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A restriction on the proprietorship register prevents the registration of a disposition unless complied with.
He, therefore, ordered that the proprietorship register be rectified by the removal of their names and the substitution of Mr. Steed's name.
The Hammonds' names were entered in the proprietorship register as owners of the property in place of Mr. Steed.
'First, registers of title made pursuant to the Act of 1925 consist of three parts, namely the property register, the proprietorship register and the charges register.
At p. 158 he made clear the opinion of the court that, on the assumed facts, the court would have power to rectify the charges register against the mortgagees as well as the proprietorship register against the Hammonds.
He claimed rectification of the proprietorship register, by the removal of the Hammonds' names and the insertion of his own name, and of the charges register by the deletion of the entries relating to the building society's charge and those of the other chargees.
The terms of the mortgage may in any event require that the mortgagee be joined as a party to any document affecting the property subject to the charge in its favour, and in registered conveyancing there may be a restriction to this effect on the proprietorship register.
In the latter case, the registrar is bound to register the transfer as he holds the land certificate (in contrast to the charge certificate, which is held by the mortgagee) unless there is a restriction on the proprietorship register requiring the consent of the mortgagee to such transfer.
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