The Land Registration Act Essay: The Land Registration Act The work involved in investigating an unregistered title is far greater than that involved with a registered title. Ownership of unregistered land is evidenced by deeds, mostly conveyances.
To assist in providing the explanation, this essay will use academic textbooks, academic journal articles, lecture notes and stated cases from land disputes, as well as internet sources such as the websites of the Land Registry and the Law Commission.
It was based on duties and rights resting essentially on land ownership, tenure and the resultant relationship between the Crown and the Lords who were given parcels of land in return for services to the Crown.
It should be noted that a person cannot own land as all land is still owned by the Crown, but rather they have a right in the land or an estate in the land. These will be discussed in due course, after we have explored the legal definition of land and its terminology. The law has also held that whoever owns the land owns everything up to the heavens and down to the depths of the earth, but overriding interests essay writer case of Bernstein v Skyviews 4 demonstrated that a land owner only has rights that extend to a height necessary for the ordinary use and enjoyment of his land.
It is important to note that there are different rules to be applied to items of value, depending on whether they were found on the land or in the land as seen in the case of Parker v British Airways Board .
Now that a definition of land has been provided, one can move on to examine the Land Registration Act so that it can be compared to the Land Registration Act to see if there has indeed been a revolution in the sphere of property law. The Act was also considered a revolution at the time it was introduced, and it was brought in to reduce legal estates and interests capable of existing in order to simplify land law as well as providing mechanisms for dealing with equitable interests.
The Act also aimed to reduce the scope for the Doctrine of Notice, which was a system for determining when a party had notice of an equitable interest, and it was divided in to three types.
The most important part of the Act was the introduction of a formal land registry, in which registration constituted actual notice of the interest. One of the most controversial aspects of the Act was Section 70 which dealt with overriding interests.
The controversy arose from the fact that there was a category of property right that could bind a purchaser of a registered title without that interest appearing on the register. This was introduced because some overriding interests are so minor they could not all be registered and with public rights of way, it is not always clear who should register them.
Some of the most important changes that the LRA introduced were the reforms to the system of registration of title to land, including changes to rules relating to adverse possession, overriding interests, leases and how third party interests in land are protected. Each of these new changes shall be discussed in due course, the first of which shall be the registration system.
The registration system is now governed by the Land Registry, and has an open principle, which means that under Section 66 1 any person may inspect the register of title.
Adverse Possession is a means of informally acquiring title to land in both the registered and unregistered systems. The strong emotions that this topic generates are one of the reasons why the law in this area was reformed in the Act.
When considering unregistered land, the adverse possessor needs to be in actual possession for 12 years before he can apply for title. This now means that very specific criteria have to be met to make a successful claim of adverse possession when the land is registered, and this is now more unlikely to happen.
This development to curtail the number of adverse possession claims was also assisted in October when the Human Rights Act became law in this country, and under Article 1, a person now has a human right to peaceful enjoyment of their possessions and it guards against deprivation of possessions.
The Legal Aid, Sentencing and Punishment of Offenders Act has now gone even further than the LRA by making it a criminal offence to squat in a residential building, although it only applies if they entered as a trespasser, not if they stay on at the end of a lease or a licence.
Another welcome advantage that the new LRA has over the LRA is that the new Act was intended to facilitate the introduction of e-conveyancing, short for electronic conveyancing. In property law, conveyancing is the transfer of legal title of property from one person to another or the granting of an encumbrance such as a mortgage.
It should be noted here that if a person wants to create or transfer a legal estate or interest in land then they must use a deed, which is a document that has a legal bearing. Clearly, it can be seen that the government would like to see as little unregistered land as possible, and to see a system in place where it will be the fact of registration and registration alone that confers title.
The Act has undoubtedly brought land and property law in to the modern age, even though it can be seen that the Act shares much with its older brother from The changes to the rules regarding adverse possession, and the fact that it has now become harder to acquire title through adverse possession, are a change welcomed by most.
The introduction of a formal land registry, one that allows the inspection of the register of title, is another sound concept that has brought benefits, as has the changes regarding overriding interests. The LRA has also made it compulsory to register an estate in land when one of four events occurs, such as the transfer of a freehold estate.
The Act has brought with it welcome changes, and brought land registration in to the modern age, although it has not represented a revolution in the sphere of property law. The law concerning land and property has changed fundamentally, the most welcome change being that surrounding adverse possession, but e-conveyancing must now catch up to bring the UK in to line with other EU countries, and land law must continue to evolve and adapt in an increasingly technical and modern society.
Only when this has been achieved can the LRA claim to be truly revolutionary.Essay Writing Planet Despite the reduction of overriding interests in the Land Registration Act , the presence of overriding interests is still a serious and unjustified distortion of the mirror principle.
This essay shall aim to provide an explanation as to whether or not the passage of the Land Registration Act has fundamentally changed any area of property law in England and Wales.
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|Essay: The Land Registration Act - Essay UK Free Essay Database||The Law Commission together with HM Land Registry began a joint programme to update and reform statute law relating to the procedural registration of land, and the inherent problems involved within the transactional process. One of the concerns dealt with by this process was to consider the rights of a purchaser who buys the title to land and then discovers that the land in question is subject to unregistered third party interests.|
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