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The Changes Made by the Land Registration Act 2002 - Essay Example

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The author of the paper "The Changes Made by the Land Registration Act 2002 " argues in a well-organized manner that the overriding interest accruing over an entire part of land despite the partial occupation, which existed in the old Act, now stands annulled and void…
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The Changes Made by the Land Registration Act 2002
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Extract of sample "The Changes Made by the Land Registration Act 2002"

The major areas where the Land Act of 1925 was felt to be lacking were in the following areas:

  • the rapid evolution of the electronic environment and the need to introduce the facility of e-conveyancing which was not covered under the scope of the older act.
  • the ambiguities in registration and the inadequacy of existing registration records to address disputes of title and ownership
  • the need to clearly demarcate unregistered land from registered land and the principles upon which such registration would be based.

Therefore, as opposed to the previous act, the new Act of 2002 has the objective of ensuring that the title of a property at any given time is current and easily verifiable, without the onerous extra research required under the old Act.

 

The old Act required maintenance of paper records of registration, the new Act maintains electronic records, thereby bringing about a reduction in costs.

Land and Charge certificates were eliminated under the New Act. A registered title and mortgage constitute adequate evidence.

Under the old Act, the required term of the lease for registration was 21 years, but the new Act requires that seven-year leases must be registered, thereby impacting businesses where lease terms are set up under the provisions of the old Act.

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