The Extent Of Success Of The Land Registration Act 2002

Land law holds a reputation for problematic and complex criticism, being built upon two separate, mutually exclusive, systems: the registered and unregistered land systems. The consistent application of law in this area depends upon adherence to legal principle, derived from a clear understanding of the law. First, this essay will consider a brief history of registration and the enforcement rules applying to registered and unregistered titles, looking at their distinct characteristics. Following this, their usage and application will be analysed, in order to place them into the wider context. Consideration of any differences present will enable us to see if rules regarding registered system of conveyancing are vastly superior, if at all.

In the mid-1700’s, not many people were granted the rights that they deserved. Of these rights, only few could vote and few could be educated. It was typical that white men were allowed to vote and were given the opportunity to become educated. This angered those who lacked these rights, which resulted in uproars within the nation. In an essay from a Maryland newspaper, a discussion of the injustice between owning land and having the right to vote is debated. Benjamin Rush wrote thoughts about giving women the chance at education. Living in the New World meant having rights as citizens and expressing instances of disagreement.

The High Court has as of late considered the fraud special case to indefeasibility of title of land possession in the case of Cassegrain v Gerard Cassegrain & Co Pty Ltd. The decision permits a wife to keep a half benefit for a dairy farm property in spite of paying no thought for it and just being the beneficiary of that intrigue due to her spouse 's fraud. The misfortune here is the party denied of a benefit for the land by fraud, while the victor is obviously the unwitting beneficiary of that interest.

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 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.

Indigenous people have long been denied the entitlement of land rights by Australia. Law reform has been both effective as well as ineffective in achieving genuine access and control of land for the indigenous people. Law reform aims to reinforce and strengthen justice, through the process of first examining existing laws, and by then revoking, amending or creating the necessary changes to a law. This procedure is acted in accordance with judicial bodies, by the result of case law along with statutory law. The Native Title Act of 1993 was achieved through statutory reform. This act took place by cause of the High Courts settlement of the second Mabo case of 1992. Although law reform has not been exclusively effective, it has been relatively

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.

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

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

There are a number of steps involved in the property title process. However, this has changed over the years due legislation such as the land protection act, introduced in the 1900s. Still, many of the original process steps are used today it requires detail gathering and documenting information. Nevertheless in the first step is the initial request for a title. Many times, it has performed out without involving and buyer Black (2001). However, this step perhaps identified as a task that records the land in its present state. Secondly, an on-site examination then performed. The steps are compiled in a detail report that reports on the legal property name, location and any tax information related to the property in question (Black, 2001)

A property survey must be conducted to create a legal property description. The legal description assists with identifying boundary lines through a legal method that can properly described, “conveyed, encumbered and contracted” (Jacobus 54). The Statute of Frauds requires written description of the land in the instrument of conveyance. As the textbook stated, there are methods in determining the legal boundary lines, includes “metes-and-bounds, lot and block, monuments, government land survey, recorded plat and rectangular survey system” (Jacobus 55-60). These survey methods ensure a correct and legal description for the property deed. When preparing property deeds, it is wise to compare the legal description with the most recent deed to

But due to discrepancies under a contractual agreement of both parties, it was clearly stated by Steadman Williams that only residential buildings are to be established on the one hundred acres of land he had sold to Sharon Day. Where the land is being leased, the portion of the land that is being owned by Steadman Williams who is the owner of the freehold is established out in the Certificate of Title, approval for subdivision under the local improvement act must be obtained. Failure to do so reduces the lease void except and until the approval is granted. Furthermore, where the land to be leased is part of a parcel owned by the registered owner of the freehold exceeding one hundred acres, the Consent of the Land Development and Utilization Commission must be obtained. Otherwise the lease is of no effect and unenforceable by the Lessee (Sharon Day). Due to the Town and Country Planning Act, the one hundred acres of land that was sold to Sharon day was zoned for residential purposes and the continuum of this practice will retain the integrity and value of Steadman Williams Estate as well as Sharon Day’s

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,

In reference to this section, the sale of land cannot take place without the consent of the beneficiaries since the property was given in disposition to Horace and Phyllida. Thereby, making it impossible selling the property without the consent of Sam and Liz. Sam and Liz on the other hand can make an application to the court as in section 14 of the TOLATA Act 1996 . The criteria’s which will be considered by the court in other to acknowledge the application as in section 15 of the TOLATA Act 1996 are as follows;

The Land Registration Act (LRA) 1925 has drawn much flak over the years with regards to one of its most important provisions on overriding interests (OI), which often goes unnoticed until it swoops up and takes priority over the rights of a future purchaser. These interests often come in the form of other occupiers in the property with an equitable interest and, like in the case of Boland , this leaves the lender in a tight spot when they find out about the existence of these interests only after they have initiate proceedings for possession against the defaulting borrowers. Due to the other occupier’s concealed nature on the property register, the lenders have regained their footing by applying the concept of overreaching and ….. The Law Commission, on the other hand, contemplated abolishing these interest altogether but did not go to that extent because it was neither feasible nor desirable Instead, they shrank their impact on land by reforming the operation and scope of the OI. With LRA 2002 sch 3 para 2, lenders now have more control over what may bite them. …. This essay will access…. with a focus on how the lending world have dealt with the implications of Boland…. The best way to access the impact of … would be to go through the pre – post blabla to show how the thing has balanced.