The Extent of Success of the Land Registration Act 2002
Introduction
Being one of the most extensive law reforms of the Law Commission, Land Registration Act 2002 aims to create a flawless legal framework for land registration, especially in terms of conveyancing with emphasis on overriding interests and adverse possession. It is agreed that the Land Registration Act 2002 (hereafter LRA 2002), by putting emphasis on strict registration, moved the idea of land ownership from ownership by possession to bureaucratization of title via registration. Therefore, LRA 2002 is said to bring further strictness and clarity to land ownership and subsequent conveyancing. In conjunction, LRA 2002 was expected to bring an “e-conveyancing revolution” to land registration which was awaited to be a major success. Although steps are taken towards this development, it is claimed that there is still long way to go before a complete and problem-free e-conveyancing system. Apart from matters relating to conveyancing, LRA 2002 consists of sections regarding overriding interests where their number and scope are widely reduced with specifications of registration introduced. Moreover, the Act includes strictly drafted provisions about adverse possession, aiming to bring further restrictions to this matter by bringing further difficulties to the acquisition of title and therefore shifting from a squatter prone approach to a registered owner supporting view.
E-Conveyancing: “Conveyancing Revolution”
Source A is reliable but does not fully support the assertion. Source A, taken from a British-based research in 1997, intends to show how Mao’s preventive healthcare measures improved the peasants’ quality of life but “sparrowcide” had resulted in people having lesser grain as they were eaten by insects. Source A states that Mao had implemented the measures such as “basic healthcare and preventive services”, closing brothels and running campaigns against opium use to bring diseases and vices under control. However, by eradicating the sparrows in the Four Pests Campaign, “the insects ... now devoured the grains instead”.
The proprietary right is protected by overriding interest under Section 70(1)(f) of Land Registration Act 1925 (LRA1925). Limitation Act 1980 stated requirement towards the squatter where he is in factual possession to the land for a period of 12 years continuously and is not objected by the land owner, he will obtain a title towards the land. However, Land Registration Act 2002 (LRA 2002) brings changes towards this proprietary right where it provides a new set of rules which
The Land Registry came to the conclusion of employing a comprehensive system of e-conveyancing. The report produced a detailed outline of the anticipated model of e-conveyancing.
Torrens title is a statutory scheme that was introduced by the Real Property Act 1900 (NSW) and consequently abolished the problems inherent in the Old System title. One of driving forces behind the change was due to the uncertainty and cost instigated by a land transfer system, which solely relied on a chain of title deeds. This new system represented a dichotomy between registered and unregistered interests, and according to section 31B of the Real Property Act 1900 (NSW), the Registrar is now an integral part of the Torrens title. The Torrens system means that an individual will only need to construct a certificate of title for evidence of ownership, compared to producing an abundant of deeds. Therefore, when addressing the hypothetical problem question and dealing with multiple interests to the property, it is vital to consider the nature of the parties claims. This essay will address the issues raised by the hypothetical problem, by addressing the nature of the contracts of sale of land, indefeasible titles and the exceptions to such titles, priorities of interests, caveats and remedies available for mortgagees. Ultimately, we will be unraveling whose interests are prioritized over the property and the remedies available to those that have been negatively impacted by their interest over the property.
One of the key challenges facing the development of infra¬structure in India is the acquisition of land. Landowner¬ship confers tangible benefits such as shelter and liveli-hood, as well as intangible benefits such as security and a stand¬ing in society. Landowners are thus often reluctant to part with their land unless mutually acceptable terms including compensation are agreed upon. Problems arise when land is required for “pub¬lic purpose” and the state can invoke laws that allow for com¬pulsory acquisition through ‘eminent domain’ . Often, the land acquisition process is neither consultative nor transparent. Further, land-titles are unclear and identifying parties eligible for compensation is rendered difficult. Finally, the compensa¬tion, and resettlement and
The land and business interests in Western New York were highly connected to the politics of infrastructure. Land and Business interests lobbied the state government for the creation of canals and railroads, due to their tendency to increase trade and the value of land in the surrounding area. For instance, the agricultural developer and politician, Asahel Cole, of Friendship, lobbied for the construction of the Genesee Railway and was appointed by the state legislature to manage the project. By the time of the 1840’s the Whig Party managed to establish significant support among voters in the region by championing infrastructure projects as a means of economic development. In the course of 19th century, various railroads and canals were constructed,
As the Special Economic Advisor, you are also pushing for radical land reforms. Your argument is that if a country has experienced a successful land reform program, it is easier for that country to implement export substitution policies. Elaborate on this argument using the contrasting examples of East Asia and Latin America
This essay will start by considering B’s position – how the Law of Property Act 1925 and Land Registration Act 2002 affect her interest in Y in relation to D’s interest. It will then move on to consider C’s position in a similar fashion. Finally, it will conclude with a critical examination of some of the legal principles applied.
Historically, land ownership in America has been basing on the racial disparity and it still applies even now at the post-slavery periods. Though some groups of Americans have associated land ownership with American promise of liberty, equality and democracy, the promise of achieving liberty through this was not open to all. This is because earlier in history the black Americans had no right to own land and later when they were allowed to own, they were not allowed to do what they wanted with it. They were used as source of labor in the whites’ farms. They tended to be tenants of wealthy white landowners where they worked for sub-poverty wages and practiced subsistence farming. The government also imposed heavy taxation to the blacks who bought
Land Victoria has also introduced a system to capture information from paper documents using Object Character Recognition (OCR) software facilitating a degree of automated processing of transactions. Accordingly, the Victorian land registry will not benefit from the lodgment of documents in electronic form to the same extent as will New South
Whether purchasing, or offering a home, picking the correct land operator or purchasers specialist, is the most critical stride to take. The way toward purchasing or offering a house is extremely itemized and troublesome. Notwithstanding the way that mix-ups can cost a lot of cash?
America in the 1700’s was a place of unsurpassed land opportunity. The colonial America provided thousands of potential acres to many Europeans; however, they did not have an organized system to sell this untapped land. America began to organize its first version of the stock market focused around the idea of land distributions. “ Land Speculation was in itself a driving factor of many business owners because of the vast foreign land that was not occupied yet” (Geisst 1). “As a result of this, land was viewed less for homeownership than for vending purposes” (Geisst 2). The colonial America could now offer new opportunities as well as investment options in agriculture and cash crops. The desire to own land and sell land was also inherent in
There are two very different systems of dealing with both unregistered and registered land. In order to support the view that neither is superior to the other we must discuss why we have two different sets of rules. ‘The fundamental distinction between unregistered and registered land is that the basis of title to unregistered land is possession, whereas the basis of registered title is the fact of registration’ Within unregistered land, there is no register instead the owner of the land will have a collection of deeds showing an different transfers proving the devolution of the title. ‘
By a research conducted at the Registrar-General's Department, it has been seen that far back early as 1800’s, the Registrar-General's Department has been a 100% paper based environment. All transaction including registration of deeds, selling or interchanged of property, state land lease documents and site plan were solely on hardcopy. Deeds search was done by manual procedures, which mean an individual has to go through many archived books to search a specific document.
Sole proprietors, corporations, limited liability companies, and partnerships can receive, hold and transfer title to real property in the same