Impact of the land registration act 2002

Thus the first registered proprietor of a lease will take subject to such proprietary interests as restrictive covenants relating to the premises leased. This can be seen in the list of cases and their judgments ever since the Boland case. This section defines the nature of a restriction. The provisions of these sections will therefore, over time, also become obsolete.

This section provides that a person claiming to have the benefit of an interest capable of being the subject of a notice may, subject to rules, apply to the registrar for entry of an agreed or a unilateral notice in respect of the interest.

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Mode of exercise No changes have been applied to the text. Recommendations that tackle fraud include: The scope for searching for comparables for rent review will, therefore, increase by being able to search the register for leases of 7 years or more that may be comparable to your premises and type of business.

Land registration[ edit ] Section 4 stipulates that registration of an estate in land is compulsory when one of the following events occurs: The cautioner will only be required to defend his or her caution when an application for first registration is made.

Updating the Land Registration Act 2002

Sorting out the ludicrous Landlord and Tenant Actor trying to make sense of the anti-avoidance provisions of the Landlord and Tenant Covenants Act think House of Fraser caseare simply not vote-winners.

As this provision only applies to first registration under the Act, the interests which may be subject to an entry in the register will be registered charges, notices and restrictions.

As the register is inaccurate it may be altered to give effect to her rights by registering her as proprietor in place of C, as provided in Schedule 4, paragraphs 2 and 5. Uncertainty in the regime makes advising clients difficult, incentivises litigation, and increases costs for landowners.

Duty to apply for registration of title For example, a person with an option to purchase land e. Subsection 7 makes provision for a situation in which a person holds land under one lease, but has been granted another to take effect on or shortly after the first expires.

Absolute leasehold title — same as absolute freehold except the proprietor is also subject to covenants in the lease Good leasehold title — same as absolute leasehold except the right of the landlord to grant the lease is not guaranteed Possessory leasehold title — same as possessory freehold Qualified leasehold title — same as qualified freehold Registerable dispositions[ edit ] Dispositions subject to registration according to s.

In order to assess this statement in detail, in depth analysis of Land Registration Act needs to be done. Subsection 5 provides that a mortgage term created by demise or sub-demise is not registrable when there is a subsisting right of redemption.

These exceptions are inevitable, and apply also to the transfer of registered charges subsection 3. Section 33 provides that there are five kinds of interest which cannot be the subject of a notice.

This is especially true when there has been a sense of agitation in the legal world itself about the scope of the decision in Boland 35 years ago and concerted efforts, a significant number of which have been made by the lenders in order to conform the law to their requirements.

As seen in the Scott v Southern Pacific Mortgages case itself, the lending world is too quick to change and adapt to the requirements of the law, which is evolving relatively slowly. Restrictions are retained under the Act, but in altered form. Even though as Lady Hale pointed that they do insist on the land being conveyed in joint names, this is not the only method for the banks to attain leverage over the overriding interest rule of actual occupation and secure their investment.

Assesses the impact of the substantive changes in the Land Registration Actdesigned to facilitate future e-conveyancing, on ordinary paper-based transactions. Examines the changes in Sch.1 and Sch.3 to the Act to the nature and types of categories of.

Land Registration Act Law Land Property Essay Like its predecessor, LRA is designed to further simplify the process of conveyancing. To achieve this purpose, it aims to reduce the risk of acquiring an unsafe title and introduce electronic conveyancing [ 2 ] to eliminate the ‘registration gap’.

Land Registration Act ( and ) The Land Registration Act is an Act of Parliament with the purpose of regulation of the role and practice of Her Majesty’s Land Registry (HM Land Registry).

Land Registration Act Introduction.

Overriding interests and the Land Registration Act 2002

The core aim of the Land Registration Act (LRA) is “to ensure that ownership of land in England and Wales takes the form of ‘title by registration’, rather than ‘registration of title’." The impact of the Act on adverse possession. Arguably, the. The Land Registration Act is an Act of the Parliament of the United Kingdom which repealed and replaced previous legislation governing land registration, in particular the Land Registration Actwhich governed an earlier, though similar, Act, together with the Land Registration Rules, regulates the role and practice of HM Land Registry.

The Land Registration Act has been received with much critical acclaim, and rightly so.

Updating the Land Registration Act 2002

It is a work of monumental importance and monumental effort. Law Commission Report No was itself the last in a long series of Reports discussing, proposing, rejecting and recommending changes to the fundamentals of the land registration system.

Impact of the land registration act 2002
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Updating the Land Registration Act | Law Commission