land registry

Topics: Contract, Offer and acceptance, Land Registration Act 2002 Pages: 2 (386 words) Published: November 4, 2013
Land Registry

Land registration is all statutorian (not to study through cases): law is in the statues. The Land Registration Act of 2002 (known as the LRA) changed everything: simplified.

Te essence of registration, of the title is in that one source: the Register (title). When William conquered he agreed a process in the Doomsday book -> what rights people have to it.

So instead of the way it used to be (investigate the deeds, solicitors, etc.): the Register.

(1) The mirror principle
It’s a metaphor but it involves a proposition that the register of the land is like a mirror which immediately reflects the facts but not the history behind the facts. Unless they are registered in the register the title is free = If you’re an ordinary person (not a lawyer) you print the register (it reflects the facts: legal statues) -> makes it easier to sell land.

(2) The curtain principle
This provides that the register is the sole and unique source. Purchasers of the land don’t need trust or equities. Before: you get what you can form the register and you investigate more. Now with the curtain principle: there’s nothing behind the curtains, no more investigation requested.

(3) The insurance principle
If a mistake is made then a state insurance fund will compensate you for any loss you suffered due to that mistake

HM Land Registry:
A: talking about the land
B: talking about the proprietor
C: this contains all of the charges adversly affecting the land

Transfer of land

It occurs by contract = must be a valid contract (capacity to enter into a contract, mutual assent = a valid offer and a valid acceptance, consideration), in writing (an explicit written contract).

Vendor (seller) -> vendee (buyer): the seller would have a lien. Until it’s entirely paid: two persons have proprietor rights to the land.

The process: There used to be 7 steps but since 2002 there are only 6: Prepare the contract (the solicitors: the Law Society) and print it...
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