Discuss using case law what changes the Land Registration Act 2002 has made to actual occupation or to the receipt of profits from the Land Registration Act 1925 s.70(1)(g).

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Discuss using case law what changes the Land Registration Act 2002 has made to actual occupation or to the receipt of profits from the Land Registration Act 1925 s.70(1)(g).


Today, there are two systems of conveyancing in England and Wales. The majority of land is ‘registered land’ and is governed by LRA2002 and the older system of unregistered land, which is governed partly by the rules of common law and equity and partly by provisions contained in the 1925 property legislation.  The LRA2002 entered into force on 13 October 2003 and significantly amended the original scheme. It is intended to shorten and simplify the conveyancing process, while promoting certainty for buyers, vendors and anyone who possesses any relevant third-party interests.

How Land Registration Works:

If land has not been registered before, the purchaser buys the land subject to the old rules of unregistered conveyancing. Title is investigated under the traditional rules and the seller must show a 15 year good root of title. The purchaser then has a duty to register his legal estate. Failure to do so within time limit will result in the purchaser losing his legal estate in land. The registry is responsible for investigating title before first registration; it will check the accuracy of all the documents of title and, if satisfied, it will then register the new owner as proprietor on the Proprietorship Register.  Once registered, the Land Registry guarantees the accuracy of the registration of title. A title information document is issued with an official copy of the Register and an official copy of the title plan. These documents have no legal effect. It is the official entry on the register that records ownership. The Land Charges Register and the doctrine of notices are irrelevant to registered land. Acc to sec27(1)Legal titles does not from vendor to purchaser with conveyance or transfer, the purchaser only becomes the legal proprietor when the disposition is registered at the land registry.

The register will set out a description of the land, name the rightful owner and identify any interests that affect the value of the land. Furthermore all records, including copies of any documents in support of interests which affect the land are kept at the Land Registry, thus there is no requirement for a proprietor to produce a bundle of deeds to prove devolution of title. Once the land is registered, there will be no difficulty proving title in the future. Therefore the investigation of title is faster and less complex. In addition, HM Land Registry guarantees title meaning that any person who suffers a loss due to a mistake on the register which requires rectification will be entitled to payment of an indemnity from the Registry.

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First Registration of Title:

Today, any dealing in a legal estate which has an unregistered title will make it subject to compulsory registration. The 2002Act refers to ‘events’ triggering compulsory registration. The only estates which can continue to have unregistered title are those estates which are not subject to any dealing at all in the title. The 2002Act makes registration compulsory on any event concerning the estate. According to s.2 some of these include a gift of an unregistered estate, a transfer in pursuance of an order of the court and the creation of first legal mortgage of a free hold ...

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