English Land Law

p The Land Registration Act 2002 came into effect on 13 October 2003 and is designed to improve , simply and modernize the land registration process . It replaces the Land Registration Act 1925 and all previous legislation relating to land registration and introduces a system for accommodating electronic conveyance . In addition the 2002 Act introduced significant changes in land law . Among the areas affected are adverse possession , mandatory and voluntary registration of some third party interests and the creation of a new adjudicator . Druiff Naomi Garret , Taylor . Land Registration Act 2002 - An Overview

br http /www .legalpractitioner .co .uk /artland1 .html Viewed December 11 2006 The object of the Land Registration Act 2002 as stated by the Law Commission 's Report No . 271 entitled , Land registration for the twenty-first century : a conveyancing revolution . is that `the register should be a complete and accurate reflection of the state of the title of the land at any given time , so that it is possible to investigate title to land on-line , with the absolute minimum of additional enquiries and inspections 'Law Commission 's Report No . 271 entitled , Land registration for the twenty-first century : a conveyancing revolution http /www .lawcom .gov .uk /lc_reports .htm 1998 Viewed December 11 , 2006 Under the previous Land Registration Act 1925 , interest referred to as overriding interests have now been tagged `interests that override under the Land Registration Act 2002 . Land Registration Act 2002 The 2002 Act intends to ensure that , as far as it is possible to do so , the registry of records should reveal an accurate picture of all interests connected to the property in question

By virtue of Section 70 (1 ) of the Land Registration Act 1925 a list of property rights capable of binding a prospective purchaser was limited The problem with the 1925 Act was that an overriding interest could fail to be listed and unless it was discovered by some other means a purchaser would be bound by it . The nature of these overriding interests as contained in Section 70 (1 ) of the Land Registration Act 1925 were as follows :-

1- Profits and easements

2- `Rights acquired or in the process of being acquired under the Limitation Acts

3- `Rights of every person in actual occupation of the land or in receipt of the rents and profits thereof , save where enquiry is made of such person and the rights are not disclosed

4- `Leases granted for a term not exceeding 21 years ' Land Registration Act 1925 Section 70 (1

The impact of the Land Registration Act 2002 on this category of overriding interests is to narrow the list and to encourage registration of these interests . The new category of interests include a wider list of interests that are capable of overriding on first registration of the title . This list includes leases up to seven years , rights of occupiers as well as easements and profits . This represents a dramatic departure from the 1925 Act 's requirement of a 21 years ' lease . The shorter list of interests...