Land Law

Land Law

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)[1]. 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 suc...

... middle of paper ...

... is not possible for a

Restriction to protect an interest that is or could be subject to

notice.

[31] See Williams (2003)

[32] An inhibition, which was previously protected under the LRA 1925,

is now protected under a Restriction in the 2002 Act.

[33] It makes it more difficult for a squatter to acquire that is

registered at the land registry. This is beneficial in terms of

providing an incentive for owners of unregistered land to apply for

voluntary registration. There are also transitional provisions to

protect squatters who satisfy the old rules – see Land Registration

Act 2002, Real estate review (2003-2004).

[34] The LRA 2002 seeks to reduce the number of overriding interests,

and replace as many as possible with entries on the register – Land

Registration Act 2002, Real estate review (2003- 2004).