An Objective Behind The Land Law

1299 Words Nov 2nd, 2015 6 Pages
Land law maintains a balance between disponees, and vulnerable interests by compromising between both positions, but this isn’t fundamentally problematic, though improvements can be made to the system. From the outset, this essay submits that the statement in question cannot be appropriately applied to twenty-first century land law. The 2002 reform streamlined the 1925 legislation, such that the remaining disorganised interests are imperative. Moreover, they don’t needlessly impede disponees since many criterions must be satisfied even before such interests can be established. Thus, it cannot be said that ‘the rules are still too skewed against disponees.’ To explain this, this essay will first analyse the reforms in general. Secondly, it will analyse the position of disponees and interests. Finally, it question an assumption made by this statement, and that is; whether interests should exist at all?

An objective behind the land law reforms was to enhance transparency but the statement incorrectly assumes that parliament intended to create a ‘mirror’ registry, which reflects all rights and interests in land. The Land Registration Act (LRA) 1925 sought to modernise the law ‘with the pinnacle being the successful establishment of a title register.’ However, the mirror principle wasn’t achieved because section 70(1) LRA 1925 (and schedule 3, paragraph 2(b), LRA 2002 maintains) a list of possible overriding interests which bind disponees despite being undiscoverable on the…

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