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Objectives of land registration under land acts
Objectives of land registration under land acts
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The Land Registration Act 1925 was introduced in order to simplify conveyance by placing all information about an estate in land on register which show a mirror of the title to a purchase in a single document called a Title Information Documents. Before property legislation brought into force, the mechanics of conveyancing were obstruct by formalism and surround with danger for all but the most conscientious purchaser. The reliance on title deeds to prove ownership of land was both inconvenient and, for the purchaser, an expensive way to prove title. Land Registration Act 1925, in conjunction with the Law of Property Act 1925 and the Settled Land Act 1925, sought to simplify and codify. It aimed to bring certainty and equality but instead of doing so, it was uncertainty and inequality. In view of this, the Land Registered Act 1925 was repealed and replaced by the Land Registration Act 2002. It seeks to reinforce these goals and make the system fits for all the modern century and electronic age. The basic principle of the Land Registration Act 1925, and now the LRA 2002 is that the Act is total registration, that is, to bring all land in England and Wales on the register and guaranteed by the state as soon as possible. After it was replaced it has dramatically increased triggers for the first registration in order to speed up the process of land registration. Currently over 80 per cent of all potentially registrable titles are in fact registered.
One of the main aims of repealing the LRA 1925 was to transform the Land Register into an entirely electronic registry system which ‘should be a complete and accurate reflection of the state of the title of the land at any given time, so that it is possible to investigate title to lan...
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...against first registration is being phased out; by which after 2 years no applications will be taken and those in the previous 2 years cancelled, meaning that upon sale the property must be registered. The categories of adverse possession and overriding interests have been tapered. In the circumstance of possible adverse possession it clearly lay out between who is an adverse possessor and those that have a legal right in the property. It also makes compulsory application for title by the adverse possessor after 10 years which will be rejected, the court will notify the paper owner and if after 2 years the adverse possession is not ended the title will be given to the adverse possessor. Overriding interests have been narrowed and certain categories, such as legal easements have been made compulsory to register therefore confirming the easy access to conveyancing.
The amendments to the Land Title Act 1994 introduced in s. 185(1A) and s. 11A requiring reasonable steps to be taken to ensure the person who executed the instrument as mortgagor is identical with the person who is, or who is about to become, the registered proprietor of the
To stimulate growth inland, the Homestead Act was initiated. Many traveled overland by horse and wagon on rutted trails and grassland to find a plot of 160 acres of undeveloped land. They were granted title to the land if they “improved” the plot by building a dwelling and cultivating the land. After five years on the land, farmers were entitled to the property, free and clear.
Does the introduction of a system of registration of title remove the need for the law to recognise possessory or equitable interests in land? Why? Why not?
3. - Housing Devon is also stressed because her land lord has put his property for sell. Devon received very little warning about it and would like to know her rights. Devon is planning to move to live with her boyfriend and is considering moving to the North. Attempted phone call to
-Common Law: the “law of the land”(Pool 127), which was built up over many centuries
... stood out more soon than they already did. What we did to them was not nice and that will never change. Some of them survived and their race is now almost one with our own, but it could happen again it may not for years but it is possible. We will do what we think is best almost every time and if you have something we want be prepared to have it taken when we need it.
Defense of the American colonies in the French and Indian War in the years 1754 -1763 and Pontiac's Rebellion in 1763-64 were unbearable to Great Britain. As a means of financing the activities, Prime Minister George Grenville hoped to recover some of these costs by taxing the colonists. The move came known as the Stamp Act of 1965 to be active from November 1956 though passed and enacted on 1964. The act came in place 11 years before America’s independence something that triggered American revolutionary action to oppose tax without representation. The act was passed by Britain parliament and it was to affect all Britain colonies. The essay will give insight of the degree of oppression of the Act to colonies, the radical responses, and American Revolutionary acts that are implicit against the Stamp Act.
From the early 1820’s the Traditional Owners were diposessed of the lands as the area was utilised for timber getting and brick-making.
In the Virginia Stamp Act Resolutions of 1765 the Virginia colonists state their grievances against the newly charged Stamp Act issued by Parliament. Patrick Henry creates a set of resolves against the Stamp Act to deem it formally unconstitutional in the colonist’s eyes. Henrys resolves address the issue of Parliament unjustly taxing the colonists. The five resolves state that the colonists should be treated as fellow Britons in the mother country and they should have the same “liberties, privileges, and immunities.” They are Englishmen and should be treated as such. The Virginia Resolutions to the Stamp Act were crucial in the development of the idea of independence for the American Colonists because it created the principle of no taxation without representation and the understanding that Parliament was running unconstitutionally.
Next, the process moves to the publication of the Notice of Proposed Rule Making through the Federal Register. Congress enacted the Federal Register Act in 1935, so all agency proposals and regulations could be listed for the public. This method allows citizens to know about regulations that can affect them. This system requires the agency to file documents with the Office of the Federal Register and the placement of those documents for public inspection. The documents are posted in the Federal Register and the Code of Federal Regulations. This gives the public the official notice of the rule and its contents. Presidential papers are included in the Register including "proclamations, executive orders, notices and documents the President or Congress require to be published."
The first argument that the author makes against the Stamp Act is that laws passed by Parliament shouldn’t apply to the colonies because they have no representation in the British government. He then declares that therefore, New England will only accept the jurisdiction of the royal governors assigned to offices in America. The author also argues that Parliament is robbing the King of his “sole right to govern” the colonies by passing such unfair acts, and that the King is no better than Parliament if he allows the injustice to continue.
Perhaps the biggest failure in the reservation system affecting current times is in the status of laws and jurisdiction. Communal land ownership and federal trust restrictions on land ownership and use inhibit economic development and many land allotments are owned collectively by groups of individuals. Multiple ownership makes it difficult to manage the lands and it reduces benefits to individuals. It is also nearly impossible to use the land as collateral for obtaining loans because of federal protection from encumbrances on trust
However, the system proved unworkable and an entirely new system was established by the Land Transfer Acts of 1875 and 1897[4]. While it is true that the aims of the Royal Commission have never been fully met by the Land Registration Act (1925), the Act (and subsequent Acts) do go someway towards establishing a purposeful system for the regulation of transactions with land. The purpose of registration is to make the transfer of land simpler, quicker, cheaper and safer; it is the aim of t... ... middle of paper ... ... 7 [40] (1988) AC 54 [41] I.e. that the transfer of land was safer, simpler and economical, legal title was guaranteed, the risk of fraud was reduced and there was no need to trace good root of title [42] Central London Commercial Estates Ltd v Kato Kagaku Co Ltd (1998) Sedley J: 'The [LRA] has not had good press'.
The Land Registration Act 1925 introduced the structure of the registered land, it has now been replaced the Land Registration Act 2002. It became very important to update the Land Registration Act 1925 as the Law commissions report made many recommendations as some of the laws w...
In order to acquire a possessory title to a chattel a degree of physical control appropriate to the nature of the thing possessed (“factual possession”) together with an intention to possess (“animus possidendi”) must be proven. Relativity of title means that the concept of ‘title’, although commonly confused with ‘ownership’ is in fact relative: a person can hold a title to a chattel without being its owner (without having the best possible title). When competing claims to possession are brought before court, it is decided which claimant has the better title, not who has the best possible