Re: Redemption payment fa
Posted: October 16th, 2020, 9:53 pm
Quite so, CK. Your comments on unregistered titles in general are sound.
I myself came across them in practise from time to time.They are somewhat more common than a ‘layman’ might imagine.
They occasionally seemed to crop up (sorry for the pun) in relation to farms, where the land had been passed from one generation to another by will followed by assent (which transmission as far as I recollect, did not trigger first registration, at that time, anyway).
However I was commenting specifically in the context of the “value” (or otherwise ) of deeds held by mortgagees after the mortgage had effectively been paid off. In that scenario, if the original mortgage (of unregistered land) had been given so long ago that it did not trigger first registration, then the documents held by the mortgagee might still be “valuable” in that they would be needed to prove title, but the mortgage would have had to have been granted so long ago that this would, as I said, be “very rare”.
I myself came across them in practise from time to time.They are somewhat more common than a ‘layman’ might imagine.
They occasionally seemed to crop up (sorry for the pun) in relation to farms, where the land had been passed from one generation to another by will followed by assent (which transmission as far as I recollect, did not trigger first registration, at that time, anyway).
However I was commenting specifically in the context of the “value” (or otherwise ) of deeds held by mortgagees after the mortgage had effectively been paid off. In that scenario, if the original mortgage (of unregistered land) had been given so long ago that it did not trigger first registration, then the documents held by the mortgagee might still be “valuable” in that they would be needed to prove title, but the mortgage would have had to have been granted so long ago that this would, as I said, be “very rare”.