Land Registration Act 2002

Summary

The Land Registration Act 2002 aimed to enhance transparency, simplify conveyancing, and secure land titles. While it has improved ownership transparency and sped up processes through electronic registration, challenges remain, such as integrating older records and addressing fraud. The Acts principles, like the mirror, curtain, and insurance principles, originate from the Torrens system, ensuring accuracy and protection. Compulsory registration and incentives encourage land rights registration, while some rights, like overriding interests, remain unregistered to maintain simplicity. Theories like the bundle of rights and economic theory provide frameworks for evaluating the Acts impact.

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What case law or authorities could you use?
To critically discuss the extent to which the aims of the Land Registration Act * have been achieved, you can reference the following case law and authorities:
- Swift 1st Ltd v Chief Land Registrar [*]: This case highlights issues related to fraudulent transactions and the security of title provided by the Act.
- Gold Harp Properties Ltd v Macleod [*]: Addresses adverse possession and the protection of registered landowners.
- Malory Enterprises Ltd v Cheshire Homes (UK) Ltd [*]: Discusses the impact of the Act on rectifying the register and dealing with mistakes.
These cases can provide insight into how courts have interpreted and applied the provisions of the Land Registration Act *.
Would any of the theories of property that we discussed in week * be relevant to your answer?
To connect the theories of property from week * to the Land Registration Act *, you might consider the following:
- Bundle of Rights Theory: This theory views property as a collection of rights (e.g., possession, control, exclusion, enjoyment, and disposition). The Act's aim for increased transparency and security of title can be discussed in relation to how these rights are protected or made clearer.

- Economic Theory of Property: This theory emphasizes efficiency in the use and transfer of property. The simplification of conveyancing and encouragement of electronic processes under the Act can be evaluated from the perspective of economic efficiency.
- Personhood Theory: This theory sees property as essential to an individual's personal development and identity. The security of title provided by the Act can be discussed in terms of how it impacts personal stability and security.
Would you like more details on how these theories apply to specific aspects of the Act?
• Where do the ‘mirror, curtain and insurance principles’ of land registration originate and how do they help us to evaluate a system of land registration?
Case Rating: *
The 'mirror, curtain, and insurance principles' of land registration originate from the Torrens system, which was first introduced in South Australia in the 19th century. Here's how they work:
- Mirror Principle: The register reflects (mirrors) the state of title.
- Curtain Principle: It hides certain equitable interests behind the register.
- Insurance Principle: Compensation is provided for loss due to register errors.
These principles help evaluate a land registration system by ensuring accuracy (mirror), simplicity (curtain), and protection (insurance).
How do we encourage (or require) people to register their rights in land to make sure the register is as complete as possible? It is important to identify the statutory provisions that do this.
Case Rating: *
To encourage or require people to register their rights in land, the Land Registration Act * has several key provisions:
- Compulsory Registration: Certain transactions, such as sales, transfers, and leases over 7 years, require registration.
- Incentives: Reduced fees for initial voluntary registrations.
- Penalties: Unregistered dispositions are generally void against third parties.

Would you like more details on any specific provision?
Some rights can’t be entered on the register. Can you name these rights? Why do we do this? Again, it is important to identify the statutory provisions that do this.
Case Rating: *
Some rights that can't be entered on the register include:
- Overriding interests under Schedule * of the Land Registration Act *, such as:
- Rights of people in actual occupation.
- Legal easements and profits à prendre.
- Leases for a term not exceeding seven years.
These are excluded to ensure the register isn't overly complex and remains manageable. Would you like more details on any specific right or provision?