New Perspectives on Land Registration: Contemporary Problems and Solutions

✍ Scribed by Amy Goymour; Stephen Watterson; Martin Dixon (editors)

• Publisher: Hart Publishing
• Year: 2018
• Tongue: English
• Leaves: 491
• Category: Library

✦ Synopsis

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 hopes of its drafters, the legislation’s interpretation and application has since generated many unanticipated problems which demand attention.
In this book’s twenty chapters, leading land law scholars, Law Commissioners past and present, judges, and Registry lawyers unpick key technical controversies, and expose underlying theoretical and policy concerns. Core issues addressed in these chapters include: the legitimate ambitions of registration regimes; the nature and security of title afforded by registration; the resolution of priority disputes affecting registered titles; the relationship between the general law and the registration regime; and new challenges presented by modern technological developments.

✦ 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 2002—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 Possession
VI. 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 SOLUTIONS
A.
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 Hackney—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 of Decision 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 Issues
IV. 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. Rectification—the Meaning of Mistake
V. Rectification and Subsequent Registrations
VI. The Right to Rectify as an Overriding Interest
VII. Indemnity—General Considerations
VIII. Forged Transfers and Schedule 8, Paragraph 1(2)(b)
10. De-throning King Midas: The New Law of Land Registration in Scotland
I. Introduction
II. The Question of Policy: Who is to be Protected?
III. The Question of Technique: How is Protection to be Conferred?
IV. Concluding Remarks
11. Lack of Proper Care
I. Introduction
II. Legal Background: The Statutory Framework
III. Conceptual Foundations: The Care Requirement and Relationship Settings
IV. Care and Alteration Claims: What Should be Required of Acquirers of Land?
V. Care and Alteration Claims: What Should be Required of Existing Owners?
VI. Care and Indemnity Claims
VII. Conclusion
12. Reforming the Indemnity Scheme
I. Introduction
II. The Indemnity Scheme and Privatisation
III. Land Registration's 'Insurance'
Principle
IV. The Purposes of the Indemnity Scheme
V. Why Review the Indemnity Scheme?
VI. Key Policy Questions for Law Reformers
VII. Conclusion
C. PRIORITIES BETWEEN COMPETING INTERESTS
13. Priority Contests Involving Registered Titles
I. Introduction
II. Contests Between Registered Dispositions and Pre-Existing Proprietary Interests: 'Disposition Priority Contests'
III. Proprietary Contests Between Competing Rights When They do not Affect a Registered Disposition: 'Inter Se Priority Contests'
IV. Priority Contests Following Mistakes: 'Mistake Priority Contests'
V. Priority Contests When Use Challenges Entitlement: Adverse Possession Priority Contests
VI. Food for Thought
14. Subrogation, Priority Disputes and Rectification: Mapping a Route Through the Thicket
I. Introduction
II. Will Subrogation Subvert the LRA 2002's Framework?
III. What Rights Does Subrogation Afford?
IV. How are Priority Disputes Resolved?
V. What is the Role for Alteration/Rectification?
VI. Conclusions
D. THE LAND REGISTRATION REGIME AND THE GENERAL LAW
15. A Tale of Three Promises: Setting the Scene
I. Land Registration Regimes and the General Law
II. Three Fundamental Promises
III. Key Themes
16. A Tale of Three Promises: (1) The Title Promise
I. Introduction
II. Basis of the Title Promise
III. Key Vulnerabilities
IV. Future Challenges
17. A Tale of Three Promises: (2) The Priority Promise
I. Introduction
II. Derivative Interests Affecting a Registered Title: First Registration
III. Derivative Interests Affecting a Registered Estate: Subsequent Registered Dispositions
IV. Future Challenges
18. A Tale of Three Promises: (3) The Empowerment Promise
I. Introduction
II. Basis of the Empowerment Promise
III. Key Vulnerabilities
IV. Future Challenges
E. THE MECHANICAL CHALLENGES OF LAND REGISTRATION IN A MODERN SOCIETY
19. Lessons from Scottish Land Registration Reform: Changes Under the Bonnet
I. Introduction
II. Scottish Registration Regimes
III. Legal Changes Brought About by the 2012 Act: Stripping Down and Rebuilding the Engine
IV. Changes in Thinking and Approach: Transitional Attitudes to the New 2012 Regime
V. Conclusion
20. Automating State Guarantee of Title Systems: System Design and Possible Outcomes—Australasian Thoughts
I. Introduction
II. Where We Have Come From
III. The Argument for Transactional Security
IV. The Need for Change
V. Tools for Analysis
VI. Australasian Automation Proposals
VII. What is the Difference in Risk?
VIII. Recognition of the Influence of the Reasons to Automate
IX. Who Carries the Risk of Abuse Under Automated Systems?
X. How Automated Systems are Introduced into Operation
XI. Four Possible Proposals
XII. Concluding Remarks
Index