Anna Pope


The understanding and basis of land law in this country today largely stems from the substantial amount of legislation, which was developed in, and around 1925. It is important to note that reforms aimed to simplify and rationalise substantive law. Over the years there have been many developments and adjustments to the 1925 legislation, but the essential framework has all in all remained the same until 2002. When the Land Registration Act 2002 was enacted and implemented in October 2003.

The policy objectives of the Land Registration Acts 1925 and 2002 was to simplify conveyancing by registering all titles to land in a central register. The 2002 Act aims to make the register more comprehensive and to pave the way for the introduction of electronic conveyancing (in a few years). It is also concerned with developing the concept of an open register for the public and requires registration of title whenever land is transferred or given to its first legal mortgagee. There are a broad variety of rights, which may bind land, and it is recognised that these rights can cause difficulties in the dealing of land. It was recognised in the 1925 legislation that the aspect of third party rights or interests which was an area of complexity.

For the purpose of this assignment the examination of third party interests in land will be examined. Primarily it is important to examine pre 1925 legislation and post 1925 legislation relating to third party interests in registered and unregistered land. As there has been a shift in legislation in recent years, the key focus is how the Land Registration Act 2002 to an extent has been successful in overcoming problems with the protection of third party interests in earlier legislation. Although the LRA 2002 has been re- vamped and appears to seek to provide a more 21st century approach to land registration. The fundamental question, is how the law should strike a balance between the interests of third parties and the interests of the purchasers of the land involved?

Before the 1925 legislation came into force, the basic rules of land registration were governed by the pre- 1925 rules. A buyer of a legal interest was bound by all pre- existing legal and equitable interests. Prior to the 1925 reforms equitable interests were governed by the doctrine of notice.

According to the post 1925 rules a buyer in good faith and for value of a legal interest is bound by any pre-existing legal interest. Any interest must be properly registered under the Land Charges Act 1972 and any other interest which has not been overreached, and of which the buyer has notice being, actual, imputed or constructive. Failure to register or failing to register in the correct class could lead to the land charge being void. As in the case of Midland Bank Trust Co Ltd v Green

Dealings with unregistered land follow three sets of rules, which have to be applied in turn. After 1925 general procedure in unregistered land was altered by the introduction of registers. The result of this meant that if an interest was registered on the correct register then it would bind the buyer and be classed as ‘actual notice’ of the charge. If the interest was not registered it would not be binding. 

Join now!

The 1925 legislation radically reduced the number of estates and third party rights that may survive at law and therefore limited the number of interest that could bind the purchaser.

The 1925 legislation required that equitable rights would either be overreachable or registrable regardless of whether the purchaser new or not they were bound by legal interests. The major purpose of the LPA 1925 in relation to unregistered conveyancing is to bring certainty and stability to third party rights in land. Under 1925 legislation a number of areas needed to be noted in order to examine the operation of ...

This is a preview of the whole essay