The Land Registration Act 2002

1
The Land Registration Act 2002

• A Revolution in English Land Law

2
The Land Registration Act

• Having been introduced in the lords
• Enacted on the 26 February 2002
• Came into force 13 October 2003

3
Origins of the Act

• In 1996, the law commission land registry start
  programme to reform land registration statutes
• Land registration for the twenty-first century A
  consultative document 09/1998
• Land registration for the twenty-first century A
  Conveyancing revolution 07/01

4
Need for Reform

• Properties that are unregistered (circa one-fifth
  of freeholds).
• Current legislation provides an improved
  machinery of conveyancing, rather than changing
  the underlying law
• Its principles definitions obscure and
  confusing, its language not easy

5
Objectives of the Act

• wide support within the property industry and
  from practitioners for a system of dealing with
  land electronically.
• the register should always be accurate at any
  time, so it is possible to investigate title on
  line, with the minimum of additional inquiries
• To reduce litigation on registered title (claims
  to by adverse possession etc)

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Electronic Conveyancing

• enables documents to be executed electronically
• provides for a secure electronic network.
• The Act, gives the Lord Chancellor power to make
  the use of electronic conveyancing compulsory
• And to control who accesses the system

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And What Else?

• Compulsory registration extended - over 7 year
  leases commercial leases!
• For litigators - Overriding interests - two lists
  one for first registration, the other dealings -
  both reduced in scope. some categories will be
  abolished, others will be phased out after ten
  years.

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And What Else 2?

• Charge certificates are abolished, land
  certificates are abolished.
• For litigators - The Act reduces to two the
  methods of protecting the interests of third
  parties over registered land - notices and
  restrictions (cautions and inhibitions abolished)

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And What Else 3?

• A new scheme for protecting owners against
  persons in adverse possession
• Application after 10 years
• Owner notified - who can object
• If so application rejected save for 3 limited
  exceptions
• 2 more years get title by adverse possession

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Summary

• Electronic conveyancing
• More compulsory registrations
• Less protective entries
• Weakens squatters rights
• Limits overriding interests
• Who really benefits?