIPAL RULES SCHEDULE 5 — AMENDMENTS TO SCHEDULE 6 TO THE PRINCIPAL RULES SCHEDULE 6 — AMENDMENTS TO SCHEDULE 9 TO THE PRINCIPAL RULES The Lord Chancellor makes the following rules in exercise of the powers conferred by sections 1(2), 13(a), 14(a) and (b), 21(2)(a), (b) and (c), 22, 25(1), 27(6), 36(4), 43(2)(a), (c) and (d), 47, 60(3), 66(2), 67(3), 70, 73(2), (3) and (4), 88, 126, 127(1)(a), 128(1) and 134(2) of, and paragraphs 2(2) and 7(3) of Schedule 2, paragraph 7(b), (c) and (d) of Schedule 4, paragraphs 2(1)(e), 10(4), and 15 of Schedule 6, paragraph 9 of Schedule 8, paragraphs 3(a), 5(2)(a), 6(a) and (b), and 8 of Schedule 10, and paragraph 2(4) of Schedule 12 to, the Land Registration Act 2002(b). (a) See section 132(1) for the definition of “land registration rules”. (b) 2002 c.9. In accordance with section 127(a) of the Land Registration Act 2002, he has received the advice and assistance of the Rule Committee appointed under that section. Citation 1. These rules may be cited as the Land Registration (Amendment) Rules 2008. Commencement 2.—(1) Subject to paragraph (2), these rules shall come into force on 10 November 2008. (2) Paragraph 40 of Schedule 1 (new rule 111) shall come into force on the day that section 869 of the Companies Act 2006(b) comes into force. Interpretation 3. In these rules “the principal rules” means the Land Registration Rules 2003(c) and in rule 6 and in the Schedules to these rules (other than in respect of the reference note at the head of each Schedule) a reference to a rule by number is a reference to the rule so numbered in the principal rules. Amendments to the principal rules 4.—(1) Parts 1 to 10 and 13 to 16 of the principal rules are amended as set out in Schedule 1. (2) For Schedule 1 to the principal rules substitute the schedule set out in Schedule 2. (3) In Schedule 1A to the principal rules, for the words in italicised text immediately below the heading “LR3. Parties to this lease” substitute— “Give full names and addresses of each of the parties. For UK incorporated companies and limited liability partnerships, also give the registered number including any prefix. For overseas companies, also give the territory of incorporation and, if appropriate, the registered number in England and Wales including any prefix.”. (4) In paragraph 5 of Schedule 2 to the principal rules, after “owing” insert “to”. (5) Schedule 3 to the principal rules is amended as set out in Schedule 3. (6) For Schedule 4 to the principal rules substitute the schedule set out in Schedule 4. (7) In Schedule 5 to the principal rules, insert at the appropriate places and in the columns indicated below— “Column 1 Column 2 An authorised person within the meaning of section 108(15) of the Certificate P Environment Act 1995(d) Director of Enforcement at the Financial Services Authority or a Certificate Q” member of the Financial Services Authority authorised to apply on behalf of the Director of Enforcement. (8) Schedule 6 to the principal rules is amended as set out in Schedule 5. (9) Schedule 9 to the principal rules is amended as set out in Schedule 6. (a) Section 127 was amended by the Constitutional Reform Act 2005 (c.4), section 15(1) and Schedule 4, Part 1, paragraphs 301 and 302. (b) 2006 c.46. (c) S.I. 2003/1417; relevant amending instruments are S.I. 2005/1766, 2005/1982, 2006/594, 2007/1898, 2007/3224, 2008/574, 2008/1750. (d) 1995 c.25. 2 Use of old forms 5.—(1) Subject to paragraph (3), an application may be accompanied by an old form instead of the equivalent new form— (a) if the application is delivered to the registrar during the period of three months beginning with the commencement day, or (b) if the old form is one to which paragraph (2) applies. (2) An old form is one within paragraph (1)(b) if its use is expressly required— (a) by an agreement entered into at least three months before the commencement day, (b) by an order of the court, or (c) by or under an enactment. (3) This rule does not apply to an application which is required to be in Form AP1, Form DS2 or Form FR1. (4) In this rule— “commencement day” means 10 November 2008, “new form” means a form set out in Schedule 2, “old form” means a form set out in Schedule 1 to the principal rules immediately before the commencement day. Provision consequential upon revocation of rule 8(1)(i) 6. The registrar need not retain in the register any entry made under rule 8(1)(i) (name of the first proprietor of a registered estate with possessory title) or an equivalent entry made under the Land Registration Act 1925(a). Signed by authority of the Lord Chancellor Michael Wills Minister of State 17th July 2008 Ministry of Justice (a) The Land Registration Act 1925 (c.21) was repealed by section 135 of, and Schedule 13 to, the Land Registration Act 2002 on 13 October 2003. 3 SCHEDULE 1 Rule 4(1) AMENDMENTS TO PARTS 1 TO 10 AND 13 TO 16 OF THE PRINCIPAL RULES Amendments to rule 5 1. In rule 5— (a) at the beginning of the rule, for “The” substitute “Except where otherwise permitted, the”, (b) for paragraph (b)(ii) substitute— “(ii) easements, rights and privileges benefiting the registered estate and other similar matters,”, (c) in paragraph (b)(iii), after “exceptions” insert “or reservations”, and (d) in paragraph (b)(iv), omit “other” where it first appears and after “matter” insert “otherwise”. Amendment to rule 6 2. In rule 6(2), for the words from “all” to “registration” substitute “the lease prohibits or restricts dispositions of the estate”. Amendment to rule 7 3. At the beginning of rule 7, for “The” substitute “Where practicable, the”. Amendments to rule 8 4. In rule 8— (a) omit paragraph (1)(i), and (b) for rule 8(2) substitute— “(2) Where practicable, the registrar must enter in the proprietorship register— (a) on first registration of a registered estate, (b) following completion by registration of a lease which is a registrable disposition, and (c) on a subsequent change of proprietor of a registered estate, the price paid or value declared for the registered estate. (3) An entry made under paragraph (2) must remain until there is a change of proprietor, or some other change in the register of title which the registrar considers would result in the entry being misleading.”. Amendments to rule 9 5. In rule 9— (a) at the beginning of the rule, for “The” substitute “Except where otherwise permitted, the”, (b) in paragraph (g), omit “and”, (c) in paragraph (h), for the full stop substitute “, and”, and (d) after paragraph (h), add— 4 “(i) any matter otherwise required to be entered in any other part of the register which the registrar considers may more conveniently be entered in the charges register.”. Amendment to rule 11 6. For rule 11(3) substitute— “(3) A person may apply in Form PN1 for a search to be made in the index in respect of— (a) his own name, (b) the name of a corporation aggregate, or (c) the name of some other person in whose property he can satisfy the registrar that he is interested generally (for instance as trustee in bankruptcy or personal representative).”. Amendment to rule 19 7. In rule 19(2)(c), for “to which communications may be sent” substitute “for service in accordance with rule 198”. Amendments to rule 27 8.—(1) In the heading to rule 27, after “application” insert “based on adverse possession or” and after “are” insert “otherwise”. (2) Rule 27 is renumbered as paragraph (1) of that rule. (3) After paragraph (1) as so renumbered, add— “(2) The evidence referred to in paragraph (1) may consist of, or include, a statement of truth, which may be made in Form ST1, ST2 or ST3, as appropriate.”. Amendment to rule 33 9. In rule 33, after paragraph (2) add— “(3) The evidence referred to in paragraph (1)(b) may consist of, or include, a statement of truth, which may be made in Form ST4 if appropriate.”. Amendment to rule 37 10. For rule 37(1) and (2) substitute— “(1) This rule applies where— (a) an application is made for registration of a leasehold estate under Chapter 1 of Part 2 of the Act, (b) at the time of the grant of the lease— (i) the reversion was not registered, or (ii) the reversion was registered but the grant of the lease was not required to be completed by registration, (c) the registrar is satisfied that a particular registered estate is the reversion, and (d) the lease is not noted in the register of the registered reversion.
Load more

Recommended publications
  • Mason's Minnesota Statutes 1927
    1940 Supplement To Mason's Minnesota Statutes 1927 (1927 to 1940) (Superseding Mason s 1931, 1934, 1936 and 1938 Supplements) Containing the text of the acts of the 1929, 1931, 1933, 1935, 1937 and 1939 General Sessions, and the 1933-34,1935-36, 1936 and 1937 Special Sessions of the Legislature, both new and amendatory, and notes showing repeals, together with annotations from the various courts, state and federal, and the opinions of the Attorney General, construing the constitution, statutes, charters and court rules of Minnesota together with digest of all common law decisions. Edited by William H. Mason Assisted by The Publisher's Editorial Staff MASON PUBLISHING CO. SAINT PAUL, MINNESOTA 1940 CH. 64—PLATS §8249 street on a street plat made by and adopted by the plat, or any officer, department, board or bureau of commission. The city council may, however, accept the municipality, may present to the district court a any street not shown on or not corresponding with a petition, duly verified, setting forth that such decision street on an approved subdivision plat or an approved is illegal, in whole or in part, specifying the grounds street plat, provided the ordinance accepting such of the Illegality. Such petition must be presented to street be first submitted to the planning commission the court within thirty days after the filing of the deci- for its approval and, if approved by the commission, sion in the office of the planning commission. be enacted or passed by not less than a majority of Upon the presentation of such petition, the court the entire membership of the council, or, if disapproved may allow a writ of certiorari directed to the planning by the commission, be enacted or passed by not less commission to review such decision of the planning than two-thirds of the entire membership of the city commission and shall prescribe therein the time within council.
    [Show full text]
  • Adverse Possession and the Transmissibility of Possessory Rights – the Dark Side of Land Registration? Mark Pawlowski* *Barris
    Adverse Possession and the Transmissibility of Possessory Rights – The Dark Side of Land Registration? Mark Pawlowski* *Barrister, Professor of Property Law, Scholl of Law, University of Greenwich James Brown** **Barrister, Senior Lecturer in Law, Aston University It is trite law that, if unregistered land is adversely possessed for a period of 12 years, the title of the paper owner is automatically barred under s.15 of the Limitation Act 1980. Where the land is registered, however, there is no automatic barring of title by adverse possession1 – instead, after being in adverse possession for a minimum of 10 years,2 the adverse possessor can apply to be registered as the proprietor in place of the registered proprietor of the land.3 Upon receipt of such an application, the Land Registry is obliged to notify various persons interested in the land, including the registered proprietor.4 Those persons then have 65 business days5 within which to object to the registration6 and, in the absence of any objection, the adverse possessor is entitled to be registered as the new proprietor of the land. 7 In these circumstances, the registered proprietor is assumed to have abandoned the land. If, on the other hand, there is an objection, the possessor will not be registered as the proprietor unless he falls within one of the three exceptional grounds listed in paragraph 5, Schedule 6 to the Land Registration Act 2002, where: (1) it would be unconscionable for the registered proprietor to object to the application; (2) the adverse possessor is otherwise entitled to the land; or (3) if the possessor is the owner of adjacent property and has been in adverse possession of the subject land under the mistaken, but reasonable belief, that he is its owner.
    [Show full text]
  • The Condominium Act
    REPUBLIC ACT NO. 4726 AN ACT TO DEFINE CONDOMINIM, ESTABLISH REQURIEMENTS FOR ITS CREATION, AND GOVERN ITS INCIDNETS SECTION 1. The short title of this Act shall be The Condominium Act. SECTION 2. A condominium is an interest in real property consisting of a separate interest in a unit in a residential, industrial or commercial building and an undivided interest in common directly or indirectly, in the land which it is located and in other common areas of the building. A condominium may include, in addition, a separate interest in other portions of such real property. Title to the common areas, including the land, or the appurtenant interests in such areas, may be held by a corporation specially formed for the purpose (hereinafter known as the condominium corporation) in which the holders of separate interests shall automatically be members or share−holders, to the exclusion of others, in proportion to the appurtenant interest of their respective units in the common areas. The interests in condominium may be ownership or any other interest in real property recognized by the law of property in the Civil Code and other pertinent laws. SECTION 3. As used in this Act, unless the context otherwise requires: a. Condominium means a condominium as defined in the next preceding section. b. Unit means a part of the condominium project intended for any type of independent use or ownership, including one or more rooms or spaces located in one or more floors (or part or parts of floors) in a building or buildings and such accessories as may be appended thereto.
    [Show full text]
  • LAND REGISTRATION for the TWENTY-FIRST CENTURY a Conveyancing Revolution
    LAND REGISTRATION FOR THE TWENTY-FIRST CENTURY A Conveyancing Revolution LAND REGISTRATION BILL AND COMMENTARY Laid before Parliament by the Lord High Chancellor pursuant to section 3(2) of the Law Commissions Act 1965 Ordered by The House of Commons to be printed 9 July 2001 LAW COMMISSION H M LAND REGISTRY LAW COM NO 271 LONDON: The Stationery Office HC 114 The Law Commission was set up by section 1 of the Law Commissions Act 1965 for the purpose of promoting the reform of the law. THE COMMISSIONERS ARE: The Honourable Mr Justice Carnwath CVO, Chairman Professor Hugh Beale Mr Stuart Bridge· Professor Martin Partington Judge Alan Wilkie QC The Secretary of the Law Commission is Mr Michael Sayers Her Majesty’s Land Registry, a separate department of government and now an Executive Agency, maintains the land registers for England and Wales and is responsible for delivering all land registration services under the Land Registration Act 1925. The Chief Land Registrar and Chief Executive is Mr Peter Collis The Solicitor to H M Land Registry is Mr Christopher West The terms of this report were agreed on 31 May 2001. The text of this report is available on the Internet at: http://www.lawcom.gov.uk · Mr Stuart Bridge was appointed Law Commissioner with effect from 2 July 2001. The terms of this report were agreed on 31 May 2001, while Mr Charles Harpum was a Law Commissioner. ii LAW COMMISSION HM LAND REGISTRY LAND REGISTRATION FOR THE TWENTY- FIRST CENTURY A Conveyancing Revolution CONTENTS Paragraph Page PART I: THE LAND REGISTRATION BILL AND
    [Show full text]
  • SJC: Land Registration Not a Factor in Right-Of-Way Dispute Key Ruling Continues Court’S ‘Balanced’ Approach to Easement Law
    Established 1872 Reprinted from the issue of March 10th, 2014 www.BankerandTradesman.com T HE R EAL E S T A T E , B ANKING AND C OMME rc IAL W EEKLY FO R M ASSA C HUSE tt S A PUBLICATION OF THE WARREN GROUP PROPERTY LAW SJC: Land Registration Not A Factor In Right-Of-Way Dispute Key Ruling Continues Court’s ‘Balanced’ Approach To Easement Law BY ASHLEY H. BROOKS SPECIAL TO BANKER & TRADESMAN land. dimensions of all easements easement, (b) increase the n a recent major real es- Clifford Martin owns a va- appurtenant to it … are immu- burdens on the owner of the tate law ruling, the Massa- cant lot of registered land table, and Martin has a right of easement in its use and enjoy- Ichusetts Supreme Judicial in an industrial/commercial access over the full width of ment, or (c) frustrate the pur- Court (SJC) extended owners subdivision on the Medford– [the easement].” pose for which the easement of registered land the same Somerville line. The lot has no The SJC disagreed, how- was created.” flexibility frontage on a public way, but ever, and reiterated the Land And even though the dis- that own- is accessible via a right of way Court judge’s finding that pute in Martin v. Simmons ers of un- easement on property owned there is “no principled distinc- Properties involved registered registered by Simmons Properties, which tion between easements on land, the court said: “We dis- land have easement is noted on the cer- registered land and easements cern nothing in the land reg- to defend tificate of registration issued on unrecorded land … ” istration act … to support a easement by the Land Court for Martin’s different understanding of the claims.
    [Show full text]
  • Land Titles Registration Act 2008
    Land Titles Registration Act 2008 SAMOA LAND TITLES REGISTRATION ACT 2008 Arrangement of Provisions PART 1 PRELIMINARY 1. Short title and commencement 2. Interpretation PART 2 ADMINISTRATION 3. Registrar and Assistant Registrar 4. Functions of the Registrar 5. Powers of the Registrar 6. Power to serve notice of proposed action 7. Indemnity of officers PART 3 REGISTER 8. Register 9. Inclusion of land 10. Folios of the Register 11. Change of name of proprietor 12. Manual folio to be considered evidence of title 13. Computer folio to be considered evidence of title PART 4 QUALIFIED FOLIOS OF THE REGISTER 14. Land deemed to be qualified title land 15. Cautions 16. Recording of existing interests 17. Caveat against lapsing of cautions 18. Lapsing of cautions 19. Application of provisions of this Act to qualified folio and land therein PART 5 INSTRUMENTS GENERALLY 20. Execution of instruments 21. Execution of instruments by agent 22. Seal of corporation substituted for signature 23. Unregistrable instruments 24. Multiple ownership 25. Certificate of correctness PART 6 REGISTRATION 26. Lodgment and registration of documents 27. Transactions effecting the subdivision of land 28. Registrar may require plan 29. Recording of instruments 30. Treatment of instruments that do not comply with requirements PART 7 EFFECT OF REGISTRATION 31. Instruments not effectual until recorded in the Register 32. Estate of registered proprietor paramount 33. Purchaser from registered proprietor not to be affected with notice 34. Registered proprietor suing for specific performance 35. Bona fide purchasers and mortgagees protected PART 8 INSTRUMENTS Division 1 – Transfers 36. Transfers 37. Interest and rights of transferor to pass to transferee 38.
    [Show full text]
  • Lease of Land for the Construction and Sale of Residential [And Commercial] Units on Land at [ ]
    Lease of land for the construction and sale of residential [and commercial] units on land at [ ] Dated The Mayor and Burgesses of the London Borough of Tower Hamlets (Landlord) [ ] (Tenant) [ ] (Surety)] Contents 1 DEFINITIONS .................................................................................................. 5 2 INTERPRETATION ....................................................................................... 13 3 DEMISE AND PRICE ................................................................................... 14 9 TRANSFER OF OPEN SPACE LAND ...................................................... 15 5 TRANSFER ETC OF COMMON SERVICES AND HIGHWAYS ........... 15 12 GENERAL PROVISIONS RELATING TO TRANSFERS ....................... 15 7 DEVELOPER'S FURTHER COVENANTS ............................................... 15 8 AGENCY'S [FURTHER] COVENANTS ....................................................... 21 11 FORFEITURE ETC. ...................................................................................... 23 11 AGENCY’S RIGHTS FOLLOWING MATERIAL BREACH OF THIS LEASE............................................................................................................. 24 21 DISPUTES...................................................................................................... 25 15 NOTICES ETC ............................................................................................... 26 16 THE AGENCY'S POWERS AND LIABILITY ............................................ 27 17 VALUE ADDED TAX ...................................................................................
    [Show full text]
  • Real Estate Law in Canada
    ICLG The International Comparative Legal Guide to: Real Estate 2015 10th Edition A practical cross-border insight into real estate law Published by Global Legal Group, with contributions from: Advokatfirman Vinge Herbert Smith Freehills LLP Ali Budiardjo, Nugroho, Reksodiputro Hogan Lovells Andreas Neocleous & Co LLC KG Law Firm Austen-Peters & Co. Law Office Lacmanović Balčiūnas & Grajauskas Marval, O’Farrell & Mairal Başpınar & Partners Law Firm McCann FitzGerald Capital Legal Services Miranda & Amado Debarliev, Dameski & Kelesoska Attorneys at Law Nishimura & Asahi Demarest Advogados Odvetniki Šelih & partnerji, o.p., d.o.o. Dittmar & Indrenius Osler, Hoskin & Harcourt LLP Ferraiuoli LLC Pachiu & Associates Figueroa, Illanes, Huidobro and Salamanca Petrikić & Partneri AOD in cooperation with Gide Loyrette Nouel A.A.R.P.I. CMS Reich-Rohrwig Hainz Gorrissen Federspiel Portilla Ruy-Diaz y Aguilar, S.C. Greenberg Traurig, LLP Schellenberg Wittmer Ltd Gürlich & Co. Vasil Kisil & Partners Haxhia & Hajdari Attorneys at Law Ziv Lev & Co. Law Office The International Comparative Legal Guide to: Real Estate 2015 General Chapter: 1 The AIFMD and the Real Estate Sector: An Update – Scott Cochrane & Nish Dissanayake, Herbert Smith Freehills LLP 1 Country Question and Answer Chapters: Contributing Editor Michelle Howie, 2 Albania Haxhia & Hajdari Attorneys at Law: Isuf Haxhiu & Elvina Haxhiaj 7 Herbert Smith Freehills LLP 3 Argentina Marval, O’Farrell & Mairal: Santiago Carregal & Diego A. Chighizola 17 Head of Business Development 4 Australia Herbert
    [Show full text]
  • Land Registration Act
    LAWS OF KENYA LAND REGISTRATION ACT CHAPTER 300 Revised Edition 2012 Published by the National Council for Law Reporting with the Authority of the Attorney-General www.kenyalaw.org [Rev. 2012] CAP. 300 Land Registration CHAPTER 300 LAND REGISTRATION ACT ARRANGEMENT OF SECTIONS PART I – PRELIMINARY Section 1. Short title. 2. Interpretation. 3. Application. 4. Limitation of application. 5. Conflict with other laws. PART II – ORGANISATION AND ADMINISTRATION Land Register, Land Registries and Offices 6. Registration units. 7. Land registry. 8. Community Land Register. 9. Maintenance of documents. 10. Public access to the register. 11. Seal of Registry. 12. Appointment of officers. 13. Qualifications for appointment of Chief Land Registrar. 14. General powers of Land Registrars of Titles. 15. Cadastral map. Maps, Parcels and Boundaries 16. Power to alter boundary lines and to prepare new editions. 17. Approval for further surveys. 18. Boundaries. 19. Fixed boundaries. 20. Maintenance of boundaries. 21. Interference with boundary features. 22. Combinations and subdivisions. 23. Reparcellation. Effect of Registration 24. Interest conferred by registration. 25. Rights of a proprietor. 26. Certificate of title to held as conclusive evidence of proprietorship. 27. Transfer without valuable consideration. 28. Overriding interests. 29. Actual notice. L9 - 3 [Issue 1] CAP. 300 [Rev. 2012] Land Registration Certificates of Title, Certificates of Lease and Searches Section 30. Certificate of title and Certificate of lease. 31. Production of certificates. 32. Dispositions of leases and charges. 33. Lost or destroyed certificates and registers. 34. Searches and copies. 35. Evidence. PART III – DISPOSITION AFFECTING LAND General Principles 36. Dispositions and dealings affecting private land.
    [Show full text]
  • Bulletin 2001-1 Condominium Act, 1998
    BULLETIN NO. 2001-1 Land Titles Act Registry Act @ Ontario , DATE: May 4,2001 1 I I Ministry of Consumer Condominium Act, 1998 and Business Services TO: All Land Registrars Registration Division Title and Survey Services Office I. INTRODUCTION The Condominium Act, 1998 is the culmination of many years of consultation to reform the existing legislation. The new Act will provide for increased consumer protection through more detailed disclosure requirements prior to the sale of a condominium, mandatory post construction audits of the common elements after registration of the condominium project and ongoing reserve fund studies to ensure adequate funding is available for repairs throughout the life of the condominium. In addition to the increased consumer protection, the new Act will introduce new forms of condominium ownership. These new forms will allow the industry to address a variety of consumer needs by allowing freehold and leasehold condominiums. Beyond the standard condominium type now in existence, the new forms of freehold condominiums will encompass vacant land condominiums, common element condominiums, amalgamation and phasing of standard condominiums. Standard condominiums can also be constructed on leasehold lands. The provisions of this Bulletin are effective as of May 5, 2001, being the date the Condominium Act, 1998 (new Act) comes into force. A series of Regulations under the new Act - 0. Reg. 48/01, 49/01, 50101, 51/01 and 52/01 have been filed and are available on the MCBS Internet site - WWW. ccr. EOV. on.ca. In summary the types of condominiums in the new Act are: 1. Standard Condominiums Standard Condominiums will be entitled - '(LRO Division) Standard Condominium Corporation (Plan) No.
    [Show full text]
  • Study on Key Aspects of Land Registration and Cadastral Legislation Part 1 of 2
    Study on Key Aspects of Land R on Key Study Study on Key Aspects of Land Registration and Cadastral Legislation Part 1 of 2 egistration and Cadastral Legislationegistration 1 Part Sponsored, printed and published by: HM Land Registry 32 Lincoln’s Inn Fields LONDON WC2A 3PH United Kingdom Tel (++44) 020 7917 8888 ext. 4505 On behalf of: United Nations Economic Commission for Europe Committee on Human Settlements Working Party on Land Administration Palais des Nations Printed and published on behalf of UNECE Working Party on 8-10 Avenue de la Paix 1211 GENEVA Land Administration by Her Majesty’s Land Registry London Switzerland May 2000 Tel (++41) 22 917 2374 CONTENTS OF THIS STUDY REPORT PART 1 Page Preface 3 A list of the 36 Countries (and 43 jurisdictions) responding to the questionnaire 5 Topics covered in the study and the Key definitions 7 A commentary on the results of the study 9 Snapshots from country responses Graphic summaries of key questions 35 Contact addresses of those responding 37 Contact addresses of UNECE WPLA Bureau officials 45 Annex 1 Indicating country answers categorised by individual question 47 PART 2 Annex 2 Indicating answers categorised by country 1 2 PREFACE The Working Party on Land Administration (the former Meeting of Officials on Land Administration) of the United Nations Economic Commission for Europe (UN-ECE) decided to prepare a study on key aspects of land registration and cadastral legislation in the ECE countries, as part of its programme of work for 1999-2002 (HBP/WP.7/1999/2, Annex IV). Following representations made by member states UNECE identified the need to assist in this area by identifying actual legislative practice.
    [Show full text]
  • What Would Title Registration Bring to a Deeds System with High Quality
    Presented at the FIG WorkingWhat Week 2019, Would Title Registration April 22-26, 2019 in BringHanoi, Vietnam to a Deeds System with High Quality Land Information? Prof. dr. Jaap Zevenbergen, MSc, LLM Prof. dr. Hendrik Ploeger, LLM (TU Delft) FIG Working Week 2019 Hanoi, 23 April 2019 Land Registration ▪ types of transaction evidence ▪ (Oral agreement) ▪ Private conveyancing ▪ Registration of deeds ▪ Registration of title (Larrson 1991) The four basic principles* a. The booking or register principle b. The consent principle c. The principle of publicity d. The principle of speciality *despite differences between systems (e.g. deeds or title) Registration of Deeds ▪ public repository of documents (deeds mortgages, survey plans) ▪ elements ▪ logging of time ▪ indexing of instrument ▪ archiving of document or copy ▪ deed does not in itself prove title, it is just a record of an isolated transaction Registration of Deeds ▪ core principles (compared to private conveyancing) ▪ security ▪ evidence ▪ notice and priority ▪ legal documents are registered, not title to a property Registration of Title ▪ overcome defects of registration of deeds ▪ simplify process of transaction ▪ the register describes current property ownership and charges/liens ▪ compulsory, examination, warranty ▪ register becomes ‘proof of ownership’ ▪ > rudimentary deeds reg. of 19th cent. Title Registration System ▪ Often associated with three principles: ▪ Mirror ▪ Curtain ▪ Insurance Registration of Title ▪ Critique: ▪ expensive and cumbersome to implement (and for government
    [Show full text]