Law of Property Act & Land Registration Act 1925

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Questions and Answers

What was a significant change introduced by the Land Registration Act 2002 regarding the conveyancing process?

It eliminated the need for compulsory registration.

It increased transaction costs.

It introduced a more complicated registration process.

It established an electronic and simplified conveyancing process. (correct)

Which of the following principles was emphasized by the Land Registration Act 2002?

Marketability of registered land. (correct)

Limitation of property rights.

Indemnity for all registered landowners.

Promotion of unregistered land transactions.

What was a notable effect of the Land Registration Act 2002 on acquiring title through adverse possession?

It established a more transparent process for adverse possession claims.

It removed any requirement for notifying current proprietors.

It made it harder to acquire title to registered land through adverse possession. (correct)

It made it easier to acquire title by adverse possession.

What is one of the goals of compulsory registration under the Land Registration Act 2002?

To rather eliminate unregistered land from the market. Signup and view all the answers

How did the Land Registration Act 2002 affect the attitudes towards land registration?

It normalized certain attitudes towards land and increased its value. Signup and view all the answers

Which of the following principles asserts that the register should accurately reflect the rights affecting the land?

Mirror principle Signup and view all the answers

What was a significant change introduced by the Land Registration Act 1925?

Creeping compulsory nature to registration Signup and view all the answers

Which principle suggests that purchasers need not be aware of rights that do not affect their interests?

Curtain principle Signup and view all the answers

Which of the following is a criticism of the functioning of the land register?

It is too complex Signup and view all the answers

What is the primary function of the insurance principle in land registration?

To guarantee accurate registered title Signup and view all the answers

Which of the following is a requirement for interests in land to bind future purchasers?

Registration of interests Signup and view all the answers

What did the enactment of the Law of Property Act 1925 and the Land Registration Act 1925 establish?

Two estates in land exist at law Signup and view all the answers

What was a notable problem with the Land Registration Act 1925?

It was considered outdated Signup and view all the answers

Study Notes

Law of Property Act 1925

Established a system of two estates in land at law: fee simple and term of years.
Defined interests in property and whether they could exist at law.
Outlined procedures for land transfers and creation of interests.
Passed alongside the Land Registration Act 1925

Land Registration Act 1925

Introduced the Torrens system of land registration
This system has three key principles:
Mirror Principle
- Register should accurately reflect rights affecting the land
- All rights and transfers should be registered
- The Register is publicly accessible
Curtain Principle
- Purchasers only need to rely on the register
- No need to investigate beyond the register
Insurance Principle
- The state guarantees the accuracy of the register
- Compensation is available for mistakes that lead to loss or disadvantage
Sets out registration requirements for interests in land.
Interests generally need to be registered to bind future purchasers.
Introduced a new regime of formalities and evidence for title.
Registration became increasingly mandatory over time.
Certain interests could override registration without being registered.

Problems with LRA 1925

The Act was overly complex.
Problems with overriding interests.
Registered and unregistered land were not treated equally.
The Act became outdated.

Land Registration Act 2002

Addressed criticisms of the 1925 Act.
Introduced a radical overhaul of land registration.
Promoted an electronic and simplified conveyancing process.
Focused on certainty, clarity, and simplification of land registration.
Made the register easier to access.
Limited the number of overriding interests.
Increased the difficulty of acquiring title by adverse possession.
Created a system where adverse possessors must apply to the Land Registry, notifying the registered proprietor of their claim.

Principles of the LRA 2002

Marketability:
- The conveyancing process is simplified.
- Transaction costs are reduced.
- Transparency leads to confidence in the system.
Compulsory Registration:
- Aims to eliminate unregistered land.
- Registration is required for many transfers of unregistered land.
Title by Registration:
- Registration is an administrative act that affects title.
- Registration provides a sense of security, but also limits the nature of property rights.
Public Interest:
- Indemnity: legal structures guarantee property rights and market stability.
- Socialization of risk, privatization of profit.
Neutrality:
- Registration acts as an intervention in reality.
- Normalizes certain attitudes towards land.
- Prioritizes certain ways of relating to land, potentially excluding others.

Implications

The LRA 2002 promotes a temporal view of property rights and encourages a focus on a single dimension of land.

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Description

Explore the key principles of the Law of Property Act 1925 and the Land Registration Act 1925. This quiz covers the foundational aspects of property law including estates, interests, and the Torrens system. Test your knowledge on the procedures and principles that guide land registration in the UK.