Lecture 21– Registration
Why does registration matter?
Imagine: A grants B a right of way over a track which is the only means of access to B’s
house, Iron Throne House. How does B ensure that when she sell the house, the purchaser
gets the right of way?
C has offered to buy Iron Throne House. How can C (and C’s bank – the mortgagor) be
certain that B is the real owner? The answer lies in registration, both durability and certainty.
Last big change was in 2002 – Land Registration Act
Consultation Paper – 2016 Law Commission
Land is complicated, and the system of registration has to recognise that:
‘[T]oday, most landowners in England and Wales have registered title to their land.
That means that their ownership is recorded on a register kept by Land Registry.
Entry on the register is all that is needed to prove title, and the law does not allow
buyers of land (or lenders) to look behind the register at the deeds and other
documents to establish their title. Furthermore, the law guarantees the correctness of
the register.’ - ULRA,1.1.
So, we can see the weight of the register.
What is meant by the register?
It contains centrally held title details. Each property is registered under its own title number.
All held centrally by the land registry. Each title contains a plan, details of the owner, price
paid and details of matters which benefit and burden the property. Electronic. Open to public
inspection. The register is conclusive, guaranteed by the state, if there are mistakes made on
the title, there are systems of compensation in place. Benefits to registering land. Not all land
in England & Wales is registered (about 15%, usually land which hasn’t changed hand in a
long time).
Land registration was introduced in 1925: Land Registration Act 1925.
It is not compulsory to register land, certain instances which require you to, but no
general obligation. Land registry have implemented rules to increase registration. You
do not need to know about unregistered land.
, Comparison between registered and unregistered:
Unregistered title Registered title
Title proved by ‘good root of title’. Title proved by looking at the
Looking back 20+ years. Flawed register. Less flawed!
No state involvement. The State guarantee the title
No system of compensation for State funded compensation for
mistakes on title mistakes on title
Limited central records of adverse More extensive central records of
rights adverse rights
Ownership is a private matter: no Ownership is a matter of public
way of finding out who owns it. record
Difficulties of proving title of unregistered land
- Good root of title
- Can involve tracing back through numerous conveyances
- documents can get lost or destroyed or hidden
- : problems with undisclosed adverse interests
Land Registration – background to its introduction:
Land Registration Act 1925. Act was not universally welcomed. HAS BEEN
REPEALED.
Registration of Title Order 1989. Introduction of compulsory registration following
certain dealings with land. Main ones were sale or mortgage.
Land Registration Act 2002. STILL GOOD LAW. This is what replaced the 1925
Act.
Land Registry privatisation:
Land registry is a public body. Have been suggestions that it be privatised. It makes no profit,
so makes no sense to privatise it. It raised serious concerns with regard to transparency,
efficiency and security.
Economic benefits of registration:
http://www.bbc.co.uk/programmes/w3csv3gt
The system of land registration is intended to:
Give greater security to owners of land
Why does registration matter?
Imagine: A grants B a right of way over a track which is the only means of access to B’s
house, Iron Throne House. How does B ensure that when she sell the house, the purchaser
gets the right of way?
C has offered to buy Iron Throne House. How can C (and C’s bank – the mortgagor) be
certain that B is the real owner? The answer lies in registration, both durability and certainty.
Last big change was in 2002 – Land Registration Act
Consultation Paper – 2016 Law Commission
Land is complicated, and the system of registration has to recognise that:
‘[T]oday, most landowners in England and Wales have registered title to their land.
That means that their ownership is recorded on a register kept by Land Registry.
Entry on the register is all that is needed to prove title, and the law does not allow
buyers of land (or lenders) to look behind the register at the deeds and other
documents to establish their title. Furthermore, the law guarantees the correctness of
the register.’ - ULRA,1.1.
So, we can see the weight of the register.
What is meant by the register?
It contains centrally held title details. Each property is registered under its own title number.
All held centrally by the land registry. Each title contains a plan, details of the owner, price
paid and details of matters which benefit and burden the property. Electronic. Open to public
inspection. The register is conclusive, guaranteed by the state, if there are mistakes made on
the title, there are systems of compensation in place. Benefits to registering land. Not all land
in England & Wales is registered (about 15%, usually land which hasn’t changed hand in a
long time).
Land registration was introduced in 1925: Land Registration Act 1925.
It is not compulsory to register land, certain instances which require you to, but no
general obligation. Land registry have implemented rules to increase registration. You
do not need to know about unregistered land.
, Comparison between registered and unregistered:
Unregistered title Registered title
Title proved by ‘good root of title’. Title proved by looking at the
Looking back 20+ years. Flawed register. Less flawed!
No state involvement. The State guarantee the title
No system of compensation for State funded compensation for
mistakes on title mistakes on title
Limited central records of adverse More extensive central records of
rights adverse rights
Ownership is a private matter: no Ownership is a matter of public
way of finding out who owns it. record
Difficulties of proving title of unregistered land
- Good root of title
- Can involve tracing back through numerous conveyances
- documents can get lost or destroyed or hidden
- : problems with undisclosed adverse interests
Land Registration – background to its introduction:
Land Registration Act 1925. Act was not universally welcomed. HAS BEEN
REPEALED.
Registration of Title Order 1989. Introduction of compulsory registration following
certain dealings with land. Main ones were sale or mortgage.
Land Registration Act 2002. STILL GOOD LAW. This is what replaced the 1925
Act.
Land Registry privatisation:
Land registry is a public body. Have been suggestions that it be privatised. It makes no profit,
so makes no sense to privatise it. It raised serious concerns with regard to transparency,
efficiency and security.
Economic benefits of registration:
http://www.bbc.co.uk/programmes/w3csv3gt
The system of land registration is intended to:
Give greater security to owners of land
