Successive purchases of several undivided shares.

(a) Above, p. 382.

(h) See below, Chap. XVIII. Sec. 1.

(c) See above, p. 386, n. (p); below, Sec. 10 of this chapter.

Conveyance on purchase of an undivided share alone.

Purchase of undivided shares from different owners.

(d) Above, p. 382.

(e) See stat, 60 & (31 Vict. c. 65, s. 14 (l), allowing the registration 01 undivided shares in land.

Successive purchases of undivided shares from the owner of the entirety.

(g) Stat. 60 & 61 Vict c. 65, s. 24; above, p. 382.

(h) The argument in favour of the necessity of registration would be that by the conveyance of the last remaining share the title to apply for registration in respect of the whole property is completed. But even if this be admitted, it is difficult to see how registration of title could be required to pass the legal estate in that share, without depriving of all meaning the proviso that the Act is not to render compulsory the registration of the title to an undivided share in land. For it seems impossible to contend that, to effect this result, registration of the title to the whole property would be necessary.

Completion of a contract to buy the entirety by successive conveyances of undivided shares.

(i) See above, pp. 382, and n. (f), 390, n. (h) (k) Above, p. 389.

If any purchaser of unregistered land situate in a compulsory district should desire to avoid registration of his title at all costs and to leave no stone unturned to secure an unimpeachable title, he might adopt the following plan: - Contract to buy (say) 999/1000th divided shares of Blackacre for 999/. with an option to be exercised within four weeks after completion to purchase the remaining 1/1000th share for 1l., such option if exercised to be completed by deed declaring the vendor a trustee for the purchaser and empowering the purchaser to remove him and appoint new trustees in his place (m). Complete the sale of the 999/1000ths by deed of grant, which should also contain the terms of the option (n). After this, exercise the option to buy the remaining 1/1000th share and complete that sale in the manner provided. Let the purchaser subsequently appoint new trustees and vest the 1/1000th share in them, and let them convey the legal estate therein to him. This plan would, enable the purchaser to obtain the legal estate in all but a very small share of the property proposed to be sold before parting with the bulk of his purchase money, and would make use of every possible precaution against the necessity of registering the title to the last 1/1000th share (o). And it is thought that this plan would prove to be effective.

Suggested scheme for avoiding registration of title in a compulsory district.

Conveyances of lands forming part of the great level of the Fens called Bedford Level are valid, although not registered in the Bedford Level Office, for all purposes except for entitling the grantees to the privileges conferred by the Bedford Level Act (p) on the owners of such lands and for the other purposes of the Act (q).

Lands forming part of Bedford Level.

(l) See above, pp. 389, 390, 11. (h).

(m) See above, pp. 387, 388.

(n) The object of this is that it may appear on the face of the title deeds that no title to apply for registration in respect of the last 1/1000th share, and consequently of the whole property, was conferred on the purchaser previously to the exercise of his option to buy that share; see above, pp. 389, 390, n. (h), 391. (o) See above, pp. 388 sq.