The Land Registration Act 2002

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

Land development is dependent on land acquisition to initiate the development process and the project. Without the appropriate land, communities

Furthermore, the Contracts Review Act 1980 (NSW) also protects buyers as it forms the need for easements, covenant and it establishes a standard contract of sale. Those who seek shelter are further protected through the Torrens Title System, which overturns the Old System Title. The Torrens Title, introduced in the Real Property Act 1900 (NSW) gives the owner a perfect title and is effective; it was an innovative initiative for the beginning of the twentieth century, adopted world-wide. These reviewed acts delineate the effectiveness of law reform in this area in protecting the rights of those who seek shelter, however there is no reform to completely protect against gazumping.

• Whether the transfer of chattels and other personal property attached to the land were not fixtures under the general law definition.

While there are similarities between multiple property nominations and district nominations for the National Register, there are some key differences that make these into two distinct categories of nominations. Both of these types of nominations include properties that have a common source of significance. These areas of significance that properties must share to be eligible include similar time periods, geographic distribution, historic themes or importance (MPD req 4). Both of these types of nominations can vary greatly in their size, from only a few properties to several hundred. One of the key differences between these two types of nominations is the proximity of the properties in relation to one another. For historic districts, the properties

A primary concern is the registration gap. This is the time between the transfer of drawn up and agreed up contracts and the actual registration of the property unto the new owner. Particular issues with the registration gap is the fact that in any transaction there are too many parties involved, length of transaction is too long and the transparency/opaqueness is questionable/questioned.

Majority pointed to the critical difference between the 1996 and the 1902 Acts pointing to the differences between pawn or pledge and a chattel mortgage and the different property rights created by the two fundamentally different types of security. They go on to say that if pawn is given its accepted and long established legal meaning then the reasoning of the Court of Appeal is “necessarily flawed”. They go on to say that pawn and chattel mortgage are mutually exclusive

In general, it can be said that sectional title scheme has its advantages and disadvantages. It is a good start for young couple who want to start life in their property. Of course, one should be aware of all the restrictions and limitations that apply to sectional scheme property before choosing to get involved in such property ownership. Also, before buying such property make sure to do your research of the property, the rules and the

This entitles the owner to have full ownership of the land for disposal without limitation of selling or gifting, and if the owner dies it will become part of their estate. Although this type of ownership is unrestricted there are also certain obligations that need to be followed including general neighbouring commitments such as not interfering with neighbouring allotments and not creating nuisance, the Crown Grant have all reserved rights in possessing the land, restrictions of the land in use may be effected by expressed terms stated in the contract such as a restrictive covenant and restrictions through future planning and legislations may subside.

Under the conditions that a person genuinely believes land is their own and is mistaken, statue law provides an equitable remedy when individuals have invested in “lasting improvements” to the land. The Improvements Under Mistake of Title Act, R.S.S. (1978)

Deeds called for adding the files and the lands covered, in the Notes field, for each and every deed associated with OMR and OEP. Again, having at least the County & State for where the deed is recorded would be a great help. As it stands, the full legal description for every deed is being entered in the Notes field. Which is quite time-consuming.

Leopold once said “land is still property. The land relation is still strictly economic, entailing privledges but not obligations” (1897, p.203) Donald Worster responded with “We have to being putting some obligations into place. He believes that the idea of private property is a scared truth. He believes it is a secular invention and was created for the private accumulation of capital. “Turning the earth into private property was done to promote the wealth and private individuals and thereby, it was hoped, of whole nations” (Worster) said. 60% of the nations land is owned privately, only a small group of people or corporations own that land because they either have enough money to buy land or they have inherited it. Worster believed that most of the land has been held by “those who seek, with varying intensity, to use property to improve their personal wealth”.

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.

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

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.