The achievements of the land registration act of 2002

The achievements of the land registration act of 2002

Introduction

Land registration can be defined to be a system that addresses issues relating to the possession, rights associated, and ownership of land. Further, they are usually recorded by the government agency to provide the necessary evidence of title, to facilitate transactions and also prevent cases of unlawful disposal. In the U.K system, the land registration act was enacted in 2002 in the parliament to repeal and replace the past governing legislation on land registration. The Act is critical in regulating the roles and practices of the HM registry of land. It is essential to understand that the Act has been modernized as well as simplified as a law for the land registry. Besides, it has also made the registry to reflect accurately to picture the title of the land by showing more rights and subsidiary interests which affects it. Individuals can obtain the details of the registration after paying the prescribed fees for the processes. The precautionary measures have also been introduced in this lands Act by enabling the involved parties to identify people attempting to change the records for the land titles. As a result, it is necessary to note that there will be no details for any land that has not had a credible transaction on transferring ownership. There is also a public digital version for the boundaries and aerial view of photography to determine the location and land specifics. This study will assist in evaluating the extent to which the land registration Act of 2002 has been achieved.

The achievements of the land registration act of 2002

The primary aim of the land registration Act of 2002 was to assist in ensuring that land ownership in the U.K was able to take a form of title by registration instead of registration of title. The focus on this is to enhance the marking of a radical departure from centuries, which existed in land law being established as a basis of title. Therefore this was an act of proof for the majority to protect their properties in the future invasion. The enactment of this Act was in response to the law of commission to create new land register with the task of designing as well as revolutionizing the regulations of land ownership. Over the past years, there has been an evolution in regards to understanding land as an asset within the country. Various developments have been achieved due to this creation of this Act in the country.

Provision for voluntary registration of land

This is one of the achievements experienced since the repeal of this Act of land registration within the country. Additionally, there are cases when this voluntary registration has been enhanced among the people within society. The cases which have been enhanced for this circumstance entails a freehold or even an estate on leasehold in the land, a franchise made out of a grant from the crown that consists of the right of holding a market. Besides, under this achievement, there is a stipulation that provides an entitlement for the first registration of land where it belongs legally to the owners of the land. The next case for registration may take place regarding the powers vested to such individuals in cases of being the nominees to manage the land. Lastly, the other achievement which can be experienced under this section is established changes from the existing laws which have to enable leases with more than 20 years to be considered for voluntary registration.

Compulsory registration achievement

The setting approvals for compulsory registration, as established in the land Acts has been achieved in different ways. The concern has been set to ensure that there is a provision of events which may encourage the compulsory first registration of title. Although these situations were updated in the previous repeal of land laws, the replication of the position has improved considerably. For instance, some aspects have been put into considerations in regards to transfers such as the establishment of value or other considerations on estate ownerships. Besides, the rules set as a way of gift in land possession has also been addressed amicably. This is enhanced through beneficial interest for the property held under the trust. Similarly, another situation can take place through the court order through vesting assent. The compulsory registration takes place in cases where there is a grant of lease to take effect for about three months. This is an achievement since it was designed to assist in avoiding traps of conveyance like the reversionary leases that are created. More importantly, there is also the power to these provisions, which have also been determined as essential in land registration. Substantially, this enables the chancellor for land to add more events to situations that may prompt compulsory registration of land. Similarly, there is also the duty to apply for registration of title. This has enabled the land owns to has a period given for registration to meet the requirements needs by the government agencies. The effect of non-compliance with these powers and the duty to apply has also been established where the transfer can not be accepted, and the transferor is holding legal estate mainly on the trust for the transferee. There are also cases to repeat a transaction for land registration, although it would be the responsibility of the individuals to take into consideration the costs involved.

Achievement on the determination of classes of tittles

There are different classes of titles that have been established through the development land registration Act of 2002. These have assisted in differentiating the estates which people hold within the country. The title of freehold states is one of the titles where an individual often applies to gen registered as one of the proprietors of a freehold estate. These individuals are considered to have absolute and qualified titles. This type of title is received when a person registering is considered by the register to have a buyer who is willing to obtain the property if they accept the advice made on purchase. The availability of existing qualified titles may be difficult to get, but they are appropriate whether the transfer process of the applicants had breached the trust. The title possessed under this case exist only when the applicant is known to be the actual receipt of rent and profits gained from the land. The other type of title which has been established by the Act is the title to lease household estates. This case takes place when an individual applying for the registration as a proprietor for the leasehold estate becomes the absolute proprietor and also qualifies for the title in the long run. Moreover, this situation has also enabled individuals to have an absolute title where the registrar would consider such a title to be registered when the wiling buyer is also advised according to accept the transaction for the title. Similarly, the defective titles can also be registered when the registrar determines the fact that it will not cause the holding under in it to be challenged. This can be given in the form of a defective title and qualified for revision after an established time or in case it is subjected to reservations.

Cautions against the establishment of first registration achievement.

The repeal of the land registration Act of 2002 has led to the achievement of Cautions against the establishment of first registration. This provides for a mean where an individual having an interest in unregistered land can be informed of an application for the first registration of the title to an estate in that given land. Furthermore, this Act enables individuals claiming or even having an interest in the unregistered land, which permits them to have objection for disposition cases without consent. Therefore, such affected people need to register by applying to lodge a caution to the registrar of lands. There are various impacts on the development of Cautions against the establishment of first registration achievement to individuals in the U.K. It has provided a right to lodge where it enhances the need to confer a right for an individual with interest in a qualifying estate to put up a caution. The main concern under this impact is that the qualifying estate is considered to be a legal estate relating to land having a caution. Besides, it can also be recognized as one of the estates registered. However, it is necessary to understand the effects on the caution since it gives the right for notification in the application for the first registration. This is often enabling the creation of objection to be made. Besides, it does not affect the validity of the interest where the cautioner may have the mandate for the legal estate relating to claims of caution. Under the Cautions against the establishment of first registration achievement, there is also a useful provision that has been developed to assist landowners on cancellations. The focus of this is to provide for the cancellation with a caution against the initial registration of land. It is essential to note that only the estate owner has the prescription of rules and can be responsible for applying for cancellation. These owners of the land have been given the consent to claim for issuance of the first registration.

The achievement on the disposition of registered land

The development of disposition of registered land is also another milestone gained through the repeal of the land registration Act of 2002. The title of the land can be considered defective when the owners have limited powers and deemed to significance in making a disposition beyond them. However, this Act does not establish whether an individual may only rely on the register to indicate the possibilities of any limitation for the power of proprietor registered. The achievement made regarding these claims provides various initiatives that need to be put into consideration. The power of the owners is one of these issues which have been elaborated in a clarified context. There are unlimited powers that are stated by this Act to make a personal change to the existing law. Notably, there is a presumption made on the fact that the registered charge would take effect as a way for a legal mortgage only when there is an explicit provision to the contrary. Similarly, this can also be established when it takes effect for a mortgage by demise. The other initiative that has been achieved under the disposition of registered land is the understanding of the mode of exercise. This has enabled the lord chancellor to have the role of prescribing a form as well as content for any registrable disposition for an estate. This has been improved considering the past Act of land registration in 1925. Substantially, this makes it possible for the lord chancellor to prescribe a form by making rules to cover ant types of disposition depending on the effect of registration. Lastly, the other concern that has been achieved in this case is the protection of disponees. This entails that disponee has the authority to proceed even in the absence of such entry because they have unlimited powers on the ownership for the title for the owners. For instance, if one of the trustees has a concern to disposal limitation powers, then they may fail to enter the restriction to reflect on this fact. Therefore, when they transfer land to another person in cases which are not accepted, then they would be deemed to commit a breach of trust. Therefore, it the third party new such breaches of the trust when making the transfer, such individuals would be made accountable for their actions.

In general, various achievements have been experienced under the repeal of the land registration Act of 2002. These consist of various achievements discussed in the paper above. The aim is to assist in ensuring that land ownership in the U.K was able to take a form of title by registration instead of registration of title. The focus on this is to enhance the marking of a radical departure from centuries, which existed in land law being established as a basis of title. Therefore, this was an act of proof for the majority to protect their properties in the future invasion. The enactment of this Act was in response to the law of commission to create new land register with the task of designing as well as revolutionizing the regulations of land ownership.