- Created by: chrissykaz
- Created on: 13-12-18 00:52
THE LAND REGISTER
- first feature was to ensure that the title to land would be guaranteed by the state; and
- it could be relied on by all prospective purchasers as proof of ownership of property
THE OLD SYSTEM OF UNREGISTERED LAND: based on the purchaser proving title by the possession of title deeds. On each purchase, the purchaser has to investigate the title deeds to ensure that the seller had a 'good root of title'
- this was wasteful and slightly pointless because there was always a risk of unwanted interests that would become legally binding on the purchaser.
- 'good root of title' at least 15 years under LPA 1969 s23
- Land Registry Act 1862 + Land Transfer Act 1875 introduced the principle of registration of title however this system was voluntary and most titles remained unregistered.
- In 1897, compulsory registration was used for the sale of property in London.
- this was the beginning of compulsory registration of land (Land Registration Act 2002).
FEATURES OF LAND REGISTRATION SYSTEM-
- CREATES A SYSTEM IN WHICH ONE REGISTER WILL DISCLOSE ALL THE RELEVANT DETAILS CONCERNING OWNERSHIP OF ANY PIECE OF LAND/ ALL OF THE RIGHTS AND INTERESTS THAT BIND THAT LAND.
- REGISTERED LAND ENABLES ESTATES IN LAND (BOTH FREEHOLD AND LEASEHOLD) TO BE SEPARATELY REGISTERED. EACH HAS ITS OWN TITLE ON THE REGISTER.
- ONCE REGISTERED, THE STATE CAN GUARANTEE THE TITLE AND THE PURCHASER CAN ACCEPT THE TITLE WITHOUT MAKING HIS OWN SEPARATE INVESTIGATIONS (LIKE BEFORE WITH THE 'GOOD ROOT OF TITLE').
- the Register is…