The principles governing the register are three-fold. The practical change resulting from the creation of the land register is that legal ownership of land now follows from the fact of registration, rather than from the documentary or other evidence submitted ‘in support’ of an application to register. E-conveyancing eliminates the ‘registration gap’, which under a paper system can create real problems for purchasers: until registration of title purchasers of land only have an equitable interest despite having completed the contract with the vendor thus they can find their property affected by actions taken ‘in the gap.’ E-conveyancing would be instant, automatically updating the register at the moment the transaction takes effect, and nullifying this uncertainty. The primary intention was to facilitate widespread e-conveyancing. Hence, the creation of a national land register by the LRA 2002 was not simply an academic exercise to document, modernise and streamline all existing rights over patches of national ground. Landowners need to know both the precise reaches of their geographic plot and the extent of, including limitations restricting, their legal position so that they may use, enjoy and protect their asset, and transfer it at will easily and safely. Over the 21st century land has evolved to become a key economic asset it has therefore become ever more imperative that ownership can be accurately and easily determined.
The central focus of the Act was creation of a new land register: this gargantuan task was designed to revolutionise regulation of land ownership. The LRA was enacted in response to the Law Commission Report No. However, I propose to argue that the Act’s statutory vision of a perfect orderly register will never be wholly realised firstly, because the Act was not ruthless enough, retaining overriding interests despite being anathema to rational order, and secondly, because the Act’s ruthlessness in pursuit of said order led to the provision of a statutory framework for adverse possession, which provided a platform for it to thrive and survive, not ‘off the record’, but within the confines of registration as the epitome of land law. Undoubtedly both aims are partially achieved. By single-mindedly and ruthlessly focusing on registration as the way to, and proof of, title, the 2002 Act both seeks to impose order on land ownership, and protect it more vigorously.
The core aim of the Land Registration Act (LRA) 2002 is “to ensure that ownership of land in England and Wales takes the form of ‘title by registration’, rather than ‘registration of title’.” This marks a radical departure from centuries of land law, which established possession as the basis of title. Share this: Facebook Twitter Reddit LinkedIn WhatsApp
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