Impact of the land registration act 2002

Download the report summary The problem An effective land registration law is essential for everyone who owns land, whether the land is a home, a business or an investment.

Overriding interests and the Land Registration Act 2002

We have made recommendations for reform and await a Government response. Opening Options Different options to open legislation in order to view more content on screen at once Explanatory Notes Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified.

The exception is that upon the application of a person who appears to have a sufficient interest in the restriction, the registrar may order that the restriction be disapplied or modified in relation to a particular disposition or disposition of a specified kind.

Subsection 5 c exempts local land charges. As explained in paragraphsection gives the Lord Chancellor power to reduce the qualifying time for the registration of leases, and this section anticipates a reduction by providing that notices cannot be entered for leases of 3 years or less the likely minimum qualifying period.

Personal representatives can apply to alter the register to bring it up to date by registering the applicant as proprietor.

Since when the Boland case was decided, a number of cases have been decided where the emphasis of the courts has been to identify the limitations of the Boland judgment and how it is not as open as was initially thought to be.

This section enables the Lord Chancellor to add new events to those that trigger compulsory registration, by statutory instrument to be laid before Parliament.

Are the necessary resources available. Title does not have to be perfect — if the registrar believes that any defect will "not cause the holding under the title to be disturbed", absolute title will be given — s.

This provision is new, and is designed to avoid a conveyancing trap that such reversionary leases may create. Effects of the legislation Increased cost of taking a lease of more than seven years Under the legislation it will be compulsory to register any lease which is granted for a term of more than seven years.

Comm 1 Page 7 of 13 Land Law would the case law itself have narrowed the application of overriding interests to the point that it would have just existed as text of the act. Under the present law, persons having or claiming to have an interest in unregistered land of a kind that entitles them to object to a disposition being made without their consent, may apply to lodge a caution with the registrar.

The reason for it is that cautions against first registration are not intended to provide a substitute for first registration. If it is necessary to repeat a transaction because it became void under the provisions in Section 7, the person who is responsible for the registration is liable to the disponor or mortgagee for all the proper costs of and incidental to the repeated disposition.

This includes dispositions by operation of law, but with some limited exceptions. Importance of Boland case in matrimonial houses registered under a single owner This case established some very important rules about overriding interests and these are still being followed today.

Absolute title — This shows there is nothing dubious about the title. Section 31 provides that the effect of a disposition of a registered estate or charge on an Inland Revenue charge under section of the Inheritance Tax Act is to be determined in accordance with the relevant provisions of the Act, and not under sections 28 to 30 of the Act.

This could potentially reducing the bargaining power of landlords and restrict the rent that they are able to command on their premises.

Land Registration Act 2002

With over 25 million registered titles in England and Wales — ranging from residential flats to farms and shopping centres — any inefficiencies or uncertainties in the land registration system can also have a significant impact on the property market, and the wider economy.

How important is it: This provision is new and is designed to meet the following situation. Likely to include consultation events and paper, making provisional proposals for comment Policy development: Defective titles may still be registered as absolute if the registrar considers that the defect will not cause the holding under the title to be disturbed.

We published a consultation paper on 31 March Could include approaching interest groups and specialists, producing scoping and issues papers, finalising terms of project Consultation: Could include further issues papers and consultation on draft Bill Reported: What are the potential benefits of reform?. explanatory notes relate to the Land Registration Act which received Royal Assent on 26 February They have been prepared by the Lord Chancellor's Department (LCD) in order to assist the reader in understanding the Act.

They do not form part of the Act and have not been endorsed by. *Conv.

Updating the Land Registration Act 2002

The Land Registration Act has been received with much critical acclaim, and rightly so. It is a work of monumental importance and monumental effort. Land Registration Act ( and ) The Land Registration Act is an Act of Parliament with the purpose of regulation of the role and practice of Her Majesty’s Land Registry (HM Land Registry).

*Conv. The Land Registration Act has been received with much critical acclaim, and rightly so. It is a work of monumental importance and monumental effort.

Land Registration Act Introduction. The core aim of the Land Registration Act (LRA) is “to ensure that ownership of land in England and Wales takes the form of ‘title by registration’, rather than ‘registration of title’." The impact of the Act on adverse possession.

Arguably, the. iv the law commission updating the land registration act a consultation paper contents paragraph page glossary xiv part 1 introduction to the project and to land registration 1.

Impact of the land registration act 2002
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Land Registration Act - Wikipedia