THE Grey River Argus. PUBLISHED DAILY. TUESDAY, FEBRUARY 21, 1871.

Grey River Argus, Volume X, Issue 802, 21 February 1871, Page 2

THE Grey River Argus. PUBLISHED DAILY. TUESDAY, FEBRUARY 21, 1871.

As the County of Weatland has been proclaimed a Land Registry District under the Land Transfer Act, a summary of the provisions of that Act will no doubt be interesting to our readers. The Act itself is a very lengthy one although the process of giving effect to it is both short and convenient ; is much less expensive than the old system of conveying property, and supplies to purchasers or owners a title absolutely indisputable. \ny owner of land, or any person having * life interest in property may apply to have the land brought under the Act. The application must Btate also the nature of his interest, whether the land be mortgaged or not, and afford such other information as will enable the Registrar to make full enquiry into the claim. Any title deeds which the applicant may have must also be handed over to the Registrar, who, if he grant a guarantee, title, and certificate for the property, retains them. In all cases where the applicant holds a Crown Grant the certificate of title will issue as a matter of course ; in other cases the Registrar will make full enquiries into the previous dealings that way hare existed, and ascertain if the title claimed appears on the registry ; notice of the application will also be published three times in a local paper, and if within a certain time no caveat is entered against the application a title will issue. If it be discovered that the title of the applicant is not made out satisfactorily on the registry, notice is given to all persons who may appear to have an interest in the claim, and two months is allowed for such person to object to the issue of a certificate to the applicant. Should the investigation induce the Registrar to decline to give a title, the application csn ho withdrawn, and the applicant receive back his deeds ; if the enquiry be satisfactory, the old deeds are cancelled s\n<\ the applicant receives a certificate which "shall be conclusive evidence that the " person named in such certificate of title, " or in any entry thereon as seized of or "as taking estate or interest in the land " therein described, is seized or possessed "of such land for the estate or interest " therein specified ; and that the pro"perty comprised in such certificate of " title has been duly brought under the " provisions of this Act : and no certifi"cate of title shall be impeached or de- " feasible on the ground of want of notice " or of insfficient notice to bring the land " therein described under the provisions "of this Act, or on account of any error, " omission, or informality in such appli- " cation, or in the proceedings pursuant thereto by the District Land Registrar, or by the District Land Registrar in con junction with the Examiner of Titles." Applications can be ma<le through a Solicitor or authorised Land Broker, if there be one, at a cost of from ten to twenty shillings no 'ording tn the value of the property. The charges of the Registrar's Office ran c from two shi'linis tv one pound on the first application, and one pound .five shillings forthe. certificate ; a charge of one halfpenny in the pound ia also made as a contribution towards the Assurance Fund. Without giving the tables of fees in full, we may" state that they are in the whole as follows : — All lands purchased from the Crown after the Act is brought into force are registered forthwith, the fees payable being only 2s. for registration, and the assurance fee of $d. in the pound on the value. When the title consists of Grant dated on or subsequent to the 28th December, 1841, and none of the land included therein has been dealt, with, value of land .£IOO, charges £1 Us. 2d., increased by 4s. 2d. for every additional £100 in value. When the title is of any other description, the charges are— For the value of £100. £2 9s. 2d. ; £200, £2 18s. 4d. ; £400, £3 16s. Bd. ; increasing at the rate of 4s. 2d. for every additional £100 in value. The above charges also represent the cost of conveying land, inasmuch as an applicant can direct the certificate of title to be issued in the ttame of another person. The cost of dealing with land registered" under tM Act is- For transfer and other fees, £1 12s; register of mortgage, 125., a lease also being charged at the latter rate. The fee for registering the transfer or discharge of a mortgage or encumbrance, or the transfer or surrender of a lease is Ss. The following is an example furnished by the Registrar-General of the cost of a comparatively large transaction — A man possessed of land of the value of £LSOO, the title to which consists of a Grant dated on or subsequent to the 28th December, 1841, and none of the land included in which has been dealt with, desires to mortgage the same for £1000 He finds that he can effect the transaction under the Land Transfer Act upon payment of the following fees :- Application, 55.; registration, 25.; assurance fee (Ad. in the £), £3 23. 6d.; certificate <f title, £I— £4 9s. 6d. Mortgage, 12s. ; total, £6 Is. 6d. In this case, if the title were of any other description, the fees would amount to £Q 14s. 6d. When the mortgage is paid off, the fee for registering the discharge is ss. Those who have had occasion to bear the heavy charges hitherto accompanying the purchase, sale, or transfer cf property, will be able to estimate the great value of the new Act. Not only does it provide cheap machinery for these transactions, but it enables persons to exchange perhaps informal or incomplete titles for indisputable ones, whilst every care is taken to prevent the issue of certificates to the prejudice of rightful claimants or objectors by affording ample opportunity for lodging their objections, or taking proceedings to restrain the issue of the title. The Act contains full provision for meeting cases of fraud or wrongful issue of certificates, but such cases are not likely to bo numerous, whilst the benefits of the Act will be great and wide spread.