This development to curtail the number of adverse possession claims was also assisted in October 2000 when the Human Rights Act 199810 became law in this country, and under Article 1, a person now has a human right to peaceful enjoyment of their possessions and it guards against deprivation of possessions. The council had sent council tax forms for four consecutive years, but the squatter never returned them. There has been an increase of incidents of fraud relating to registered land, the legal consequences of which have been difficult to resolve. Changes to Legislation Revised legislation carried on this site may not be fully up to date. The registration system is now governed by the Land Registry, and has an open principle, which means that under Section 66 1 any person may inspect the register of title.
Now that a definition of land has been provided, one can move on to examine the 1925 Land Registration Act so that it can be compared to the 2002 Land Registration Act to see if there has indeed been a revolution in the sphere of property law. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the affected provisions when you open the content using the Table of Contents below. In this case, it is recommended not granting a lease of more than seven years. Two9 cases concerning Lambeth Borough Council have exemplified this. Additionally it has been suggested by pro-squatting organisations that The Land Registration Act even goes so far as to contradict Agenda 21 of the Rio Convention, which seeks to legalise informal settlements of the poor. Please share the post as many times as you can.
We published a consultation paper on 31 March 2016. A way to avoid the need for cancellation from the register is to grant a lease of less than seven years, with an option on the lease to grant for a further term. Obviously the potential to have any lease of seven years or greater on the public register will be a matter of concern for many landlords. When considering unregistered land, the adverse possessor needs to be in actual possession for 12 years before he can apply for title. The most important part of the 1925 Act was the introduction of a formal land registry, in which registration constituted actual notice of the interest. Article First Published: 31 October 2003 Disclaimer The views on this website are not necessarily those of the Student Law Journal and it is not intended to provide legal advice. The term hereditament just means something that is capable of being inherited and corporeal means something which has a physical or tangible existence.
The introduction of a formal land registry, one that allows the inspection of the register of title, is another sound concept that has brought benefits, as has the changes regarding overriding interests. This was introduced because some overriding interests are so minor they could not all be registered and with public rights of way, it is not always clear who should register them. With over 25 million registered titles in England and Wales — ranging from residential flats to farms and shopping centres — any inefficiencies or uncertainties in the land registration system can also have a significant impact on the property market, and the wider economy. The project formed part of our Twelfth Programme of Law Reform published in July 2014. One of the most controversial aspects of the 1925 Act was Section 70 which dealt with overriding interests. This now means that very specific criteria have to be met to make a successful claim of adverse possession when the land is registered, and this is now more unlikely to happen. The general premise was that on production of title deeds dating back at least fifteen years the vendor is deemed to have good title of a property.
The strong emotions that this topic generates are one of the reasons why the law in this area was reformed in the 2002 Act. It should be noted that a person cannot own land as all land is still owned by the Crown, but rather they have a right in the land or an estate in the land. In these rational terms, it is difficult to whole-heartedly embrace a statutory measure with a narrow and legalistic focus, operating the disbursement of wider social issues. Each of these new changes shall be discussed in due course, the first of which shall be the registration system. It has also been suggested that it should be possible to investigate this ownership online, keeping enquiries and inspections to a minimum. The 1925 Act was also considered a revolution at the time it was introduced, and it was brought in to reduce legal estates and interests capable of existing in order to simplify land law as well as providing mechanisms for dealing with equitable interests. It should be noted here that if a person wants to create or transfer a legal estate or interest in land then they must use a deed, which is a document that has a legal bearing.
This creates the likely scenario that many unrepresented people will simply not bother to cancel the lease from the register defeating the purpose of the system. Inevitably, the outcome of some cases had not looked favourably upon documentary owners. When considering unregistered land, the adverse possessor needs to be in actual possession for 12 years before he can apply for title. The project was not designed to fundamentally reformulate the Act, but to improve specific aspects of its operation within the existing legal framework. In property law, conveyancing is the transfer of legal title of property from one person to another or the granting of an encumbrance such as a mortgage. We recommended some technical reforms to iron out the kinks in the law, help prevent fraud and make conveyancing faster, easier and cheaper for everyone.
Yet, postulations that there is an apparent disparity between cosseting the rights of the paper owner, and denying those of the squatter, against who the statute is apparently prejudiced, have rightly been voiced. This excused the reforms on a technicality and without intervention of a political motive. To conclude, Part 9 and Schedule 6 of the Land Registration Act 2002 have indeed successfully accommodated the principles of adverse possession within land registration provisions- silencing the tabloid press and simplifying conveyancing disputes, for example. Each of these new changes shall be discussed in due course, the first of which shall be the registration system. © Student Law Journal, 2001 - All Rights Reserved. Adverse Possession is a means of informally acquiring title to land in both the registered and unregistered systems.
This could potentially reducing the bargaining power of landlords and restrict the rent that they are able to command on their premises. Increased scope to find comparables for rent reviews and new leases The Land Registration Rules 2003 make it possible for the public to make an application for official copies of documents referred to in the register of title and other documents kept by the registrar. They will be in a weaker bargaining position given that tenants will effectively be aware as to what each of them is paying. Clearly, it can be seen that the government would like to see as little unregistered land as possible, and to see a system in place where it will be the fact of registration and registration alone that confers title. The 2002 Act has brought with it welcome changes, and brought land registration in to the modern age, although it has not represented a revolution in the sphere of property law. When you get a discount code, you use it to place an order through this link, and a waiver applies based on the code you get via email, for example, a 100% discount means no charges will apply. This is a great advantage for landlords and tenants wishing to establish the true state of the market rates.