ESSAY PLAN LAND REGISTRATION
PAST PAPER EXAM QUESTIONS WITH
CORRECT ANSWERS
LRA and time (predictions flashcard set) - Answer--LRA uses the theme of time in
many ways:
1)the principle of priority (first i claim first in right)
2)LRA : promotes efficient and accurate update of the register- especially during
transferred land interest/ co-ownership :shared interest (Stack v Dowden 2007)
3)LRA: through the role of AP allows for sufficient amount of time (10-12) years and
intention to possess to make for AP possessionary claim ( also - the original owner
not claiming their land or defending their land through the doctrine of notice due to
other legal obligations for example can lead to the expiration of their legal title
^links to the theme of space and citizenship: and LRA's overall aims of an accurate
register
Could there ever be a perfect register of all rights and interests in land in England
and Wales? What would be the disadvantages of such a system;INTRO - Answer--
definition of land registration:
^history of land registration: tracks back to the 19th cent with the aim to create a
certain/secure LR system: providing security in property transactions
ex)done with 1862; which was highly limited registration was voluntary/provided
uneven transfer register rights: then reformed to 1925 and finally LRA 2002:
-importance of the question:
current talks on reform remain, due to the discrepancies within the ongoing LRA
2002 today
-previous talks of reform; were outlined within the 'Law Commission of 1998'/
controversial case law/
^overall ideas of lack of clarity in the 1925 but also the 'supposedly' reform act of
2002 gives: systematic defaults within the land register system that can easily arise
=hence discussion: is summarised on the question if 'more accurate, accessible, and
cost-effective, and greater clarified certainty can be upheld for property owners and
other stakeholders."
+THEISIS: no potential creation of a new 'perfect' register for all rights/interests
within land registration
^LRA 2002; does its best on LR rights and provides a fair place/priority of registered
rights over overriding rights/interests
LRA has expanded the scope in which overriding rights/third-party rights can be
registered and fairly heard whilst also upholding the UK's traditional ideas of
ownership/land registration
1)strength of LRA 2002: significant in introducing new legal principles positively
impacting land registration rights
2)strengths of LRA: newly introduced system of "class overriding interests"
, ^expnaded the scope of third-party interest which could be registered under LRA
2002; without imposing too heavily on absolute doctrines of the original ownership
3)against thesis: can be argued a wholly new system should be adapted like the
Torrens system (Real property act, 1858)-this act
p1)potential perfect register? no reform is needed and best they way it is
(strength of LRA 2002: significant in introducing new legal principles positively
impacting land registration rights) - Answer-E- a)principle of indefeasibility: provides
a strong level of protection to landowners
^once a person's title to a registered property is recorded on the register: that title
cannot be challenged/defeated by someone else unless there's fraud or some other
exceptional circumstance: such as third-party interests not noted on the right-
including leases/easements
^povides: registered proprietor's title is "conclusive evidence" of their ownership of
the property/any interests: creating certainty/security
=By ensuring that a registered proprietor's title cannot be easily challenged, it helps
to reduce the risk of disputes and litigation over ownership of land.
^can be particularly important in commercial transactions, where parties need to be
able to rely on the validity of property titles in order to make business decisions.
(not absolute)
b)principle of priority S28/29: ensures when there's competing interests in a property,
the first registered interest takes priority over subsequent interests. = meaning
registered original owners have priority of interest rights
^high significance: principle applies to all interests registered on the title, whether
they are legal or equitable interests.
= ensures interests are given the appropriate level of priority.
^helps prevent disputes over ownership/ protect original property ownership.
A)LRA 2002; reflecting society today: and modernisation of land-point
-change of land registration has evolved over time, reflecting changes in society and
technology.
-supported by LR supporting marketability of land- economic success; outline by
Harvey 2005
(predictable legal system is necessary to establish and enforce private property
rights, which allows individuals to use and benefit from their property.)
C-LRA 2002; has systematic errors; thus reform is needed to create the 'perfect' r
p2)potential of a perfect register? : NO-reform is not needed and the current LRA is
'perfect' within realities of the UK
(strengths of LRA: newly introduced system of "class overriding interests) - Answer-
E)strengths of LRA: a newly introduced system of "class overriding interests:
PATH A) points from principle of prieity: new resigrtraionr reduced the scope of
overriding interest without impossingt o much challenges on thrid party/ overriding
interest holders within the UK- or those gain land In non conventional ways
-ex) of this is equity follows the law link within LR system / further more the aim of
the LR system to represent rights accuracy within England/wales thus it has to be
PAST PAPER EXAM QUESTIONS WITH
CORRECT ANSWERS
LRA and time (predictions flashcard set) - Answer--LRA uses the theme of time in
many ways:
1)the principle of priority (first i claim first in right)
2)LRA : promotes efficient and accurate update of the register- especially during
transferred land interest/ co-ownership :shared interest (Stack v Dowden 2007)
3)LRA: through the role of AP allows for sufficient amount of time (10-12) years and
intention to possess to make for AP possessionary claim ( also - the original owner
not claiming their land or defending their land through the doctrine of notice due to
other legal obligations for example can lead to the expiration of their legal title
^links to the theme of space and citizenship: and LRA's overall aims of an accurate
register
Could there ever be a perfect register of all rights and interests in land in England
and Wales? What would be the disadvantages of such a system;INTRO - Answer--
definition of land registration:
^history of land registration: tracks back to the 19th cent with the aim to create a
certain/secure LR system: providing security in property transactions
ex)done with 1862; which was highly limited registration was voluntary/provided
uneven transfer register rights: then reformed to 1925 and finally LRA 2002:
-importance of the question:
current talks on reform remain, due to the discrepancies within the ongoing LRA
2002 today
-previous talks of reform; were outlined within the 'Law Commission of 1998'/
controversial case law/
^overall ideas of lack of clarity in the 1925 but also the 'supposedly' reform act of
2002 gives: systematic defaults within the land register system that can easily arise
=hence discussion: is summarised on the question if 'more accurate, accessible, and
cost-effective, and greater clarified certainty can be upheld for property owners and
other stakeholders."
+THEISIS: no potential creation of a new 'perfect' register for all rights/interests
within land registration
^LRA 2002; does its best on LR rights and provides a fair place/priority of registered
rights over overriding rights/interests
LRA has expanded the scope in which overriding rights/third-party rights can be
registered and fairly heard whilst also upholding the UK's traditional ideas of
ownership/land registration
1)strength of LRA 2002: significant in introducing new legal principles positively
impacting land registration rights
2)strengths of LRA: newly introduced system of "class overriding interests"
, ^expnaded the scope of third-party interest which could be registered under LRA
2002; without imposing too heavily on absolute doctrines of the original ownership
3)against thesis: can be argued a wholly new system should be adapted like the
Torrens system (Real property act, 1858)-this act
p1)potential perfect register? no reform is needed and best they way it is
(strength of LRA 2002: significant in introducing new legal principles positively
impacting land registration rights) - Answer-E- a)principle of indefeasibility: provides
a strong level of protection to landowners
^once a person's title to a registered property is recorded on the register: that title
cannot be challenged/defeated by someone else unless there's fraud or some other
exceptional circumstance: such as third-party interests not noted on the right-
including leases/easements
^povides: registered proprietor's title is "conclusive evidence" of their ownership of
the property/any interests: creating certainty/security
=By ensuring that a registered proprietor's title cannot be easily challenged, it helps
to reduce the risk of disputes and litigation over ownership of land.
^can be particularly important in commercial transactions, where parties need to be
able to rely on the validity of property titles in order to make business decisions.
(not absolute)
b)principle of priority S28/29: ensures when there's competing interests in a property,
the first registered interest takes priority over subsequent interests. = meaning
registered original owners have priority of interest rights
^high significance: principle applies to all interests registered on the title, whether
they are legal or equitable interests.
= ensures interests are given the appropriate level of priority.
^helps prevent disputes over ownership/ protect original property ownership.
A)LRA 2002; reflecting society today: and modernisation of land-point
-change of land registration has evolved over time, reflecting changes in society and
technology.
-supported by LR supporting marketability of land- economic success; outline by
Harvey 2005
(predictable legal system is necessary to establish and enforce private property
rights, which allows individuals to use and benefit from their property.)
C-LRA 2002; has systematic errors; thus reform is needed to create the 'perfect' r
p2)potential of a perfect register? : NO-reform is not needed and the current LRA is
'perfect' within realities of the UK
(strengths of LRA: newly introduced system of "class overriding interests) - Answer-
E)strengths of LRA: a newly introduced system of "class overriding interests:
PATH A) points from principle of prieity: new resigrtraionr reduced the scope of
overriding interest without impossingt o much challenges on thrid party/ overriding
interest holders within the UK- or those gain land In non conventional ways
-ex) of this is equity follows the law link within LR system / further more the aim of
the LR system to represent rights accuracy within England/wales thus it has to be
