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Outline and critically examine the procedural and substantive changes in the law on land registration brought about by the Land Registration Act 2002. Is land r - Essay Example

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The Land Registration Act 2002 (LRA) came into force on 13th October 2003 implementing an overhaul of the organisation of registered land system, repealing the Land Registration Act 1925. The Law Commission Report Number 271 “Land Registration for the Twenty First Century1”…
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Outline and critically examine the procedural and substantive changes in the law on land registration brought about by the Land Registration Act 2002. Is land r
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Download file to see previous pages that the ostensibly restricted paradigm for land registration under the LRA 2002 narrows the extent and enforceability of third party proprietary rights, which in turn strengthens the position of a third party purchaser under the LRA 2002.
Furthermore, one of the main objectives of the LRA 2002 was “to reduce the number of overriding interests which are binding upon a purchaser of a registered title”3. Conversely, Sexton comments that the “2002 Act achieves this purpose only to a very limited degree”4. Accordingly, whilst central driver of the LRA 2002 of the 2002 Act is to limit the scope of third party overriding interests, it the degree to which this objective has been achieved remains questionable.
The focus of this analysis is to critically evaluate the procedural and substantive changes in the law on land registration as brought in by the LRA 2002. To this end, it is submitted that a central issue in the evaluation of the LRA 2002 is whether property purchase post 2002 has become easier as intended by the extrapolations of the Law Commission Report5. A central issue of concern in contemporary conveyancing is the applicability of any third party proprietary rights and to this end I shall undertake a contextual and comparative analysis with the unregistered system for enforceability of third party rights.
Moreover, I shall further evaluate the system for enforceability of third party equitable rights under the registered land system post 2002. It is submitted at the outset that such an evaluation is imperative to the overall consideration of the substantive and procedural changes brought about by the LRA 2002.
In assessing the extent of changes introduced by the LRA 2002, it is necessary to consider the essential objectives of the Law Commission Report, particularly in terms of its hailing the LRA bill as a revolution for conveyancing practice. Firstly, the Law Commission argued that the “Bill is a bold and striking one….. The move from a paper ...Download file to see next pagesRead More
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