• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

To what extent do you think these aims have been (or will be) facilitated by the systems of land registration under the Land Charges Act 1925, the Land Registration Act 1925 and under the reforms set out in the Land Registration Act 2002.

Extracts from this document...


"It has been policy of the law for over a hundred years to simplify and facilitate transaction in real property" To what extent do you think these aims have been (or will be) facilitated by the systems of land registration under the Land Charges Act 1925, the Land Registration Act 1925 and under the reforms set out in the Land Registration Act 2002. Land is a form of property1, which has been for hundreds of years, and still is today one of the most significant possessions in civilisation. Land is different to other forms of property2, and because of these such features it makes it feasible for more than one person to have a relationship and rights with a piece of land. The practical application of land law is the two-stage process of conveyancing3, the proof of ownership and the discovery of any encumbrances burdening the land. To facilitate conveyancing, the number of rights recognised by the law as having proprietary standing is restricted4, and to be documented they need to be both clear and easily identifiable. The identification of what rights are held in a piece of land and the rival interests of the various parties who hold them, lies at the very heart of land law. The holding of an equitable interest in another's land necessitates the need to protect it by ensuring it binds the purchaser on transfer. The most important aspect in the law of property is that "once a particular right is recognised as part of the law of property, or a proprietary right, it takes affect against successive owners of the land in question"5 This leads to a number of consequences, influenced largely by the desire that land can be easily transferable. Before 1925, in transaction of a property the seller had to prove he had 'title' to pass on and was not subject to any unidentified commitments and through a very burdensome process all legal and equitable interests in the land had to be traced back in time some thirty years. ...read more.


The knock on effect of these changes being that far more estates will be eligible to be registered under the new act.. Under the 1925 legislation in order to register an estate it had to be either a fee absolute in possession or a lease exceeding 21 years, this is due to change to leases of seven years or less, with a power to reduce it further. Formally it was only the sale that used to trigger registration but now the law is bringing in the reform of any transfer for valuable or other consideration. The former rule of registration being void if the estate was not registered within two months from the date of transfer is set to be changed to the estate being held on a trust. There was a real endeavour to change under the reformed act the present rules of adverse possession or 'squatters rights' as they are more commonly known; to provide better protection for the owners of 'registered land'. The act will make it much harder for an occupier to establish adverse possession to combat the general feeling that the law was too favourable to squatters under the 1925 legislation39. There is emphasis on the disapplication of periods of limitation40 of which there was formerly no period of limitation under s. 15 of the LA 1980 (c.58)41. One important feature of the current legislation that is due to be changed by the new Act is that of overriding interests, the major area of criticism under the registered land system due to the fact that people can find that they have bought estates which are subject to adverse interests which are not clear from the register and difficult to determine. The two distinct lists42 of the interests that are not registrable are set out in the act but are narrowed quite intensely43. The protection of the interests of third parties over registered land by 'notices' and 'restrictions' was reduced by the new Act44. ...read more.


These changes, taken together, are likely to be even more far-reaching than the great reforms of property law that were made by the 1925 property legislation." 38????? "a complete and accurate reflection of the state of the title of the land at any given time, so that it is possible to investigate title to land online, with the absolute minimum of additional enquiries and inspections" 39 Newspaper Article 'Widow gains squatters' right over $10 land' 40 s. 96 LRA 2002 41 s. 15 LA 1980 (c.58) "Time limits in relation to the recovery of land- shall run against any person, other than the chargee, in relation to an estate in land......the title to which is registered." 42 1. those interests relevant to the first registration of title; 2. Those interests dealing with registered land. 43 http://www.hmso.gov.uk/acts Land Registration Act 2002 Explanatory Notes, p. 4 "The ambit of particular categories will be abolished altogether, and others will be phased out after ten years" 44 s.32 (1), s. 33, s. 40, s.42 (1), s. 46 LRA 2002, 45 http://www.hmso.gov.uk/acts Land Registration Act 2002 Explanatory Notes, p. 4 46 http://www.easyconvey.com "Shown by the fact that only twenty percent of land is left unregistered, guaranteeing some �2000 billion worth of property". 47 s. 3 (1) LCA 1972 A land charge shall be registered in the name of the estate owner intended to be affected. 48 Diligent Finance Co. v Alleyne [1972] A wife sought to register a class F land charge against her husband, whom she knew by the name Erskine Alleyne. Unknown to her, he had a middle name, Owen. The finance company searched against the full, correct version and obtained a clear certificate of search, and her attempted registration was held to be ineffective. 49 The Acts were the Trustee Act 1925 (TA 1925), Law of Property Act 1925 (LPA 1925), Land Registration Act 1925 (LRA 1925), Land Charges Act 1925 (LCA 1925)(now replaced by the Land Charges Act 1972 (LCA 1972) and Administration of Estates Act 1925 (AEA 1925) 1 ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our AS and A Level Sources of Law section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related AS and A Level Sources of Law essays

  1. Marked by a teacher

    The english legal system unit1 assignment3 three part question

    3 star(s)

    .For example in the case of Inland Revenue -v- Hinchy (1960) where the House of Lords had to construe the meaning of a provision in one of the Finance Acts which imposed a penalty of "treble the tax that ought to be charged under this Act" against anyone incorrectly completing a tax return.

  2. "The main aims of the Land Registration Acts were to give certainty to title ...

    The charges register has information on any third party rights over the land (excluding overriding interests) that may reduce the registered proprietor's full use and enjoyment of the land. There are said to be three underlying 'principles' of the land registration system.

  1. Commercial law discussion - 'Transfer of Title by a Non-Owner'.

    The Factors Act itself was passed in 1889 to protect third parties dealing with professional or 'mercantile' agents acting in the ordinary course of their business. Such agents would have authority to sell goods or consign goods for sale or to buy goods or to raise money on the security of goods.

  2. How effective were the Liberal Reforms between 1906 and 1914?

    Limits on working-hours in other industries were not set, which meant that in many cases people were working long hours for small wages. The Liberals also extended the Workman's Compensation Act of 1897 in its scope to cover some six million workers from poverty due to injury at work.

  1. Explain the development of Equity.

    The Earl then went to the Court of Chancery who felt that it would be 'against good conscience' to act in favour of the college as it had acted unfairly. The two courts totally contradicted each other and so it was left to the King to decide which would be accepted.

  2. To advise Reggie, it is necessary to look at the law of adverse possession. ...

    From above, it can be seen that Reggie is a licensee; hence, he has no interest in the land. However, Reggie can argue that since he has exclusive possession of the property, therefore he is not a licensee. This point is quite crucial because if Reggie has no interest in

  1. 'Schedule 3, para.2 Land Registration Act 2002 protects the purchaser at the expense of ...

    This is stated in Schedule 3, para.2 (b) and (c) which read as follows: Interests of persons in actual occupation 2 An interest belonging at the time of the disposition to a person in actual occupation, so far as relating to land of which he is in actual occupation, (will be overriding)

  2. The Land Registration Act 2002 heralds major changes to the law and procedures regarding ...

    The rights of squatters who had succeeded under the old law were protected for a transitional period (13 October 2003 until 13 October 2006) and by the end of that period, the LRA 2002 will fully implement in this area.

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work