Clause 11 - Freehold estates

Part of Land Registration Bill [Lords] – in a Public Bill Committee at 11:45 am on 11 December 2001.

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Photo of Michael Wills Michael Wills Parliamentary Secretary, Lord Chancellor's Department, Parliamentary Secretary (Lord Chancellor's Department) 11:45, 11 December 2001

I hope that I can rapidly reassure the hon. Gentleman. It may help the Committee if I read the parts of the Bill that deal with those issues. Clause 11 states:

''If the proprietor is not entitled to the estate for his own benefit . . . as between himself and the persons beneficially entitled to the estate, the estate is vested in him subject to such of their interests as he has notice of.''

Clause 12 states:

''If the proprietor is not entitled . . . solely for his own benefit, then, as between himself and the persons beneficially entitled to the estate, the estate is vested in him subject to such of their interests as he has notice of.''

I therefore suggest that the amendments are unnecessary. Clauses 11 and 12 are clearer than section 5(c) of the Land Registration Act 1925, which does not suggest that there are two different situations to consider.

The amendments would add to the length of the clauses without adding to their clarity, and although I understand their probing nature, I hope that the hon. Gentleman will not press them.