Preview

land registry

Satisfactory Essays
Open Document
Open Document
386 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
land registry
Land Registry

Land registration is all statutorian (not to study through cases): law is in the statues.
The Land Registration Act of 2002 (known as the LRA) changed everything: simplified.

Te essence of registration, of the title is in that one source: the Register (title).
When William conquered he agreed a process in the Doomsday book -> what rights people have to it.

So instead of the way it used to be (investigate the deeds, solicitors, etc.): the Register.

(1) The mirror principle
It’s a metaphor but it involves a proposition that the register of the land is like a mirror which immediately reflects the facts but not the history behind the facts.
Unless they are registered in the register the title is free = If you’re an ordinary person (not a lawyer) you print the register (it reflects the facts: legal statues) -> makes it easier to sell land.

(2) The curtain principle
This provides that the register is the sole and unique source. Purchasers of the land don’t need trust or equities. Before: you get what you can form the register and you investigate more. Now with the curtain principle: there’s nothing behind the curtains, no more investigation requested.

(3) The insurance principle
If a mistake is made then a state insurance fund will compensate you for any loss you suffered due to that mistake

HM Land Registry:
A: talking about the land
B: talking about the proprietor
C: this contains all of the charges adversly affecting the land

Transfer of land

It occurs by contract = must be a valid contract (capacity to enter into a contract, mutual assent = a valid offer and a valid acceptance, consideration), in writing (an explicit written contract).

Vendor (seller) -> vendee (buyer): the seller would have a lien.
Until it’s entirely paid: two persons have proprietor rights to the land.

The process: There used to be 7 steps but since 2002 there are only 6:
Prepare the contract (the solicitors: the Law Society) and print it

You May Also Find These Documents Helpful

  • Satisfactory Essays

    Fct V Whitfords

    • 1307 Words
    • 6 Pages

    * This is considered to be a process of realizing capital because the land can no longer be used…

    • 1307 Words
    • 6 Pages
    Satisfactory Essays
  • Good Essays

    In order for a contract to become binding, both parties must assent to be bound. "[C]ourts have required that assent to the formation of a contract be manifested in some way, by words or other conduct, if it is to be effective." E. Allan Farnsworth, Farnsworth on Contracts § 3.1 (2d ed.2000). "To form a contract, a manifestation of mutual assent is necessary. Mutual assent may be manifested by written or spoken words, or by conduct." Binder v. Aetna Life Ins. Co., 75 Cal.App.4th 832, 850, 89 Cal.Rptr.2d 540, 551 (Cal.Ct.App.1999) (citations omitted).…

    • 430 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Answer: The parties to do or not do a specific thing must base it on a mutual agreement. Parties who are competent to enter into a contract that will be enforceable against both parties must make it. The promise or obligation of each party must be supported by consideration. It must de for a lawful purpose the contract must not be illegal such as the unauthorized buying and selling of narcotics. The contract must meet certain formal requirements such as being in writing or under seal.…

    • 2514 Words
    • 11 Pages
    Good Essays
  • Satisfactory Essays

    The rights that accompany a fee simple absolute include the right to use the land for whatever purpose it is best suited, not necessarily for whatever purpose the owner sees fit.…

    • 2518 Words
    • 13 Pages
    Satisfactory Essays
  • Good Essays

    The recording acts determine which party will prevail when a piece of property is given to at least two different parties. There are three types of jurisdictions under the recording act: notice jurisdiction, race jurisdiction, and race-notice jurisdiction. In a notice jurisdiction, the purchasers will prevail over an earlier purchaser if the current purchaser had no knowledge of the transfer and there was no record of the earlier purchaser’s deed. In a race jurisdiction the determination of which party will prevail is based solely on which party has their deed recorded first. In a race notice jurisdiction the subsequent purchaser will prevail over the earlier purchaser if the subsequent purchaser did not know, and their deed is recorded before the earlier purchaser’s deed.…

    • 301 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Gloria Smithson

    • 536 Words
    • 2 Pages

    Agreement. All parties must agree on all major issues. This requires an offer by the offeror and an acceptance of the offer by the offeree.…

    • 536 Words
    • 2 Pages
    Good Essays
  • Good Essays

    If applicable, the deed should also include the details of any oil, gas, or other mineral rights or any other ownership interest being retained by the…

    • 515 Words
    • 3 Pages
    Good Essays
  • Powerful Essays

    Mabo Assignment

    • 2325 Words
    • 10 Pages

    The Torrens Title System: A system devised to recognise provable ownership of land by Law.…

    • 2325 Words
    • 10 Pages
    Powerful Essays
  • Good Essays

    • carried on by the owner of the land, the owner's agent or by the person in…

    • 1393 Words
    • 6 Pages
    Good Essays
  • Good Essays

    “Registration involves the process by which individuals or institutions list their names with an association or agency. It may be voluntary or mandatory. Education, training or bonding requirements are sometimes associated with registration.…

    • 848 Words
    • 4 Pages
    Good Essays
  • Good Essays

    In 1925, Parliament introduced a system of land title registration, where the title to land across England and Wales would be compiled. The Land Registration Act 1925 ('LRA 1925') planned to create a 'one-stop shop', to eventually eradicate the need for individual title deeds. Subsequently, the Land Registration Act 2002 ('LRA 2002') set out the law of land registration, representing an attempt to improve and modernize the relevant legislation. The core objectives of both Acts remained the same, which is ultimately to promote marketability of land. Some argue that the system has failed in its attempt to achieve this due to the presence of overriding interests, especially relating to third party rights, which are not registered in the Land Register. However, this essay seeks to argue that overriding interests were a deliberate exception to the Register, and the LRA 2002 has in fact achieved a delicate balance between promoting marketability and protecting these disorganised interests, and in doing so realised its objectives.…

    • 1996 Words
    • 6 Pages
    Good Essays
  • Powerful Essays

    Homestead Act

    • 2927 Words
    • 12 Pages

    The Homestead Act of 1862 made surveyed lands obtainable to homesteaders. The act stated that men and women over the age of 21, unmarried women who were head of households and married men under the age of 21, who did not own over 160 acres of land anywhere, were citizens or intended on becoming citizens of the United States, were eligible to homestead. This paper will show how the Homestead Act came to be enacted, who the homesteaders were and the effects of the Homestead Act on the pioneers.…

    • 2927 Words
    • 12 Pages
    Powerful Essays
  • Good Essays

    a) Trust of land where the declaration has to be manifested and proved by some writing (Section 7 of Statute of Fraud Act 1677; Section 53(1)(b) of Law of Property Act 1925). The reason for this rule is to prevent fraud (Youdan). The written evidence can antedates or postdate the declaration of trust.…

    • 1150 Words
    • 5 Pages
    Good Essays
  • Best Essays

    Gray & Gray, ‘The Idea of Property in Land’ in Bright & Dewar (eds) Land Law: Themes and Perspectives (OUP 1998)…

    • 2076 Words
    • 6 Pages
    Best Essays
  • Satisfactory Essays

    5.---(1)'' As ftom the lst dayofJanuary, 1958, native customary rights may be createdin accordance with the native customarylaw of the cornmurity or conmunities concemedby any of the methods specilied subsection ifa permitis obtained in (2), urde! section10, upon Intgrio! Ar€a Land. Saveas aforesaid, without Fejudice to but the provisions hereinaftercontainedirt respectof Native Communal Reserves rights ofway, no recognitionshall be givento anymtive and customary rightsoverany landin Sarawak created afterthe lst dayof January, 1958,and if the land is Statelandany person occupation in thereofshall deemed be in unlawfuloccupation State be to of landand section shallapplythereto. 209 The methods by which native customaryrights may be At acquiredare(a) the felling of virgin jungle and the occupation the of land ahereby cleared; (b) the plantingof land with fruit trees; (c) the occupation cultivation or ofland; (d) (, the useof landfor a burial groundor shrine; any other la\{ul method: (i) until a docunentof title has beenissuedin respectthereof, such land shall coriti[ue to be Stateland and any native lawfully in occupation thereof shall be deemed hoid by liceoce to from the Government shall and not b€ .equired to pay any rent in respcctthereof unless anduntil a document ofiitle is issued him; aid to (ii) the questionwhethq any such dght has beed acquired hasbeenlost or extidguished or shall,sd[e''inso far as this Code makescontraryprovision, be determiried by the law in force immediately prior to the lst day of January, 1958. (e) the useofland ofany class foirights ofway; or Provided that-…

    • 846 Words
    • 4 Pages
    Satisfactory Essays