Question:
“Land registration is central to the process of conveyancing. With the inclusion of ‘Overriding Interests’ in S. 70 of the Land Registration Act (1925), and the subsequent uncertainty caused by the interpretation lent to it by a series of judges, the reforms of the Land Registration Act (2002) were essential to restore certainty and predictability.”
Critically discuss this statement with reference to the key literature provided.
The coursework question is predominantly aimed at understanding the role and impact of the land registration system and rules on the transfer of property interests. Before the land register was devised, all land in England and Wales was unregistered and transfers subject to the deed transfer process. Since the Land Registration Act 1925, there has been a push towards getting all land in England and Wales to become registered land. At the same time, the range of interests in land was considerably simplified by means of the Law of Property Act 1925. The push towards registration has been accelerated by the Land Registration Act 2002, largely in response to judicial activism and the creation of new equities, and which has also seen a considerable reshaping of the rules governing overriding interests.
The object of the coursework is to perform a literary critique of key sources identified by the tutors and the arguments they contain, which should also illustrate the various stages through which the land registration system has evolved. Students are encouraged to consult more widely and to identify other sources in the secondary literature that will help shape their arguments.
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