Page:An essay on the transfer of land by registration.djvu/25

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BY REGISTRATION.
21

CHAPTER III.

HOW TRANSFERS AND OTHER DEALINGS ARE CONDUCTED UNDER THIS DUPLICATE METHOD OF CONVEYANCING BY REGISTRATION OF TITLE.

The register is compiled by binding together the duplicates of all certificates of title representing the freehold. Each of these certificates represents a distinct root of title, and constitutes a distinct folium of the register, which folium may comprise one or more pages for recording the memorials of mortgages or other dealings, whether with the fee-simple or any lesser estate or interest, and whether subsisting at the time of issuing the certificates, or subsequently created.

In the case of transfer of the fee of part only of the land comprised in any certificate of title, the memorial of such transfer may be entered on the existing certificate, or the transferor may take out a fresh certificate for the balance unsold, but in such cases it is obligatory on the transferee to take out a fresh certificate, which will then form a fresh root of title, occupying a separate folium of the register. (See Model Register Book and Examples, Schedule A, annexed.) Printed forms of contract are provided at the Registry Office and at stationers' shops. All covenants essential to the use and enjoyment of estates and interest, the subject of contract, are declared to be implied and usual, though not essential. Covenants may, by the use of brief forms of words, be stipulated as effectually as if set forth at length. These instruments when executed are valid as agreements between the parties, and as authority for the registrar to enter the memorial.