New Perspectives on Land Registration: Contemporary Problems and Solutions

Description

The Land Registration Act 2002 has been in force for almost fifteen years. When enacted, the legislation, which replaced the Land Registration Act 1925, was intended to offer a clear and lasting framework for the registration of title to land in England and Wales. However, perhaps confounding the hopes of its drafters, the legislation’s interpretation and application has since generated many unanticipated problems which demand attention. In this book’s twenty chapters, leading land law scholars, Law Commissioners past and present, judges, and Registry lawyers unpick key technical controversies, and expose underlying theoretical and policy concerns. Core issues addressed in these chapters include: the legitimate ambitions of registration regimes; the nature and security of title afforded by registration; the resolution of priority disputes affecting registered titles; the relationship between the general law and the registration regime; and new challenges presented by modern technological developments. Preface Table of Contents List Of Contributors Table Of Cases Table Of Statutes And Statutory Instruments PART I: FOUR PERSPECTIVES ON MODERN LAND REGISTRATION SYSTEMS 1. A (Former) Law Reformer's Perspective: Reforming the LRA 2002—Catalysts and Questions Preface I. Problems Arising Within the LRA 2002 II. Fundamental Issues Underlying Land Registration Reform 2.
The Land Registry's Perspective: The Practical Challenges of Land Registration I. Introduction II. Registration, Alteration and Objection III. Registration, Fraudsters and Indemnity IV. Registration and Plans V. Registration and Adverse Possession VI. Conclusion 3.
The Land Registration Jurisdiction: An Analysis of the First Twelve Years I. Introduction II. Historial Background to the Jurisdiction III. The Position Post-13 October 2003 IV. The Birth of the Property Chamber, and the Adjudicator's Demise V. The Position as at 1 July 2013 VI. Conclusion Appendix 4.
A Broader Development Perspective: Economic and Political Drivers of Worldwide Land Registration Reform I. Interdisciplinary Perspectives II. Economic Theories III. The Land Administration Link IV. Conclusion PART II: CONTEMPORARY PROBLEMS AND SOLUTIONS A.
THE NATURE OF REGISTERED TITLE 5.
Adverse Possession Under the LRA 2002 I. Introduction II. The Interaction Between the LRA 2002, Schedule 6 and the Limitation Act 1980 III. Problems Associated with First Registration of Titles IV. Acknowledgments of Title V. Defects in the Form NAP Counter-Notice VI. Paragraph 5 of Schedule 6 VII. The Conundrum of Parshall v Hackney—Double Registration and Adverse Possession VIII. Endnote 6. The Continuing Relevance of Relativity of Title Under the Land Registration Act 2002 I. Introduction II. A Preliminary Point: What is
'Title Relativity'? III. Relativity of Title under the LRA 2002 Registration Regime IV. Conclusions: The Future of Title Relativity B. ALTERATION AND INDEMNITY 7.
Guaranteed Title: No Title, Guaranteed I. Introduction II. Background III. The Case Law IV. Conclusions from the Case Law V. Consequences of the Three Characteristics of Decision Making VI. A Change of Perspective or a Change to the Statute: Guarantee of Title, or Guarantee that no Other Title Exists? 8. Can Rectification be Retrospective? I. Introduction II. The Facts of Gold Harp III. The Issues IV. Was there a Short Answer on the Facts of the Case? V. The Principal Issue VI. What were the Consequences of Dismissing the Appeal? VII. What Would the Consequences have been if the Appeal had been Allowed? VIII. What are the Wider Consequences of the Gold Harp Case? 9. Assessing Rectification and Indemnity: After Gold Harp and Swift 1st I. Introduction II. The Background: Statutory Provisions III. The Decisions in Gold Harp and Swift 1st IV. Rectification—the Meaning of Mistake V. Rectification and Subsequent Registrations VI. The Right to Rectify as an Overriding Interest VII. Indemnity—General Considerations VIII. Forged Transfers and Schedule 8, Paragraph 1(2)(b) 10. De-throning King Midas: The New Law of Land Registration in Scotland I. Introduction II. The Question of Policy: Who is to be Protected? III. The Question of Technique: How is Protection to be Conferred? IV. Concluding Remarks 11. Lack of Proper Care I. Introduction II. Legal Background: The Statutory Framework III. Conceptual Foundations: The Care Requirement and Relationship Settings IV. Care and Alteration Claims: What Should be Required of Acquirers of Land? V. Care and Alteration Claims: What Should be Required of Existing Owners? VI. Care and Indemnity Claims VII. Conclusion 12. Reforming the Indemnity Scheme I. Introduction II. The Indemnity Scheme and Privatisation III. Land Registration's 'Insurance'
Principle IV. The Purposes of the Indemnity Scheme V. Why Review the Indemnity Scheme? VI. Key Policy Questions for Law Reformers VII. Conclusion C. PRIORITIES BETWEEN COMPETING INTERESTS 13. Priority Contests Involving Registered Titles I. Introduction II. Contests Between Registered Dispositions and Pre-Existing Proprietary Interests: 'Disposition Priority Contests' III. Proprietary Contests Between Competing Rights When They do not Affect a Registered Disposition: 'Inter Se Priority Contests' IV. Priority Contests Following Mistakes: 'Mistake Priority Contests' V. Priority Contests When Use Challenges Entitlement: Adverse Possession Priority Contests VI. Food for Thought 14. Subrogation, Priority Disputes and Rectification: Mapping a Route Through the Thicket I. Introduction II. Will Subrogation Subvert the LRA 2002's Framework? III. What Rights Does Subrogation Afford? IV. How are Priority Disputes Resolved? V. What is the Role for Alteration/Rectification? VI. Conclusions D. THE LAND REGISTRATION REGIME AND THE GENERAL LAW 15. A Tale of Three Promises: Setting the Scene I. Land Registration Regimes and the General Law II. Three Fundamental Promises III. Key Themes 16. A Tale of Three Promises: (1) The Title Promise I. Introduction II. Basis of the Title Promise III. Key Vulnerabilities IV. Future Challenges 17. A Tale of Three Promises: (2) The Priority Promise I. Introduction II. Derivative Interests Affecting a Registered Title: First Registration III. Derivative Interests Affecting a Registered Estate: Subsequent Registered Dispositions IV. Future Challenges 18. A Tale of Three Promises: (3) The Empowerment Promise I. Introduction II. Basis of the Empowerment Promise III. Key Vulnerabilities IV. Future Challenges E. THE MECHANICAL CHALLENGES OF LAND REGISTRATION IN A MODERN SOCIETY 19. Lessons from Scottish Land Registration Reform: Changes Under the Bonnet I. Introduction II. Scottish Registration Regimes III. Legal Changes Brought About by the 2012 Act: Stripping Down and Rebuilding the Engine IV. Changes in Thinking and Approach: Transitional Attitudes to the New 2012 Regime V. Conclusion 20. Automating State Guarantee of Title Systems: System Design and Possible Outcomes—Australasian Thoughts I. Introduction II. Where We Have Come From III. The Argument for Transactional Security IV. The Need for Change V. Tools for Analysis VI. Australasian Automation Proposals VII. What is the Difference in Risk? VIII. Recognition of the Influence of the Reasons to Automate IX. Who Carries the Risk of Abuse Under Automated Systems? X. How Automated Systems are Introduced into Operation XI. Four Possible Proposals XII. Concluding Remarks Index