What did the Land Registration Act 2002 Change?

The core aim of the Land Registration Act (LRA) 2002 is “to ensure that ownership of land in England and Wales takes the form of ‘title by registration’, rather than ‘registration of title’.” [1] This marks a radical departure from centuries of land law, which established possession as the basis of title.

Has the LRA 2002 been a success?

For the most part, the changes made by LRA 2002 have been in operation for nearly 11 years. The last of the transitional accommodations ceased to operate last year. So LRA 2002 is fully operative and for the most part we have experienced its practical effects for over a decade.

What is the purpose of the LRA 2002?

The Land Registration Act 2002 (LRA 2002), building upon the basic philosophy introduced by the Land Registration Act 1925, aimed to provide a ‘clear, workable and coherent body of law’, providing a conclusive account of title, and also establishing a framework for the introduction of e-conveyancing.

Why was the England & Wales registration system reformed by the Land Registration Act 2002?

We recommended some technical reforms to iron out the kinks in the law, help prevent fraud and make conveyancing faster, easier and cheaper for everyone. enabling HM Land Registry to set the reasonable steps that conveyancers must undertake to verify the identity of their clients, to help root out fraudsters.

Is land registry compulsory?

Although you are not under any obligation to register your land at the Land Registry, there are many advantages to instructing a conveyancer to submit a voluntary first registration application on your behalf.

What is the effect of section 29 Land Registration Act 2002?

Summary of section 29 of the Land Registration Act 2002 ⇒ In short, this section states that if a registrable disposition of a registered estate is granted for valuable consideration, and it has been registered, the new interest will take priority over any pre-existing interest whose priority is not protected.

What is the mirror principle in land law?

The mirror principle refers to the idea that the due registration of a land title must reflect all the important and significant details that a purchaser must know before buying the land.

When did it become compulsory to register land?

1925
Initially registration was voluntary. However, the Land Registration Act 1925 made registration compulsory and it was gradually phased in until by 1990 any transfer of land or property triggered the need to register it at the Land Registry.

When did LRA 2002 come into force?

13 October 2003
Date: 13 October 2003. Information: It is currently expected that the majority of the provisions of the Land Registration Act 2002 will come into force on Monday 13 October 2003, although the e-conveyancing sections will not become operational for some time.

What happens if a property is not registered with Land Registry?

If a property is unregistered it can be hard to find the legal owners as there is no central record of ownership to search. If a property is not registered at the Land Registry when a sale is completed, the law requires that it must be registered on completion of the sale of the property by the purchaser.

What is the special priority rule?

Priority—the ‘Special Rule’ and applicable dispositions This means that, where the Special Rule applies, an interest arising from the relevant disposition will not be affected by any earlier interests unless they are ‘protected’.

What was the LRA plan for electronic conveyancing?

The LRA 2002 had an ambitious plan for electronic conveyancing. It envisaged that all aspects of a conveyancing transaction would occur electronically and that, ultimately, the creation and registration of interests would take place simultaneously.

Is the Universal Registration Act necessary for e-conveyancing?

Universal Registration Essential for the implementation of e-conveyancing is the drive towards universal registration. The triggers for compulsory registration contained in s123 of the Land Registration Act 1925, already extended by the Land Registration 1997 have therefore been further increased by the Act.

How does e-conveyancing eliminate the registration gap?

E-conveyancing eliminates the ‘registration gap’, which under a paper system can create real problems for purchasers: until registration of title purchasers of land only have an equitable interest despite having completed the contract with the vendor; thus they can find their property affected by actions taken ‘in the gap.’

Is the LRA 2002 going to eliminate unregistered land?

Although the LRA 2002 doesn’t repudiate the existence of unregistered land, it has taken every step to eliminate the unregistered title in the near future. [ 4] It is also possible that in future ‘all surviving unregistered titles will be swept compulsorily on to the Land Register’ [ 5] .