Registered Land Law and Practice under the Land Registration Act 2002

Author: Charles Harpum; Janet Bignell
Publisher: LexisNexis U.K.
ISBN: 9780853088905
Published In: December 2004
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents
Author

Details

An authoritative explanation of the statutory framework, combining a detailed examination of the legal issues with practical guidance on working with the procedures

The Land Registration Act 2002 and the rules made under it represent the biggest change to property and conveyancing practice since 1925.

Registered Land - Law and Practice under the Land Registration Act 2002 provides an authoritative explanation of the new statutory framework, combining a detailed examination of the legal issues with practical guidance on working with the new procedures. This work is based on the popular Registered Land - The New Law, but has been significantly expanded and updated to take account of the implementation of the Act, the Rules and recent case-law.

Following the implementation of the Act a number of areas of uncertainty and difficulty have arisen in practice and receive detailed treatment in this work, including:

leases in registered land;
disclosure of leases and charges and exempt information documents;
the procedure for the determination of a boundary;
dealing with adverse possession applications; and
the treatment of easements.

The full text of the Act (as amended) together with the Rules, key forms and related statutory instruments are included providing a single comprehensive source for all land registration matters.

The background to, underlying principles and implementation of, the Act

FIRST REGISTRATION

Voluntary and compulsory first registration
Classes of title
The effect of first registration
Cautions against first registration
First registration by the Crown

DEALINGS WITH REGISTERED LAND

Powers of disposition
Powers of disposition
Registered dispositions
Priorities
Notices and restrictions
Unregistered interests which override registered dispositions
Charges
Special cases

REGISTRATION AND THE REGISTER

The register of title and indices
Registration and its effects
Boundaries
Use of register to record defects in title
Accessing information
Priority protection
Forms, applications, execution of documents and notices
Land and charge certificates
Alterations to the register
Indemnity

CONVEYANCING

Proving title
Covenants and covenants for title

ELECTRONIC CONVEYANCING

Electronic conveyancing
The Land Registry network
Making e-conveyancing compulsory

ADVERSE POSSESSION

Aims and scheme of the Act
Application for registration by a person in adverse possession
The effect of registration of a person who had been in adverse possession
Possession proceedings
Special cases

ADJUDICATION AND OFFENCES

Adjudication
Offences

THE LAND REGISTRY

Appendices

Statutory materials
- Land Registration Act 2002
- Land Registration Rules 2003; SI 2003/1417
- Land Registration (Referral to the Adjudicator to HM Land Registry) Rules 2003 SI 2003/2114
- Adjudicator to Her Majesty’s Land Registry (Practice and Procedure) Rules 2003, SI 2003/2171
- Land Registration Act 2002 (Transitional Provisions) Order 2003, SI 2003/1953
- Land Registration (Proper Office) Order 2003, SI 2003/2040
- Land Registration Fee Order 2003, SI 2003/2092
- Land Registration (Acting Chief Land Registrar) Regulations 2003, SI 2003/2281
- Land Registration (Acting Adjudicator) Regulations 2003, SI 2003/2342
Statutory forms
- Form ADV1
- Form AN1
- Form AP1
- Form AS1
- Form CH1
- Form CT1
- Form EX1
- Form EX2
- Form FR1
- Form NAP
- Form OC2
- Form RX1
- Form SIM
- Form TP1
- Form TR1
- Form UN1

Charles Harpum is a barrister at Falcon Chambers. He was formerly Law Commissioner for England & Wales (1994-2001) and worked on the legislation from its inception. He acted as consultant to HM Land Registry during the passage of the Bill through Parliament.

Janet Bignell is a barrister at Falcon Chambers, and a contributing editor to many leading property law publications.