'The Land Registration Act 1925 was not intended to alter the practice of physical inspection, which was to remain subject to doctrine of notice. More recent interpretations fail to recognise this fact'. Discuss

The first 200 words of this essay...

Name: Divya Basanta Lala

Class Group 6

2003 Exam Paper Question 6B

'The Land Registration Act 1925 was not intended to alter the practice of physical inspection, which was to remain subject to doctrine of notice. More recent interpretations fail to recognise this fact'.

Discuss, with reference to S70(1)(g) of the Land Registration Act 1925 (now Schedule 1, para 2, Schedule 3, para 2 of the Land Registration Act 2002)

Introduction

The Land Registration Act (LRA) 1925 was one of the main statutes born from the 1925 code of legislation. The main purpose of the 1925 legislation was to make land more freely alienable and to reduce the onerous task of a purchaser in investigating title, whilst at the same time affording protection to the owners of equitable interests in the land. The main problem in land law is to achieve a balance between the interests of a purchaser (which includes a lesser and a mortgagee) on the one hand, and those who hold an equitable interest in the land on the other hand. The LRA 1925 brought a totally new system of conveyancing which required eventual registration of title to all land.