By Elizabeth Cooke
This e-book is an exam of the legislation of land registration in England and Wales, within the gentle of the Land Registration Act 2002, and specifically on the approach land registration is stimulated by means of, and in flip impacts, the evolution of land legislation as an entire. It examines the felony difficulties that experience arisen in reference to land registration and considers the impression of the 2002 statute, drawing broadly upon the legislation in different jurisdictions and contemplating probabilities for destiny improvement.
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Extra resources for The New Law of Land Registration
33 In others,34 the caveat has protective effect, as does the notice in the English system. 28 Originally 1925, now 1972. See ch 2 below. 30 Although the rules are not entirely straightforward; see ch 2 below, n 66. 31 Land Registration Act 1925, s 52; Land Registration Act 2002, s 32. See ch 5, n 21. 32 For example, New Zealand and South Australia; see P O’Connor, ‘Registration of Title in England and Australia: A Theoretical and Comparative Analysis’ in E Cooke (ed), Modern Studies in Property Law, vol II (Oxford, Hart Publishing Ltd, 2003) (hereafter ‘Cooke, Modern Studies II’), 81, 94.
Alain Pottage, in ‘The Originality of Registration’ (1995) 15 Oxford Journal of LegalStudies 370 at 381, notes how for some years after 1925 solicitors had their clients execute both a registered charge and a traditional mortgage document in order, as they saw it, to ensure that the mortgagee had sufficient powers. It may be that this reluctance to see that the register confers title may explain why English law has found it so difficult to tackle the issue of indefeasibility; see ch 6, below. 39 In An Englishman Looks at the Torrens System (Sydney, Law Book Company, 1957), 8 ff.
36 He need not, because only the register confers title. It is not merely a record of something else. 40 Thus the register screens the purchaser from information which he does not need; the implication, of course, is that those trusts and equities cannot affect him. 41 We might say that title registration is inspired, consciously or otherwise, by a myth, which goes something like this: 35 The terminology belongs to Alain Pottage: ‘The Originality of Registration’ (1995) 15 Oxford Journal of Legal Studies 370 at 383.
The New Law of Land Registration by Elizabeth Cooke