Observations Upon the Land Transfer Bill, 1887Waterlow & sons, Limited, 1887 - 20 pages |
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Observations Upon the Land Transfer Bill, 1887 (1887) John Frederick Brennan No preview available - 2008 |
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absolute title adoption advantage alteration AMENDMENT ACT appear arbitrary Barrister-at-Law BILLS OF SALE cheapen cloth Committee compelled compulsory registration conveyancing cost of transfer deeds delay devised district registries effect England entails estate tail expense forgery fraud hardship hitherto House of Commons indefeasible insurance fund intestacy investigation of title JOHN BRENNAN kind LAND TRANSFER BILL Law and Practice LAW RELATING Law Society legatee Liabilities LONDON WALL Lord Cairns Lord Chancellor Middle Temple mode of registration OBSERVATIONS obtained offices owner Parliament pass into law payment of debts personal representatives personalty Petty Sessions piece of land possessory title powers Practice of Petty procure proposed registration proved provisions pulsory purchaser or mortgagee real estate real property regards registered proprietor registration of titles registration scheme Section Settled Land Act settlement shew small properties solicitors Sons Limited sub-section Summary Jurisdiction Act system of registration transfer of land tration urged WATERLOW & SONS
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Page 10 - Chancellor that he has not yet seen any way in which the registration of titles could be made compulsory,' and then, ' without expressing any final opinion ' upon the Lord Chancellor's observation, the Committee 'think it sufficient to observe that it would be very difficult to force upon every purchaser or mortgagee in this country a mode of dealing with his property which not one purchaser or mortgagee in twenty thousand at present adopts of his own accord.
Page 6 - The voluntary outpouring of the public feeling, made to-day, from the North to the South, and from the East to the West, proves this sentiment to be both just and natural.
Page 9 - Committee attribute this to the fact that " rightly or wrongly the public, " or their professional advisers, have deliberately made " up their minds that the advantages offered by the " new system of registration are too speculative and " remote to compensate for the immediate and certain " outlay and trouble which are inseparable from it. " To a certain extent, too, the...
Page 9 - ... to consider what the people want ; they were appointed to consider and report what is the best that can be given to the people in the way of legislation tending to secure and to simplify the Titles and Transfer of Land. Let us take another example of their reasoning. They are informed in evidence ' that no system of registration of titles can be devised which will be voluntarily adopted ; and, on the other hand, they are told by the Lord Chancellor that he has not yet seen any way in which the...
Page 9 - ... the gauntlet of a certain " amount of more or less stringent official scrutiny upon " every fresh dealing with their property, aggravated, " in the case of applications for the registration of an " absolute title, by the fear of its resulting in the " detection of a flaw in their title.
Page 9 - ... advisers, have deliberately made " up their minds that the advantages offered by the " new system of registration are too speculative and " remote to compensate for the immediate and certain " outlay and trouble which are inseparable from it. " To a certain extent, too, the result may be attributed " to an almost superstitious reverence for title deeds " which prevails in this country, and partly to the " preference which Englishmen, as a rule, feel for " managing their own affairs in their own...