Essay Argument 2

Question 1

The issue of this argument

Answer 1

Contradictions between section 58 and schedules 4 and 8 stop the register from being clear
Makes it confusing

Question 2

What is the role of section 58

Answer 2

‘conclusiveness’
Guarantee of conclusivity after registration

Question 3

Where is the issue?

Answer 3

Registered titles remain vulnerable post - registration

Question 5

Re Chowood’s Registered Land

Answer 5

Registered proprietor can los title and is still not entitled to an indemnity - affects these people most

Question 6

Lady Hale on these tensions

Answer 6

What does the Act want to achieve?
Scott v South Pacific Mortgages
Tension between dual policy aims
The danger of “letting the land registration tail wag the land ownership dog”

Question 7

Some could say

Answer 7

Indemnities are a great way to make the register clear and comprehensive because they account for human error
“The guarantee of title conferred by registration is well understood not to be absolute”
Underhill LJ in Gold Harp Properties Ltd

Question 8

Rebuttal

Answer 8

Seymane’s case - the house of everyone is to him as his castle and fortress
Property is part of someone’s liberty and security
Having an inconclusive register with contradictions is accepting defeat

Question 9

Reform ideas - long stop

Answer 9

Does section 58 need to be altered so that it does not advertise that the register is conclusive?
Law Commission proposed a long stop of 10 years - after the specified period, an individual’s title will be completely indefeasible and free from any challenges

Question 10

Reform ideas - Scotland

Answer 10

Scottish LRA 2012 has a ‘one-shot’ registration policy
Would stop mistakes being made and minimise the effect of indemnities