Assessing Land Registration
Past Paper Question
‘The scheme established by the Land Registration Act 2002 is certainly not a scheme of title by registration, as
there are many circumstances in which a party acquiring a registered title may be affected by rights that are not
recorded on the register.’
Discuss (May 2017, Q4)
External Perspectives
(1) Economic Efficiency
Conveyancing costs in 1860: 2-3% of purchase price
Conveyancing costs now: 0.5% of purchase price
(2) Gender Bias
Important to recognize informally created rights
Legal property rights tend to be held by male counterparts without the recognition and enforcement
of informally created rights, female counterparts will be inherently disadvantaged by the system when
it comes to rights disputes
Internal Perspectives
Title by Registration vs Registration of Title
Legal Estate
LRA 2002 s.58(1) (Lecture 6)
‘If, on the entry of a person in the register as the proprietor of a legal estate, the legal estate would not otherwise
be vested in him, it shall be deemed to be vested in him as a result of the registration.’
Good argument could be made on an alternate interpretation of the s.58(1) to suggest that it is a
registration of title, even though the proposal bill seemed to suggest that it was intended to give effect
to the concept of title by registration
Overriding Interests
Arguably not justified – contributes to argument of ‘registration by title’ where owner has legal ownership
but does not get any benefits
Even if I am registered as a legal owner, I can still be subjected to overriding interests [which are
not registered] arguably that I do not really have the owner’s powers
LRA 2002 s.32
Nature and effect
(1) A notice is an entry in the register in respect of the burden of an interest affecting a registered estate or
charge.
(2) The entry of a notice is to be made in relation to the registered estate or charge affected by the interest
concerned.
Past Paper Question
‘The scheme established by the Land Registration Act 2002 is certainly not a scheme of title by registration, as
there are many circumstances in which a party acquiring a registered title may be affected by rights that are not
recorded on the register.’
Discuss (May 2017, Q4)
External Perspectives
(1) Economic Efficiency
Conveyancing costs in 1860: 2-3% of purchase price
Conveyancing costs now: 0.5% of purchase price
(2) Gender Bias
Important to recognize informally created rights
Legal property rights tend to be held by male counterparts without the recognition and enforcement
of informally created rights, female counterparts will be inherently disadvantaged by the system when
it comes to rights disputes
Internal Perspectives
Title by Registration vs Registration of Title
Legal Estate
LRA 2002 s.58(1) (Lecture 6)
‘If, on the entry of a person in the register as the proprietor of a legal estate, the legal estate would not otherwise
be vested in him, it shall be deemed to be vested in him as a result of the registration.’
Good argument could be made on an alternate interpretation of the s.58(1) to suggest that it is a
registration of title, even though the proposal bill seemed to suggest that it was intended to give effect
to the concept of title by registration
Overriding Interests
Arguably not justified – contributes to argument of ‘registration by title’ where owner has legal ownership
but does not get any benefits
Even if I am registered as a legal owner, I can still be subjected to overriding interests [which are
not registered] arguably that I do not really have the owner’s powers
LRA 2002 s.32
Nature and effect
(1) A notice is an entry in the register in respect of the burden of an interest affecting a registered estate or
charge.
(2) The entry of a notice is to be made in relation to the registered estate or charge affected by the interest
concerned.
