Land Law and Registration Systems

 

According to the Land Registration Act (LRA) 2002 [1] land must be registered for the first time if it is unregistered and the land is either owned or mortgaged. It is also good to note that registering voluntarily even if unrequited provides benefits such as, proof of ownership and ease of selling, gifting, or transferring land in the future.

The LRA set out four key aims for its implementation, the first aim is to protect third parties from hidden pre-existing property rights. Secondly is a recognition that a register will never be completely accurate or complete, this aim is to recognise the fact that third parties will never be fully protected. With this recognition, it allows the register to be as accurate as possible and allows for minimal inspection or inquiries if problems do arise.  

Thirdly, the LRA sets out that if there is a mistake or omission and loss occurs on the register because of this, the person who suffers that loss is entitled to compensation. Fourthly, there is an aim to change the attitude on how rights are seen, if there is a previous property right the third party should not always be held to that right, previous property rights.

Key References

[1] Land Registration Act 2002

Key Terms

RegisterThe list of all properties, as well as the properties interests, registered in the UK.

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