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Land Law paper - Essay Example

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According to Gray and Gray (2006), the Land Registration Act 2002 is an Act passed by the Parliament of the United Kingdom which describes its purpose as an Act to make provision about land registration and for connected purposes. It received the Royal Assent on February 26, 2002…
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Download file "Land Law paper" to see previous pages... This Act, together with the Rules, regulates the role and practice of HM Land Registry (The 1925 Reforms and Unregistered Land Law, 2006). The Land Registration Act 2002 simplified and modernised the law of land registration. It also makes the register reflect a more accurate picture of a title to land.
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It is intended to facilitate the introduction of e-conveyancing1. This Act makes some major changes to the law regulating registered land. Specifically, it enables shorter leases to be registered, introduces voluntary land registration, changes the system of protection of third party rights and reforms and modernises the law of adverse possession or squatters' rights. The Land Registration Act has been received with much critical acclaim. It is a work of monumental importance and monumental effort. The Land Registration Act 2002 contains significant new provisions that are directed towards the goal of total registration (Gray and Gray, 2006).
1/The Land Registry e-conveyancing (2006) defined e-conveyancing as the transformation of the current paper-based conveyancing system into electronic form, using electronic documents, requisitions and signatures, meaning, paperless. The programme aims to utilise advances in technology by creating a system that reduces the delay and anxiety which can be experienced in the house buying process.
According to the Land Law Legal Essays and Coursework (2005), ...
On the first registration, the registrar awards a grade of title to each registered estate. In the case of freehold estates, one of the following grades of title may be awarded according to section 11 of the Act.
The absolute freehold title shows there is nothing dubious about the title. The estate is vested in the proprietor and is subject only to entries on the register and overriding interests. Title does not have to be perfect. If the registrar believes that any defect will "not cause the holding under the title to be disturbed", absolute title will be given - section 9(3) of the Land Registration Act (Land Law Legal Essays and Coursework, 2005).
In the possessory freehold title, there is no documentary evidence of title, for example, lost title deeds. Title depends on adverse possession. It conveys no guarantee of title at the time of registration, but subsequent problems, for example forgery of proprietor's signature, will be covered by the guarantee. It can be upgraded into absolute title after being in possession as proprietor for twelve years as mentioned in section 62(1), (4)).
In the qualified freehold title, the title is subject to a fundamental defect. There is no guarantee in respect of the specified defect. It may be upgraded to absolute title if registrar is satisfied as to the title (section 62 of the Land Registration Act). On the other hand, in the case of leasehold estates, one of the following grades of title may be awarded according to section 12 of the Act. The absolute leasehold title is the same to absolute freehold except the proprietor is also subject to covenants in the lease.
The good leasehold title is the same as absolute leasehold except the right of the landlord to ...Download file "Land Law paper" to see next pagesRead More
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