Registration of Title Act 1964

Defeasance of registered owner’s estate.

60

60. (1) In case of the defeasance of the estate or interest of a registered owner of land, that is to say, where—

( a) under a power of sale conferred by a mortgage effected before the first registration of the land, or

( b) under a deed poll executed in pursuance of the Lands Clauses Acts or in pursuance of any statutory provision to the same effect, or

( c) under a sale in execution of any judgment or order of a court, or

( d) under a power of appointment, or

( e) under a vesting order, or

( f) under any enactment, or

( g) in any other case not provided for by this Act, and which may be prescribed,

the ownership of the land passes to another person otherwise than by transfer from the registered owner or from his personal representatives, then, subject to general rules, F73 [ the Authority ] shall, on the application of that person and on production of the prescribed evidence, register him as owner of the land.

(2) Unless F73 [ the Authority ] is satisfied that the application is made with the concurrence of the registered owner or, in case of his death, F74 [ ] of his personal representatives, F74 [ ] F73 [ the Authority ] shall, subject to general rules, before registering the applicant as owner of the land, give notice of the application to the registered owner or, in case of his death, F74 [ ] to his personal representatives F74 [ ] and F73 [ the Authority ] may, if F75 [ it ] thinks fit, decline to register the applicant as owner of the land, except in pursuance of an order of the court.