The Law of Real Property

‘The aims of any system of registered title should be certainty, simplicity and the ability to be economic’

In the light of this statement, critically consider the structure and major provisions of the Land Registration Act 2002 How far and by what means does the new legislation seek to achieve the aims stated above?

This essay will discuss the major provisions of the Land Registration Act 2002 and its economic affects. This essay will also look at the history of registration in order to demonstrate its relevance.

The concept of registration of property is not something that has come about in recent years; the idea began at the time of William the Conqueror in 10661. Once in England, William declared all land to be his and this view has remained ever since, who ever rules the country owns the land. The law was used as currency, in the way that is was given to a chosen few, for example, the Church and Lords in return for prayers and knights respectively, but ultimately it belongs to the Crown.

The development of land law from this point relates to the doctrine of tenures and a ‘slice of time’2 in the land. It was therefore of benefit to know who was living on the land so that a form of rent could be collected from them. Registration aided this. The system of tenure is no longer in use but concept of a ‘slice of time’ from the Sovereign still applies.

Registration principally means that a national body records the title in the land. This means that potential investigators in the land can obtain all relevant information regarding a property gaining ‘a full picture as possible.’ The Registry then has a responsibility to any person who buys the land to inform them of interests in the land by other parties. ‘In matters relating to the title of land, certainty is of prime importance’ as stated by Lord Justice Fox3. Land has to be recorded though the Land Registry in order to maintain a catalogue of all purchasers and sellers of the land in England and Wales.

There will obviously be a difference to preceding legislation in this area as the way society lives is different from that of the Victorian period. Whether Registration is preparing for a new beginning is debatable it could be simply seen as an extension of the current law.

The Land Registration Act 1925 was brought into organised system, which was considered ‘archival work and form filling’ this will in the twenty-first century be in need of serious updating. With Registration applications being more ‘quickly, cheaply and informally’4 completed it suggests progression from the old system. Although the new legislation plans to bring in new provisions it does aim to reiterate a few areas, which are already implemented.

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The Land Registration Act 2002, which came into force October 13th of this year,  aims to ‘reform the statute law relating to land registration’5 and a number of other issues. It is a conclusion to six years of drafting which resulted in two Law Commission reports in the hope that it was.

Linda Chamberlain believes the ‘fundamental objective of the Act is’6 as the Law Commission stated, 7‘the register should be 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 ...

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