'The 'mirror' principle, the 'curtain' principle and the 'insurance' principle form the tripod on which the whole English and Welsh system of land registration rests'.Explain, in detail, these three principles.

(a) 'The 'mirror' principle, the 'curtain' principle and the 'insurance' principle form the tripod on which the whole English and Welsh system of land registration rests'. Explain, in detail, these three principles and discuss the validity of the statement quoted. and (b) What is an overriding interest and why is the concept important in relation to the transfer of title of land in England and Wales? (a) The object of registration of title is to make the transfer of land simpler, quicker, cheaper and safer. Previously in unregistered conveyancing, the vendor was required to produce documentary evidence of the past transactions over a period of 15 years to prove that he was the owner of the estate that he was selling. Registered conveyancing seeks to eliminate such lengthy inspections of deeds by putting in its place a register that can be inspected and prospective buyers can find a description of the land, the name of the registered proprietor and any third party registrable rights. The purchaser should at this stage have a complete up to date picture of the title of the property and if accompanied by a search of the local land charges register and a physical inspection of the land should afford adequate protection to any potential buyer. This system, however, is not perfect and certain rights are not registrable and may not be discovered even with the other checks

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  • Level: University Degree
  • Subject: Law
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