Essay plan

Question 1

Introduction

Answer 1

• LRA 2002 passed to reform the LRA 1925
• Criticised following the Law Commission Report on Land Registration for the 21st century
• Set out its aims (underpinned by the 3 principles)

Question 2

Who coined the 3 principles

Answer 2

T.B.F Ruoff

Question 3

The mirror principle

Answer 3

Land Register should reflect all the important and significant details that a purchaser needs to know about a piece of land

Question 4

What does Sch.4, paras 2 and 5 do?

Answer 4

Empower the Land Registry to alter the register and allow the court to make an order for alteration

Question 5

How was accuracy achieved with the LRA

Answer 5

• Sch.4, para. 2, 4 and 5

Question 6

What does Sch.4, para 1 do?

Answer 6

Rectification to the register, applied if correcting a mistake or if the register prejudicially affects the title of a registered proprietor.

Question 7

When will the Land Registry be altered?

Answer 7

mistakes to be corrected, update the register or remove a superfluous entry.

Question 8

What is a problem of accuracy?

Answer 8

alteration and rectification of the register being complex and time consuming

Question 9

How is the LRA 2002 transparent?

Answer 9

• S.32 allows for the creation of a notice which alerts the party acquiring the land of any interests that affect the title, and what interests are binding to them.
• It publicly acknowledges a third party’s interest in the property and ensures that potential purchasers are aware of it

Question 10

What is a problem with transparency?

Answer 10

Overriding interests are unregistered and therefore can affect ownership and interests without purchasers being aware

Question 11

What does Bevan (2024) argue?

Answer 11

overriding interests are ‘weakening and undermining’ registrations objectives and ambitions

Question 12

What did the LRA aim to do with overriding interests? (Bevan 2024)

Answer 12

The LRA sought to ‘restrict and reduce’ the impact of overriding interests and the ‘registration gap’

Question 13

Existing interests are protected under…

Answer 13

s.29(2) LRA 2002 against the purchaser

Question 14

Importance of s.29(2) LRA 2002

Answer 14

when made with valuable consideration and registered, it will take priority over unprotected interests

Question 15

What does s.27(1) LRA 2002 do?

Answer 15

• A registered disposition will not operate at law until registered at the Land Registry
• Having your interest registered at law rather than in equity allows for rights to be better protected

Question 16

What do s.32 and s.40 LRA 2002 do?

Answer 16

permit protection of vulnerable interests due to notices and restrictions

Question 17

What does a notice do?

Answer 17

protects the priority of a third-party interest in registered land due to alerting any party acquiring the land to the interests affecting the title

Question 18

What does a restriction do?

Answer 18

allows limitations on powers of disposition of the registered proprietor in relation to the registered estate. It limits and regulates how a property can be sold, mortgaged and transferred

Question 19

What are the problems with vulnerable interests?

Answer 19

• s.33 LRA 2002 established that some interests, such as a trust of land, cannot be protected by entry of a notice, resulting in a lack of protection under the LRA
• overriding interests do not guarantee protection of interests because purchasers would not know about certain binding interests and cannot protect themselves from it

Question 20

What would a proposal be for both transparency and vulnerable interests?

Answer 20

Register overriding interests in the land registry, Reconsider the curtain principle

Question 21

Overriding interests in transparency further…

Answer 21

emphasises Bevan’s (2024) argument that overriding interests are weakening the aims of the LRA 2002

Question 22

Chamberlain (2002) argues…

Answer 22

the execution of the LRA provided the ‘statutory framework’ for e-conveyancing through sections 90-95 of the LRA 2002

Question 23

What part of the LRA helps for e-conveyancing?

Answer 23

s.90-95

Question 24

Gardner (2014) argues…

Answer 24

the LRA’s provisions were created to ‘ensure that in the future, such registration could and would occur electronically’

Question 25

How has the LRA partially achieved its goal of e-conveyancing?

Answer 25

it enables the electronic execution of documents, and that you can search the Land Registry online through the government HM Land Registry website

Question 26

Why has full digital e-conveyancing not yet been achieved?

Answer 26

put on hold in 2011 due to concerns of fraud and practical difficulties

Question 27

What did the Law Commission in 2016 say about e-conveyancing?

Answer 27

that ‘we feel that for electronic conveyancing to become a reality it is necessary to step back from the goal’

Question 28

What did Gardner (2014) argue about e-conveyacing and traditional methods?

Answer 28

Registration has still been able to function through traditional methods

Question 29

What would a recommendation for e-conveyancing be?

Answer 29

review and improve its anti-fraud measures and evaluate the difficulties and how they can be overcome to ensure the continuation of e-conveyancing for registration

Question 30

Conclusion

Answer 30

- the aims of the system of the LRA have been largely achieved, but there are still aspects that haven’t been fully achieved and would need further reform to help the LRA 2002 fully achieve its aims. - Issue of overriding interests and e-conveyacing - Despite these, the LRA 2002 has achieved the aim of accuracy, partial transparency and protection of interests, and has started the development of modernising the system to facilitate e-conveyancing.