| Land Registration Act 2002 |
Article Index for Land |
Website Links For Land |
Information About ™Land Registration Act 2002 |
| CATEGORIES ABOUT LAND REGISTRATION ACT 2002 | |
| united kingdom acts of parliament 2002 | |
| english laws | |
|
HISTORY AND PURPOSE On 13 October 2003 the Land Registration Act 2002 and the Land Registration Rules 2003 came into force, repealing and replacing previous legislation governing land registration (the Land Registration Act 1925, which initialed a different system of land registration). This Act, together with the Rules, regulate the role and practice of HM Land Registry . The Land Registration Act 2002:
This Act makes some major changes to the law regulating registered land. Specifically, it:
LAND REGISTRATION Under s. 4 of the Act, registration of an Estate in land is compulsory when one of the following events occurs:
Grades of title On first registration, the registrar awards a grade of title to each registered estate. In the case of Freehold estates, one of the following grades of title may be awarded according to s. 11 of the Act:
In the case of Leasehold estates, one of the following grades of title may be awarded according to s. 12 of the Act:
REGISTERABLE DISPOSITIONS Dispositions subject to registration according to s. 27 are:
According to s. 27(1) : ''If a disposition is required to be completed by registration it does not operate at law until the relevant requirements are met''. PRIORITY According to s. 29 of the Act, a person aquiring a Legal Estate for valuable consideration, takes it subject to:
All other interests are postponed to the interest under the disposition - ie the successful purchaser's interest gets top priority. Restrictions A restriction on the proprietorship register prevents the registration of a disposition unless comlied with. This is the appropriate way of registering equitable family interests which arise under a trust (of land). A restriction does not protect the priority of the interest, nor any right of occupation - it notifies the purchaser of the interest and allows the purchaser to overeach. (Law of Property Act 1925; Trusts of Land and Appointment of Trustees Act 1996) Notices According to s. 32 of the Act: ''A notice is an entry on the [charges] register in respect of a burden of an interest affecting a registered estate or charge''. According to s. 33 , the following interests cannot be protected by a notice:
According to s. 34 , all other interests may be protected by a notice. Examples incude:
ADVERSE POSSESSION The Act is known for the changes it has made to the rules regulating Adverse Possession in relation to registered land (the rules applicable to Unregistered Land remain the same, and 12 years occupation ''nec vi, nec clam, nec precatio'' is still required to obtain title). The Act provides that anyone who occupies registered land without permission from the owner and treats it as his own for 10 years is entitled to claim ownership. Specifically, according to paragraph 1(1) of Schedule 6 to the Act: A person may apply to the registrar to be registered as the proprietor of a registered estate in land if he has been in adverse possession of the estate for the period of ten years ending on the date of the application The Land Registry is then obliged to notify the registered proprietor of the land that an application for possessory title has been made, so the owner of the land can seek to regularise the position (for example, by starting court proceedings, or Evicting the occupier, or granting the occupier permission to remain). If the registered owner of the land does nothing, the ocupier may reapply to the Land Registry two years later and will be registered as the owner of the land. The new rules regulating adverse possession can be found in Part 9 of the Act, and the rules regulating the procedures for registration of an adverse possessor can be found at Schedule 6 to the Act. EXTERNAL LINKS Original legislation
Notable Press Articles |
|
|