Land Law: An Analysis of the Land Registration Act 2002

Running head: LAND LAW
Land Law
Name of the Student
Name of the University
Author Note

1LAND LAW
Table of Contents
Introduction:....................................................................................................................................2
Discussion:.......................................................................................................................................3
Application of Land Registration Act 2002:...............................................................................3
Balance between needs of purchaser and interest holder:...........................................................4
Criticism:.....................................................................................................................................8
Adverse possession:.....................................................................................................................9
Conclusion:....................................................................................................................................11
Bibliography:.................................................................................................................................12

2LAND LAW
Introduction:
The law relating to the land is important in nature and a clear provision regarding the
registration of land requires efficient of law governing the ownership of the land. The impact of
land registration on the business and economy is quite great and World Bank has suggested
maintaining an efficient and transparent function for the business and the markets1. Land
Registration Act 2002 was introduced along with certain bodies that represent the law
commission, land registry and the department of Lord Chancellor. The main purpose of the Act
is to ensure that a title over the land should be established by registration. Certain changes have
been observed in this Act and an attempt has been observed to resolve the loopholes of the
previous Land Registration Act 1925 through this Act. According to Neil Cobb and Lorna Fox
(2008), Land Registration Act 2002 has curtailed law regarding the acquisition of title and
certain changes can be observed regarding many provisions of land acquisition under the LRA
2002. The changes include right regarding the adverse possession and rights regarding lease and
mortgage2. In this report, an attempt has been taken to discuss whether the Land Act 2002 has
able to make a balance between its function of taking care of the needs of a purchaser and needs
of an interest holder on the land that is being purchased. The matter related to the adverse
possession has also discussed here.
1 World Bank Group, Doing Business 2016: Measuring Regulatory Quality and Efficiency (October 2015).
2 Smith, Roger. "Forgeries and indemnity in land registration." The Cambridge Law Journal 74.3 (2015): 401-405.

3LAND LAW
Discussion:
Application of Land Registration Act 2002:
The Land Registration Act 2002 was enacted as a response of the Law Commission
Report 271. With the development of electronic media, the legal interpreters have decided to
make the process of conveyancing in electronic way. The main object of Law Commission
Report 271 was based on this fact. The main intention of the jurisprudential bodies is to bring an
unprecedented conveyancing revolution in a short span of time. The law was enacted with HM
land registry that deals with registration of land and property ownership3. It is regarded as largest
property database in Europe. It guarantees certain titles regarding the title to registered estates
and records the ownership rights on freehold property. In modern world, land is regarded as one
of the main economic assets and it is therefore necessary to enact certain specific land reform
regulation so that the rights of the owners and the interest holders can be protected. The legal
provision helps to make a safe transfer of land. The core intention of the Land Registration Act
2002 is to facilitate the e-conveyancing process. The problem regarding registration gap can be
traced out and eliminated through the e-conveyancing process. The land registration system is
three folded. In the first instance, it details the ownership and interest over the land. This
provision helps the purchaser to identify the real owner of the property and nature and limitation
over the land has also been identified by the purchaser. Secondly, hidden interest over the land
has been detected and e-conveyancing helps to make a clear picture regarding the nature and
interest of the purchased land4. Further, if any defect occurs from the registration process and the
purchaser incurs loss from that, the state government will take all the responsibilities regarding
3 Thompson, Mark, and Martin George. Thompson's Modern Land Law. Oxford University Press, 2017.
4 Ferrer, Raquel Serrabassa. "First Registration: Comparative Law Analysis." (2015).