Land Certificate - Law Dictionary Search Results
Home Dictionary Name: land certificateLand certificate
Land certificate, means a document entitling a person to receive from the government a certain amount of land by following prescribed legal steps. It contains an official description of the land, as well as the name and address of the person receiving the entitlement, and is prima facie evidence of the truth of the matters it contains. Also termed land warrant, Black's Law Dictionary, 7th Edn., p. 882....
Registration of title of land
Registration of title of land. The (English) Land Registration Act, 1925 (15 Geo. 5, c. 21), repeals and re-enacts the (English) Land Transfer Acts, 1875 (38 & 39 Vict. c. 87) and 1897 (60 & 61 Vict. c. 65), with amendments in keeping with innovations which were introduced by the property laws of 1925. Its object is to simplify the indicia of land ownership and transfer by mere inscription and transcription in a register. The advantages which are claimed for the system are (a) purchasers for value of an absolute or good leasehold title are absolved from any inquiry into the title other than it is shown to be on the register; (b) certain equitable claims which would be binding on the land under the general law and cannot be removed or over-reached without onerous formalities do not affect such purchasers; (c) the method of conveyance or charge is simple; (d) subject to the statutory provisions, registration guarantees the title to purchasers for value and mortgagees. It should be observ...
Priority Notice
Priority Notice, of charge under (English) Land Charges Act, 1925. By the (English) Law of Property (Amendment) Act, 1926, s. 4, persons intending to register a charge, instrument or matter under the Land Charges Act, 1925, may give notice at the (English) Land Charges Department of the Land Registry at least two days before the registration, and the effect of the notice is to relate the date of registration of the charge, instrument or matter as provided by s. 4 if the application to register is presented within fourteen days after the date of entry of notice, and refers to the notice: thus protecting the person intending to register from incumbrances created subsequently to the notice and before application to register.A form of notice providing temporary protection for an application about to be made for first registra-tion of land at the Land Registry (see (English) Land Registration Rules, 1925); also a notice protecting the priority of an intended dealing in registered land; the ...
Searches
Searches, an essential feature in the acquisition of land sine registration under the (English) Land Charges Act, 1925, in the land or local registries of any incumbrance which is required to be registered under that Act is notice (q.v.) to the purchaser and all persons connected with the land affected [see s. 198, (English) Law of Property Act, 1925, and see (English) LAND CHARGES]. Searches are necessary, not only in the Land Registry, but at the office of the local authority for local land charges. Searches may be made personally in each of the registers under the (English) Land Charges Act, 1925, but the usual practice is to apply for and obtain an official certificate of search at the Land Registry, which covers all the registers there, viz.: (1) pending ss. or lis pendens; (2) writs and orders affecting land, such as writs of execution or orders appointing a receiver, bankruptcy petitions and receiving orders; (3) deeds of arrangement; and (4) land charges under s. 10 of the (Eng...
Certificate
Certificate, a testimony given in writing to declare or verify the truth of anything. Certificates are frequently referred to or required by Statute. A certificate is the usual evidence of the title to shares in a company. See (English) Companies Act, 1929, ss. 67 and 68; for Certificate of Incorporation, see ss. 15 and 329, ibid.; and commencement of business, s. 94, ibid., and s. 82, ibid., as to registration of charges. Also ALIENS and Share Certificate; and see Land Certificate.A document in which a fact is formally attested, Black's Law Dictionary, 7th Edn.Trial by certificate, which has long been obsolete, took place in those cases in which the evidence of the person certifying was, by custom or otherwise, the only proper criterion of the point in dispute; see 3 Bl. Com. 333.As to when certificates and examined copies are admissible in evidence, consult Taylor on Evidence, and the (English) Documentary Evidence Act, 1845 (8 & 9 Vict. c. 113) (UK).As to the Master's Certificate in...
Local land charges
Local land charges. Charges on land acquired at anytime by any local authority, including county, borough or rural district councils under the Public Health Metropolis Management or Private Street Works Act, or under any similar statute (public, general or local or private) passed at any time, must be registered in the local land-charge registry (see (English) Local Land Charges Rules,1927, S.R. & O., 1927, 869/L, 33), as provided by the Land Charges Act, 1925, s. 15, as amended by (English) Law of Property (Amendment) Act, 1926, or they will be void as against a purchaser for money or money's worth of a legal estate in the land affected. The following are included: town planning schemes and resolutions, and restrictions created after 1925 on user of land or buildings, imposed or enforceable by a local authority with some exceptions [see s. 15 (7) (b), ibid.], and this applies to local land charges affecting both registered and unregistered land. As to searches and official certificate...
Land trust certificate
Land trust certificate, means an instrument granting the holder a share of the benefits of property ownership while the trustee retains legal title, Black's Law Dictionary, 7th Edn., p. 884....
Notice under the Land Registration Act, 1925 (English)
Notice under the Land Registration Act, 1925 (English). An entry on the register affecting the registered proprietor of the land and persons desiring title under him with notice of the estate claim or other matter comprised in the notice (see s. 48 of the Act). Leases exceeding 21 years, annuities or rent-charge, severance of mines or minerals, land charges, deposits of land certificates ae, inter alia, subject-matter of notice on the register. Consult Fortescue-Brickdale and Stewart Wallace on the Land Registration Act, 1925....
Debenture
Debenture [fr. debeo, Lat., to owe] may be defined generally as a charge in writing [not necessarily sealed, see British India, etc., Co. v. Commissioners of Inland Revenue, (1881) 7 QBD 165] of certain pro-perty with the repayment at a time fixed of money lent by person therein named at a given interest, but the term is a very elastic one. The word 'debenture' is of ancient origin and appears to have been in use five centuries ago (Palmer's Company Precedents, Pt. III., p. 1); and a document which, though it mentions to security and is only a promise to pay, is properly described as a debentures, and as a marketable security will require to be stamped as such, Spenyer v. Inland Revenue Commissioners, (1907)1 KB 246. By the (English) Companies Act, 1929, s. 380, a debenture is defined as including debenture stock, bonds or other securities of a company whether constituting a charge on the assets of the company or not. The charge created by debentures as a rule is fixed on the company's...
Conclusive proof
Conclusive proof, the certificate of purchase has its own 'conclusive' evidentiary value to the extend provided in S. 72K(2) of the the Kerala Land Reforms Act, 1963 in proceedings before the Taluk Land Board. It will therefore be for the Board to arrive at its own decision under sub-s. (5) of s. 85, according to the law, and it will be permissible for it to examine, where necessary, whether the certificate is inaccurate on its face, or has been obtained by fraud or collusion, Chettiam Veettil Ammed v. Taluk Land Board, AIR 1979 SC 1573 (1580): (1980) 1 SCC 499: (1979) 3 SCR 839. [Kerala Land Reforms Act 1963, s. 72K(2)]When one fact is declared by this Act to be conclusive proof of another, the court shall, on proof of the one fact, regard the other as proved, and shall not allow evidence to be given for the purpose of disproving it. (Evidence Act, 1872, s. 4)When one fact is declared by this Act to be conclusive proof of another, the court shall, on proof of the one fact, regard the ...
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