Land Registration Act 1982


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Land Registration Act 1982

c i e
AT 7 of 1982

LAND REGISTRATION ACT 1982

Land Registration Act 1982 Index


c AT 7 of 1982 Page 3

c i e
LAND REGISTRATION ACT 1982

Index Section Page

PART I – THE LAND REGISTRY 9

1 The Land Registry ........................................................................................................... 9
2 The Land Commissioner ................................................................................................ 9
3 Powers of Registrar to summon witnesses ............................................................... 10
4 Indemnity of Land Registry officials ......................................................................... 10
PART II – JURISDICTION IN LAND REGISTRATION MATTERS 11

5 Power of High Court in actions for specific performance ...................................... 11
6 Appeal and reference to Land Commissioner .......................................................... 11
7 Appeal from the Land Commissioner ....................................................................... 11
8 Enforcement by Land Commissioner of orders of Registrar .................................. 12
9 Registrar to obey orders of Land Commissioner and courts .................................. 12
PART III – REGISTRATION OF OWNERSHIP 12

The registers 12

10 The title register ............................................................................................................ 12
11 Conclusiveness of registers ......................................................................................... 13
Owners and classes of title 13

12 Classes of owners who may be registered ................................................................ 13
13 Classes of title with which owners may be registered ............................................ 14
Freehold estates 14

14 Application for first registration of freehold estate ................................................. 14
15 Effect of first registration of freehold estate with absolute title ............................. 15
16 Effect of first registration of freehold estate with possessory title ......................... 15
17 Qualified title to freehold estate ................................................................................. 16
Leasehold estates 16

18 Application for first registration of leasehold estate ............................................... 16
19 Effect of first registration of leasehold estate with absolute title ........................... 17
20 Effect of first registration of leasehold estate with good leasehold title ............... 18
21 Effect of first registration of leasehold estate with possessory title ....................... 18
Index Land Registration Act 1982


Page 4 AT 7 of 1982 c

22 Qualified title to leasehold estate ............................................................................... 18
Compulsory first registration 19

23 Compulsory first registration ..................................................................................... 19
24 Extension of compulsory registration ....................................................................... 19
24A First registration of land of public bodies ................................................................. 20
Reclassification of title 20

25 Reclassification of registered titles ............................................................................. 20
Extinguishment of leasehold estates 20

26 Extinguishment of leasehold estates .......................................................................... 20
Examination of title 21

27 Examination of title ...................................................................................................... 21
28 Affidavit required before registration ....................................................................... 21
28A Restrictions affecting land ........................................................................................... 22
PART IV – DEALINGS WITH REGISTERED LAND 22

General provisions 22

29 Dealings with registered land .................................................................................... 22
30 Powers of person entitled to be registered ............................................................... 23
31 Transfer of registered land .......................................................................................... 23
32 Words of transfer .......................................................................................................... 24
33 Defeasance of registered owner’s estate ................................................................... 24
34 Transmission of registered land ................................................................................. 25
Burdens generally 25

35 Matters which are burdens affecting registered land without registration ......... 25
36 Registration of certain burdens .................................................................................. 26
37 Priority of registered burdens .................................................................................... 26
Money burdens 26

38 Creation and effect of charges on registered land ................................................... 26
39 Exercise of power of charging registered land ......................................................... 27
40 Priority of registered charge for future advances .................................................... 27
41 Term of years vested in trustee for raising money out of registered land ........... 28
42 Term of years vested in trustee for raising money etc prior to first
registration .................................................................................................................... 28
Modification and discharge of burdens 28

43 Modification and discharge of burdens other than charges .................................. 28
44 Discharge etc of registered charges ........................................................................... 29
Executions 30

45 Executions affecting registered land .......................................................................... 30
PART V – GENERAL PROVISIONS AS TO REGISTRATION 30

46 Entry of rights appurtenant to land ........................................................................... 30
47 [Repealed] ...................................................................................................................... 30
48 Acquisition of title by possession ............................................................................... 30
Land Registration Act 1982 Index


c AT 7 of 1982 Page 5

49 Notice of trusts .............................................................................................................. 31
50 Undivided shares and co-owners ............................................................................... 31
51 Special provisions applicable to settled land ............................................................ 32
52 Power to apply to Land Commissioner for directions ............................................ 32
53 Provisions as to incumbrances created or issued by a body corporate
which are not registered or protected ........................................................................ 32
54 Effect of bankruptcy etc of registered owners .......................................................... 32
55 Minors ............................................................................................................................ 34
56 Persons suffering from mental disorder .................................................................... 34
PART VI – MAPS AND BOUNDARIES 34

57 The Registry map .......................................................................................................... 34
58 Description of registered land..................................................................................... 35
59 Effect of description of registered land ...................................................................... 35
PART VII – CAUTIONS, INHIBITIONS AND RESTRICTIONS 36

60 Cautions against first registration .............................................................................. 36
61 Cautions against registered dispositions ................................................................... 36
62 Inhibitions of registered dealings ............................................................................... 37
63 Inhibitions in consequence of discovery of error ..................................................... 38
64 Restrictions .................................................................................................................... 38
PART VIII - RECTIFICATION AND INDEMNITY 39

65 Rectification of errors ................................................................................................... 39
66 Claims for compensation ............................................................................................. 40
PART IX – MISCELLANEOUS PROVISIONS 41

67 Exemption from registration under 1961 Act ........................................................... 41
68 Exemption from registration in the General Registry of documents
relating to burdens ....................................................................................................... 42
69 Execution of documents containing reservations .................................................... 42
70 Avoidance of stipulations in documents precluding registration of title ............. 43
71 Avoidance of certain stipulations in contracts for transfer of or charge on
registered land ............................................................................................................... 43
72 Certified copies of entries in registers ........................................................................ 43
73 Searches .......................................................................................................................... 43
74 Penalties for fraud ........................................................................................................ 44
75 Effect of fraudulent dispositions and fraudulent acts ............................................. 45
76 Fees ................................................................................................................................. 45
77 Land Registry Rules ..................................................................................................... 46
77A Documents and records ............................................................................................... 46
PART X – SUPPLEMENTARY 47

78 Financial provisions ..................................................................................................... 47
79 Interpretation ................................................................................................................. 47
80 Application to the Crown ............................................................................................ 49
Index Land Registration Act 1982


Page 6 AT 7 of 1982 c

81 Amendment of enactments ......................................................................................... 49
82 Short title and commencement ................................................................................... 50
SCHEDULE 1 51

SCHEDULE 2 51

COMPULSORY REGISTRATION 51
SCHEDULE 3 53

RECLASSIFICATION OF TITLE 53
SCHEDULE 4 54

TRANSMISSION OF REGISTERED LAND 54
SCHEDULE 5 55

BURDENS WHICH AFFECT REGISTERED LAND WITHOUT
REGISTRATION 55
SCHEDULE 6 57

REGISTRATION OF CERTAIN BURDENS 57
SCHEDULE 7 58

PROVISIONS RELATING TO CHARGES ON REGISTERED LAND 58
SCHEDULE 8 60

SPECIAL PROVISIONS RELATING TO SETTLED LAND 60
SCHEDULE 9 61

CAUTIONS AGAINST REGISTERED DISPOSITIONS 61
SCHEDULE 10 63

COMPENSATION PAYABLE UNDER THE ACT 63
SCHEDULE 11 65

MATTERS IN RESPECT OF WHICH LAND REGISTRY RULES MAY BE
MADE 65
SCHEDULE 12 68

CONSEQUENTIAL AMENDMENTS 68
ENDNOTES 69

TABLE OF LEGISLATION HISTORY 69
TABLE OF RENUMBERED PROVISIONS 69
Land Registration Act 1982 Index


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TABLE OF ENDNOTE REFERENCES 69

Land Registration Act 1982 Section 1


c AT 7 of 1982 Page 9

c i e
LAND REGISTRATION ACT 1982

Received Royal Assent: 16 August 1982
Passed: 19 October 1982
Commenced: See endnotes
AN ACT
to provide for the registration of the title to land, and for connected
purposes.
GENERAL NOTE:
The maximum fines in this Act are as increased by the Fines Act
1986 and by the Criminal Justice (Penalties, Etc.) Act 1993 s 1.
PART I – THE LAND REGISTRY

1 The Land Registry

(1) The Chief Registrar shall establish and maintain a land registry (“the

Land Registry
”) as part of the General Registry.
(2) The Public Services Commission and the Chief Registrar shall secure that
the staff assigned to the Land Registry include one or more persons
qualified to act as an advocate, barrister or solicitor in the Island, any
part of the United Kingdom, any of the Channel Islands or the Republic
of Ireland.1
2

2 The Land Commissioner

(1) The Council of Ministers shall appoint a person who is, or has been, a
Deemster to be Land Commissioner.3

(2) The Land Commissioner shall, for the purposes of this Act, have all the
powers, immunities and privileges of a Deemster acting as a judge of the
High Court and shall exercise such functions as may be conferred on him
by this Act or by Land Registry Rules.
(3) The practice and procedure in proceedings before the Land
Commissioner shall be such as may be prescribed.
Section 3 Land Registration Act 1982


Page 10 AT 7 of 1982 c

3 Powers of Registrar to summon witnesses

[NI/1970/18/2]
(1) The Registrar may, by summons under the seal of the Land Registry,
require the attendance of any person whom he may consider to be
necessary, in connection with any matter relating to registration under
this Act, for examination under this section and may, by like summons,
require any person to produce for his inspection any document in his
custody or under his control relating to that matter.
(2) The Registrar may, by like summons, require any person having the
custody of any map, survey, record or book made or kept in pursuance
of any enactment to produce the map, survey, record or book for his
inspection.
(3) The Registrar may examine on oath or otherwise any person appearing
before him, and may accordingly administer an oath.
(4) The Registrar may allow any person summoned by him pursuant to
subsection (1) or (2) the reasonable expenses of his attendance.
(5) Any expenses allowed pursuant to subsection (4) shall be deemed to be
costs incurred in or about proceedings for registration, and may be dealt
with in such manner as may be prescribed.
(6) Any person who, after being served with a summons under
subsection (1) or (2) or with a copy thereof, and after having had tender
made to him of the travelling and subsistence expenses, if any, to which
he is entitled, wilfully neglects or refuses —
(a) to attend, or to produce any document, in pursuance of the
summons under subsection (1); or
(b) to produce any map, survey, record or book which he may be
required to produce pursuant to the summons under
subsection (2); or
(c) to answer on oath or otherwise any questions lawfully put to him
by the Registrar,
shall be guilty of an offence and shall be liable on summary conviction to
a fine not exceeding £2,500.
4 Indemnity of Land Registry officials

[NI/1970/18/3]
The Registrar shall not, nor shall any officer or person acting pursuant to any
authority conferred by or under this Act or any other statutory provision, be
liable to any action, suit or proceedings for, or in respect of, any act or matter
done or omitted to be done in good faith in the exercise, or purported exercise,
of the functions conferred by or under this Act or any other statutory provision.4

Land Registration Act 1982 Section 5


c AT 7 of 1982 Page 11

PART II – JURISDICTION IN LAND REGISTRATION

MATTERS

5 Power of High Court in actions for specific performance

[NI/1970/18/5]
Where an action is instituted for the specific performance of a contract relating
to registered land, the High Court may cause all or any parties who have
registrable rights in the land, or have entered cautions or inhibitions against the
same, to appear in the action and show cause why the contract should not be
specifically performed, and the order of the Court in the action shall be binding
on those parties or any of them.
6 Appeal and reference to Land Commissioner

[NI/1970/18/6]
(1) Any person aggrieved by any order or decision of the Registrar may
appeal to the Land Commissioner and the Land Commissioner may
annul or confirm, with or without modification, the order or decision.
(2) Whenever the Registrar entertains a doubt as to any question of law or of
fact arising in the course of registration under this Act, he may make an
order referring the question to the Land Commissioner.
(3) Save as is otherwise provided by section 56 of this Act, the Land
Commissioner, in any proceeding under this section, shall, if so
requested by the Registrar, and may in any case, if necessary, appoint,
for the purposes of that proceeding, a guardian or other person to
represent any minor, person of unsound mind, person absent from the
Island, unborn person or person as to whom it is not known whether he
is dead or alive.
(4) The Land Commissioner may, if he is satisfied that the interests of any
person represented as is mentioned in subsection (3) are sufficiently
protected by the representation, make an order declaring that that person
shall be conclusively bound by the decision of the Land Commissioner,
and, thereupon, that person shall, subject to section 7, be bound
accordingly as if he were a party.
7 Appeal from the Land Commissioner

[NI/1970/18/7]
Any decision of the Land Commissioner under this Act shall be final and
conclusive on all the parties except that an appeal shall lie, in accordance with
rules of court, to the Staff of Government Division —
(a) where the decision involves any question of law;
(b) in any other case, with the leave of the Land Commissioner or the
Staff of Government Division.
Section 8 Land Registration Act 1982


Page 12 AT 7 of 1982 c

8 Enforcement by Land Commissioner of orders of Registrar

[NI/1970/18/8]
If any person disobeys an order of the Registrar made in pursuance of this Act
or Land Registry Rules, the Registrar may certify the disobedience to the Land
Commissioner, and thereupon, the person guilty of the disobedience may,
subject to his right of appeal to the Land Commissioner from that order, be
punished as a contempt of court by the Land Commissioner as if the order of
the Registrar were the order of the Land Commissioner.
9 Registrar to obey orders of Land Commissioner and courts

[NI/1970/18/9]
(1) The Registrar shall obey every order of the Land Commissioner and of
any court of competent jurisdiction in relation to registered land on being
served with the order or an office copy thereof.
(2) The Registrar may, where he considers it necessary, apply personally
and without notice or formality to the Land Commissioner or, as the case
may require, the court which has made such an order either to vary the
same or to give directions as to the mode in which it is to be obeyed, and,
thereupon, the Land Commissioner or, as the case may be, that court
may, after such notice, if any, as he or, as the case may be, it may direct.
vary the order in such manner, or make such new order, or give such
directions, as he or, as the case may be, it may think fit.
PART III – REGISTRATION OF OWNERSHIP

The registers
10 The title register

(1) There shall be maintained by or on behalf of the Registrar in accordance
with the provisions of this Act and of Land Registry Rules a register of
title to —
(a) freehold estates in land;
(b) leasehold estates in land;
(c) land comprising incorporeal rights held in gross;
(d) such other rights in land as may be prescribed.
(2) The references to estates in subsection (1)(a) and (b) exclude rights such
as are mentioned in subsection (1)(c); and “leasehold estates” in
subsection (1)(b) excludes a leasehold estate for a term of 21 years
or less.5

Land Registration Act 1982 Section 11


c AT 7 of 1982 Page 13

11 Conclusiveness of registers

[NI/1970/18/11]
(1) Save as is otherwise provided by or under this Act, the title register shall
be conclusive evidence of the titles shown on that register and of any
right, privilege, appurtenance or burden as shown thereon, and the title
of any person shown thereon shall not, in the absence of actual fraud, be
in any way affected in consequence of his having notice of any deed,
document or matter relating to or affecting the title so shown.6

(2) [Repealed]7

(3) Subject to any entry to the contrary on the title register, any disposition
of registered land for valuable consideration shall operate in like manner
as if the transferor or grantor were —
(a) entitled to the land for his own benefit;
(b) not under any disability; and
(c) entitled to deal with the land without obtaining any such consent
or complying with any such requirement as is mentioned in
section 64;
notwithstanding any enactment (other than an enactment contained in
this Act or, in the case of a limited owner, the Settled Land Act) or rule of
law to the contrary.8

Owners and classes of title
12 Classes of owners who may be registered

[NI/1970/18/12]
Subject to the provisions of section 55 regarding minors, a person may be
registered in accordance with Land Registry Rules —
(a) in the case of a freehold estate, as owner in fee simple (in this Act
referred to as the “full owner
” of that estate); or
(b) in the case of a settled freehold estate, if he —
(i) is a tenant for life; or
(ii) has under the Settled Land Act the powers of a tenant for
life,
as the limited owner of that estate; or
(c) in the case of a leasehold estate, as the person in whom the
leasehold estate is vested in possession (in this Act referred to as
the “full owner
” of that estate); or
(d) in the case of a settled leasehold estate, if he is either a tenant for
life or has under the Settled Land Act the powers of a tenant for
life, as the limited owner of that estate.
Section 13 Land Registration Act 1982


Page 14 AT 7 of 1982 c

13 Classes of title with which owners may be registered

[NI/1970/18/13]
(1) On first registration of the ownership of a freehold estate, a person may
be registered with —
(a) an absolute title; or
(b) a possessory title; or
(c) a qualified title.
(2) On first registration of the ownership of a leasehold estate, a person may
be registered with —
(a) an absolute title; or
(b) a good leasehold title; or
(c) a possessory title; or
(d) a qualified title.
(3) It shall not be necessary for the Registrar to approve any title which is
proposed to be registered under this Act, but he shall be entitled to
withhold registration until he has received such information and
documents as he considers necessary to justify him in registering the title
applied for.9

Freehold estates
14 Application for first registration of freehold estate

[NI/1970/18/14]
(1) An application for first registration of the ownership of a freehold estate
may be made by —
(a) the owner of an estate in fee simple in the land (including a
personal representative, but excluding a mortgagee where there is
a subsisting right of redemption); or
(b) a tenant for life, or a person who has under the Settled Land Act
the powers of a tenant for life; or
(c) any other person authorised in that behalf by any statutory
provision;
whether or not the estate is subject to incumbrances.10

(2) An application under subsection (1) shall be made for registration
with —
(a) an absolute title;
(b) a possessory title; or
(c) a qualified title.11

(3) and (4) [Repealed]12

Land Registration Act 1982 Section 15


c AT 7 of 1982 Page 15

(5) A person shall not be registered under this section with an absolute title
under this section until his right to be so registered has been shown to
the satisfaction of the Registrar.13

(6) If, on an application for first registration as an owner of a freehold estate
with one of the classes of title specified in subsection (2), the Registrar
decides that the person to be registered as the owner of the estate should
be registered with a title of another of those classes, the Registrar may,
subject to such conditions as may be prescribed, register that person
accordingly.
15 Effect of first registration of freehold estate with absolute title

[NI/1970/18/15]
(1) On first registration of a person as full owner of a freehold estate with an
absolute title, an estate in fee simple in the land shall, subject to
subsections (3) and (4), vest in the person so registered, whether or not it
was theretofore vested in him.
(2) On first registration of a person as limited owner of a freehold estate
with an absolute title, the person so registered shall, subject to
subsections (3) and (4), be, in respect of that land —
(a) a tenant for life; or
(b) a person having under the Settled Land Act the powers of a
tenant for life;
and that land shall be subject to the settlement in respect of which that
person is registered as limited owner.
(3) In either of the cases specified in subsections (1) and (2), the estate of the
registered owner shall be subject to —
(a) any registered burdens affecting the estate;
(b) any other matters appearing from the register to affect the estate;
and
(c) unless the contrary is expressed in the register, any Schedule 5
burdens affecting the estate;
but shall be free from all other rights, including rights of the Crown.
(4) If, on first registration, the registered owner holds the estate as trustee,
nothing in this section shall affect his duties and liabilities as such
trustee.
16 Effect of first registration of freehold estate with possessory title

[NI/1970/18/17]
(1) On first registration of a person as full or limited owner of a freehold
estate with a possessory title, the person so registered shall, save as is
otherwise provided by subsection (2), have the same estate as if he had
Section 17 Land Registration Act 1982


Page 16 AT 7 of 1982 c

been registered as full or, as the case may be, limited owner of that estate
with an absolute title.
(2) The first registration of a person as full or limited owner of a freehold
estate with a possessory title shall not prejudice or affect the enforcement
of any right adverse to, or in derogation of, the title of that person (or, in
the case of a limited owner, of that person and of any other person
entitled under the settlement in respect of which the first-mentioned
person is registered as limited owner) and subsisting or capable of
arising at the time of first registration of the title so registered.
17 Qualified title to freehold estate

[NI/1970/18/18]
(1) If, on an application for first registration of any person as full or limited
owner of a freehold estate, it appears to the Registrar that the title can be
established only for a limited period, or only subject to certain
qualifications, the Registrar may, by an entry made on the register,
except from the effect of registration any estate —
(a) arising before a specified date; or
(b) arising under a specified document; or
(c) otherwise particularly described in the register;
and a title registered subject to any such exception shall be called a
“qualified title
”.14

(2) The first registration of a person as full or limited owner of a freehold
estate with a qualified title shall have the same effect as first registration
with an absolute title, save that first registration with a qualified title
shall not prejudice or affect the enforcement of any estate appearing from
the register to be excepted.
Leasehold estates
18 Application for first registration of leasehold estate

[NI/1970/18/19]
(1) An application for first registration of the ownership of a leasehold estate
may be made by —
(a) the owner of a leasehold estate (including a personal
representative but excluding a mortgagee where there is a
subsisting right of redemption); or
(b) a tenant for life, or a person who has under the Settled Land Act
the powers of a tenant for life: or
(c) any other person authorised in that behalf by any enactment,
whether or not such an estate is subject to incumbrances.
Land Registration Act 1982 Section 19


c AT 7 of 1982 Page 17

(2) An application under subsection (1) shall be made for registration
with —
(a) an absolute title;
(b) a good leasehold title;
(c) a possessory title; or
(d) a qualified title.15

(3) and (4) [Repealed]16

(5) A person shall not be registered as an owner with an absolute title under
this section until he has produced such evidence of title to —
(a) the leasehold estate;
(b) the freehold estate; and
(c) any intermediate estate which may exist,
as the Registrar considers necessary to justify registration with the
proposed class of title.17

(6) A person shall not be registered under this section with a good leasehold
title under this section unless his right to be so registered has been
shown to the satisfaction of the Registrar.18

(7) If, on application for first registration as owner of a leasehold estate with
one of the classes of title specified in subsection (2), the Registrar decides
that the person to be registered as owner of the estate should be
registered with a title of another of those classes, he may, subject to such
conditions as may be prescribed, register that person accordingly.
19 Effect of first registration of leasehold estate with absolute title

[NI/1970/18/20]
(1) On first registration of a person as full owner of a leasehold estate with
an absolute title, the leasehold estate shall, subject to subsections (3) and
(4), vest in the person so registered, whether or not it was theretofore
vested in him.
(2) On first registration of a person as limited owner of a leasehold estate
with an absolute title, the person so registered shall, subject to
subsections (3) and (4), be, in respect of that land, a tenant for life or, as
the case may require, a person having under the Settled Land Act the
powers of a tenant for life. and that land shall be subject to the settlement
in respect of which that person is registered as limited owner.
(3) In either of the cases specified in subsections (1) and (2), the estate of the
registered owner shall be subject to —
(a) any registered burdens affecting the estate;
(b) any other matters appearing from the register to affect the estate;
and
Section 20 Land Registration Act 1982


Page 18 AT 7 of 1982 c

(c) unless the contrary is expressed in the register, any Schedule 5
burdens affecting the estate, but shall be free from all other rights,
including rights of the Crown.
(4) If, on first registration, the registered owner holds the estate as trustee,
nothing in this section shall affect his duties and liabilities as such
trustee.
20 Effect of first registration of leasehold estate with good leasehold title

[NI/1970/18/21]
(1) On first registration of a person as full or limited owner of a leasehold
estate with a good leasehold title, the person so registered shall, save as
is otherwise provided by subsection (2), have the same estate as if he had
been registered as full or, as the case may be, limited owner of that
leasehold estate with an absolute title.
(2) The first registration of a person as full or limited owner of a leasehold
estate with a good leasehold title shall not prejudice or affect the
enforcement of any right adverse to, or in derogation of, the title of the
lessor to grant the lease.
21 Effect of first registration of leasehold estate with possessory title

[NI/1970/18/22]
(1) On first registration of a person as full or limited owner of a leasehold
estate with a possessory title, the person so registered shall, save as is
otherwise provided by subsection (2), have the same estate as if he had
been registered as full or, as the case may be, limited owner of that
leasehold estate with an absolute title.
(2) The first registration of a person as full or limited owner of a leasehold
estate with a possessory title shall not prejudice or affect the enforcement
of any right (whether in respect of the lessor’s title or otherwise) adverse
to, or in derogation of, the title of that person (or, in the case of a limited
owner, of that person and of any other person entitled under the
settlement in respect of which the first-mentioned person is registered as
limited owner) and subsisting or capable of arising at the time of first
registration.
22 Qualified title to leasehold estate

[NI/1970/18/23]
(1) If, on an application for first registration of any person as full or limited
owner of a leasehold estate, it appears to the Registrar that the title,
either of the lessor to the reversion or of the lessee to the leasehold estate
can be established only for a limited period, or only subject to certain
qualifications, the Registrar may, by an entry made on the register,
except from the effect of registration any estate —
Land Registration Act 1982 Section 23


c AT 7 of 1982 Page 19

(a) arising before a specified date; or
(b) arising under a specified document; or
(c) otherwise particularly described in the register,
and a title registered subject to any such exception shall be called a
“qualified title
”.19

(2) The first registration of a person as full or limited owner of a leasehold
estate with a qualified title shall have the same effect as first registration
with an absolute title or, as the case may be, with a good leasehold title,
save that first registration with a qualified title shall not prejudice or
affect the enforcement of any estate appearing from the register to be
excepted.
Compulsory first registration
23 Compulsory first registration

[NI/1970/18/24; N1992/7/10]
(1) The first registration of the ownership of any land shall be compulsory in
the cases specified in column 1 of Part I of Schedule 2.
(2) In any case where the first registration of any land is compulsory, the
effect of non-registration shall be as specified, in respect of that case, in
column 2 of Part I of Schedule 2.
(3) The provision of Part II of Schedule 2 shall apply for the purpose of
extending in certain cases, the period under Part I of that Schedule
within which an application must be made for registration.
(4) The provisions of Part III of Schedule 2 shall have effect for the purpose
of interpreting the provisions of Part I of that Schedule.
(5) Pending the registration of a leasehold estate the title to which is
required to be registered under subsection (1) and entry 4 in Part I of
Schedule 2, the estate shall, for the purposes of sections 67 and 68
(exemption from registration of deeds), be deemed to be registered land
as from the time when the lease is granted.20

24 Extension of compulsory registration

[NI/1970/18/25]
(1) The Treasury, may by order declare that any area specified in the order
shall be a compulsory registration area, for the purposes of entry 1 in
Part I of Schedule 2, from such day as may be specified in the order, not
being a day earlier than six months after the making of the order.21

(2) An order under subsection (1) shall not have effect until it has been
approved by Tynwald.
Section 25 Land Registration Act 1982


Page 20 AT 7 of 1982 c

24A First registration of land of public bodies

(1) The Council of Ministers may direct any body to which this section
applies to make an application for first registration of the body’s title to
any land, and for that purpose to supply the Registrar with such
evidence of and information concerning the land vested in or held or
occupied by the body as the Registrar may require.
(2) A direction under this section may be expressed to relate to any land or
to such land, or land of such a description, as may be specified in the
direction.
(3) It shall be the duty of a body to which this section applies to comply with
a direction under this section.
(4) This section applies to —
(a) a Department;
(b) a Statutory Board;
(c) the Manx Museum and National Trust;
(d) a local authority;
(e) a joint board (within the meaning of the Local Government Act
1985.)22

Reclassification of title
25 Reclassification of registered titles

[NI/1970/18/26]
The title to any registered land may be reclassified subject to and in accordance
with the provisions of Schedule 3.
Extinguishment of leasehold estates
26 Extinguishment of leasehold estates

[N/1992/7/13]
(1) Where a registered leasehold estate becomes merged in the freehold or in
a superior leasehold or has otherwise been extinguished, the Registrar
shall, on application in such manner and subject to such conditions as
may be prescribed, and on production of such evidence of the title as the
Registrar considers necessary —
(a) cancel the entry in the register relating to the estate which has
been so merged or extinguished;
(b) if a superior title has been acquired in circumstances where this
subsection applies but has not been registered, register that title in
the title register with such class of title as appears to the Registrar
to be appropriate; and
Land Registration Act 1982 Section 27


c AT 7 of 1982 Page 21

(c) where a superior title is registered, make such alterations in any
entry relating to the land in question in the title register as appear
to the Registrar to be appropriate.23

(2) Until the entry in the title register has been cancelled pursuant to
subsection (1)(a) and, where necessary, until the superior title has been
registered pursuant to subsection (1)(b) the owner of the superior estate
shall not, under the provisions of this Act, have any further or other title
to the land than he would have had if the leasehold estate had not been
merged or extinguished.24

Examination of title
27 Examination of title

[NI/1970/18/28]
Subject to the following provisions, where the examination of title is required
under this Act or is necessary to facilitate any registration, such examination
shall be conducted by such person and in such manner as may be prescribed —
(a) due notice shall be given, where the giving of such notice is
prescribed, and where notice is given, an opportunity shall be
afforded to any person desirous of objecting to submit his
objections to the Registrar;
(b) the Registrar shall have jurisdiction to hear and determine any
such objection;
(c) if the Registrar, on examination of any title, is of the opinion that
the title is,
notwithstanding a defect therein, a title the holding under which will not be
disturbed, he may in his discretion, register the title, or may require the
applicant to apply to the Land Commissioner, upon a statement signed by the
Registrar, for his sanction to the registration.25

28 Affidavit required before registration

[NI/1970/18/29]
(1) Before the completion of the registration of any person as owner of any
land in respect of which an examination of title is required, the applicant
for registration or his advocate shall, if so required by the Registrar,
make an affidavit that, to the best of his knowledge and belief —
(a) all deeds, wills and other documents of title affecting the title the
subject of the application;
(b) all incumbrances affecting such title; and
(c) all facts material to such title,
have been disclosed in the documentation lodged in connection with the
particular application.26

Section 29 Land Registration Act 1982


Page 22 AT 7 of 1982 c

(2) The Registrar may require any person making an affidavit in pursuance
of subsection (1) to state in his affidavit what means he has had of
becoming acquainted with the several matters referred to in that
subsection.
(3) Without prejudice to subsections (1) and (2), the Registrar may, if he is of
the opinion that any further or other evidence is necessary or desirable
before completing the registration, refuse to complete the registration
until such further or other evidence is provided.
28A Restrictions affecting land

(1) If the Registrar is satisfied, on an application for first registration of the
ownership of any land, that a covenant or condition which might be
registered as a Schedule 6 burden pursuant to entry 10 in Part I of that
Schedule does not run with the land or is not capable of being enforced
against the owner of the land, he may direct that no notice or entry of the
covenant or condition shall be entered on the title register.
(2) A direction under subsection (1) shall not be given except in pursuance
of an order of the Land Commissioner unless the covenant or condition
was imposed by or arose by virtue of an instrument made more than 80
years before the date of the direction.27

PART IV – DEALINGS WITH REGISTERED LAND

General provisions
29 Dealings with registered land

[NI/1970/18/31]
(1) Save as is otherwise provided by or under this Act or by any other
enactment, the registered owner of any land shall alone be entitled to
deal with that land by registered disposition.
(2) Except as provided by this subsection, nothing in this Act shall prevent a
person from creating any estate in any registered land as if that land had
been unregistered land; but —
(a) all estates in registered land shall be subject to the provisions of
this Act; and
(b) without prejudice to paragraph 1 of Part I of Schedule 7, a
mortgage or other deed of charge, in whatever form expressed
shall, in so far as it relates to registered land, operate only to
create a charge and not to vest any freehold or leasehold estate
(whether or not subject to defeasance) in the land in the person in
whose favour the mortgage or other deed of charge is created.
Land Registration Act 1982 Section 30


c AT 7 of 1982 Page 23

30 Powers of person entitled to be registered

[NI/1970/18/33]
(1) Where a person who has become entitled to be registered as owner of
any registered land, either on transmission on the death of a registered
owner or in consequence of a disposition by a registered owner, wishes
to deal with the land, he may, subject to subsections (2) and (3), do so in
such manner and subject to such conditions as may be prescribed.
(2) Any dealing by a person entitled to be so registered shall, subject to such
modifications as may be necessary to define clearly the land, be in the
same form as is required for such a dealing by a registered owner, but
registration of any such dealing shall not be made until the person
executing the document has been registered as owner, or until his right
to be so registered has been shown to the satisfaction of the Registrar.
(3) Subject to the provisions of this Act with regard to registered dealings for
valuable consideration, registration of a dealing by a person entitled to
be so registered before he is registered shall have the same effect as if he
had been so registered.
31 Transfer of registered land

[NI/1970/18/34]
(1) Save as is otherwise provided by or under this Act and subject, in the
case of a limited owner, to the Settled Land Act, a registered owner of
any land may transfer the land, or any part thereof.
(2) There shall be executed on any such transfer a document in the
prescribed form.
(3) Any such transfer shall be completed by the registration of the transferee
as owner of the land, but until such registration, the document shall not
operate to transfer the land.
(4) On registration of a transferee of any land as full owner of the land, the
document of transfer shall operate as a conveyance by deed and there
shall be vested in the registered transferee the land transferred, subject —
(a) to all registered burdens and to all other matters appearing from
the register to affect the land;
(b) unless the contrary is expressed in the register, to any Schedule 5
burdens affecting the land;
(c) if the transfer is made without valuable consideration, to
subsection (5); and
(d) if the transferee holds the land as a trustee, to his liabilities and
duties as such, but free from all other rights, including rights of
the Crown.
(5) Where such a transfer is made without valuable consideration, it shall, so
far as concerns the transferee and persons claiming under him otherwise
Section 32 Land Registration Act 1982


Page 24 AT 7 of 1982 c

than for valuable consideration be subject to all unregistered rights
subject to which the transferor held the land transferred.
(6) The registration of a transferee as limited owner of any land shall have
the same effect as registration of him as a full owner thereof, except
that —
(a) in the case of a transfer of a freehold estate, the fee simple; and
(b) in the case of a transfer of a leasehold estate, the leasehold estate,
shall be vested in the transferee and the other persons entitled under the
settlement in respect of which the transferee is registered as limited
owner.
(7) [Repealed]28

(8) Land Registry Rules may provide for the modification of the provisions
of this section in its application to the transfer of charges.
32 Words of transfer

[NI/1970/18/35]
Subject to section 31(3) —
(a) a document of transfer of a registered freehold estate without
words of limitation shall be construed as passing the fee simple,
or other the whole estate which the transferor had power to
transfer, unless a contrary intention appears in the document of
transfer;
(b) a document of transfer of a registered freehold estate to a
corporation sole by his corporate designation without the word
“successors” shall be construed as passing the fee simple, or other
the whole estate which the transferor had power to transfer,
unless a contrary intention appears in the document of transfer;
(c) in a document of transfer of any registered land, a resulting use or
trust for the transferor shall not be implied merely by reason that
the property is not expressed to be transferred to the use or
benefit of the transferee; and
(d) a registered owner of a freehold estate may transfer estates therein
to several persons in succession, including himself, and co-
registered owners of a freehold estate may transfer estates therein
to themselves, without the necessity of the creation of a trust for
that purpose.
33 Defeasance of registered owner’s estate

[NI/1970/18/36]
(1) In any of the following cases of defeasance of the estate of a registered
owner, that is to say, —
(a) under a sale in execution of the judgment of any court;
Land Registration Act 1982 Section 34


c AT 7 of 1982 Page 25

(b) under a power of appointment;
(c) under a vesting order;
(d) under a deed executed pursuant to any provision of the
Acquisition of Land Act 1984 or any other enactment to the like
effect;29

(e) pursuant to an order under paragraph (a) of section 53 of the
Trustee Act 1961;
(f) pursuant to an order under section 4 of the Partition Act 1931;
(g) under any other enactment;
(h) in any other case which may be prescribed;
the ownership of the estate passes to another person otherwise than by
transfer from the registered owner or his personal representatives, then,
subject as may be prescribed and subject to subsections (2) and (3), the
Registrar shall, on the application of that person and on production of
such evidence as may be prescribed, register him as owner of the estate.30

(2) Where it appears to the Registrar that the application may have been
made without the knowledge of the registered owner, the Registrar may,
before registering the applicant as owner of the estate, send notice of the
application to the registered owner.31

(3) The Registrar may, if he thinks fit, decline to register the applicant as
owner except in pursuance of an order of the Land Commissioner.32

34 Transmission of registered land

[NI/1970/18/37]
The provisions of Schedule 4 shall have effect in relation to the transmission of
registered land on the death of a registered full owner and on the determination
of the estate of a registered limited owner.
Burdens generally
35 Matters which are burdens affecting registered land without

registration

[NI/1970/18/38]
(1) Notice of the existence of any of the burdens specified in Part I of
Schedule 5, as for the time being subsist, may, subject to such conditions
as may be prescribed, be entered on the title register, but every such
burden shall, unless under the provisions of Part II of that Schedule the
contrary is expressed on that register, affect the land whether or not such
notice is so entered.33

(2) The provisions of Part II of Schedule 5 shall apply in relation to Schedule
5 burdens.
Section 36 Land Registration Act 1982


Page 26 AT 7 of 1982 c

36 Registration of certain burdens

[NI/1970/18/39]
(1) Any of the matters specified in Part I of Schedule 6 may be entered as
burdens on the title register.34

(2) The provisions of Part II of Schedule 6 shall apply in relation to the
registration of Schedule 6 burdens.
37 Priority of registered burdens

[NI/1970/18/40]
Save as otherwise provided by this Act or by any other enactment and subject to
any entry to the contrary contained in the title register, registered burdens
affecting the same land shall, if created or arising since the first registration of
the land, rank according to the order in which they are entered on the register
and shall rank in priority to any other burden (not being a Schedule 5 burden)
affecting the land and created or arising since the first registration of the land.35

Money burdens
38 Creation and effect of charges on registered land

[NI/1970/18/41]
(1) A registered owner of land may, subject to the provisions of this Act,
charge the land with the payment of money either with or without
interest, and either by way of annuity or otherwise.
(2) A charge under subsection (1) may be created by deed or by will and,
subject to subsection (3), the Registrar shall, on registering such a charge
as a burden, register the ownership of that charge in the title register.36

(3) Where a charge created by will does not expressly charge any registered
land with payment to a specified person of a specified sum, with or
without interest, or of an annuity, the Registrar shall not, unless the Land
Commissioner otherwise directs, be obliged to register the ownership of
that charge in the title register.37

(4) Any power, howsoever conferred, to borrow or lend money on the
security of a mortgage shall be construed as including power to do so on
the security of a registered charge.
(5) Part I of Schedule 7 shall apply in relation to the registration and effect of
charges created by registered full owners of land and registered limited
owners of land and by persons having the like power to create such
charges.
(6) Part II of Schedule 7 shall apply in relation to the creation and effect of
charges by registered limited owners of land acting in conjunction with
all other persons entitled under the settlement.
Land Registration Act 1982 Section 39


c AT 7 of 1982 Page 27

39 Exercise of power of charging registered land

[NI/1970/18/42]
(1) Where —
(a) a power to charge registered land; or
(b) a trust for securing money on registered land,
is registered as a Schedule 6 burden, it may be exercised or executed by
the creation of a charge and not otherwise, and the person empowered
under any such power or trust to charge the registered land with the
payment of any money shall have the like power to create a charge on
the land for that money as the registered owner of that land, and the
charge shall, subject to subsection (2), be entered on the title register in its
proper priority.38

(2) In the absence of any agreement to the contrary made by the persons
entitled to make such agreement, a charge created under a registered
power shall be entered on the register as of the same priority as that
power.
40 Priority of registered charge for future advances

[NI/1970/18/43; N1992/7/22]
(1) Where —
(a) a deed or other instrument creating a registered charge states that
the charge is created for the purpose of securing future advances
(whether with or without present advances), and
(b) the entry in the title register relating to the charge —
(i) contains a statement similar to that in paragraph (a); or
(ii) otherwise refers to money secured by the charge without
specifying the amount secured,
the registered owner of the charge shall be entitled in priority to any
subsequent charge to the payment of any sum due to him in respect of
such future advances, except any advances which may have been made
after the date of, and with express notice in writing of, the subsequent
charge.39

(2) Where the registered owner of a charge is under an obligation, noted on
the register, to make any future advances, a subsequent registered charge
shall take effect subject to any advance made pursuant to that obligation.
(3) In this section “future advances” includes sums from time to time due on
an account current and all sums which by agreement or the course of
business between the parties are considered to be advances on the
security of the charge.
Section 41 Land Registration Act 1982


Page 28 AT 7 of 1982 c

41 Term of years vested in trustee for raising money out of registered land

[NI/1970/18/45]
Where a term of years is vested, whether before or after the commencement of
this Act, in a trustee or other person for the purpose of raising money out of
registered land, such vesting shall operate as a trust for securing money on such
registered land or, as the case may be, as a power to charge that registered land
and, accordingly, the trust or power may be registered as a Schedule 6 burden.
42 Term of years vested in trustee for raising money etc prior to first

registration

[NI/1970/18/46]
(1) Where, prior to the first registration of any land, a term of years is vested
in a trustee or other person for the purpose of raising money out of that
land, such vesting shall, on the first registration of the land, operate as a
trust for securing money on that land or, as the case may be, as a power
to charge that land and, accordingly, the trust or power may be
registered as a Schedule 6 burden.
(2) Where, immediately prior to first registration, any land is subject to any
mortgage, or to any term of years to secure money actually raised, the
mortgage or term of years shall operate as a charge on the land, and shall
be registered as a charge thereon and not otherwise, and the provisions
of Part I of Schedule 7 shall have effect accordingly.
Modification and discharge of burdens
43 Modification and discharge of burdens other than charges

[NI/1970/18/48]
(1) A covenant or condition registered as a Schedule 6 burden pursuant to
entry 10 in Part I of that Schedule may be modified or discharged —
(a) by the Registrar or the Land Commissioner, with the consent of
the persons concerned; or
(b) by the Land Commissioner, on being satisfied that —
(i) the covenant or condition does not run with the land or is
not capable of being enforced against the owner of the
land; or
(ii) the modification or discharge of the covenant or condition
will be beneficial to the persons principally interested in
the enforcement thereof; or
(c) by the Registrar, on being satisfied as mentioned in
paragraph (b)(i) in the case of a covenant or condition imposed by
or arising by virtue of an instrument made more than 80 years
before the date of the modification or discharge.40

Land Registration Act 1982 Section 44


c AT 7 of 1982 Page 29

(2) The Registrar may, on the production of such evidence and subject to
such conditions as may be prescribed, modify or cancel any entry in the
title register of any burden, being neither a charge nor a covenant or
condition to which subsection (1) applies.41

44 Discharge etc of registered charges

[NI/1970/18/49]
(1) The Registrar shall —
(a) at the request or with the concurrence of the registered owner of
the charge; or
(b) on proof in the manner specified in subsection (2) or in such other
manner as may be prescribed,
note on the title register —
(i) the satisfaction of a registered charge or of any part
thereof;
(ii) the release of any part of registered land from a registered
charge;
and, thereupon, the charge shall, to the extent so noted, cease to
operate.42

(2) For the purposes of subsection (1), the receipt of the registered owner of
a charge shall be sufficient proof of the satisfaction of the charge or, as
the case may be, of the part thereof, and a release signed by the
registered owner of a charge, or, where the registered owner is a body
corporate, executed as a deed by the body corporate, shall be sufficient
proof of the release of any part of registered land subject to that charge.43

(3) Where a dispute or difficulty arises as to —
(a) the person entitled to receive payment of any sum secured by a
registered charge or to give a receipt or release therefor, or
(b) any matter arising out of or in connection with such a receipt or
release,
any person entitled to or interested in the land or the charge may apply
to the High Court for an order that a note be made under subsection (1)
on the title register.44

(4) On an application under subsection (3) the High Court may make such
order as it thinks fit (including an order that such a note be made after
payment into court of the sum or part of the sum secured by the
charge).45

Section 45 Land Registration Act 1982


Page 30 AT 7 of 1982 c

Executions
45 Executions affecting registered land

[NI/1970/18/51]
Schedule 2 to the Administration of Justice Act 1981 has effect in relation to
registered land as it has effect in relation to unregistered land.
PART V – GENERAL PROVISIONS AS TO REGISTRATION

46 Entry of rights appurtenant to land

[NI/1970/18/51]
Where, on an application by the registered owner or other person entitled, the
title to any right, privilege or appurtenance belonging, appurtenant or attached
to any registered land is proved to the satisfaction of the Registrar, he shall
make an entry in the title register showing the existence of such right, privilege
or appurtenance.
47 [Repealed]
46

48 Acquisition of title by possession

[NI/1970/18/53]
(1) Subject to the provisions of this section, the Limitation Act 1984 shall
apply to registered land as it applies to unregistered land.47

(2) Where there has been a defeasance of an estate in any registered land in
consequence of any of the provisions of the said Act and —
(a) a person claims to have acquired a right by possession to be
registered as owner of an estate in that land; or
(b) the personal representatives of a deceased person claim that the
deceased or such representatives in right of the estate of the
deceased had acquired such a right, the person so claiming or, as
the case may be, the personal representatives may apply to the
Registrar,
in such manner as may be prescribed, for registration of the title to that
estate.48

(3) Without prejudice to section 6(2), the Registrar may, and shall if
requested to do so by the applicant or by any other person who has
lodged an objection to the application, refer the application for decision
to the Land Commissioner.
(4) On any application under this section, where the Registrar or, as the case
may be, the Land Commissioner decides that a title has been acquired by
the applicant or, where the application is made by the personal
Land Registration Act 1982 Section 49


c AT 7 of 1982 Page 31

representative of a deceased person, by the deceased or by such
representatives in right of the estate of the deceased, the registration of
that title shall be effected in such manner as the Registrar may think
proper, but not so as to prejudice any estate of any other person in the
land to which the application relates, being an estate which is not
extinguished by the operation of the said Act.49

49 Notice of trusts

[NI/1970/18/54]
(1) Save as is expressly provided by this Act, notice of a trust shall not be
entered on the title register.50

(2) None of the following persons shall, by reason merely of the receipt by
the Registrar of a document for the purpose of registration, be affected by
notice of any trust contained in, or arising out of matters contained in
such document —
(a) the Registrar;
(b) a registered transferee for valuable consideration of the land;
(c) a registered owner of a burden for valuable consideration on the
land;
(d) a person claiming an estate created for valuable consideration in a
registered burden on the land.
(3) In this section, “trust” includes express, implied and constructive trusts.
50 Undivided shares and co-owners

[NI/1970/18/55]
(1) The owner of any shares in any land shall, for the purpose of showing
the share which he holds in the land, be registered with the addition of
such entries in the title register as may be prescribed.51

(2) Two or more persons may, in such manner and subject to such
conditions as may be prescribed, be registered as owners of the same
land, and, where two or more persons are so registered, they shall be
deemed to be tenants in common in equal shares unless there is any
entry to the contrary in the title register.52

(3) On the registration of two or more persons as owners of the same land,
an entry may, with their consent, be made on the title register to the
effect that, when the numbers of those owners is reduced below a certain
specified number, a disposition of the land shall not be registered except
under an order of the Land Commissioner, or of the Registrar made after
due examination of the title.53

(4) On the registration of two or more persons as owners of the same land, if
the Registrar decides that any number of those owners less than the
Section 51 Land Registration Act 1982


Page 32 AT 7 of 1982 c

whole is entitled to make a registered disposition of the land, he shall
make an entry on the title register to that effect, and, notwithstanding
anything contained in this section, that number of those owners shall
have power to make a registered disposition of the land without an order
of the Land Commissioner or Registrar.54

51 Special provisions applicable to settled land

[NI/1970/18/56]
The provisions of Schedule 8 shall apply to settlements affecting any registered
land.
52 Power to apply to Land Commissioner for directions

[NI/1970/18/57]
(1) Where a trustee or other person acting in a fiduciary capacity is in doubt
as to the person who ought to be registered pursuant to this Act, or as to
any other matter with respect to which he is required or authorised to act
by or under this Act, he may apply to the Land Commissioner for
directions.
(2) The costs properly incurred by a trustee or other person acting in a
fiduciary capacity (including a limited owner exercising powers
conferred on him by or under the Settled Land Act or this Act) in, or in
connection with, any proceedings or application required or authorised
by or under this Act shall be costs properly incurred by him in the
execution of his trust or duty, and may, in the case of a proceeding
before, or an application to, the Registrar be ascertained and decided by
the Registrar.
53 Provisions as to incumbrances created or issued by a body corporate

which are not registered or protected

[NI/1970/18/58]
Where a body corporate incorporated under any enactment is registered under
this Act as owner of any registered land, the Registrar shall not be concerned
with, and a person claiming under a registered dealing for valuable
consideration shall not be affected by, any mortgage, charge, debenture,
debenture stock, trust deed or other incumbrance created or issued by the body
corporate, whether or not registered or recorded under any other enactment,
unless such incumbrance is registered as a burden or is protected by the entry in
the title register of a caution, an inhibition or a notice.55

54 Effect of bankruptcy etc of registered owners

[NI/1970/18/59]
(1) If a petition of bankruptcy is presented by or against, or a petition is
presented under section 82 of the Bankruptcy Code 1892 in respect of a
Land Registration Act 1982 Section 54


c AT 7 of 1982 Page 33

deed of arrangement relating to, the registered owner of any land, notice
of the presenting of the petition shall thereupon be entered on the title
register.56

(2) Where notice of the presenting of a petition has been entered on the title
register under subsection (1) and the registered owner is adjudicated a
bankrupt, section 32 of the said Code (which relates to the protection of
bona fide transactions without notice) shall, in its application to
registered dealings with the land, have effect as if the date of the entry of
the notice were substituted for the date of the filing of the petition.57

(3) From and after the entry of a notice of the presenting of a petition on the
title register under subsection (1) (but without prejudice to dealings with
or in right of estates superior to the estate of the owner in respect of
whose land the notice has been entered), a dealing affecting the land of
such registered owner shall not, unless and until the entry is cancelled
pursuant to subsection (4) or (6), be entered on the register without the
leave of the Land Commissioner.58

(4) Where notice of the presenting of a petition has been entered in the title
register under subsection (1) and —
(a) the petition is afterwards dismissed; or
(b) the registered owner is adjudicated a bankrupt and the
adjudication is afterwards annulled,
the Registrar shall thereupon cancel any entry made under
subsection (1).59

(5) If a registered owner of any land is adjudicated a bankrupt or has had
the appointment of trustees under a deed of arrangement confirmed by
the court under section 82 of the said Code and the land thereby becomes
vested in assignees or trustees for the benefit of creditors of the
registered owner, the assignees or trustees under the bankruptcy or, as
the case may be, the arrangement shall be entitled to be registered as
owners of the land in the place of the bankrupt or, as the case may be, the
arranging debtor, or, in the case of settled land, as his assignees.
(6) On the registration of any assignees or trustees under subsection (5), the
Registrar shall cancel any entry on the title register made under
subsection (1).60

(7) The provisions of this section shall apply, with any necessary
modifications, to a petition for the administration in bankruptcy of the
estate of a person dying insolvent and to an order for the administration
of such an estate as it applies to a petition of bankruptcy and to an
adjudication of bankruptcy.
Section 55 Land Registration Act 1982


Page 34 AT 7 of 1982 c

55 Minors

(1) Where a person who would, apart from this section and section 49 of the
Settled Land Act, be entitled to be registered as owner of any land is a
minor, he shall not be registered as owner but his interest shall be noted
in the title register in such manner as may be prescribed.61

(2) Where the interest of a minor is noted in the title register pursuant to
subsection (1), he may on ceasing to be a minor apply, in such manner as
may be prescribed, to be registered as owner of the land.62

(3) Without prejudice to section 6(3), a minor may, for all or any of the
purposes of this Act, be represented by such person as may be prescribed
or by such person as the Land Commissioner may appoint; and
section 6(4) applies to a minor represented under this subsection as it
applies to a person represented under section 6(3).
56 Persons suffering from mental disorder

[P1925/21/111(5) and (6)]
(1) Where the owner of any registered land is incapable, by reason of mental
disorder within the meaning of the Mental Health Act 1998, of managing
and administering his property and affairs, his receiver or (if no receiver
is acting for him) any person authorised in that behalf, may, under an
order of a Deemster having jurisdiction under Part VII of that Act, or of
the Land Commissioner, or under any statutory power, exercise, in the
name and behalf of the owner, all the powers which the owner could
have exercised under this Act if free from disability; and a copy of every
such order shall be filed with the Registrar and may be referred to in the
title register.63

(2) All the provisions of the Trustee Act 1961 and of Part 7 of the said Act of
1998 shall apply to registered land to which subsection (1) above applies,
subject to the express provisions of this Act and to Land Registry Rules.64

PART VI – MAPS AND BOUNDARIES

57 The Registry map

[N1992/7/28]
(1) There shall be maintained by or on behalf of the Registrar a series of
maps (in this Act referred to as “the registry map
”), based on —
(a) maps prepared pursuant to the Isle of Man Survey Act 1992; or
(b) where no suitable maps so prepared exist, Ordnance Survey
maps.
Land Registration Act 1982 Section 58


c AT 7 of 1982 Page 35

(2) On the registry map there shall be marked or defined, in such manner as
may be prescribed, the land the title to which has been registered under
this Act.
(3) The Registry map shall be open to public inspection during the hours
referred to in section 73(1).65

58 Description of registered land

(1) Registered land may be described in the title register —
(a) by means of a verbal description and a reference to the registry
map;
(b) by means of a verbal description and a filed plan, based on a map
of a kind specified in section 57(1); or
(c) in such other manner as, in the opinion of the Registrar, secures
accuracy.
(2) The description of land in the title register need not include its area.66

59 Effect of description of registered land

[NI/1970/18/64]
(1) Except as provided by this Act, the description of any land in the title
register shall not be conclusive as to the boundaries or extent of the
land.67

(2) The Registrar may at any time, on the application of the registered
owners of adjoining registered lands or of the registered owner of any
registered land and of the owner of any adjoining unregistered land, and
on the prescribed conditions being complied with, settle and enter on the
title register as conclusive the boundaries between those lands or any
part thereof, with such alterations, if any, as may from time to time be
agreed upon.68

(3) For the purposes of subsection (2), an entry in the title register made
pursuant to an application under that subsection shall be conclusive only
as between the parties to the application and their respective successors
in title, and shall not operate to confirm the title to the lands the
boundaries whereof are settled.69

(4) On the transfer of part of any registered land, the Registrar, on the
prescribed conditions being complied with may enter on the title register
as conclusive the boundaries between the part transferred and the part
not transferred.70

(5) If, on the transfer of any registered land, any question arises as to the
boundaries or extent of the land, the Registrar shall, on the application of
the transferor or of the transferee, have jurisdiction to decide the
question as between them, and, for that purpose, the Registrar may, if he
Section 60 Land Registration Act 1982


Page 36 AT 7 of 1982 c

thinks fit, adopt the decision of any person agreed on by them or
appointed by him.
PART VII – CAUTIONS, INHIBITIONS AND RESTRICTIONS

60 Cautions against first registration

[NI/1970/18/65]
(1) Any person claiming —
(a) such an interest in unregistered land as entitles him to object to a
dealing therewith being made without his consent; or
(b) to be an incumbrancer on unregistered land;
may —
(i) if he claims otherwise than under a document registered
under the 1961 Act; or71

(ii) if he claims under a document registered under the 1961
Act but satisfies the Registrar that such registration does
not adequately protect that person’s interest;72

on producing an affidavit in such form as may be prescribed of his
interest, lodge a caution with the Registrar to the effect that the cautioner
is entitled to notice of any application that may be made for registration
of an owner of the land.
(2) Upon the lodgement of a caution under subsection (1), application for
first registration shall not be determined until notice has been served on
the cautioner to appear and oppose, if he thinks fit, the
registration, and —
(a) such time as may be prescribed has elapsed since the date of the
service of the notice; or
(b) the cautioner has entered an appearance,
whichever first happens.
(3) If any person lodges a caution under this section without reasonable
cause, he shall be liable to make compensation, recoverable as a simple
contract debt, to any person damaged thereby.
61 Cautions against registered dispositions

[NI/1970/18/66]
(1) Any person interested in any registered land and any such other person
as may be prescribed, may, on producing an affidavit in such form as
may be prescribed specifying his estate in the land, lodge a caution with
the Registrar to the effect that no dealing with the land on the part of the
Land Registration Act 1982 Section 62


c AT 7 of 1982 Page 37

registered owner should be registered until notice has been served on the
cautioner.
(2) Schedule 9 shall have effect in relation to cautions under subsection (l)
above and to the other matters mentioned in that Schedule.
(3) Land Registry Rules may provide for the application, subject to such
modifications as may be prescribed, of the provisions of subsections (1)
and (2) and of Schedule 9 to cautions against reclassification of any
registered land.
62 Inhibitions of registered dealings

[NI/1970/18/67]
(1) The Registrar or the Land Commissioner may —
(a) on the application of any person interested in any registered land;
and
(b) after receiving the consent of the persons concerned or after
directing such inquiries if any, to be made and such notices to be
given, and upon hearing such persons, as he may think fit,
make an entry, or, as the case may be, order the Registrar to make an
entry, inhibiting —
(i) for a specified time; or
(ii) until the occurrence of an event to be named; or
(iii) except with the consent of, or after notice to, some
specified person; or
(iv) generally until further entry or, as the case may be, further
order;
any dealing with the land.
(2) The Registrar or the Land Commissioner may —
(a) annex to any such entry such terms and conditions as he may
think fit;
(b) discharge any such order or cancel any such entry;
(c) generally exercise such powers as he may think fit, but, except as
provided by subsection (4), nothing in this subsection shall
empower the Registrar to discharge an entry made pursuant to an
order of the Land Commissioner unless the order has authorised
him to do so.
(3) Nothing in this section shall authorise any restrictions to be imposed on
the powers under the Settled Land Act of a tenant for life or a person
having the power of a tenant for life.
(4) Any entry made pursuant to this section may be withdrawn or modified
at the request or with the agreement of all the persons for the time being
Section 63 Land Registration Act 1982


Page 38 AT 7 of 1982 c

appearing from the register to be interested therein or of such other
persons as may be prescribed.
63 Inhibitions in consequence of discovery of error

[NI/1970/18/68]
(1) Whenever it appears to the Registrar that any error which may be
capable of rectification has been made in registration, he may enter on
the title register such inhibitions against dealings with the land affected
by such error as he may think fit for the purpose of protecting the
General Revenue against any claim for compensation in respect of any
loss occasioned by any registration made after such error is discovered
and before it is rectified and of giving notice to all persons who may
thereafter be affected thereby.73

(2) An inhibition entered on the title register pursuant to this section
shall not —
(a) affect any registration which is actually pending in the Land
Registry; or
(b) prevent the completion of any such registration.74

(3) Whenever the Registrar enters an inhibition on the title register pursuant
to this section, he shall send notice of such inhibition, and short
particulars of the error because of which it was entered, to —
(a) all persons who appear from that register to be affected by such
error; and
(b) such other persons, if any, as he may think proper.75

64 Restrictions

Where it appears to the Registrar that the registered owner of any land is, by
any enactment or rule of law, precluded from conveying or creating any estate
in the land, either generally or in any particular case, —
(a) without the consent of Tynwald, or of a court of competent
jurisdiction, or of any public authority or other person or body; or
(b) without complying with the requirements of an enactment;
the Registrar shall, after giving such notices as may be prescribed, make an
entry on the register in the prescribed form, or in such other form as appears to
him to be appropriate in the circumstances of the case.
Land Registration Act 1982 Section 65


c AT 7 of 1982 Page 39

PART VIII - RECTIFICATION AND INDEMNITY

65 Rectification of errors

[NI/1970/18/69]
(1) Subject to subsection (3), where any error (whether of misstatement,
misdescription, omission or otherwise) occurs in the title register, the
Land Commissioner, upon such application and in such manner as may
be prescribed and after such notices, if any, as he may direct, may order
such error to be rectified upon such terms as to costs or otherwise as he
may think fit.76

(2) Where an incorrect entry in, or omission from the register is of a formal
or trivial nature, the Registrar may, after making such enquiries (if any)
and serving such notices (if any) as he considers necessary, rectify the
register.77

(2A) The Registrar may in his discretion, after making such enquiries (if any),
serving such notices (if any) and obtaining such consents (if any) as he
considers necessary, amend any mistake in, or omission from, any
document presented to the Land Registry, if in his opinion the mistake or
omission is of a clerical nature.78

(2B) The Registrar may, after making such enquiries (if any) and serving such
notices (if any) as he considers necessary, order the rectification of the
register where all persons interested —
(a) consent to the rectification, or
(b) do not, within such time as may be prescribed after being served
with notice of the Registrar’s intention to order the rectification,
notify the Registrar in writing that they object to the proposed
rectification.79

(2C) Where the Registrar exercises the power conferred by subsection (2) or
(2B) he may make such order as to the costs of rectification as the persons
interested may in writing agree.80

(3) The title register shall not be rectified under subsection (1) to affect the
title of a registered owner, unless such rectification can be made without
loss or damage to any person claiming for valuable consideration and in
good faith through such registered owner and unless —
(a) the registered owner or, as the case may be, a person claiming as
aforesaid through the registered owner or anyone acting on behalf
of either has, by fraud or lack of proper care on his part, been in
any way responsible for, or has contributed to, the error; or
(b) in the case of an error made before such registered owner was so
registered, he was in fact, aware of the error at the time of his
registration as owner; or
Section 66 Land Registration Act 1982


Page 40 AT 7 of 1982 c

(c) in the case of an error made after such registered owner was so
registered, he or an advocate acting on his behalf became aware of
the error at a time when the error was capable of being rectified
without causing loss or damage to any person except the expense
of such rectification; or
(d) the immediate disposition to such registered owner, or the
disposition to any person through whom he claims otherwise
than for valuable consideration, was void; or
(e) such registered owner acquired the land otherwise than for
valuable consideration and rectification of the error could have
been made against the person through whom he claims if such
person had been the registered owner; or
(f) the registered owner consents to rectification;
but so that this subsection shall —
(i) limit the power of the Land Commissioner to rectify the
title register only where the registered owner of the land is
in possession thereof; and81

(ii) not limit the power of the Land Commissioner to rectify
the title register in any particular case if he is satisfied that
it would be unjust not to rectify the title register against the
registered owner.82

(4) The provisions of subsections (1) and (3) shall extend, with any necessary
modifications, to the rectification of the title register by order of a court
of competent jurisdiction, exercising any jurisdiction based on the
ground of fraud or mistake, in like manner as those subsections apply to
the rectification of errors by order of the Land Commissioner.83

66 Claims for compensation

[NI/1970/18/71]
(1) Claims for compensation for any loss arising from any matter specified
in paragraph 1(1) of Schedule 10, may be made in accordance with the
provisions of that Schedule.
(2) Where any such claim for compensation is allowed, it shall be paid out of
the General Revenue.
(3) Subject to subsections (3A), (3B) and (3C), where any such compensation
is paid by the Treasury, the Treasury shall be entitled to recover the
amount so paid from all or any of the following persons —
(a) any person who caused or substantially contributed to the loss in
question;
(b) any person who has, directly or indirectly, derived title or any
other advantage —
(i) from such a person as is mentioned in paragraph (a), or
Land Registration Act 1982 Section 67


c AT 7 of 1982 Page 41

(ii) by reason of an error or omission giving rise to the loss;
and, without prejudice to the generality of the foregoing provision, the
Treasury may enforce any express or implied covenant or other right
which the person receiving the compensation would have been entitled
to enforce in relation to the matter in respect of which the compensation
is paid.84

(3A) A person shall not be treated for the purposes of subsection (3)(a) or
(b)(i) or Schedule 10 as having caused or substantially contributed to a
loss unless he has done so by his fraud or lack of proper care; and where
a person substantially contributed to the loss (but did not cause it
completely), the amount recoverable under subsection (3) from him or
from any person who has derived title or other advantage from him shall
be such amount as is just.85

(3B) The Treasury is not entitled under subsection (3) to recover any amount
from a person by reason only of his derivation of title or advantage as is
mentioned in subsection (3)(b) where that person has derived the title or
other advantage for valuable consideration and he has not caused or
contributed to the loss by fraud.86

(3C) There the Treasury is entitled to recover an amount under
subsection (3)(b) from a person who did not cause or substantially
contribute to the loss, that amount shall not exceed the value,
immediately before the Treasury gives notice to that person of its
intention to recover an amount from him under subsection (3), of the
advantage obtained by him.87

(4) Any moneys recoverable by the Treasury under subsection (3) —
(a) shall be recoverable as a debt to the Treasury; or88

(b) if not so recovered, may be recovered by deduction from any sum
payable out of money provided by Tynwald to the person from
whom the amount is due, and that sum shall be abated
accordingly.89

PART IX – MISCELLANEOUS PROVISIONS

67 Exemption from registration under 1961 Act

[NI/1970/18/72]
(1) The registration under this Act of the ownership of any estate in land
shall, on and after the date of registration, exempt that estate, and, if a
person is registered as limited owner thereof, any estate expectant on the
determination of his ownership, from the provisions of the Registration of
Deeds Act 1961, and subject to subsection (2), a document relating to any
such estate and executed or coming into operation after that date shall
Section 68 Land Registration Act 1982


Page 42 AT 7 of 1982 c

not, unless it also relates to unregistered land, be registrable under the
1961 Act.90

(2) The registration under this Act of the ownership of any estate in land
shall not have the effect of exempting from registration under the 1961
Act any document relating to the title to any other estate in the land
(other than a deed creating such estate), unless the title to such other
estate is otherwise required to be registered or is registered under this
Act.91

(3) Where any freehold estate, or any leasehold estate created by a lease
granted out of unregistered land, is first registered under this Act, a
notice of the registration, in such form as may be prescribed, shall be
recorded by the Registrar in accordance with the 1961 Act, without the
payment of any fee for doing so.92

68 Exemption from registration in the General Registry of documents

relating to burdens

[NI/1970/18/73]
(1) Subject to subsection (2), registration of a burden under this Act shall
have the same effect as, and make unnecessary registration in the
General Registry in pursuance of any other enactment of any document
relating to such burden.
(2) Subsection (l) does not apply to the registration of a charge, or of
property acquired subject to a charge, in accordance with Part III of the
Companies Act 193l.
69 Execution of documents containing reservations

[NI/1970/18/74]
(1) In any document relating exclusively to registered land, a reservation of
an estate shall operate at law without —
(a) any execution of the document by the grantee of the estate out of
which the reservation is made; or
(b) any regrant by such grantee of the estate so reserved;
so as to create the estate so reserved and so as to vest the same in
possession in the person (whether or not he is the grantor) for whom the
benefit of the reservation is made.
(2) For the purposes of subsection (1), a conveyance of an estate expressed to
be made subject to another estate not in existence immediately before the
date of the conveyance, shall operate as a reservation, unless a contrary
intention appears.
Land Registration Act 1982 Section 70


c AT 7 of 1982 Page 43

70 Avoidance of stipulations in documents precluding registration of title

[NI/1970/18/75]
Any stipulation in any document relating to any estate in land capable of
registration under this Act whereby any person is precluded from making an
application to register his title to that estate shall be void.
71 Avoidance of certain stipulations in contracts for transfer of or charge

on registered land

[NI/1970/18/76]
Any stipulation in a contract for the transfer or charge of any registered land
whereby any party to the contract is precluded from making requisitions as to
burdens generally, or as to any particular Schedule 5 burden, which may affect
the land shall be void.
72 Certified copies of entries in registers

[NI/1970/18/79; N1992/7/33]
(1) Land Registry Rules shall provide for the preparation and issue of office
copies, authenticated in such manner as may be prescribed, of —
(a) any entries in the title register; and
(b) any document retained in the Land Registry in connection with an
application for registration under this Act or a registration under
this Act.93

(2) Land Registry Rules may provide generally for matters relating to the
office copies referred to in subsection (1) and, in particular, may —
(a) specify the evidential value, in any proceedings before the Land
Commissioner or in any court, of the contents of any such copy;
(b) provide for the endorsement or rectification of such copies;
(c) specify the circumstances in which a new office copy may be
issued, and provide for the issue of such new copies.
73 Searches

[NI/1970/18/81]
(1) The title register and any document referred to in section 72(1)(b) shall be
available for public inspection during the hours when the General
Registry remains open for the transaction of public business and, subject
to Land Registry Rules, any person may search in the register or inspect
the document, and shall be entitled, on making application to the
Registrar in the prescribed form, to receive copies of or extracts from so
much of the register or relevant document as relates to the land specified
in the application.94

(2) Land Registry Rules may provide for applications to the Registrar for
official searches in the title register, for the carrying out of such searches,
Section 74 Land Registration Act 1982


Page 44 AT 7 of 1982 c

for the provision of information by certificate or otherwise regarding the
result of such searches and for matters connected therewith.95

(2A) Without prejudice to the generality of subsection (2), Land Registry Rules
may make provision with respect to applications for searches in the title
register, and the provision of information, by telephone or other
automated means.96

(3) Where the Registrar is satisfied that a person to whom a certificate of the
result of an official search is issued intends to purchase, take a lease of or
lend money on the security of a charge on the land to which the
certificate relates, the Registrar shall make an entry in the title register in
such manner as may be prescribed.97

(4) If, in any case referred to in subsection (3), an application for registration
of the relevant transfer, lease or charge, as the case may be, is made
within the prescribed period after the date of issue of the certificate, the
application shall rank in priority before any other application for
registration made in respect of the land within that period.
(5) Land Registry Rules shall make provision for —
(a) the maintenance by the Registrar of a register of transactions by
virtue of which the estate conveyed or created is subject to
compulsory first registration by virtue of paragraph 1 of Part I of
Schedule 2;
(b) the making and cancellation of entries in that register relating to
such transactions, the effect of such entries and applications for
such entries;
(c) searches in that register and the issue and effect of certificates of
search;
(d) the making and cancellation of entries in that register or in the
title register, or in both, denoting the issue of such certificates.98

74 Penalties for fraud

[NI/1970/18/82]
(1) Any person who —
(a) in the course of any proceedings before the Registrar or the Land
Commissioner in pursuance of this Act, with intent to conceal the
title or claim of any person, or to substantiate a false claim,
suppresses, attempts to suppress or is privy to the suppression of
any document or fact; or
(b) fraudulently procures, attempts to procure fraudulently or is
privy to the fraudulent procurement of any entry, erasure or
alteration in the title register or any other register kept in
pursuance of Land Registry Rules,99

Land Registration Act 1982 Section 75


c AT 7 of 1982 Page 45

shall be guilty of an offence and shall be liable on conviction on
information to imprisonment for a term not exceeding two years or to a
fine, or to both.
(2) A proceeding or conviction for any offence under subsection (1) above
shall not affect any remedy to which any person aggrieved by the offence
may be entitled.
(3) Nothing in this Act shall entitle any person to refuse to make a complete
discovery in any legal proceeding, or to answer any question or
interrogatory in any civil proceeding, but such a discovery or answer
shall not be admissible in evidence against that person, or the spouse or
civil partner of that person, in any criminal proceeding under this Act.100

75 Effect of fraudulent dispositions and fraudulent acts

[NI/1970/18/83]
(1) Subject to the provisions of this Act with respect to compensation and to
registered dispositions for valuable consideration, any dealing with any
registered land which, if unregistered, would be fraudulent and void
shall, notwithstanding registration, be fraudulent and void in like
manner.
(2) If any person —
(a) fraudulently procures; or
(b) is privy to the fraudulent procurement of,
any entry on, erasure from or alteration of the title register or an office
copy of an entry in the title register, any entry, erasure or alteration so
made by fraud shall be void as between all persons who are parties or
privy to the fraud.101

76 Fees

[NI/1970/18/84]
(1) The Treasury may, by order prescribe the fees to be taken in the Land
Registry for the purposes of this Act, and the manner in which such fees
shall be paid.102

(2) An order under subsection (1) shall not have effect until it has been
approved by Tynwald.
(3) Any provision in, or prescribed under, this Act requiring or authorising
anything to be done, or any certificate or other document to be issued by,
the Registrar, or in or from the Land Registry, shall be construed as
requiring or authorising the same on payment of such fees as may be
prescribed by order under subsection (1) above.
(4) Nothing in this Act shall make it obligatory for any act to be done in the
Land Registry, or for that Registry to permit any act to be done in that
Section 77 Land Registration Act 1982


Page 46 AT 7 of 1982 c

Registry, in respect of which a fee is payable, except on payment of that
fee or on arrangements being made, in accordance with an order under
subsection (1), for the payment of that fee.
77 Land Registry Rules

[NI/1970/18/85]
(1) and (2) [Repealed]103

(2) The Treasury may make rules providing for the practice and procedure
to be followed in the Land Registry and generally for giving effect to this
Act and, in particular and without prejudice to the generality of the
foregoing, may make rules with respect to all or any of the matters
specified in Parts I and II of Schedule 11.104

(3) Part III of Schedule 11 shall have effect for the purpose of interpreting
Part II of that Schedule.
(4A) For the avoidance of doubt, Land Registry Rules may make provision —
(a) for the extension of any period specified in or by virtue of the
Rules, notwithstanding that the period has already expired;
(b) for the rectification of irregularities in procedure;
(c) authorising the Registrar to disregard any failure to comply with
a provision of the Rules relating to procedure.105

(4) Land Registry Rules shall not have effect until they have been approved
by Tynwald.
77A Documents and records

[N1992/7/36]
(1) Any reference in this Act to a document includes a reference to
information recorded in such non-legible form as may be prescribed.
(2) Records required or authorised to be kept under this Act by or on behalf
of the Registrar may be kept in any form the Registrar thinks fit, if it is
possible to inspect the information contained in them and to obtain a
copy of it in legible form.
(3) Where a document has been recorded in a prescribed non-legible form,
any reference in this Act to inspection of it, or obtaining a copy of or
extract from it, shall be construed as a reference to inspection of the
record, or obtaining a copy of or extract from that record, in legible form.
(4) Where any provision of this Act provides for a document to be given to
or by the Land Registry or the Registrar, Land Registry Rules may make
further provision in relation to the application of that provision to
instantaneous forms of communication.
Land Registration Act 1982 Section 78


c AT 7 of 1982 Page 47

(5) Land Registry Rules may authorise documents to be used for the
purposes of this Act if they satisfy any prescribed conditions,
notwithstanding that they are not original documents.
(6) The Registrar shall assign an official seal for use by the Land Registry, of
which judicial notice shall be taken by all courts; and —
(a) any document purporting to be sealed with that seal shall be
admissible in evidence;
(b) if such a document is a copy of another document or a copy in
non-legible form of a record kept in non-legible form, the copy
shall be admissible in like manner as the original document or
record.
(7) In this section —
“document” includes information recorded in any form;
“legible” means capable of being read with the naked eye;
“record” includes a register, a map and an index.106

PART X – SUPPLEMENTARY

78 Financial provisions

[NI/1970/18/93]
Such expenses incurred by, through or on behalf of the Land Registry in the
operation of this Act shall be defrayed out of money provided by Tynwald.
79 Interpretation

[NI/1970/18/94]
(1) In this Act, unless the context otherwise requires —
“the 1961 Act
” means the Registration of Deeds Act 1961;107

“compulsory registration area
” means any area declared to be such by an order
under section 24;
“the Conveyancing Acts
” means the Conveyancing Acts 1908 to 1963;
“estate
”, when used with reference to land, includes any legal or equitable
estate or interest, easement, right, title, claim, demand, charge, lien or
incumbrance in, over, to or in respect of the land;
“freehold estate
” means any legal estate in land (whether of freehold or
customary freehold tenure) other than a leasehold estate or a term for
securing money;
“full owner
” has the meaning assigned to it by section 12(a) and (c);
“judgment
” includes decree and order;
Section 79 Land Registration Act 1982


Page 48 AT 7 of 1982 c

“land
”, without prejudice to the definition thereof in section 3 of the
Interpretation Act 1976, includes —
(a) a charge; and
(b) land covered by water;
but excludes any mines or minerals;108

“the Land Commissioner
” means the person appointed to that office under
section 2;
“the Land Registry
” means the registry maintained under section 1(1);109

“Land Registry Rules
” means rules under section 77(3);
“lease
” includes an under-lease and any tenancy or an agreement for a lease,
under-lease or tenancy;
“leasehold estate
” means an estate in land under a lease, not being a term for
securing money, with or without a covenant for renewal, and includes
such an estate held at a rent under a lease for a life or lives, or
determinable on a life or lives, and, where a lease in possession and a
reversionary lease to take effect in possession upon the expiry of the
lease in possession are so held that the estate under both leases belongs
to the same person otherwise than in different capacities, such leases, so
far as they relate to land comprised in both leases, shall for the purposes
of this Act be treated as creating one continuous term in possession;
“limited owner
”, in relation to registered land, means a person registrable
under section 12(b) or (d) as a limited owner;
“mortgage
” has the same meaning as in the Conveyancing Acts;
“pending action
” means any action or proceeding, relating to any registered
land pending in any court and any proceeding pending before the Land
Commissioner;
“personal representatives
” means the executors or executor, original or by
representation, or the administrators or administrator for the time being
of a deceased person;
“possession
” includes the receipt of the rents and profits or the right to receive
the same, if any;
“prescribed
” means prescribed by Land Registry Rules;
“public authority
” means —
(a) any Department or Statutory Board or any committee or sub-
committee of any such Board;
(b) any local authority;
(c) any Government Department;
(d) any public officer;110

“register
” [Repealed]
Land Registration Act 1982 Section 80


c AT 7 of 1982 Page 49

“the register of freeholders
” [Repealed]
“the register of leaseholders
” [Repealed]
“the register of subsidiary interests
” [Repealed]111

“registered burden
” means a Schedule 6 burden which has been registered in
the title register;112

“registered charge
” means a charge which has been registered in the title
register;113

“registered land
” means land the title to which is registered under this Act;
“the Registrar
”, subject to section 4(2) of the General Registry Act 1965, means
the Chief Registrar;114

“registry map
” has the meaning assigned to it by section 57(2);
“Schedule 5 burden
” means a burden specified in Part I of Schedule 5;
“Schedule 6 burden
” means a burden specified in Part I of Schedule 6;
“the Settled Land Act
” means the Settled Land Act 1891;
“settlement
”, “settled land
”, “tenant for life
” and “trustees of the settlement

have respectively the same meanings as in the Settled Land Act;
“the title register
” means the register maintained pursuant to section 10;115

“unregistered land
” means land the title to which is not registered under this
Act;
“words of limitation
” includes any words which operate as words of limitation.
(2) Any reference in any provision of this Act to the commencement of this
Act shall be construed as a reference to the date on which that provision
takes effect.
80 Application to the Crown

Subject to the provisions of this Act, this Act shall be binding on the Crown.
81 Amendment of enactments

(1) The Treasury may, by order repeal or amend any provision of the
Registration of Deeds Act 1961 appearing to the Treasury to be inconsistent
with, or to have become unnecessary or to require modification in
consequence of, this Act.116

(2) An order under subsection (1) shall not have effect until it has been
approved by Tynwald.
(3) The enactments specified in Schedule 12 shall have effect subject to the
amendments specified in that Schedule.
Section 82 Land Registration Act 1982


Page 50 AT 7 of 1982 c

82 Short title and commencement

(1) This Act may be cited as the Land Registration Act 1982.
(2) This Act shall come into operation on such day or days as the
Department of Local Government and the Environment, with the
concurrence of the Treasury, may by order appoint, and different days
may be so appointed for different purposes.117
118

Land Registration Act 1982 Schedule 1



c AT 7 of 1982 Page 51

SCHEDULE 1
119

SCHEDULE 2

COMPULSORY REGISTRATION

Sections 23 and 24(1) [NI/1970/18/Sch 2]
PART I – COMPULSORY REGISTRATION AND EFFECT OF

NON-REGISTRATION

Land subject to compulsory registration Effect of non-registration
1. Any freehold or leasehold estate,
where the estate (not being an interest or
falling within section 10(1)(c) or (d) and not
being a mortgage) is acquired in respect of
land situate in a compulsory registration
area —
(a) in the case of a freehold estate, upon
a conveyance on sale; or
(b) in the case of a leasehold estate —
(i) on the grant of such an estate, where
the term granted exceeds twenty-one years; or
(ii) on the assignment on sale of such an
estate, where the residue of the term
granted exceeds, at the date of
assignment, twenty-one years. 120

Subject to Part II, the conveyance on sale of the
freehold estate or the grant or assignment on
sale of the leasehold estate shall become void
on the expiration of three months from the
date of execution thereof unless, within that
period, application is made, in such manner as
may be prescribed, for registration in the title
register of the person entitled to be registered
as owner by virtue of the conveyance, grant or
assignment, or of his successor in title.
2. [Repealed] 121

3. A lease referred to in entry 6 in Part I
of Schedule 6, where such lease is made after
the commencement of this Act and after the
first registration of the land out of which the
lease is granted. 122

Subject to Part II, the lease shall so far as it
affects any registered land, become void on
the expiration of three months from the date
thereof unless, within that period, application
is made, in such manner as may be prescribed,
for —
(a) entry as a Schedule 6 burden on the
title register of the lease; and
(b) registration in the title register of the
person entitled to be registered as owner by
virtue of the lease, or of his successor in title.
4. Any right in land prescribed under
section 10(b).
As is prescribed.
5. Any estate in land required by any
other enactment to be registered in the Land
Registry.
As is provided by that enactment.

Schedule 2
Land Registration Act 1982


Page 52 AT 7 of 1982 c

PART II – POWER TO EXTEND TIME FOR FIRST COMPULSORY

REGISTRATION

Notwithstanding the period of three months referred to in column 2 in respect of
entries 1 and 3 in Part I, the Registrar may, on the application of any person interested
in any particular case to which that period applies and in which the Registrar is
satisfied that the application for registration —
(a) cannot be made within that period, or can only be made within
that period by incurring unreasonable expense; or
(b) has not been made within that period by reason of some accident
or other sufficient cause;
make an order extending that period; and, if such an order is made, then, upon the
registration of the owner, or, as the case may be, of his successor in title, a note of the
order shall be endorsed on the relevant document.
PART III – INTERPRETATION OF PART I

In Part I —
“assignment on sale
” means an assurance on sale by virtue whereof there is
conferred or completed a title under which an application for registration
as owner of a leasehold estate may be made, and includes an assignment
by way of exchange, but does not include an assignment or surrender of
a lease to the owner of the immediate reversion containing a declaration
that the term is to merge in such reversion;
“conveyance on sale
” means an assurance made on sale by virtue whereof there
is conferred or completed a title under which an application for
registration as owner of a freehold estate may be made and includes a
conveyance by way of exchange.

Land Registration Act 1982 Schedule 3



c AT 7 of 1982 Page 53

SCHEDULE 3

RECLASSIFICATION OF TITLE

Section 25 [NI/1970/18/Sch 3]
Reclassification of titles on effluxion of time
1. Subject to paragraph 3, where a person is registered with a possessory title to
any estate in registered land and an application is made for registration of a transfer of
that estate for valuable consideration, the Registrar may —
(a) on the application of the registered owner or the transferee;
(b) if satisfied that twenty-one years have elapsed since the first
registration of the estate and the registered owner was,
immediately prior to the transfer, in possession of the estate; and
(c) after giving such notices as may be prescribed;
register the transferee —
(i) in the case of a freehold estate, with an absolute title; or
(ii) in the case of a leasehold estate, with a good leasehold title.
Reclassification of titles in other cases
2. Subject to paragraphs 3 and 4, where any person is registered with a title to any
estate in registered land other than an absolute title, the Registrar may —
(a) on his own initiative or on the application, in such manner as may
be prescribed, of the registered owner of the estate or of some
other person claiming to be entitled thereto; and
(b) after such examination of the title as the Registrar considers
necessary;123

register the registered owner or such other person as he is satisfied is entitled to be
registered as such —
(i) if the existing registration is with a good leasehold title,
with an absolute title; or
(ii) if the existing registration is with a possessory title or a
qualified title, with an absolute title or a good leasehold
title, as the case may require.
Adverse claims
3. If any claim adverse to the title of the registered owner is made, the Registrar
shall not reclassify the title under this Schedule until the claim has been disposed of.
Schedule 4
Land Registration Act 1982


Page 54 AT 7 of 1982 c

Evidence of title and notices
4. In any case to which paragraph 2 applies, an applicant for reclassification shall
produce such evidence of title as the Registrar may require, and the Registrar shall not
reclassify the title until —
(a) that evidence of title has been furnished to him; and
(b) such notices, if any, as may be prescribed, or as he may require to
be given, have been given.
SCHEDULE 4

TRANSMISSION OF REGISTERED LAND

Section 34 [NI/1970/18/Sch 4]
Transmission on death of a full owner in respect of deaths after commencement of Act
1. (1) Without prejudice to the rights of the owner of any registered burden, on
the death of a registered full owner of any land, not being a joint tenant whose interest
ceased at death, the personal representatives of the deceased owner shall alone be
recognised by the Registrar as having any right to deal with the estate of the deceased
owner in the land, and any dispositions by them (where they are not the registered
owner, shall have the same effect as if they were the registered owner.124

(2) [Repealed]125

2 to 4. [Repealed]126

5. Where any land becomes vested in the personal representatives of a deceased
person, the production of an assent or transfer in the prescribed form from the personal
representatives shall authorise the Registrar to register the person named in such
assent or transfer as full owner or limited owner of the land, as the case may be, and to
register any burdens specified in the assent or transfer and the ownership of such
burdens, where so specified.127

6. Where the registered owner of any land has died intestate or partially intestate,
the Land Commissioner may, on an application being made to him in the prescribed
manner by a person claiming under the intestacy or partial intestacy of the deceased,
and notwithstanding anything contained in any enactment order that the applicant be
registered as owner of the land.
7. The Land Commissioner shall not exercise his powers under paragraph 6
without giving notice to the personal representatives, unless he is satisfied that —
(a) at least six years have elapsed since the death of the deceased
owner; and
(b) the personal representatives are dead or out of the jurisdiction.
Land Registration Act 1982 Schedule 5



c AT 7 of 1982 Page 55

Transmission of estate of limited owner on death, in respect of deaths after
commencement of Act, or otherwise
8. (1) On the determination of the estate of a limited owner of registered land,
the Registrar shall, on application in such manner as may be prescribed, register as
owner the person entitled to be registered as such.
(2) Where a person has been registered as limited owner by virtue of
paragraph 5 and the estate (“the relevant estate”) of that person determines, the assent
or transfer mentioned in paragraph 4 shall, on application in such manner as may be
prescribed, authorise the Registrar —
(a) to register as full or limited owner (as the case may be) the person
named in the assent or transfer (or his successor in title) as the
person entitled to the land on the determination of the relevant
estate; and
(b) to register any burdens specified in the assent or transfer and,
where the ownership of such burdens is specified in the assent or
transfer, the owner so specified or his successor in title.128

Functions of Registrar in relation to assents etc.
9. Where an application for registration is made for the purposes of paragraph 5 or
8(2), the Registrar —
(a) shall not call for information as to why the assent or transfer was
made; and
(b) shall assume that the personal representatives are or were acting
correctly, and within their powers, in relation to the assent or
transfer and that the assent or transfer is complete and accurate in
all its details.129

SCHEDULE 5

BURDENS WHICH AFFECT REGISTERED LAND WITHOUT

REGISTRATION

Section 35 [[NI/1970/18/Sch 5]
PART I - LIST OF BURDENS WHICH AFFECT REGISTERED LAND

WITHOUT REGISTRATION

1. In the case of a registered leasehold estate, all express and implied covenants,
conditions and liabilities incident to the lease under which the estate is held.
2. Rights of the public or of any class of the public.
Schedule 5
Land Registration Act 1982


Page 56 AT 7 of 1982 c

3. Customary rights.
4. Easements and profits à prendre, unless they are created by express grant or
reservation after the 31st December 1911 or are referred to in any document of title
recorded in the General Registry after that date.130

5. All such powers of working, wayleaves or rights of way and rights of water and
drainage, and other powers, easements, rights and privileges for, or incident to or
connected with, mining purposes, as are for the time being subsisting over the land
and are not created by express grant or reservation after the first registration of the
land.131

6. Any lease for a term not exceeding 21 years.
7. In the case of any land in respect of which the owner is registered with a title
other than an absolute title, all rights excepted from the effect of first registration.
8. Subject to the provisions of this Act, all rights acquired, or in course of being
acquired, consequent on the Limitation Act 1984.132

9. The right of every person in actual and apparent occupation of the land at the
date of the relevant disposition, save where —
(a) upon inquiry made of that person, the right is not disclosed; or
(b) the right is a burden mentioned in Part I of Schedule 6.
10. Any rights to or in relation to mines and minerals or petroleum vested in any
statutory body by virtue of any statutory provision.
11. Any order or scheme under section 7, 11 or 16 of the Manx Museum and National
Trust Act 1959.
11A. A right falling within paragraph 2(1) of Schedule 1 (the telecommunications
code) to the Telecommunications Act 1984.133

11B. Designated FRM works or a designated watercourse under the Flood Risk
Management Act 2013 relating to the land, and the Manx Utilities Authority’s powers
under that Act for the works or watercourse.134

12. Any expenses, or sums apportioned in respect of any expenses, incurred by a
public authority in carrying out works, which by virtue of any enactment are
recoverable from the owner for the time being of the land, or are a charge on the land.
13. Any prohibition or restriction on the use of land imposed by a public authority
(including any prohibition or restriction embodied in any condition attached to a
permission, consent, approval or licence granted by a public authority) under any
enactment and enforceable against successive owners of the land.
Land Registration Act 1982 Schedule 6



c AT 7 of 1982 Page 57

14. Any notice, resolution, order, scheme, development plan, registration, rate,
byelaw, regulation or other public document affecting or relating to land and served,
passed or made by Tynwald or a public authority under any enactment.135

PART II – PROVISIONS AFFECTING SCHEDULE 5 BURDENS
136

Where it is proved to the satisfaction of the Registrar that any land registered or about
to be registered is exempt from, or has ceased to be subject to, any burden specified in
Part I, he may enter notice of the fact on the title register.
SCHEDULE 6

REGISTRATION OF CERTAIN BURDENS

Section 36 [NI/1970/18/Sch 6]
PART I - LIST OF BURDENS TO WHICH SECTION 36 APPLIES

1. Any charge on the land whether created before or after the first registration of
the land other than a charge referred to in entry 12 of Part I of Schedule 5.
2. Any rent-charge or perpetual rent issuing out of the land, whether created
before or after the first registration of the land.
3. Any power to charge the land with the payment of money, whether created or
arising before or after the first registration of the land.
4. Any trust for securing money on the land, whether created or arising before or
after the first registration of the land.
5. Any lien on the land for unpaid purchase money, whether existing before or
after the first registration of the land.
6. Any lease of the land where the term granted —
(a) is for a life or lives or is determinable on a life or lives; or
(b) exceeds 21 years,
whether granted before or after the first registration of the land.
7. Any judgment or order of a court, affecting the land, whether given or made
before or after the first registration of the land.
8. Any pending action relating to the land or, without prejudice to paragraph 1, a
charge affecting the land by virtue of paragraph 3 of Schedule 2 to the Administration of
Justice Act 1981, whether existing before or after the first registration of the land.
Schedule 7
Land Registration Act 1982


Page 58 AT 7 of 1982 c

9. Any easement or profit à prendre affecting the land, other than one falling
within entry 4 in Part I of Schedule 5.
9A. A drainage approval deed under the Flood Risk Management Act 2013 relating to
the land if, under that Act, the land is servient land for the drain the subject of the
deed.137

10. Any covenant or condition relating to the use or enjoyment of the land, whether
created before or after the first registration of the land, not being a covenant or
condition referred to in entry 1 in Part I of Schedule 5.
11. Any tenancy by the curtesy or estate in dower affecting the land arising before
the 5th July 1961.
12. Any other matter affecting the land which may be prescribed pursuant to Land
Registry Rules.
PART II – PROVISIONS AFFECTING REGISTRATION OF

SCHEDULE 6 BURDENS

Registration of burdens
1. The ownership of Schedule 6 burdens may, and shall if so required by section 38
or Schedule 2 be registered in accordance with Land Registry Rules.
2. A Schedule 6 burden shall be entered as a burden on the title register on the
application of the registered owner of the land or of any other person entitled to or
interested in the burden, and, for the purposes of this Part, an application by any
person for the first registration of any land shall be treated as if it were also an
application by that person as registered owner of that land for the registration of every
Schedule 6 burden affecting that land.138

3 and 4. [Repealed]139

Registration of pending actions to lapse after five years
5. The registration of a pending action shall cease to have effect at the expiration of
five years from the date of registration, but may be renewed from time to time, and, if
renewed, shall have effect for five years from the date of renewal.
SCHEDULE 7

PROVISIONS RELATING TO CHARGES ON REGISTERED

LAND

Section 38(5) and (6) [NI/1970/18/Sch 7]
Land Registration Act 1982 Schedule 7



c AT 7 of 1982 Page 59

PART I - GENERAL PROVISIONS

Registration of charges
1. Subject to paragraphs 2 and 3, every deed of charge by a registered owner shall
be in the prescribed form or in such other form, not being a purported conveyance or
demise (whether or not subject to defeasance) of a freehold or leasehold estate by way
of mortgage, as shall sufficiently charge the land and as shall not be calculated to
mislead.
2. The registered land comprised in a charge created by deed after the
commencement of this Act shall be described by reference to the title register or in any
other manner sufficient to enable the Registrar to identify the same.140

3. A deed of charge shall not refer to any other burden affecting the land which
would have priority over the charge unless such burden is —
(a) entered on the title register; or141

(b) a Schedule 5 burden.
4. When it is expressed in a deed of charge that any person covenants for payment
of the principal sum charged, there shall, unless provision to the contrary is contained
in the deed of charge, be implied a covenant by that person with the registered owner
for the time being of the charge —
(a) to pay the principal sum charged and interest, if any, at the time
and rate specified in the deed of charge; and
(b) if the principal sum, or any part thereof, is unpaid at the time so
specified, to pay interest half-yearly at the rate so specified on so
much of the principal sum as for the time being remains unpaid.
Effect of registration of ownership of charge
5. On registration of an owner of a charge on registered land for the payment of
any principal sum of money, with or without interest, execution may be granted for the
principal, interest (if any), costs and charges, and the owner shall be entitled to obtain
possession of the land, in respect of the charge in like manner as in respect of a deed of
bond and security relating to unregistered land.142

6. On a sale by a Coroner in execution of a charge on land pursuant to Schedule 2
to the Administration of Justice Act 1981, the transferee shall be registered as owner of
the land, and thereupon the registration shall have the same effect as registration of a
transfer for valuable consideration by a registered owner.
7. When a transferee is registered under paragraph 6 as owner of the land, the
charge and all estates inferior thereto shall be discharged.
Schedule 8
Land Registration Act 1982


Page 60 AT 7 of 1982 c

8. On registration of the owner of a charge by way of annuity, the owner of the
charge shall have the like powers and remedies for recovering and compelling
payment of the annuity as if it had been secured against unregistered land.
PART II – SPECIAL PROVISIONS RELATING TO CERTAIN

CHARGES IN RESPECT OF SETTLED LAND

9. A registered limited owner of registered land may, in conjunction with all other
persons entitled under the settlement (if such owner and all such other persons are of
full age and capacity), charge that land with the payment of money in like manner as if
such owner and such other persons were registered as full owners of the land.
SCHEDULE 8

SPECIAL PROVISIONS RELATING TO SETTLED LAND

Section 51 [NI/1970/18/Sch 8]
1. The Registrar may register in respect of any settled land —
(a) the owner of the particular estate in such land, as limited owner
thereof; or
(b) any trustees in whom that land is vested, as full owners thereof.
2. Where a person is registered as limited owner under a settlement, the names of
the trustees of the settlement, if any, shall be entered in the title register.143

3. The registration of a person as limited owner of settled land in pursuance of this
Act shall not —
(a) confer on the person so registered, as against any person claiming
under the settlement, any greater powers of dealing with the land
than those of a tenant for life under the Settled Land Act;
(b) confer on the assignee, trustee in bankruptcy, devisee or personal
representatives of the limited owner any greater estate than he
would otherwise have;
(c) take away from any trustee under the settlement any powers of
dealing with the land which he would otherwise have.
4. (1) Where a person is, by operation of law or otherwise, assignee of a person
registered as limited owner of any land, the name of the assignee shall, on his
application, be entered on the register with the addition of the word “assignee”, or of
such other words as may be prescribed.
(2) In default of an entry made pursuant to subparagraph (1), the
registration of the limited owner shall continue to have effect as if there had been no
assignment.
Land Registration Act 1982 Schedule 9



c AT 7 of 1982 Page 61

5. Where a new trustee of a settlement to which paragraph 2 relates is appointed,
the Registrar shall, on application and on production of the prescribed evidence, enter
his name accordingly.
6. A person shall not be affected by notice of the trusts of any settlement by reason
of any person being registered as limited owner under the settlement or by reason of
any reference to the settlement being entered on the register.
7. Where the interest of a minor in registered land is noted in the title register
pursuant to section 55(1) —
(a) the trustees of the settlement, if any; or
(b) any person appointed by order of the court under section 50 of the
Settled Land Act;
shall be registered as limited owner thereof.144

SCHEDULE 9

CAUTIONS AGAINST REGISTERED DISPOSITIONS

Section 61(2)
[NI/1970/18/66(2)]
1. Upon the lodgment of a caution under section 61(1), the Registrar shall not,
without the consent of the cautioner, register any dealing on the part of the registered
owner of the estate until the Registrar has served notice on the cautioner warning him
that his caution will lapse after the expiration of such time as may be prescribed (in this
Schedule referred to as “the prescribed time
”).
[NI/1970/18/66(3)]
2. On the application in writing, at any time, by the registered owner of the estate
to which a caution relates, or when a dealing affecting that estate is brought in for
registration without the consent of the cautioner, the notice under paragraph 1 shall be
served on the cautioner.
[NI/1970/18/66(4)]
3. After the expiration of the prescribed time, a caution to this Schedule applies
shall lapse unless an order to the contrary is made by the Registrar; and, on the caution
so lapsing, the dealing may be registered as if the caution had not been lodged.
[NI/1970/18/66(5)]
4. If, before the expiration of the prescribed time, the cautioner or some other
person on his behalf, appears and gives, if so required by the Registrar, sufficient
security to indemnify every person against any damage that may be sustained by
reason of the dealing being delayed, the Registrar shall refer the matter to the Land
Commissioner under section 6(2), and shall delay registering any dealing until the
matter has been determined.
Schedule 9
Land Registration Act 1982


Page 62 AT 7 of 1982 c

5. If any person lodges a caution to which this Schedule applies without
reasonable cause, he shall be liable to pay compensation, recoverable as a simple
contract debt, to any person damaged thereby.
6. Where a caution to which this Schedule applies is lodged by a public authority,
the Registrar may accept a certificate, in such form as may be prescribed, instead of the
affidavit mentioned in section 61(1).
Land Registration Act 1982 Schedule 10



c AT 7 of 1982 Page 63

SCHEDULE 10

COMPENSATION PAYABLE UNDER THE ACT

Section 66(1) [NI/1970/18/Sch 9]
Right to compensation
1. (1) Subject to paragraphs 2, 3, 4 and 5, compensation shall be payable to any
person who has sustained any loss by reason of —
(a) the rectification of a register pursuant to section 65, or
(b) an error in, or omission from, a register whether or not rectified
pursuant to section 65, or145

(bb) the loss or destruction by the Land Registry of any document
lodged at the registry for inspection or safe keeping, other than a
document destroyed in accordance with Land Registry Rules; or146

(c) a copying error made in a certified copy of, or a certified extract
from, a register or document, where the copy or extract is
provided in accordance with Land Registry Rules; or
(d) an error in or omission from a filed copy of, or an error in a filed
extract from, a document referred to in the title register, where the
error or omission was made in preparing the copy or the error
was made in preparing the extract.147

(2) A person deriving title from a person to whom compensation is payable
under sub-paragraph (1), shall be entitled to such compensation in the place of the
person from whom he so derived title.
2. Subject to paragraphs 3, 4 and 5, the owner of any land claiming in good faith
under a forged disposition shall, where the title register is rectified, be deemed, for the
purposes of paragraph 1(1)(a), to have suffered loss by reason of such rectification.
3. Compensation shall not be payable —
(a) where the claimant has himself or by his agent caused or
substantially contributed to the loss by his act or omission; or148

(aa) where the claimant has himself or by his agent contributed to the
loss by his fraudulent act or fraudulent omission;149

(ab) where the claimant derives title (otherwise than under a
registered disposition taken by him in good faith for valuable
consideration) from a person to whom sub-paragraph (a) or (aa)
applies; or150

(ac) where the error or omission which gave rise to the loss was
occasioned by an error in or omission from an assent or transfer
on the correctness of which the Registrar is required to rely in
Schedule 10
Land Registration Act 1982


Page 64 AT 7 of 1982 c

pursuance of paragraph 9 of Schedule 4 or Land Registry Rules;
or151

(b) by reason of a purchaser acquiring any interest under a registered
disposition from a body corporate referred to in section 53 free
from any such incumbrances as are mentioned in that section
which are not registered or protected as required by that section.
3A. Where lack of proper care on the part of the claimant or his agent has
contributed to the loss, the amount of the compensation to which he would have
entitled had he or his agent not so contributed to the loss shall be reduced
proportionately to such extent as is just having regard to his or his agent’s
responsibility for the loss.152

4. (1) Subject to sub-paragraph (2), a claim for compensation shall not be
entertained after the expiration of six years from the time when the right to
compensation accrued unless —
(a) on the expiration of that period, the claimant was under any legal
disability; and
(b) the claim is made within two years from the termination of the
disability.
(2) For the purposes of sub-paragraph (1), a right to compensation shall be
deemed to accrue —
(a) in regard to any estate in possession, on the date of the
registration which occasioned the loss in respect of which
compensation is claimed or, if the loss arises from an omission, at
the time when the omission happened;
(b) in regard to any estate in remainder or reversion, on the date
when such estate would, but for such registration or omission,
have fallen into possession;
(c) in regard to an error in a certified copy or extract referred to in
paragraph l(l)(c), on the date of the certificate on the certified copy
or extract.
(d) where the right to compensation arises from the loss or
destruction of a document or an error in or omission from a filed
copy of, or an error in a filed extract from, a document referred to
in the title register, on the date on which the claimant discovers
the loss, destruction, error or omission or could with reasonable
diligence have discovered it.153

5. In any case of the rectification, pursuant to section 65, of an error, the costs
reasonably incurred by the claimant in obtaining the rectification shall be deemed to be
a loss to which this Schedule applies.
Land Registration Act 1982 Schedule 11



c AT 7 of 1982 Page 65

Quantum of compensation
6. When compensation is payable under this Schedule, the amount thereof
(excluding costs) shall not exceed —
(a) where the title register is not rectified, the value of the land at the
time when the error was made or, as the case may be, the
omission happened;154

(b) where the title register is rectified, the value (if there had been no
rectification) of the land immediately prior to such rectification.155

7. Except for the purposes of paragraph 6, compensation payable under this
Schedule shall include any reasonable costs properly incurred by the claimant in
establishing his claim.
Special provisions in respect of settled land
8. Where compensation is paid in respect of settled land, and not in respect of any
particular estate, remainder or reversion therein, the compensation shall be paid to the
trustees of the settlement and held by them as capital money for the purposes of the
Settled Land Act.
Procedure for claiming compensation
9. Every claim for compensation under this Schedule shall be made to the High
Court in accordance with rules of court.
10. Notice of every claim for compensation under this Schedule shall be served on
the Treasury and on such other persons as may be prescribed.156

11. The Treasury shall be the respondent to every claim for compensation made
under this Schedule.157

SCHEDULE 11

MATTERS IN RESPECT OF WHICH LAND REGISTRY RULES

MAY BE MADE

Section 77(3)
PART I - GENERAL

1. Anything which under this Act may or is to be prescribed.
2. The conduct of transfers and the publication of information relating to transfers.
Schedule 11
Land Registration Act 1982


Page 66 AT 7 of 1982 c

3. The making, keeping and indexing of the title register including the making,
keeping and indexing of the title register by means of a computer.158

4. The authentication and preservation of documents relating to title and generally
for the custody of documents received in the Land Registry and for providing copies
of, or extracts from, such documents.
4A. Regulating the custody of documents coming into the hands of the Registrar
and the destruction of such documents where they have become superseded by entries
in the title register, have ceased to have effect or have been recorded by means of a
computer or by the preservation of an image thereof.159

5. The precautions to be taken, the notices to be given and the evidence to be
adduced in all proceedings in connection with registration, and the persons to whom,
and the circumstances under which, reference is to be made in respect of the
examination of any title to land proposed to be registered.
6. The furnishing of addresses by persons whose names are entered on the title
register.160

7. The registration of title on the exchange of holdings.
8. The registration, by way of a note on the title register, of any easement or right
created by a document which appears to affect the land adversely, and so far as
practicable by reference to the document creating the same.161

9. Consequential matters in relation to the creation and effect of any additional
burden prescribed by virtue of entry 16 in Part I of Schedule 6.
10. The authentication of —
(a) office copies of entries in the title register and of documents
referred to in section 72(1)(b);162

(b) certificates of the result of official searches in the title register;
and163

(c) any notice, certificate, order or other document served issued or
made pursuant to this Act or Land Registry Rules;
and the evidential value in any proceedings of any document so authenticated.
11. The form in which, and conditions under which, entries in the title register are
to be made and may be modified or cancelled, the order in which entries relating to the
same land are to be made and the correction of clerical errors in the title register or in
any document connected with registration.164

12. The form and content of documents required or authorised to be used or given
under or for the purposes of this Act.165

Land Registration Act 1982 Schedule 11



c AT 7 of 1982 Page 67

12A. Authorising the Registrar to prepare and cause to printed and promulgated,
such forms and directions as he considers appropriate for the purpose of facilitating
proceedings under this Act (including, for example —
(a) directions specifying the characteristic, including shape, design,
size, colour and quality of the paper to be used for forms for any
class of dealing or other matter and
(b) the deviations from prescribed forms which are permitted or
required to be made in connection with dealings or other matters
of that class).166

13. Enabling or requiring covenants or other provisions or forms of words
commonly used or included in deeds or documents relating to unregistered land to be
omitted from documents effecting dealings in registered land, and providing for such
documents to be deemed to contain such covenants, provisions or forms of words, in
such circumstances, as may be specified.
14. The costs to be charged by, or allowed to, advocates or other persons in relation
to this Act.
15. The taxation of costs in relation to proceedings before the Registrar and the
Land Commissioner, and the persons by and to whom costs are to be paid.
16. Requiring security for the costs of any appeal under this Act.
17. Empowering the Registrar to refuse to accept applications for the first
registration of the ownership of any land where —
(a) the land is not situate in a compulsory registration area; or
(b) the land is situate in such an area, but the first registration of the
land is not made compulsory by virtue of this Act.
18. Restricting the manner in respect of which information obtained as a result of a
search under this Act may be published.
18A. Authorising the Registrar to amend the title register to take account of any
accretion to or erosion of registered land.167

PART II – SOUVENIR LAND

19. Enabling the Registrar, in such circumstances and subject to such conditions as
may be specified in the rules, to declare any area of land to be subject to a souvenir
land scheme if the Registrar is satisfied that the land comprised in that area consists
wholly or mainly of land which has been or is proposed to be, disposed of (by way of
sale or otherwise) in souvenir plots or of which part has been, and the remainder is
proposed to be, so disposed of.
Schedule 12
Land Registration Act 1982


Page 68 AT 7 of 1982 c

20. The cancellation of declarations and the extension or reduction of the area to
which any declaration relates.
21. Authorising or requiring the Registrar not to accept applications under this Act
relating to souvenir land or cautions or other documents relating to such land;
22. Excepting souvenir land from the operation of Schedule 2.
23. Securing that transactions relating to souvenir land which is registered land
take effect as if the souvenir land in question were not registered land.
PART III – INTERPRETATION OF PART II

24. For the purposes of Part II —
“declaration
” means a declaration by the Registrar, made in pursuance of Land
Registry Rules made by virtue of paragraph 18, that an area of land is
subject to a souvenir land scheme;
“souvenir land
” means land situated within an area in respect of which a
declaration is for the time being in force.
“souvenir plot
” means any piece of land which, being of inconsiderable size
and little or no practical utility, is unlikely to be wanted in isolation
except for the sake of pure ownership or for sentimental reasons or
commemorative purposes.
SCHEDULE 12

CONSEQUENTIAL AMENDMENTS

Section 81(3)
[Sch 12 amended by Matrimonial Proceedings Act 2003 Sch 6, and amends the
following Acts —
Conveyancing Act 1963 q.v.
Administration of Justice Act 1981 q.v.]
Land Registration Act 1982 Endnotes


c AT 7 of 1982 Page 69

ENDNOTES

Table of Legislation History

Legislation Year and No Commencement






Table of Renumbered Provisions

Original Current






Table of Endnote References

1
Subs (1) amended by Public Services Commission Act 2015 Sch. 2
S 1 substituted by Land Registration (Amendment) Act 1995 s 1. 3
Subs (1) amended by GC155/91. 4
S 4 amended by Land Registration (Amendment) Act 1995 Sch 1. 5
S 10 substituted by Land Registration (Amendment) Act 1995 s 2. 6
Subs (1) amended by Land Registration (Amendment) Act 1995 Sch 1. 7
Subs (2) repealed by Land Registration (Amendment) Act 1995 Sch 2. 8
Subs (3) amended by Land Registration (Amendment) Act 1995 Sch 1. 9
Subs (3) added by Land Registration (Amendment) Act 1995 s 3. 10
Subs (1) amended by Conveyancing Act 1985 Sch 2. 11
Subs (2) substituted by Land Registration (Amendment) Act 1995 s 4. 12
Subss (3) and (4) repealed by Conveyancing Act 1985 Sch 2. 13
Subs (5) substituted by Land Registration (Amendment) Act 1995 Sch 1. 14
Subs (1) amended by Land Registration (Amendment) Act 1995 Sch 2. 15
Subs (2) substituted by Land Registration (Amendment) Act 1995 s 4. 16
Subss (3) and (4) repealed by Conveyancing Act 1995 Sch 2. 17
Subs (5) substituted by Land Registration (Amendment) Act 1995 Sch 1. 18
Subs (6) substituted by Land Registration (Amendment) Act 1995 Sch 1. 19
Subs (1) amended by Land Registration (Amendment) Act 1995 Sch 2. 20
Subs (5) added by Land Registration (Amendment) Act 1995 s 5. 21
Subs (1) amended by Land Registration (Amendment) Act 1995 ss 6 and 19 and by
SD155/10 Sch 7. 22
S 24A inserted by Land Registration (Amendment) Act 1995 s 6.
Endnotes Land Registration Act 1982


Page 70 AT 7 of 1982 c

23
Subs (1) substituted by Land Registration (Amendment) Act 1995 s 7. 24
Subs (2) amended by Land Registration (Amendment) Act 1995 Sch 1. 25
S 27 substituted by Land Registration (Amendment) Act 1995 Sch 1. 26
Subs (1) amended by Land Registration (Amendment) Act 1995 Sch 1. 27
S 28A inserted by Land Registration (Amendment) Act 1995 s 8. 28
Subs (7) repealed by Land Registration (Amendment) Act 1995 Sch 2. 29
Para (d) amended by Acquisition of Land Act 1984 Sch 4. 30
Subs (1) amended by Land Registration (Amendment) Act 1995 s 9. 31
Subs (2) amended by Land Registration (Amendment) Act 1995 s 9. 32
Subs (3) amended by Land Registration (Amendment) Act 1995 s 9. 33
Subs (1) amended by Land Registration (Amendment) Act 1995 Sch 1. 34
Subs (1) amended by Land Registration (Amendment) Act 1995 Sch 1. 35
S 37 amended by Land Registration (Amendment) Act 1995 Sch 1. 36
Subs (2) amended by Land Registration (Amendment) Act 1995 Sch 1. 37
Subs (3) amended by Land Registration (Amendment) Act 1995 Sch 1. 38
Subs (1) amended by Land Registration (Amendment) Act 1995 Sch 1. 39
Subs (1) substituted by Land Registration (Amendment) Act 1995 s 10. 40
Para (c) added by Land Registration (Amendment) Act 1995 s 8. 41
Subs (2) amended by Land Registration (Amendment) Act 1995 Sch 1. 42
Subs (1) amended by Land Registration (Amendment) Act 1995 Sch 1. 43
Subs (2) amended by Land Registration (Amendment) Act 1995 Sch 1. 44
Subs (3) added by Land Registration (Amendment) Act 1995 Sch 1. 45
Subs (4) added by Land Registration (Amendment) Act 1995 Sch 1. 46
S 47 repealed by Land Registration (Amendment) Act 1995 Sch 2. 47
Subs (1) amended by Limitation Act 1984 Sch 3. 48
Subs (2) amended by Limitation Act 1984 Sch 3. 49
Subs (4) amended by Land Registration (Amendment) Act 1995 Sch 4. 50
Subs (1) amended by Land Registration (Amendment) Act 1995 Sch 4. 51
Subs (1) amended by Land Registration (Amendment) Act 1995 Sch 1. 52
Subs (2) amended by Land Registration (Amendment) Act 1995 Sch 1. 53
Subs (3) amended by Land Registration (Amendment) Act 1995 Sch 1. 54
Subs (4) amended by Land Registration (Amendment) Act 1995 Sch 1. 55
S 53 amended by Land Registration (Amendment) Act 1995 Sch 1. 56
Subs (1) amended by Land Registration (Amendment) Act 1995 Schs 1 and 2. 57
Subs (2) amended by Land Registration (Amendment) Act 1995 Sch 1. 58
Subs (3) amended by Land Registration (Amendment) Act 1995 Sch 1. 59
Subs (4) amended by Land Registration (Amendment) Act 1995 Schs 1 and 2. 60
Subs (6) amended by Land Registration (Amendment) Act 1995 Sch 1. 61
Subs (1) amended by Land Registration (Amendment) Act 1995 Sch 1. 62
Subs (2) amended by Land Registration (Amendment) Act 1995 Sch 1. 63
Subs (1) amended by Land Registration (Amendment) Act 1995 Sch 1 and by Mental
Health Act 1998 Sch 5.
Land Registration Act 1982 Endnotes


c AT 7 of 1982 Page 71

64
Subs (2) amended by Mental Health Act 1998 Sch 5. 65
S 57 substituted by Land Registration (Amendment) Act 1995 s 11. 66
S 58 substituted by Land Registration (Amendment) Act 1995 s 11. 67
Subs (1) amended by Land Registration (Amendment) Act 1995 Sch 1. 68
Subs (2) amended by Land Registration (Amendment) Act 1995 Sch 1. 69
Subs (3) amended by Land Registration (Amendment) Act 1995 Sch 1. 70
Subs (4) amended by Land Registration (Amendment) Act 1995 Sch 1. 71
Para (i) amended by Land Registration (Amendment) Act 1995 Sch 1. 72
Para (ii) amended by Land Registration (Amendment) Act 1995 Sch 1. 73
Subs (1) amended by Land Registration (Amendment) Act 1995 Sch 1. 74
Subs (2) amended by Land Registration (Amendment) Act 1995 Sch 1. 75
Subs (3) amended by Land Registration (Amendment) Act 1995 Sch 1. 76
Subs (1) amended by Land Registration (Amendment) Act 1995 Sch 1. 77
Subs (2) substituted by Land Registration (Amendment) Act 1995 s 12. 78
Subs (2A) inserted by Land Registration (Amendment) Act 1995 s 12. 79
Subs (2B) inserted by Land Registration (Amendment) Act 1995 s 12. 80
Subs (2C) inserted by Land Registration (Amendment) Act 1995 s 12. 81
Para (i) amended by Land Registration (Amendment) Act 1995 Sch 1. 82
Subs (3) amended by Land Registration (Amendment) Act 1995 Sch 1 Para (ii)
amended by Land Registration (Amendment) Act 1995 Sch 1. 83
Subs (4) amended by Land Registration (Amendment) Act 1995 Sch 1. 84
Subs (3) substituted by Land Registration (Amendment) Act 1995 s 13. 85
Subs (3A) inserted by Land Registration (Amendment) Act 1995 s 13. 86
Subs (3B) inserted by Land Registration (Amendment) Act 1995 s 13. 87
Subs (3C) inserted by Land Registration (Amendment) Act 1995 s 13. 88
Para (a) amended by Treasury Act 1985 Sch 2. 89
Subs (4) amended by Treasury Act 1985 Sch 2. 90
Subs (1) amended by Land Registration (Amendment) Act 1995 Sch 1. 91
Subs (2) amended by Land Registration (Amendment) Act 1995 Sch 1. 92
Subs (3) amended by Land Registration (Amendment) Act 1995 Sch 1. 93
Subs (1) substituted by Land Registration (Amendment) Act 1995 s 14. 94
Subs (1) substituted by Land Registration (Amendment) Act 1995 s 14. 95
Subs (2) amended by Land Registration (Amendment) Act 1995 s 14 and Sch 1. 96
Subs (2A) inserted by Land Registration (Amendment) Act 1995 s 14. 97
Subs (3) amended by Land Registration (Amendment) Act 1995 Sch 1. 98
Subs (5) added by Land Registration (Amendment) Act 1995 s 14. 99
Para (b) amended by Land Registration (Amendment) Act 1995 Sch 1. 100
Subs (3) amended by Civil Partnership Act 2011 Sch 14. 101
Subs (2) amended by Land Registration (Amendment) Act 1995 Sch 1. 102
Subs (1) amended by Statute Law Revision Act 1983 Sch 2 and by Treasury Act 1985
Sch 2. 103
Subss (1) and (2) repealed by Statute Law Revision Act 1983 Sch 2.
Endnotes Land Registration Act 1982


Page 72 AT 7 of 1982 c

104
Subs (3) amended by Land Registration (Amendment) Act 1995 s 19 and by
SD155/10 Sch 7. 105
Subs (4A) inserted by Land Registration (Amendment) Act 1995 s 15. 106
S 77A inserted by Land Registration (Amendment) Act 1995 s 16. 107
Definition of ‘the 1961 Act’ inserted by Land Registration (Amendment) Act 1995
Sch 1. 108
Definition of ‘land’ amended by Land Registration (Amendment) Act 1995 s 17. 109
Definition of ‘the Land Registry’ substituted by Land Registration (Amendment) Act
1995 Sch 1. 110
Definition of ‘public authority’ amended by Government Departments Act 1987 s 7. 111
Definitions of ‘register’, ‘the register of freeholders’, ‘the register of leaseholders’
and ‘the register of subsidiary interests’ repealed by Registration of Land
(Amendment) Act 1995 Sch 2. 112
Definition of ‘registered burden’ amended by Land Registration (Amendment) Act
1995 Sch 1. 113
Definition of ‘registered charge’ amended by Land Registration (Amendment) Act
1995 Sch 1. 114
Definition of ‘the Registrar’ substituted by Land Registration (Amendment) Act 1995
Sch 1. 115
Definition of ‘the title register’ inserted by Land Registration (Amendment) Act 1995
Sch 1. 116
Subs (1) amended by Statute Law Revision Act 1983 Sch 2, by Land Registration
(Amendment) Act 1995 s 19 and by SD155/10 Sch 7. 117
Subs (2) amended by Treasury Act 1985 Sch 2 and by Land Registration
(Amendment) Act 1995 s 19. 118
ADO (whole Act, for the purposes of making orders and Land Registry Rules)
1/7/2000; (whole Act, for all other purposes) 1/11/2000 (SD276/00). 119
Sch 1 repealed by Land Registration (Amendment) Act 1995 Sch 2. 120
Entry 1 amended by Land Registration (Amendment) Act 1995 Sch 1. 121
Entry 2 repealed by Land Registration (Amendment) Act 1995 Sch 2. 122
Entry 3 amended by Land Registration (Amendment) Act 1995 Sch 1. 123
Subpara (b) substituted by Land Registration (Amendment) Act 1995 Sch 1. 124
Subpara (1) substituted by Conveyancing Act 1985 Sch 1. 125
Subpara (2) repealed by Conveyancing Act 1985 Sch 2. 126
Paras 2 to 4 repealed by Conveyancing Act 1985 Sch 2. 127
Para 5 amended by Conveyancing Act 1985 Sch 2 and by Land Registration
(Amendment) Act 1995 s 18. 128
Subpara (2) added by Land Registration (Amendment) Act 1995 s 18. 129
Para 9 added by Land Registration (Amendment) Act 1995 s 18. 130
Para 4 amended by Land Registration (Amendment) Act 1995 Sch 1. 131
Para 5 amended by Land Registration (Amendment) Act 1995 Sch 1. 132
Para 8 amended by Limitation Act 1984 Sch 3. 133
Para 11A inserted by Telecommunications Act 1984 Sch 2.
Land Registration Act 1982 Endnotes


c AT 7 of 1982 Page 73

134
Para 11B inserted by Flood Risk Management Act 2013 s 85 and amended by
SD2014/06. 135
Para 14 amended by Town and Country Planning Act 1999 Sch 9. 136
Part II amended by Land Registration (Amendment) Act 1995 Sch 1. 137
Para 9A inserted by Flood Risk Management Act 2013 s 85. 138
Para 2 amended by Land Registration (Amendment) Act 1995 Sch 1. 139
Paras 3 and 4 repealed by Land Registration (Amendment) Act 1995 Sch 2. 140
Para 2 amended by Land Registration (Amendment) Act 1995 Sch 1. 141
Subpara (a) amended by Land Registration (Amendment) Act 1995 Sch 1. 142
Para 5 amended by Land Registration (Amendment) Act 1995 Sch 1. 143
Para 2 amended by Land Registration (Amendment) Act 1995 Sch 1. 144
Para 7 amended by Land Registration (Amendment) Act 1995 Sch 1. 145
Item (b) amended by Land Registration (Amendment) Act 1995 s 13. 146
Item (bb) inserted by Land Registration (Amendment) Act 1995 s 13. 147
Item (d) added by Land Registration (Amendment) Act 1995 s 13. 148
Subpara (a) substituted by Land Registration (Amendment) Act 1995 s 13. 149
Subpara (aa) inserted by Land Registration (Amendment) Act 1995 s 13. 150
Subpara (ab) inserted by Land Registration (Amendment) Act 1995 s 13. 151
Subpara (ac) inserted by Land Registration (Amendment) Act 1995 s 13. 152
Para 3A inserted by Land Registration (Amendment) Act 1995 s 13. 153
Item (d) added by Land Registration (Amendment) Act 1995 s 13. 154
Subpara (a) amended by Land Registration (Amendment) Act 1995 Sch 1. 155
Subpara (b) amended by Land Registration (Amendment) Act 1995 Sch 1. 156
Para 10 amended by Statute Law Revision Act 1989 Sch 1. 157
Para 11 amended by Treasury Act 1985 Sch 2. 158
Para 3 amended by Land Registration (Amendment) Act 1995 Sch 1. 159
Para 4A inserted by Land Registration (Amendment) Act 1995 s 15. 160
Para 6 amended by Land Registration (Amendment) Act 1995 Sch 1. 161
Para 8 amended by Land Registration (Amendment) Act 1995 Sch 1. 162
Subpara (a) substituted by Land Registration (Amendment) Act 1995 Sch 1. 163
Subpara (b) amended by Land Registration (Amendment) Act 1995 Sch 1. 164
Para 11 amended by Land Registration (Amendment) Act 1995 Sch 1. 165
Para 12 substituted by Land Registration (Amendment) Act 1995 s 15. 166
Para 12A inserted by Land Registration (Amendment) Act 1995 s 15. 167
Para 18A inserted by Land Registration (Amendment) Act 1995 s 15.

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