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Land Transfer Bill, 1886.
January 26th, 1886.
No. 8.
MEMORANDUM.
This Bill is an amendment of Lord Cairns's Act of 1875, called the principal Act, and to understand its purport it is essential to
give a short description of the Act of 1875.
Part I. of the Act.-The first part of the Act provides for the Part I. of registration of three classes of persons, (1) the beneficial owners of Act of 1875, fee simple estates and long leasehold estates, (3) persons who have contracted to buy fee simple estates or long leasehold estates, (8) trustees for sale or donees of powers.
(1) absoluta
sory title:
In the case of freehold estates the proprietor may be registered Registration either with an absolute title or a possessory title or a qualified with absolute title. In the case of an absolute title or qualified absolute útlej title an examination of the title by the registrar takes place. In (2) 000 the case of a possessory title the proprietor only gives by affidavit (3) qualified primâ facie evidence of his title and serves certain notices. The difference between the absolute title and the possessory title consists in this, that in the case of the absolute title no claim whatever is allowed against a registered proprietor, whilst in the case of a possessory title the estate of the first proprietor is subject to any antecedent claims. A qualified title differs only from an absolute title in the reservation of certain specified outstanding claims which in the examination of the title may appear not to have been cleared up.
The estate of the registered proprietor is subject to any incum- Inherent brances entered on the register, and to certain rights and easements which are described as follows in the Act :---
(1.) Liability to repair highways by reason of tenure, quitrenta, crown rents, heriots, and other rents and charges having their origin in tenure; and
(2.) Succession duty, land tax, tithe rentcharge, and payments in
lieu of tithes, or of tithe rentcharge; and
(8.) Rights of common, rights of sheepwalk, rights of way, watercourses, and rights of water, and other casements; and (4.) Rights to mines and minerals; and
(5.) Rights of entry, search, and user, and other rights and reser- vations incidental to or required for the purpose of giving full effect to the enjoyment of rights to mines and minerals, or of property in mines or minerals; and
12.-8.
Habilities of registered
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