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New Perspectives on Land Registration: Contemporary Problems and Solutions

New Perspectives on Land Registration: Contemporary Problems and Solutions

Author: Martin Dixon; Amy Goymour, Stephen Watterson
Publisher: Hart Publishing
ISBN: 9781509906031

Published In: February 2018
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9781509939534

List Price: HKD 2,210.00

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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.

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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