The Land Registration Act 2002 has been in force for almost fifteen years. When enacted, the legislation, which replaced the Land Registration Act 1925, was intended to offer a clear and lasting framework for the registration of title to land in England and Wales. However, perhaps confounding the ho
New Perspectives on Land Registration: Contemporary Problems and Solutions
β Scribed by Dixon, Martin; Goymour, Amy; Watterson, Stephen
- Publisher
- Bloomsbury Publishing PLC
- Year
- 2018
- Tongue
- English
- Leaves
- 491
- Category
- Library
No coin nor oath required. For personal study only.
β¦ Table of Contents
Preface
Table of Contents
List Of Contributors
Table Of Cases
Table Of Statutes And Statutory Instruments
PART I: FOUR PERSPECTIVES ON MODERN LAND REGISTRATION SYSTEMS
1. A (Former) Law Reformer's Perspective: Reforming the LRA 2002aΜ#x80
#x94
Catalysts and Questions
Preface
I. Problems Arising Within the LRA 2002
II. Fundamental Issues Underlying Land Registration Reform
2. The Land Registry's Perspective: The Practical Challenges of Land Registration
I. Introduction
II. Registration, Alteration and Objection
III. Registration, Fraudsters and Indemnity
IV. Registration and Plans. V. Registration and Adverse PossessionVI. Conclusion
3. The Land Registration Jurisdiction: An Analysis of the First Twelve Years
I. Introduction
II. Historial Background to the Jurisdiction
III. The Position Post-13 October 2003
IV. The Birth of the Property Chamber, and the Adjudicator's Demise
V. The Position as at 1 July 2013
VI. Conclusion
Appendix
4. A Broader Development Perspective: Economic and Political Drivers of Worldwide Land Registration Reform
I. Interdisciplinary Perspectives
II. Economic Theories
III. The Land Administration Link
IV. Conclusion. PART II: CONTEMPORARY PROBLEMS AND SOLUTIONSA. THE NATURE OF REGISTERED TITLE
5. Adverse Possession Under the LRA 2002
I. Introduction
II. The Interaction Between the LRA 2002, Schedule 6 and the Limitation Act 1980
III. Problems Associated with First Registration of Titles
IV. Acknowledgments of Title
V. Defects in the Form NAP Counter-Notice
VI. Paragraph 5 of Schedule 6
VII. The Conundrum of Parshall v HackneyaΜ#x80
#x94
Double Registration and Adverse Possession
VIII. Endnote
6. The Continuing Relevance of Relativity of Title Under the Land Registration Act 2002
I. Introduction. II. A Preliminary Point: What is 'Title Relativity'?III. Relativity of Title under the LRA 2002 Registration Regime
IV. Conclusions: The Future of Title Relativity
B. ALTERATION AND INDEMNITY
7. Guaranteed Title: No Title, Guaranteed
I. Introduction
II. Background
III. The Case Law
IV. Conclusions from the Case Law
V. Consequences of the Three Characteristics ofAΜ DecisionAΜ Making
VI. A Change of Perspective or a Change to the Statute: Guarantee of Title, or Guarantee that no Other Title Exists?
8. Can Rectification be Retrospective?
I. Introduction
II. The Facts of Gold Harp. III. The IssuesIV. Was there a Short Answer on the Facts of the Case?
V. The Principal Issue
VI. What were the Consequences of Dismissing the Appeal?
VII. What Would the Consequences have been if the Appeal had been Allowed?
VIII. What are the Wider Consequences of the Gold Harp Case?
9. Assessing Rectification and Indemnity: After Gold Harp and Swift 1st
I. Introduction
II. The Background: Statutory Provisions
III. The Decisions in Gold Harp and Swift 1st
IV. RectificationaΜ#x80
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the Meaning of Mistake
V. Rectification and Subsequent Registrations.
β¦ Subjects
Great Britain -- Land Registration Act 2002;Great Britain -- Land Registration (Scotland) Act 1979;Land titles -- Registration and transfer -- Great Britain;LAW -- Administrative Law & Regulatory Practice;Land Registration Act 2002 (Great Britain);Land Registration (Scotland) Act 1979 (Great Britain);Land titles -- Registration and transfer;Great Britain
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