To What Extent Have the Main Aims of the Land Registration Acts Been Met?

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LLB(HONS) LAW

LAND ASSIGNMENT 2000/2001

To What Extent Have the Main Aims of the Land Registration Acts Been Met?

The aims of the extensive restructuring of English property law that took place in 1925 can be accurately summarised by Lord Upjohn1: "it has been the policy of the law for over a hundred years to simplify and facilitate transactions in real property. It is of great importance that persons should be able freely and easily to raise money on the security of their tenure." Prior to 1925, the system for the transfer of land remained complex and haphazard. The legislation of 1925 sought to rectify this by several means, the most notable of which was the expansion of the registered land system. The need for a comprehensive register of title to land had long been the primary ambition of law reformers. This is plainly evident in a 1857 Royal Commission2 which wanted land owners "to deal with land in as simple and easy a manner, as far as title is concerned..." The realisation of this goal depended ultimately upon a definitive record of the rights and obligations relating to all land in England and Wales3. Consequently, the