One of the key features of the land registration system is said to be the “mirror principle”. With reference to decided cases critically examine this principle and explain to what extent this feature has been enhanced by the implementation of the Land Registration Act 2002
There are two forms of the land registration system; unregistered and registered land. There are four rules that apply to unregistered land in order to protect the rights of sellers and buyers. When land is unregistered all prior legal interests will automatically bind the new owner of the land; this is because The Charges Act 1972 contains a list of burdens on unregistered land requiring protection of the land by entry in to the land charges register. If the land is subject to a trust then the buyer need not worry about any beneficiaries for when the buyer pays the trustees the beneficiaries interests become detached from the land and the money. Due to the Land Registration Act 2002 all unregistered land at the point of sale is required to be registered now.
The Land registration Act 2002 extends the range of events which trigger compulsory first registration making all titles to land registered. The primary aim of the LRA 2002 is to ensure the quick, efficient and inexpensive transfer of estates and interests in land while ensuring that third-party interests in land are properly protected. The interest must be a proprietary interest in the land for example possessory rights or an estate contract. Beneficial interest under a trust of land is sufficient as seen in the case of Boland; mrs boland’s husband the sole proprietor mortgaged the house to thebank and was unable to pay the loan. This led to the bank wanting to sell the house. The HOL decided that...
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...hey were stated on the land registry. As we have seen one of the main reasons for this not happening is because of the time and money consumption occurred when carrying out such a process. However; the LRA 2002 has made this process much cheaper and quicker and could be even cheaper and quicker woth e-conveyancing whereas the process of a potential buyer having to go to great lengths to make an investigation is rather farfetched and somewhat costly and coulld all be avoided if the interests were recorded. Even though the LRA 2002 encourages land registration, it is only at first registration; which doesn’t seem to solve the problem because they are mainly caused at second mortgages. By having interests registered, potential buyers feel assured that thanks to the mirror principle, what they see is exactly what they are getting.
The Land Reform Act of 1967 permitted the state of Hawaii to redistribute land by condemning and acquiring private property from landlords (the lessors) in order to sell it to another private owner, in this case, their tenants (the lessees). The Hawaii State Legislature passed the Land Reform Act after discovering that nearly forty-seven percent (47%) of the state was owned by only seventy-two (72) private land owners. That meant that only forty-nine percent of Hawaii was owned by the State and Federal Govermnet.The contested statute gave lessees of single family homes the right to invoke the government's power of eminent domain to purchase the property that they leased, even if the landowner objected. The challengers of the statue (the land owners) claimed that such a condemnation was not a taking for public use because the property, once condemned by the state, was promptly turned over to the lessee (a private ...
The novel, A Land Remembered, is the epic saga of three generations of MacIveys. The novel begins with a flash back, from the last generation MacIvey, Sol. Sol was a real estate tycoon in Miami and the surrounding areas. He has chosen to give up his life in Miami to live his last hours in the cabin in Punta Rassa , Florida; the cabin his grandfather had built. Thus, the three generations of MacIveys in Florida ends.
Fundamentally its object is to protect a person in actual occupation of land from having his rights lost in the welter of registration. He can stay there and do nothing. Yet he will be protected. No one can buy the land over his head and thereby take away or diminish his rights. It is up to every purchaser before he buys to make inquiry on the premises. If he fails to do so, it is at his own risk. He must take subject to whatever rights the occupier may have.
no-one will bother you on your land” (pg.105). This incident leads to a long chain of corrupt acts. All community members signed, rather, finger printed the document and we’re assured “they could rely on this paper as it is the title to the land”. 105). The 'Standard' is a 'Standard'.
Does the introduction of a system of registration of title remove the need for the law to recognise possessory or equitable interests in land? Why? Why not?
In American history the adjective used to describe the 1920s is known as the “Roaring” twenties. During the decade Florida had its own adjective used to describe the real estate market known as the “Land Boom”. The Florida land boom of the 20s was Florida’s first big real estate bubble. During the great land boom of the 20th century Florida saw tens of thousands of Americans flood to the state to move or purchase land. By looking at the how this development of real estate began, who was affected, and how the “Boom” became a soft clap by the end of the decade one can see the immediate impact this event had on the United States.
In 1992, the doctrine of terra nullius was overruled by the High Court in the case Mabo v Queensland (No.2) [1992] HCA 23. After recognising that the Meriam people of Murray Island in the Torres Straits were native title landholders of their traditional land, the court also held that native title existed for all the Indigenous people in Australia prior to European contact. To make the legal position of landholders and the processes that must be followed in claiming native title clear, the federal government passed the Native Title Act 1993 (Cth). The Native Title, which was drafted in 1993, attempted to provide a fair and just method of dealing with land in the future. However one of the fundamental flaws of the native title system is that the concept of native title was based on the prejudiced principle that the Crown had the power to extinguish traditional indigenous ownership of the land. Although the government could have been able to amend the flaws of the Native Title Act following the High Court’s decision in relation to the Wik Case, which laid the rules for co-existence and reconciliation of shared interests in the land, they failed to do so. Amendments to the Native Title Act in 1998 undermined any benefits the Indigenous people could have received, and provided the already-powerful non-Indige...
I think that he is trying to say that wilderness is something to be cherished and loved, because it gives definition and meaning to his life. His whole life was spent looking after and trying to preserve the wilderness. This is a plea for the preservation. I think that Leopold believes one day a lot of what we have today and he want it to be preserved so that in the future people have the chance to see there cultural inheritance like our ancestors let us see by preserving things.
The YouTube clip known as ‘The land owns’ us is about a Yankunytjatjara elder and traditional owner of Uluru (Ayer’s Rock), named Bob Randall. This clip is about Bob’s history and life in Uluru (Ayer’s rock) amongst the Muntujulu Community. He talks about the Stolen Generations and his connection to his land. Bob talks about being taken away by the police to Alice Springs, and being a part of the Stolen Generation. This dispossession from ancestral lands caused trauma to many Aboriginal peoples and impact on their connection to their lands.
Although, it appears to be the fact that the land is in this state due
person receiving the land, had to go through ceremony in which they would say that they
This is a book report about the book A Thousand Acres. Jane Smiley wrote this book, the grade level is 7.7 and it is worth twenty-seven points. This book is about three sisters who are each trying to be given a third of the farm corporation set up by their father. The aging father is trying to set up the corporation so that the daughters won’t have to pay inheritance taxes. The youngest daughter, Caroline, who happens to be a lawyer does not like this idea. Rose and Ginny think that it is a good idea, they live on the farm. Due to this disagreement the family gets into a big fight. Some not too good memories come out of the fight. The girlsremember the fact that their father molested Ginny and Rose.
-Common Law: the “law of the land”(Pool 127), which was built up over many centuries
The purpose of enacting The Land Registration Act 2002, was to combat the uncertainties evolved around the previous Act, Land Registration Act 1925 . The need for reforms was highlighted in a report by Law Commission known as Land Registration for the 21st Century: a Conveyancing Revolution . LRA 2002 repealed LRA 1925, not only simplify the law by maintaining an accurate record of all the rights and alongside interests held by others that affect the land, but also to give certainty the basic concepts engrossed by the 1925 Act as it can be very clearly evident that 2002 Act revolves around the original and principle ideas with amendments.
In order to secure land tenure for the urban informal settlers, different countries have introduced licenses or Certificates in different names. However they all have the same objectives. For instance, in Zambia residents are issued with a 30-year Occupancy Licences while the area undergoes through the process of upgrading. These can be later replaced by certificates of title, which carry the same effect as if the landowner were obtaining a direct lease of the land from the state (UN-Habitat, 2012). In Botswana, Certificate of Use is issued to informal dwellers so as to encourage them on further housing investment (Durand-Lasserve, 2006). In Brazil, Concession of the Real Right to Use is issued to residents. The validity period of these licences varies between 30 and 50 year periods but subject to renew (Van der Molen, 2002).