Land Registration
Methodology
Through analysing the question it appeared important to cover the whole topic of land registration in order to understand the ‘Mirror Principle’ and its entrenchment in the English legal system. Relevant books were taken from Tremough Campus’s library and the library of the University of Manchester was also of great help during last my visit to my cousin in Manchester City. The most useful law source was the Law Commission which I accessed through ELE and Westlaw.
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After identifying and reading the law sources I decided to approach the question in the following way: The first thing was analysing the history and development of the registration Acts and Status since 1862 until 2012, with discussing the development of each Act and the aims behind it. I then identified the structural classification to land in United Kingdom; and explained the three principles of the UK system to land registration, with concentrating on the ‘Mirror principle’, which is the most controversial among the three principles and the subject of concern of this essay. After that I tried to cover the new legislation (LRA 2002) and identified the improvements and changes it made and that is how I came to the conclusion.
Land registration isn’t a new concept, its dates back to the mid-19th century. The first statute to govern land registration was Land Registration Act 1862. Due to the lack of technological services, it led to the downfall of the first land registry mainly due to the fact that it was not compulsory to register. Furthermore, any further transactions were also not recorded. After that the Land Transfer Act 1875 was created to govern land registration. It implemented several steps to improve the older one but yet, it failed, leaving land registration on a breaking point. In 1925 land registration took a giant leap with the implementation of 2 new legislation; Land Registration Act 1925 and Law of Property Act
Through analysing the question it appeared important to cover the whole topic of land registration in order to understand the ‘Mirror Principle’ and its entrenchment in the English legal system. Relevant books were taken from Tremough Campus’s library and the library of the University of Manchester was also of great help during last my visit to my cousin in Manchester City. The most useful law source was the Law Commission which I accessed through ELE and Westlaw.
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After identifying and reading the law sources I decided to approach the question in the following way: The first thing was analysing the history and development of the registration Acts and Status since 1862 until 2012, with discussing the development of each Act and the aims behind it. I then identified the structural classification to land in United Kingdom; and explained the three principles of the UK system to land registration, with concentrating on the ‘Mirror principle’, which is the most controversial among the three principles and the subject of concern of this essay. After that I tried to cover the new legislation (LRA 2002) and identified the improvements and changes it made and that is how I came to the conclusion.
Land registration isn’t a new concept, its dates back to the mid-19th century. The first statute to govern land registration was Land Registration Act 1862. Due to the lack of technological services, it led to the downfall of the first land registry mainly due to the fact that it was not compulsory to register. Furthermore, any further transactions were also not recorded. After that the Land Transfer Act 1875 was created to govern land registration. It implemented several steps to improve the older one but yet, it failed, leaving land registration on a breaking point. In 1925 land registration took a giant leap with the implementation of 2 new legislation; Land Registration Act 1925 and Law of Property Act