Is the purchaser bound to have regard to notice given to him of unregistered interests? of getting in or releasing things declared not to be incumbrances or outstanding estates or interests not affected by registration; see above, pp. 1064, 1066.

(p) See above, p. 1079, n. (m).

(q) Above, pp. 1073, 1075.

(r) Above, p.1070. It is thought that persons entitled to any unregistered estates or interests in registered land who do not protect themselves by such entries in the register as are available in and appropriate to the particular case, but allow the registered proprietor to remain the apparent owner on the register, with unrestricted statutory powers of disposition, will be estopped from otherwise asserting their claims against persons taking under an exercise of any of such powers; see above, p. 1072, and n. (e). Consider also stat. 60 & 61 Vict, c. 65, s. 7 (3).

(s) It is thought that the provisions of the Land Transfer Acts as to notice (see above, p. 1073) would not be construed so as to absolve persons acquiring unregistered legal estates in registered land from the effect of notice of equities.

Notice of a bare right or equity.

(t) See Cozens-Hardy, L. J., Capital & Counties Bank, Ld. v. Rhodes, 1903, 1 Ch. 631, 655, 656; and consider Black v. Williams, 1895, 1 Ch. 408, 421, decided on the Merchant Shipping Acts, 1854 and 1862, the language of which appears to be no stronger than, if so strong as, that of the Land Transfer Acts and Rules.

{u) Above, p. 1073.

(x) Above, pp. 1061, n. (p, q, r), 1073.

(y) Above, pp. 747, 766.

(2) Above, pp. 899 - 902.

(a) Above, pp. 744, 766. (b) See Co. Litt. 345 b.

(c) See Gresly v. Mousley, 4 De G. & J. 78, 93.

(d) That is, the kind of fraud which Courts of Equity held to be committed when a purchaser or mortgagee of land in a register county registered his conveyance in priority to some previous assurance, of which he had notice; above, p. 352 and n. (s).

(e) See above, pp. 1072, n. (e), 1073, 1081, n. (r); and Battison v. Hobson, 1896, 2 Ch. 403, 412.

27(2)

It should be observed that in any case where it appears from information furnished by the vendor, or obtained elsewhere, that the registered proprietor of registered land is a trustee for some other person, without power of sale (f), or has created or is subject to any unregistered estate, interest or equity, adverse to his own registered proprietorship, it is questionable whether he is in a position to enforce, either specifically or at law, a contract made by himself alone for sale of the land; for he has not shown what is requisite to establish a good title (g). The vendor may indeed allege that he has an over-riding statutory power of disposition, which is paramount to all unregistered interests (h); but he can only exercise this power to the prejudice of unregistered rights by a registered transfer for value or charge (i); and the question is whether he is enabled of his own motion so to put an end to unregistered estates, which may have been created by his own act and for value. The Court may possibly hold that the ease is parallel to that of a sale, under the old law, of land which the vendor had already parted with by some voluntary conveyance (k); and that the Court will not interfere to assist the vendor to get rid, by registration of a transfer or charge from himself, of any lawful estates or interests which would otherwise remain perfectly valid. But if this should be so decided, it is thought that, as in the parallel instance (k), the purchaser would be entitled to enforce the contract in every case where the unregistered estate, interest or equity would be extinguished or defeated by the registration of a transfer from the registered proprietor to himself (l). If this suggestion be correct, a purchaser of registered, land who had received notice of unregistered estates or interests adverse to the vendor's title, would have two courses open to him: - He might object to the title, and refuse to complete except with the concurrence of all persons entitled to the unregistered interests (m); or, if the unregistered interests were such as would be extinguished by the transfer to himself and remained unprotected on the register, he might proceed with his purchase (n).

Can a vendor of registered land enforce the contract where there are unregistered estates or interests outstanding in other persons?

(f) Above, p. 268.

(g) Above, pp. 130 - 134.

(h) Above, p. 1074 & n. (p).

(i) Transfers made without valuable consideration are subject, so far as the transferee is concerned, to any unregistered estates, rights, interests or equities, subject to which the transferor held the same; stat. 38 & 39 Vict. c. 87, ss. 33, 38.

Under the Land Transfer Acts (o), any conditions restrictive of the use of land, such as are capable of affecting assigns by way of notice (p), may be entered in the register. It is submitted that, unless such restrictive conditions be so entered in the register, or come under the head of rights or interests exempted from the effect of registration with a qualified, good leasehold or possessory title (q), a purchaser of registered land need pay no regard to any notice he may receive of the existence or creation of such conditions (r).

Restrictive conditions.

(k) Above, p. 375, n. (n).

(l) The vendor could not raise the defence of want of mutuality if the purchaser sued for specific performance of the agreement; above, pp. 1001, 1002: nor, it is thought, could he raise the defence of a superior equity (above, p. 1000); for the Land Transfer Acts appear to subject the estates and interests created by unregistered disposition to the estate created by the statutory power of disposition given to the regis-tered proprietor; stat. 38 & 39 Vict. c. 87, s. 49; Capital & Counties Bank v. Rhodes, 1903, 1 Ch. 631, 655, 656.

(m) See above, pp. 132 - 135, 152.