Main principles of land law registration as per the LRA2002

Main principles of land law registration as per the LRA2002

It is essential to understand that the development of the land registration Act 2002 was necessary towards the drive of the universal registration for people. Further, this was triggered through to meet the compulsory registration, which was contained in the land registration Act 1925. More importantly, there was an extended need for land registration for 1997that has been further to increase the Act. For instance, this has granted leasehold estates more than seven years to be registered to bring business leases onto the register. In regards to this, the power of lard chancellor is provided with the authority to alter such sections by allowing the rentals and lease time to be compulsorily registerable. These are some of the conditions and achievements that have been made by the establishment of the land registration act of 2002. There are also various principles of land which have been achieved and need to be put into consideration.

These consist of the mirror principle, curtain principle, and the insurance principle. The mirror principle with regards to proprietary registry interests means that the benefits on the land would have to be entirely reflected in all the interests, burdens, and rights in the deed. The curtain principle means that only the legal interests are shown in an act, whereas the equitable interests are hidden or ‘behind the curtain’ because they can be overreached to simplify the registration process by leaving them out of the deed. The final policy, which is insurance principle, then acts as an insurance policy, in which it acts as an indemnity if the lawyer, testator, or government makes any error in the registration process or deed that the person may be compensated for such mistakes. These three principles are set in place by way of the Land Registration Act 2002 to incentivize the public to register land and allow for the process of transfers or estates and interests to be substantially simplified. It can generally be agreed that the Land Registration Act 2002 has, for the most part, attempted to make it more convenient for individuals. However, there is a reminder of issues that failed to resolve.

The act went as far as to establish the mirror principle but failing to address the ‘crack in the mirror’ that being overriding interest over land. Substantially this was to ensure that the register would be more accurate on reflecting the interest of the land. As a result, the Act set out the establishment of the moderate context of complications that would arise from the law of piecemeal development of the property. Besides, it also addressed the inadequacies that existed in the overriding interest as well as dealing with the gaps in the registration process. In turn, this provides for a different effect on the completion of the process that was depending on if the registration or unregistered land. Substantially, this would contain potential interest for the arising periods in between the completion and register for the transfer of property.

The overriding interest.

The other achievement from the land registration 2002 was the establishment of overriding interest. The committee of the commission of law depicted the possibility of these overriding interests to be some of the significant challenges in the land reforms. Notably, there were not obstacles experienced in the desire to register land to have an accurate and complete reflection. Instead, thee were significantly changed to override the initial registration as well as registration of disposition. Later the rights to override the first registered were then made to be broader to ensure it would not either reduce or minimize the established rights. These rights that are addressed in the Act consist of leasing land up to seven years, the established profits and the interests as well as easements of people to have an actual occupation. The establishment of actual occupation, on the other hand, within the Act, cannot provide overriding rights under various situations. These consist of instances when the holder makes inquiries and also in cases when they cannot disclose the rights in situations where they are expected to disclose it reasonably. Some commentators have vividly elaborated their concerns to the imaginative interpretations expressed from a result-oriented judiciary system. The conflict, in this case, has been the need to establish the possible reason for not disclosing or even the constitution of a reasonable inspection of the land. It is essential to note that Overriding interest was created by way of the Land Registration Act 1925, such interests are not reflected on a register but are considered binding on a person who acquires an interest. Overriding interests in land mean that unregistered interests may override registered one as per the old law in Ferrishurst Ltd v Wallcite Ltd [1999] Ch 355; [1999] 2 WLR 667 – also in Schedule 3 of the LRA 2002.

The electric conveyancing

The land registration Act 2002 has laid down an essential framework that will assist in shifting from paper conveyancing to electronic mode. Substantially, this does not take an immediate overhaul as it needs a gradual change within the government department. The focus on this provision is established under part eight of the Act, which is enabling the possibility of changes when the need arises for it in the future. Additionally, some practicalities have been allowed and have set provision for the electronic dispositions to ensure the deed can be sighed electronically. Under section 92, the registrar is given the power to set up a suitable electronic communications network for developing e-conveyancing as well as the registration process. More details on this electronic process that have been established entail land registry networks, which can be used to predict issues relating to the security that might arise during the implementation. There are various duties which are given to the registrar and needs to be put into consideration. These consist of setting out schedules, accessing the provided network for communication as well as the ability to convey process which is deemed fit for registration. In general, the development of e-conveyance is critical and can be introduced as an alternative for the traditional conveyancing process when the need may arise for it in the future. However, it is essential to understand the challenges which may be associated with the development of e-conveyance.

Security and fraud cases

There are various concerns that have been expressed towards the development of electronic systems in the management and operations of land registration. The main issues are on the storage safety of the system and the risk involved in mistakes by the internal operators within the department. Nonetheless, there is an assurance by the law commission to improve and strengthen systems in various measures.

Electronic signatures

The other major issue when the establishment of e-conveyance will take place in the cases of electronic signatures. This is assimilated with many instances of identity theft as well as internet fraud practices, which have been witnessed in different circumstances. Additionally, this issue has also attracted the interest of critics and many people since the media brought it as a developing story. The concept of mitigating this risk is through issuing of certificate authority to be authenticated by public key on receipt through the computer. This plays a part in enhancing the security measures that can assist the interception of the conveyancing network.

Reliability

There is also a concern towards the reliability of the e-conveyance of land registration in the future if it is fully implemented. The idea of eliminating paperwork and records has been thwarted by the development of computerized records and their storage. Therefore, processing the titles of the properties into the electronic system should be managed accordingly since it is safe and faster to retrieve in cases of dispute.