Registered Land

THE LAND REGISTER

• first feature was to ensure that the title to land would be guaranteed by the state; and
• it could be relied on by all prospective purchasers as proof of ownership of property

THE OLD SYSTEM OF UNREGISTERED LAND: based on the purchaser proving title by the possession of title deeds. On each purchase, the purchaser has to investigate the title deeds to ensure that the seller had a 'good root of title' 

• this was wasteful and slightly pointless because there was always a risk of unwanted interests that would become legally binding on the purchaser. 
• 'good root of title' at least 15 years under LPA 1969 s23 
• Land Registry Act 1862 + Land Transfer Act 1875 introduced the principle of registration of title however this system was voluntary and most titles remained unregistered.
• In 1897, compulsory registration was used for the sale of property in London. 
• this was the beginning of compulsory registration of land (Land Registration Act 2002).

FEATURES OF LAND REGISTRATION SYSTEM- 

• CREATES A SYSTEM IN WHICH ONE REGISTER WILL DISCLOSE ALL THE RELEVANT DETAILS CONCERNING OWNERSHIP OF ANY PIECE OF LAND/ ALL OF THE RIGHTS AND INTERESTS THAT BIND THAT LAND.
• REGISTERED LAND ENABLES ESTATES IN LAND (BOTH FREEHOLD AND LEASEHOLD) TO BE SEPARATELY REGISTERED. EACH HAS ITS OWN TITLE ON THE REGISTER.
• ONCE REGISTERED, THE STATE CAN GUARANTEE THE TITLE AND THE PURCHASER CAN ACCEPT THE TITLE WITHOUT MAKING HIS OWN SEPARATE INVESTIGATIONS (LIKE BEFORE WITH THE 'GOOD ROOT OF TITLE').
• the Register is…