New Perspectives on Land Registration: Contemporary Problems and Solutions

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New Perspectives on Land Registration: Contemporary Problems and Solutions

Edited by Martin Dixon · Amy Goymour · Stephen Watterson
Hart Publishing June 2020

Specifications

ISBN-13
9781509939534
Publisher
Hart Publishing
Publication
June 2020
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Hardback

Details

The Land Registration Act 2002 (LRA 2002) has been in force for almost 12 years. When enacted, the legislation, which replaced the LRA 1925, was intended to offer a clear and lasting framework for the registration of title to land in England and Wales. However, confounding the hopes of its drafters, the legislation's interpretation and application has generated many unanticipated problems which require urgent attention. The extent of these problems is strikingly demonstrated by burgeoning litigation around the LRA 2002, often involving some of the knottiest issues in land law, with major financial implications turning on the outcome.

This book exposes both theoretical and policy debates, and more concrete, technical controversies within the law of land registration. Wherever possible, it will also offer appropriate solutions and/or proposals for reform.

Table of Contents

PART I: FOUR PERSPECTIVES ON MODERN LAND REGISTRATION SYSTEMS
1. A (Former) Law Reformer’s Perspective: Reforming the LRA 2002—Catalysts and Questions
Elizabeth Cooke
2. The Land Registry’s Perspective: The Practical Challenges of Land Registration
John Pownall and Richard Hill
3. The Land Registration Jurisdiction: An Analysis of the First Twelve Years
Edward Cousins
4. A Broader Development Perspective: Economic and Political Drivers of Worldwide Land Registration Reform
Pamela O’Connor

PART II: CONTEMPORARY PROBLEMS AND SOLUTIONS A. THE NATURE OF REGISTERED TITLE
5. Adverse Possession Under the LRA 2002
Owen Rhys
6. The Continuing Relevance of Relativity of Title Under the Land Registration Act 2002
Amy Goymour and Robin Hickey
B. ALTERATION AND INDEMNITY
7. Guaranteed Title: No Title, Guaranteed
Emma Lees
8. Can Rectification be Retrospective?
Charles Harpum
9. Assessing Rectifi cation and Indemnity: After Gold Harp and Swift 1st
Roger Smith
10. De-throning King Midas: The New Law of Land Registration in Scotland
Kenneth GC Reid
11. Lack of Proper Care
Simon Cooper
12. Reforming the Indemnity Scheme
Nicholas Hopkins
C. PRIORITIES BETWEEN COMPETING INTERESTS
13. Priority Contests Involving Registered Titles
Martin Dixon
14. Subrogation, Priority Disputes and Rectification: Mapping a Route Through the Thicket
Stephen Watterson
D. THE LAND REGISTRATION REGIME AND THE GENERAL LAW
15. A Tale of Three Promises: Setting the Scene
Stephen Watterson and Amy Goymour
16. A Tale of Three Promises: (1) The Title Promise
Stephen Watterson and Amy Goymour
17. A Tale of Three Promises: (2) The Priority Promise
Stephen Watterson and Amy Goymour
18. A Tale of Three Promises: (3) The Empowerment Promise
Stephen Watterson and Amy Goymour
E. THE MECHANICAL CHALLENGES OF LAND REGISTRATION IN A MODERN SOCIETY
19. Lessons from Scottish Land Registration Reform: Changes Under the Bonnet
Emma Waring
20. Automating State Guarantee of Title Systems: System Design and Possible Outcomes—Australasian Thoughts
Rod Thomas, Rouhshi Low and Lynden Griggs
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