Page image
Page image

Land Transfer.

XXXVII

Registrar, with the concurrence of the Examiner, shall register the applicant as proprietor thereof. (2.) The person so registered as proprietor shall hold the estate or interest transmitted subject to all equities affecting the same, but for the purpose of any dealing therewith shall be deemed to be the absolute proprietor thereof. 125. Upon the registration of a transmission under any will or settlement the Registrar and Examiner of Titles may direct a caveat to be entered by the Registrar for the protection of the interests of persons appearing by such will or settlement to be beneficially interested in the estate or interest the subject of such transmission. 126. Upon the bankruptcy of the registered proprietor of any lease subject to mortgage under this Act, the Registrar, upon the application in writing of the mortgagee, accompanied by a statement in writing signed by the Official Assignee of the bankrupt's estate, certifying his refusal to accept such lease, shall enter in the Register the particulars of such refusal. 127. Such, entry shall operate as a transfer on sale, and the interest of the bankrupt in such lease shall thereupon vest in such mortgagee. 128. If such mortgagee neglects or declines to make such application as aforesaid, the Registrar, upon application by the lessor, and proof of such neglect or refusal and of the matters aforesaid, shall enter in the Register notice of the refusal of the Official Assignee to accept such lease, and such entry shall operate as a surrender of such lease. 129. Upon the production of proof of the marriage of a female registered proprietor of any land, estate, or interest under this Act accompanied by a statement in writing signed by such female proprietor to that effect, the Registrar shall enter on the Register and also upon the outstanding duplicate of title the name and description of her husband, the date of the marriage and where solemnized, and the date and hour of the production to him of the evidence of such marriage. Trusts. 130. (1.) Except as provided in Appendix I to this Act in relation to public reserves and other public lands, no entry shall be made in the Register of any notice of trusts, and no such entry, if made, shall have any effect. (2.) Trusts affecting land under this Act may be declared by any deed or instrument ; and such deed or instrument, or a duplicate or attested copy thereof, may be deposited with the Registrar for safe custody and reference, but shall not be registered. 131. Upon the transfer of any land, estate, or interest under this Act to two or more persons as joint proprietors, the transferor may insert in the memorandum of transfer or other instrument the words "No survivorship," and the Registrar shall note the same in the Register, and also enter the said words upon any certificate of title issued pursuant to such transfer. 132. Any persons registered as joint proprietors of any land, estate, or interest under this Act may, by writing under their hands,

Caveat may be entered on behalf of beneficiaries under any will or settlement. 1908, No. 99. s. 126

Transmission to mortgagee on bankruptcy of lessee. lb., s. 127

Entry to operate as transfer on sale. Ib.,s. 128 Transmission to lessor in default of mortgagee applying. lb., s. 129

Particulars of marriage of female proprietor to be registered. lb., s. 130

No entry of trusts to be made on Register except those specially authorized. lb., s. 131

Transferor may apply for entry of "No survivorship " on Register. lb., s. 132

Trustees registered as joint proprietors may similarly apply. lb., s. 133

31

Log in or create a Papers Past website account

Use your Papers Past website account to correct newspaper text.

By creating and using this account you agree to our terms of use.

Log in with RealMe®

If you’ve used a RealMe login somewhere else, you can use it here too. If you don’t already have a username and password, just click Log in and you can choose to create one.


Log in again to continue your work

Your session has expired.

Log in again with RealMe®


Alert