Land Registration Act 2002 - Essay Example

The Enforcement Rules Applying To Dealings with Registered s Are Vastly Superior To Those Applying To Dealings with Unregistered s Table ofContents Introduction 3 Arguments in Favor of Proving Superiority of the Enforcement Rules Applying to Dealings with Registered Titles over Unregistered Titles 4 Argument In Against of Proving Superiority of the Enforcement Rules Applying to Dealings with Registered Titles over Unregistered Titles 6 Critical Discussion 8 Conclusion 12 References 13 Introduction Law is an important part of a contemporary society. Civil society cannot exist without the persistence of a legal framework. Law has certainly made different societies problem-free and peaceful. Under the realm of different Acts, enforcement law is one such act, which protects and prevents society from crimes. The word Enforcement represents the Act of compliance with a law or obligation. Enforcement law is principally viewed to be one of the powerful and active Acts of society (Miller, 2006). Enforcement law is applicable for those members who violate the rules and regulations of a governing society. Under enforcement law, there lay certain rules along with regulations that certainly prohibit the conduct of illegal activities in a specific society. It can be apparently observed that every nation is enclosed with varied enforcement rules with the aim of making societies crime free. Thus, registered and unregistered titles certainly became the parts of Enforcement law (Geiger, 2013). Enforcement rules are made to minimize the number of unregistered titles from society. Specially mentioning, property related Acts generally fall under registered as well as unregistered titles. To make every property save and sound, enforcement rules are often introduced and imposed by the respective governments of varied nations. In general, dealings with registered as well as unregistered tiles signify the determination of legal and illegal aspects in the context of enforcement rules or law (Gravells, 2013). With this concern, the essay tends to discuss about the enforcement rules applying to dealings with registered titles are vastly superior to those applying to dealings with unregistered titles. Arguments in Favor of Proving Superiority of the Enforcement Rules Applying to Dealings with Registered Titles over Unregistered Titles According to the lawful guidelines of the UK government, the prevalence of varied sorts of rules along with regulations has certainly supported in protecting societies from the conduct of different crimes. In general, people of different backgrounds have an aim to own a property. In this regard, there are certain people who own property in an appropriate manner such as registering the property under “Land Registration Act 2002.” On the other hand, it can also be observed that certain portion of people does not own property in legal manner and not registered under lawful Acts. It is in this context that the UK Government has been dealing with registered and unregistered titles (Bray, 2013). Society is a platform wherein different human beings are engaged in performing varied legal as well as illegal activities. Enforcement rules are therefore following effectual lawful guidelines for reducing the conduct of the aforesaid illegal activities from the societies. Due to high population growth, people of different backgrounds do not have shelter to live. To maintain livelihood, people are often engaged in conducting illegal activities and thus live in unregistered lands. Due to this reason, the governments are facing difficulties in the context of obtaining adequate tax revenues. Specially mentioning, registered landowners are often observed to pay accurate amount of taxes to the respective governments, which ensures dealing with the registered titles. Similarly, governments are identified to deliver extra benefits to the registered owners, resulting in securing their livelihood in the respective nations at large (Davies & Cheng, 2011). Conversely, illegal occupiers of land who have been accused of not paying proper amount of tax on yearly basis, governments have the right to take legal actions against them. In recent times, it can be apparently observed that to avoid yearly tax amount, certain section of people have been deliberately occupying lands illegally. To diminish this kind of attitude from the people, the governments of the respective nations have designed effectual enforcement rules. Legal owners of the land have been enriching with varied benefit from government side. Thus, it is quite obvious that the occupiers of illegal land have been deserted from different benefits that offer by the governments (Farlane, 2008). Due to illegal authorization on land, governments do not mark the land and also not provide benefits to such owners of the land. According to “Land Registration Act 2002”, land leasing and transferring of property does not appear under unregistered tile. Under the above portrayed Act, during leasing and transferring of property, governments often provide certain time duration to the owners. The owners have to reissue all the documents of land after expiry of time (Lambert, 2012.). However, if the owners do not renew contract of land agreement, then the land certainly come under unregistered titles. Therefore, if governments found that leased lands are occupied illegally, the enforcement rules applying to dealings with registered titles are often observed to be vastly superior to those applying to dealings with unregistered titles. In case of registered lands, government do not want to use enforced rules against the same because the owners have provided the requisite tax amount to the government and timely fulfilled the other criteria as well. At certain times, it can be found that third-party involvement creates difficulties specifically for registered owners. During transferring land between one party to another, owners of the land often become nominee for making secure transactions (Berglund, 2009). Thus, based on the above discussed aspects, it can be affirmed that the enforcement rules such as in the form of “Land Registration Act 2002” applying to dealings with registered titles are vastly superior to those applying to dealings with unregistered titles by a considerable level. Argument In Against of Proving Superiority of the Enforcement Rules Applying to Dealings with Registered Titles over Unregistered Titles The statement concerning “The enforcement rules applying to dealings with registered titles are vastly superior to those applying to dealings with unregistered titles” is often not favoured due to the persistence of certain drawbacks. Trespassing, in this context, can be duly considered as one of the biggest drawbacks of the provided statement. At certain times, it can be apparently observed that outsiders occupy the land of others and pretend to be the landowner. In this particular situation, governments cannot decide about what measures or actions need to be adopted as well as executed. Under such condition, the occupiers use land under unregistered titles (Cooke, 2003). It will be vital to mention that unethical trespassing leads towards maximum loss for the governments as well as for the landowners. Justifiably, governments do not get actual tax revenue from the land as the occupiers have been using land without providing any revenue to landowner as well as government. In this regard, the governments are not proving to be quite superior in dealing with unregistered titles. It is often observed that due to lack of proper evidences, unregistered occupiers win the case against actual landowners. Thus, enforceable rules are not applicable in this case. On the contrary, legal owners of land often bound to follow varied enforcement rules at the time when landowners appealed for the land. In this regard, it can be asserted that enforcement rules not always prove to be favourable to the registered titles (Philippines & et. al., 1948). Specially mentioning, based on the gathered evidences, governments of varied nations throughout the globe are permitted to take legal actions against the victims. In this regard, governments have been involved in changing the rules in the context of involvement of third party for minimising the drawback of trespassing at large. Due to overriding interests in registered lands, enforcement rules cannot feel the gaps of illegal authorization. Leasing also create an illegality in the enforcement rules. Due to negligence in performance of the law enforcement rules, proper justice to the registered titles is not provided. It is often argued that unregistered titles get more encouragement from enforcement rules of law (Groves & King, 1997). This can be justified with reference to the fact that if the occupiers have shown false legal land related documents, according to the enforcement rules, they will not be liable to enjoy enforce the land and the same will fall under the head of unregistered titles. On the other hands, actual landowners producing real and legal documents in front of the court will certainly prove to be eligible in enjoying the land after the occupier. This kind of gap, which is readily persisting, is eventually making enforceable rules more unlawful and unnatural. In recent times, it can be apparently observed that most of the lands are illegally occupied by the landowners in the form of widening their participation towards trespassing g (Potter, 1948). It will be vital to mention that if the enforceable rules of law are strong enough, then the above stated issue i.e. trespassing will not spread in a rigorous manner. It is worth mentioning that enforceable rules have been made for eradicating the conduct of varied illegal as well as unethical activities from the respective societies. In the context of discussing about the fact that the enforcement rules applying to dealings with registered titles are vastly superior to those applying to dealings with unregistered titles, it can be affirmed that enforceable rules prove to be quite effective in the circumstance of gathering relevant evidences. This can be justified with reference to the fact that the presence of the necessary evidences deciphering the unregistered titles certainly make the enforcement rules to become vastly superior that dealing with registered titles (Thompson, 2012). Critical Discussion The notion concerning “the enforceable rules applying to dealings with registered tiles are vastly superior to those applying to dealings with unregistered titles” eventually generates a positive as well as negative impact in the minds of the general people. Justifiably, law possess certain fundamental characteristics that eventually make every Act diverse from one other. In this regard, registered and unregistered tiles have also certain dissimilar fundamental facets that make them dissimilar from each other. Specially mentioning, in the UK, registered and unregistered titles are represented in the form of both land and property dealings. The title registered land represents the portrayal of official copies and plan of documents that are specified by land registers. These registers are generally identified to keep all records of land registration (Dixon, 2014). Evidently, specific properties are often registered in three particular aspects including proprietorship register, charges register and property register. Proprietorship register contains information about the owners’ name, title and other entities. On the other hand, charges register contains mainly various agreements, charges and other third party rights, which may affect property owners’ rights at large (Cooke, 2003). It is always important to check the actuality of agreements for raising any sort of legal issue and also determining that the owners may not fall into the trap of illegality. Specially mentioning, charges register may contain restriction inequity in relation to properties such as mortgages. The lender of agreement will dispatch all information before any disposition of property takes place (Clarke & Greer, 2012). In property register, description of properties that entail address, plan and real boundaries of the lands are generally depicted. This particular register contains benefits as well as obligations of properties. In unregistered land titles, Acts are not set out in separate documents. Rather, a set of document, which is called as epitome, is generally used in unregistered titles. Epitome is a selection of important documents that reveal the structure of lands. At the time of selling property to others, the buyers are required to show epitome. Unregistered titles often comprise conveyances and mortgages (Geoffrey & Scarr, 1938). From the above discussed aspects, it has been quite apparent that registered and unregistered titles undergo through different phrases. At the time of registry of land, the buyers have to pass through varied verification stages. Without proper ratification, the buyers are not eligible to buy any property. Therefore, buyers of different backgrounds do not have same level of patience to go through such stages of verification. To avoid the same, buyers often bend towards unregistered land dealings. This might be regarded as one of the prime reasons for which the number of unregistered land transfers has increased at large. Notably, registered titles have been going through varied stages due to which, enforcement rules are becoming far superior towards applying to dealings with registered property dealings. On the other side, during unregistered land dealings, sellers and buyers only need to transfer epitome of the properties (Torremans, 2013). Epitome transfers require limited time in deriving appropriate results. This is one of the reasons for which most of the buyers desire to buy land in unregistered forms. Registered property gives buyer a lifetime opportunity to hold same. On the other side, unregistered property has been given with limited time validity. Specially mentioning, registered property buyers reap various significant benefits in the form of raising tax amount validity. Conversely, unregistered land owners do not have the chance to get yearly benefits from the government due to their non-payment of required tax amounts (Bray, 2013). Unregistered property is based on certain agreements and there lays the necessity of renewing the same (Blackburn, 2003). This kind of attitude often leads the respective governments of varied nations to enforce law for handling the illegal activities conduct by the unregistered property holders. In this similar case, enforcement rules treat the unregistered titles in an inferior way. However, the conception of epitome never provides the unregistered property owners a permanent right to hold their respective properties for unlimited time span. In this regard, a few of the unregistered property owners have assumed epitome as a lifetime approval from respective governments as well as land sellers. This sort of thinking led the governments to enforce rule in an unfamiliar way (Harper, 2005). The registered properties are always deemed to be treated as a superior way by the enforcement rules, as during registration procedure, property sellers need to produce certain legal documents to get involved in the procedure. These documents will certainly go through different evaluation process. At the time of evaluation, registers might found any kind of discrepancy prevailing in the documents (Lacy, 2009). This process eventually makes the enforcement rules applying to dealings with registered titles to be less superior as compared to those applying to dealings with unregistered titles. In this regard, the property owners have to face different legal paper works during registry of a land. Due to limited time and money, most of the people never desire to buy registered lands (Ubertazzi, 2012). In the case of unregistered landowners, governments never seek for obtaining any sort of information about the sellers as well as the buyers of the land. For this particular reason, the governments need to be applying enforceable rules to unregistered landowners for generating possible favourable outcomes (Davies & Cheng, 2001). Conclusion From the above analysis and discussion, it can be comprehended that enforceable rules treat registered titles more superior way than unregistered titles. It is the “Land Registration Act 2002”, which has been making the land registration procedure more accurate and informal for general people. Similarly, this particular Act contributes in differentiating the registered titles with the unregistered ones. It will be vital to mention that unregistered titles are treated as inferior ways. In order to avoid different phases of registration procedure, most of the people tend to select the approach of unregistered property dealing. This might be owing to the reason that registered properties are offering secure investments to land owners. On the other side, unregistered properties offer greater security to the buyers for a limited period. Notably, unregistered properties, at certain times, create a limited validity for buyers. Conversely, unregistered titles have certainly raised higher chances of raising unethical activities in a society. In this regard, trespassing is viewed to be one of such unethical activities, which generally falls under the category of unregistered titles. Through a registered property, respective governments can earn tax amounts substantially. On the other side, governments also provide benefits to registered titles. In case of unregistered property, governments do not get assurance of obtaining the anticipated yearly tax revenues. For this particular reason, unregistered titles do not enjoy external benefits on behalf of the respective governments. Thus, to conclude, it can be asserted that the enforcement rules applying to dealings with registered titles are found to be vastly superior in comparison with those applying to dealings with unregistered titles. References Berglund, M., 2009. Cross-Border Enforcement Of Claims In The EU: History, Present Time And Future. Kluwer Law International. Blackburn, R. A., 2003. Intellectual Property and Innovation Management in Small Firms. Routledge Studies In Small Business, 1-198. Bray, J., 2013. Unlocking Land Law, Third Edition. Routledge. Clarke, S. & Greer, S., 2012. Land Law Directions. Oxford University Press. Cooke, E., 2003. The New Law of Land Registration. Bloomsbury Publishing. Davies, C. & Cheng, T. 2011. Intellectual Property Law In The United Kingdom. Kluwer Law International. Dixon, M., 2014. Modern Land Law. Routledge. Farlane, B. M., 2008. The Structure Of Property Law. Bloomsbury Publishing. Fawcett, J. J. & Torremans, P., 2011. Intellectual Property And Private International Law. Oxford University Press. Geiger, C. 2013. Constructing European Intellectual Property: Achievements And New Perspectives. Edward Elgar Publishing. Geoffrey, J. & Scarr, F., 1938. The Law And Practice Of Land Registration. New Era Pub. Co. Gravells, N., 2013. Landmark Cases In Land Law. Bloomsbury Publishing. Groves, P. J. & King, K., 1997. Intellectual Property Rights And Their Valuation: A Handbook For Bankers, Companies And Their Advisers. Woodhead Publishing. Harper, J. E., 2005. Single Literary Titles And Federal Trademark Protection: The Anomaly Between The Uspto And Case Law Precedents. Heinonline, 45, pp. 1. Miller, A., 2006. Proposal For The Regulatory Reform (Registered Designs) Order 2006: Fifth Report Of Session 2005-06; Report, Together With Formal Minutes And Written Evidence. The Stationery Office. Lambert, J., 2012. Enforcing Intellectual Property Rights: A Concise Guide For Businesses, Innovative And Creative Individuals. Gower Publishing, Ltd. Lucy, J., 2009. Personal Property Security Law Reform In The UK: Comparative Perspectives. Routledge. Philippines & et. al.,1948. The Law on Land Registration and Mortgages. Central Book Supply. Potter, H., 1948. The Principles Of Land Law Under The Land Registration Act, 1925. Sweet & Maxwell. Torremans, P. 2013. Holyoak And Torremans Intellectual Property Law. Oxford University Press. Thompson, M. P., 2012. Modern Land Law. Oxford University Press. Ubertazzi, B. 2012. Exclusive Jurisdiction In Intellectual Property. Mohr Siebeck. Waelde, C. & et. al., 2013. Contemporary Intellectual Property: Law and Policy. Oxford University Press. Read More