Blackstone's Guide to the Land Registration Act 2002

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ISBN: 9780199257966 | 0199257965
Cover: Paperback
Copyright: 4/10/2003

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Written in a direct and approachable style, Blackstone's Guide to the Land Registration Act 2002 serves as a guide through the extensive changes the Act will bring to the practice of residential and commercial conveyancing. The book provides step-by-step analysis of the Act's practical impact on conveyancing and Land Registry practice. The book also explains how the Act establishes the framework for the future development of e-conveyancing and how a new system of adverse possession will be introduced for registered land.

Table of Cases

Table of Statutes

xvii

An Introduction to the Act and its Ancestry

(10)

An introduction

(1)

The 1998 Law Commission Report

(1)

The 2001 Law Commission Rert and Act

(2)

The objective of the Act

(1)

Early conclusions

(1)

Our approach in this book

(1)

Key points for the practitioner

(1)

Afterword

(3)

A Summary of the Land Registration Act 2002

(12)

Introduction

(2)

Objective of the Act and preliminary matters

(1)

Registration triggers

(1)

Dispositions of registered land

(1)

Third-party rights and protective entries

(1)

Charges

(1)

Registration: general

(2)

Part 7: special cases

(1)

Part 8: electronic conveyancing

(1)

Adverse possession

(1)

Other matters

(1)

Schedules

(1)

Preliminary conclusions

(1)

Key points for the practitioner

(1)

First Registration

(16)

Introduction

(2)

Leases

(1)

Profits a prendre in gross and franchises

(1)

Crown land

(1)

Submarine land

(1)

Voluntary registration (legal estates that may be registered with their own titles)

(3)

Estates in land

(2)

Rentcharges

(1)

Franchises

(1)

Profits a prendre in gross

(1)

Compulsory registration (when title must be registered)

(4)

Transfers of a qualifying estate

(1)

Transfers to which the Housing Act 1985, s 171A applies

(1)

Leases granted for a term of more than seven years from the date of grant

(1)

Reversionary leases taking effect in possession more than three months after the date of grant

(1)

Grant of a `right to buy' lease under the Housing Act 1985, Pt V

(1)

Grant of a lease to which the Housing Act 1985, s 171A applies

(1)

Protected first legal mortgages of a qualifying estate

(1)

Crown land

(1)

Power to add new trigger events

(1)

The duty to register

(1)

Different classes of title and the effect of first registration

(3)

Absolute freehold

(1)

Qualified freehold

(1)

Possessory freehold

(1)

Absolute leasehold

(1)

Qualified leasehold

(1)

Possessory leasehold

(1)

Good leasehold

(1)

Other rule-making powers

(1)

Cautions against first registration

(2)

Applications to lodge a caution

(1)

Objections

(1)

The effect of a caution against first registration

(1)

Cancellation of cautions

(1)

Key points for the practitioner

(2)

Dispositions of Registered Land

(10)

Introduction

(1)

Powers of disposition

(2)

Owner's powers

(1)

Protection for disponees

(1)

Registrable dispositions

(2)

Introduction

(1)

Dispositions required to be registered

(2)

Effect of dispositions on priority

(3)

Priority under the Act

(2)

Priority special cases

(1)

Key points for the practitioner

(3)

Notices, Restrictions and Charges

(16)

Introduction

(1)

Third-party protection, the existing law

(3)

Notices

(1)

Cautions (including cautions against first registration)

(1)

Restrictions

(1)

Inhibitions

(1)

Notices and restrictions, the new regime --- an introduction

(1)

Notices

(4)

Introduction

(1)

Excluded interests

(1)

Applications for the entry of a notice

(2)

Restrictions

(3)

Introduction to restrictions

(1)

The effect of restrictions

(1)

The powers of the registrar to register notices

(1)

Applications for restrictions

(1)

Obligatory restrictions

(1)

Notifiable applications

(1)

Restrictions made by order of court

(1)

Charges

(3)

Relative priority

(1)

The lender's powers --- powers as chargee

(1)

Realization of security

(1)

Miscellaneous matters

(1)

Key points for the practitioner

(3)

Registration Generally

(16)

Introduction

(1)

Conclusiveness of registration

(1)

Boundaries

(1)

Accretion and diluvion

(1)

Upgrading class of title

(2)

Use of register to record defects in title

(1)

Accessing information

(3)

Conclusiveness of filed copies

(1)

Index (formerly Index Map)

(1)

Accessing historical information

(1)

Official searches

(1)

Priority protection

(1)

Form and content of applications to the Registry

(1)

Land certificates and abolition of charge certificates

(1)

Alteration and rectification of the register

(4)

Alteration by the court

(1)

Protecting a proprietor in possession

(1)

Alteration by the registrar

(1)

Costs in non-rectification cases

(1)

Altering the cautions register

(1)

Alteration of documents

(1)

Indemnity

(1)

Key points for the practitioner

(2)

Special Cases

(12)

Introduction

(1)

The Crown

(5)

Voluntary registration of demesne land

(1)

Compulsory registration of grants out of demesne land

(1)

Demesne land: cautions against first registration

(1)

Escheat, etc

(1)

Crown and Duchy land: representation

(1)

Disapplication of requirements relating to Duchy land

(1)

Bona vacantia

(1)

Pending actions, etc

(2)

Bankruptcy

(1)

Pending land actions, writs, orders and deeds of arrangement

(1)

Miscellaneous special cases

(2)

Incorporeal hereditaments

(1)

Settlements

(1)

PPP leases relating to transport in London

(1)

Key points for the practitioner

(2)

Electronic Conveyancing and Other Conveyancing Reforms

(30)

Introduction

(2)

Section 8 of the Electronic Communications Act 2000

(2)

E-conveyancing arising from the Land Registration Act 2002

(4)

Electronic dispositions: formalities

(2)

Land Registry network

100

(1)

Stamp duty and e-conveyancing

101

(1)

The anticipated model of e-conveyancing

102

(4)

E-conveyancing and first registration

106

(1)

State control of conveyancers and conveyancing

106

(1)

Pitfalls of e-conveyancing

106

(1)

A comparison between paper-based conveyancing and e-conveyancing

107

(3)

Schedule 5 of the Act --- the Land Registry network

110

(6)

Access to the network

111

(1)

Terms of access

112

(1)

Termination of access

112

(1)

Appeals against decisions by the registrar

113

(1)

Network transaction rules

113

(1)

The overriding nature of network access obligations

113

(1)

Do-it-yourself conveyancing

114

(1)

Presumption of authority

114

(1)

Management of network transactions

115

(1)

Various miscellaneous supplementary matters

115

(1)

Other conveyancing reforms

116

(4)

Proof of title to registered land

116

(1)

Where a registrable lease is to be granted out of unregistered land

117

(1)

Covenants for title relating to registered property

118

(1)

Covenants implied on the assignment of a pre-1996 lease

119

(1)

E-conveyancing and land and charge certificates

120

(1)

Key points for the practitioner

120

(3)

Adverse Possession

123

(14)

Introduction

123

(1)

No change to unregistered land

124

(1)

The new law

125

(7)

Adverse possession of itself and for however long, will not bar the owner's title to a registered estate

125

(1)

The squatter's right to apply for registration after ten years' adverse possession

126

(1)

The registered proprietor, any registered chargee, and certain other persons interested in the land will be notified of the squatter's application

127

(1)

If the application is not opposed by any of those notified the squatter will be registered as proprietor of the land

128

(1)

If any of those notified oppose the squatter's application it will be refused, unless the squatter can bring himself or herself within one of three limited exceptions

128

(3)

The right for the squatter to make a further application for registration after two more years' adverse possession

131

(1)

Where the registered proprietor brings proceedings to recover possession from a squatter, the action will succeed unless the squatter can establish certain limited defences

131

(1)

The effect of a squatter's registration

132

(1)

Successor in title

132

(1)

Registered charges

132

(1)

Special case of adverse possession

133

(2)

Rentcharges

133

(1)

Trusts --- adverse possession by a stranger of land held in trust

134

(1)

Trusts --- adverse possession by a trustee or beneficiary of land held in trust

134

(1)

Foreshore

134

(1)

Transitional provisions

135

(1)

Delayed introduction of Sch 6, para 5(4)

135

(1)

Preserving vested rights

135

(1)

Key points for the practitioner

135

(2)

Land Registry Administration and Practice

137

(8)

Introduction

137

(1)

The Land Registry

137

(1)

Schedule 7 --- running the Land Registry

138

(1)

Conduct of business

138

(1)

The annual report

139

(1)

Fees and indemnities

139

(2)

Fees

139

(1)

Indemnities

140

(1)

Miscellaneous matters

141

(1)

General information about land

141

(1)

Consultancy and advisory services

142

(1)

Incidental powers: companies

142

(1)

Key points for the practitioner

142

(3)

Adjudication and Other Judicial Provisions

145

(6)

Adjudication

145

(1)

The adjudicator's jurisdiction

146

(1)

Proceedings before the adjudicator

147

(1)

Proceedings before the registrar

148

(1)

Criminal offences

149

(1)

Suppression of information

149

(1)

Improper alteration of the registers

149

(1)

Privilege against self-incrimination

150

(1)

Key points for the practitioner

150

(1)

Overriding Interests

151

(14)

Introduction

151

(1)

Unregistered interests which override first registration

152

(4)

Short leases

152

(1)

Interests of persons in actual occupation

153

(1)

Legal easements and profits a prendre

154

(1)

Customary and public rights

155

(1)

Local land charges

155

(1)

Mines and minerals

155

(1)

Miscellaneous interests

156

(1)

Unregistered interests which override registered dispositions

156

(5)

Short leases

157

(1)

Interests of persons in actual occupation

157

(2)

Legal easements and profits a prendre

159

(2)

Overriding interests abolished by the Act

161

(1)

Registration of overriding interests that come to light

162

(1)

Key points for the practitioner

162

(3)

Text of the Land Registration Act 2002

165

(78)

Index

243

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Blackstone's Guide to the Land Registration Act 2002

Summary

Table of Contents

Supplemental Materials