7. Formal methods of acquisition:

2015 ◽  
Author(s):  
Ben McFarlane ◽  
Nicholas Hopkins ◽  
Sarah Nield
Keyword(s):  
Formal Methods ◽  
Legal Rights ◽  
Land Registration ◽  
Three Stages ◽  
The Creation ◽  
The Law ◽  
Law Commission ◽  
Fundamental Objective ◽  
Academic Debate

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter describes the formality requirements that must be complied with for the creation or transfer of legal estates and interests in land. The three stages of creating and transferring legal rights are contract, creation or transfer, and registration. The Law of Property (Miscellaneous Provisions) Act 1989 had increased the formality requirements for contracts and made more severe the consequences of non-compliance. Under s 2 of the 1989 Act, a contract may take the form of a single document signed by both parties or an exchange of documents, each of which has been signed by one of the parties. Non-compliance results in a document being void as a contract for sale of land, but a valid contract may be obtained through use of collateral contracts or rectification. The Law Commission had envisaged the use of estoppel in appropriate cases in which formality requirements for a contract for sale were not complied with. The fundamental objective of the Land Registration Act 2002 is directly associated to the introduction of e-conveyancing. The goal of attaining e-conveyancing has not been deserted, but its introduction appears almost as far away now as it did when the LRA 2002 passed into law.

8. Formal Methods of Acquisition: Contracts, Deeds, and Registration

Land Law ◽  
2018 ◽  
Author(s):  
Ben McFarlane ◽  
Nicholas Hopkins ◽  
Sarah Nield
Keyword(s):  
Formal Methods ◽  
Legal Rights ◽  
Land Registration ◽  
Three Stages ◽  
The Creation ◽  
The Law ◽  
Law Commission ◽  
Fundamental Objective ◽  
Academic Debate

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource.This chapter describes the formality requirements that must be complied with for the creation or transfer of legal estates and interests in land. The three stages of creating and transferring legal rights are contract, creation or transfer, and registration. The Law of Property (Miscellaneous Provisions) Act 1989 increased the formality requirements for contracts and made more severe the consequences of non-compliance. Under s 2 of the 1989 Act, a contract may take the form of a single document signed by both parties or an exchange of documents, each of which has been signed by one of the parties. Non-compliance results in a document being void as a contract for sale of land, but a valid contract may be obtained through use of collateral contracts or rectification. The Law Commission had envisaged the use of estoppel in appropriate cases in which formality requirements for a contract for sale were not complied with. The fundamental objective of the Land Registration Act 2002 (LRA 2002) is directly associated with the introduction of e-conveyancing. The goal of attaining e-conveyancing has not been deserted, but its introduction appears just as far away now as it did when the LRA 2002 passed into law.

8. Formal Methods of Acquisition: Contracts, Deeds, and Registration

2021 ◽  
pp. 247-293
Author(s):  
Ben McFarlane ◽  
Nicholas Hopkins ◽  
Sarah Nield
Keyword(s):  
Formal Methods ◽  
Legal Rights ◽  
Three Stages ◽  
The Creation ◽  
The Law ◽  
Academic Debate

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter describes the formality requirements that must be complied with for the creation or transfer of legal estates and interests in land. The three stages of creating and transferring legal rights are contract, creation or transfer, and registration. The Law of Property (Miscellaneous Provisions) Act 1989 increased the formality requirements for contracts and made more severe the consequences of non-compliance. Under s 2 of the 1989 Act, a contract may take the form of a single document signed by both parties or an exchange of documents, each of which has been signed by one of the parties. The chapter considers the requirements of s 2 and the consequences of non-compliance, including concepts which may assist a party to acquire a right, even if the agreement does not seem to comply with s 2. The operation of proprietary estoppel and of constructive trusts is thus examined. The requirement of registration is considered, along with the problems that arise from the ‘registration gap’ and the possible effects of e-conveyancing.

15. Evaluating the land registration act 2002

2015 ◽  
Author(s):  
Ben McFarlane ◽  
Nicholas Hopkins ◽  
Sarah Nield
Keyword(s):  
Property Right ◽  
Land Registration ◽  
The Law ◽  
The Impact ◽  
Law Commission ◽  
Academic Debate

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter assesses the impact of the Land Registration Act 2002 (LRA 2002). The Act principally affects the acquisition and defences questions. It considers whether the Act has achieved its aim of providing a comprehensive and accurate register, and also examines if such an aim is a worthwhile one. The effect of the Act depends on whether C's registration can be said to be a ‘mistake’; but that term is not defined in the Act, and so there is room for disagreement amongst judges and commentators as to how the crucial notion of ‘mistake’ should be interpreted. The Act also concentrates on the different question of whether B can assert a pre-existing legal or equitable property right against C. The Law Commission heralded the reforms made by the LRA 2002 as a ‘conveyancing revolution’. At the same time, further changes to conveyancing practice are warranted in order to tackle the perennial frustration experienced by potential homebuyers.

18. Reform of the Land Registration Act 2002

2021 ◽  
pp. 663-694
Author(s):  
Ben McFarlane ◽  
Nicholas Hopkins ◽  
Sarah Nield
Keyword(s):  
Recent Work ◽  
Land Registration ◽  
The Law ◽  
Law Commission ◽  
Academic Debate

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter looks at recent Law Commission proposals to reform the Land Registration Act 2002 (LRA 2002). It focuses on reforms that relate to situations where there are gaps in the protection of a registered party: rectification and overriding interests. It considers the current law on rectification in three-party cases and the reforms proposed by the Law Commission. It considers not only the Law Commission’s proposals on overriding interests, but also other ideas for reform, such as the extension of indemnity payments. The chapter contrasts the rhetoric in the Law Commission’s recent work with that which preceded the LRA 2002 and notes how the new proposals are based on a more nuanced approach, which balances the need of a registered party against other policy concerns.

18. Reform of the Land Registration Act 2002

Land Law ◽  
2018 ◽  
Author(s):  
Ben McFarlane ◽  
Nicholas Hopkins ◽  
Sarah Nield
Keyword(s):  
Property Right ◽  
Land Registration ◽  
The Law ◽  
The Impact ◽  
Law Commission ◽  
Academic Debate

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter assesses the impact of the Land Registration Act 2002 (LRA 2002) and looks at recent Law Commission proposals to reform the LRA 2002. The Act principally affects the acquisition and defences questions. It considers whether the Act has achieved its aim of providing a comprehensive and accurate register, and also examines if such an aim is a worthwhile one. The effect of the Act depends on whether C’s registration can be said to be a ‘mistake’; but that term is not defined in the Act, and so there is room for disagreement amongst judges and commentators as to how the crucial notion of ‘mistake’ should be interpreted. The Act also concentrates on the different question of whether B can assert a pre-existing legal or equitable property right against C. The chapter considers the detail of some of the Law Commission’s recent proposals to update the LRA 2002, and notes how those proposals are based on a more nuanced approach, which balances the need of a registered party against other policy concerns.

9. The doctrine of anticipation:

2015 ◽  
Author(s):  
Ben McFarlane ◽  
Nicholas Hopkins ◽  
Sarah Nield
Keyword(s):  
Supreme Court ◽  
Legal Rights ◽  
The Supreme Court ◽  
The Creation ◽  
The Impact ◽  
Academic Debate

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter describes how equitable interests may arise through the application of the maxim ‘equity looks on as done that which ought to be done’. The acquisition of equitable rights through this maxim is attributed to the decision in Walsh v Lonsdale. The doctrine of anticipation applies where parties enter a specifically enforceable contract for the creation or transfer of legal estates and interests in land. The doctrine is important in identifying the rights and duties of parties during the course of the transaction. The impact of the doctrine is to develop equitable proprietary rights mirroring the legal rights that ‘ought’ to be granted. Where the effect of the doctrine is to separate legal and equitable entitlement to the same estate, a trust is imposed. The nature of the trust is on usual and its operation has recently been scrutinized by the Supreme Court.

scholarly journals Legal Splinters with Regard to the National Programme for Land Registration and the Land Registry

2020 ◽  
Vol 9 (1) ◽  
pp. 179-180
Author(s):  
Szilárd Sztranyiczki ◽  
Andreea Colțea
Keyword(s):  
Legal Issues ◽  
Legal Issue ◽  
National Program ◽  
National Programme ◽  
Land Registration ◽  
The Creation ◽  
The Law ◽  
Notary Public ◽  
Land Register

The National Program for Land Registration and the Land Registry, which aims to achieve the systematic registration of land in the integrated land cadastre and land register throughout the country by 2023 is in progress. It is a massive undertaking which requires the creation of a new land register and the registration of approximately 40 million immovable assets into it. The present study shows the legal hurdles that have been faced in carrying out the program. These issues are the following: ongoing property and border disputes between the various owners, succession procedures which have yet to be finalized, litigation that has arisen as a result of differences between land measurements and the data in the records held at the land registry. Due to the afore-mentioned legal issues, it is not possible to finalize the systematic registration in the integrated cadastre and land register throughout the country in time (by 2023). Also, there is the legal issue posed by the possibility for the person possessing the immovable asset without valid title to be inducted into the land register as owner, based on a certificate issued by a notary public, which in our opinion, is contrary to the law.

A Practical Approach to Conveyancing

2019 ◽  
Author(s):  
Robert Abbey ◽  
Mark Richards
Keyword(s):  
Cost Effective ◽  
Practical Approach ◽  
Identity Fraud ◽  
Land Registration ◽  
Recent Developments ◽  
Practical Guidance ◽  
The Law ◽  
Stamp Duty ◽  
Everyday Problems ◽  
Law Commission

A Practical Approach to Conveyancing takes a pragmatic, rather than academic, approach to conveyancing. It provides practical solutions to everyday problems encountered by conveyancing practitioners wishing to offer a cost-effective and efficient service. This volume offers a detailed and up-to-date exposition of the key principles and procedures underpinning the conveyancing process. The volume provides practical guidance on each stage of commercial and residential conveyances, with realistic sample documentation to aid in an approach of all aspects of a conveyancing transaction with confidence. This 21st edition has been fully updated with recent developments in the area, including the implications of recent identity fraud cases, changes to conveyancing searches and stamp duty, the new SRA transparency rules, and proposed changes to the Land Registration Act 2002 published by the Law Commission.

22. Cohabitation

Family Law ◽  
2020 ◽  
pp. 223-226
Author(s):  
Roiya Hodgson
Keyword(s):  
Married Couples ◽  
Case Law ◽  
Legal Rights ◽  
Future Developments ◽  
Civil Partnership ◽  
Legal Remedies ◽  
The Law ◽  
Coherent Body ◽  
Law Commission

Cohabitating relationships are not covered by the same coherent body of law available to married couples or civil partners. Many cohabitants mistakenly believe that they acquire legal rights after a number of years of cohabiting, but this is incorrect. Many clients are shocked to find that they have few legal remedies, and that available are far from straightforward. This chapter begins with a comparison of marriage, civil partnership, and cohabitation. It then goes on to discuss the law on cohabitation contracts, as well as case-law relating to this. The Law Commission Proposals and future developments on cohabitation are then discussed.

4. Registration of title

2020 ◽  
pp. 78-120
Author(s):  
Sandra Clarke ◽  
Sarah Greer
Keyword(s):  
Land Registration ◽  
Commission Report ◽  
The Subject ◽  
The Law ◽  
The Government ◽  
Law Commission

This chapter examines registration of title, commonly called registered land, another fundamental reform of the 1925 property legislation. The first attempt at universal registration of title to land was the Land Registration Act 1925. This has since been replaced by the Land Registration Act 2002, which is itself the subject of a recent Law Commission report proposing reforms to the current law. Any transfer of land that is not yet registered will trigger registration of title, and thereafter the land will be subject to the law on registration. The government has announced a commitment to comprehensive registration of title by 2030. The chapter deals with the principles of registration; first registration of title; substantive registration; interests protected by notice, restriction, and overriding interests; alteration and rectification of the register; the correction of mistakes in the register and the payment of indemnity or compensation for mistakes. Proposals for reform are also discussed.

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