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Law of property act 1925 and land registration act 2002
Give ten objectives of land registration under land act
Give ten objectives of land registration under land act
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The idea of registering title to land was so that land would be guaranteed by the state and also for it to be relied on as proof of ownership1. This registration of titles would enable a safe, simple and economic system of transferring land between two parties thus, cutting the costs of conveyancing and preventing the chances of fraud from occurring. This system is contained in the Land Registration Acts and supplemented by the Land Registration Rules. A national system of land registration was first attempted under the Land Registration Act 1862. As this voluntary system proved ineffective as well as other further attempts in 1875 & 1897, Land Registration Act (LRA) 19252 was brought into force. The underlying objective of the LRA 1925 was to simplify conveyancing by replacing the older haphazard system of unregistered conveyancing with a system of land registration3. Although the system served well for over seventy years, it was unable to meet the requirements of a modern technological age. The Land Registration Act (LRA) 20024 was then brought into force and repealed the LRA 1925 in its entirety but still applying the fundamental principles.
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1 Judith Bray, Unlocking Land Law (3rd edition, Routledge, USA 2013) 50
2 Land Registration Act 1925
3 Martin Dixon, Modern Land Law (5th edition, Cavendish Publishing, 2005) 17
4 Land Registration Act 2002
¬The LRA 2002 came into force on October 13th 2003 along with a number of objectives. Under the mirror principle, the Register should be an accurate and conclusive reflection of ownership of title and also relevant interests affecting the land in question5. Furthermore, the Act was also aimed at reducing the number of overriding interests in land ...
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... of conveyancing. Eventhough the Act seemed to have the power to compel the use of e-conveyancing, it is not likely that such stern powers would be used, well at least not anytime soon. Before being too critical of the new system, it would be a wise idea to view what the final outcome would be when it is used. Law Commission stated in their Reports No. 254 and 271 that this is more than achievable. Hence, the aim of the LRA 2002 to paint a clear picture of a land on the register might still be accomplished and looking at it from the big picture, e-conveyancing would definitely provide for that as the details, rights and interests attached to a piece of land would clear and open for the viewing of the public.46
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46 references made from The Reform of Property Law and The Land Registration Act 2002: A Risk Assessment by Martin Dixon
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
The Land Reform Act of 1967 permitted the state of Hawaii to redistribute land by condemning and acquiring private property from landlords (the lessors) in order to sell it to another private owner, in this case, their tenants (the lessees). The Hawaii State Legislature passed the Land Reform Act after discovering that nearly forty-seven percent (47%) of the state was owned by only seventy-two (72) private land owners. That meant that only forty-nine percent of Hawaii was owned by the State and Federal Govermnet.The contested statute gave lessees of single family homes the right to invoke the government's power of eminent domain to purchase the property that they leased, even if the landowner objected. The challengers of the statue (the land owners) claimed that such a condemnation was not a taking for public use because the property, once condemned by the state, was promptly turned over to the lessee (a private ...
no-one will bother you on your land” (pg.105). This incident leads to a long chain of corrupt acts. All community members signed, rather, finger printed the document and we’re assured “they could rely on this paper as it is the title to the land”. 105). The 'Standard' is a 'Standard'.
This essay is about the land rights of of Australia and how Eddie Marbo was not happy about his land been taken away from him. In May 1982 Eddie Marbo and four other people of the Murray Islands began to take action in the high court of Australia and confirming their land rights. Eddie Marbo was a torres islander who thought that the Australian laws were wrong and who went to fight and try and change them. He was born in 1936 on Mer which is known as Murray Island. The British Crown in the form of the colony of Queensland became of the sovereign of the islands when they were annexed in1978. They claimed continued enjoyment of there land rights and that had not been validly extinguished by the sovereign. (Australian Bureau of Statistics 2012)
In the year of 1862, Abraham Lincoln signed the Morrill Land Grant Act providing funds for the creation of land-grant schools in each state in the United States of America. Specifically, this act gave each state “30,000 acres…to establish a college that would promote education in agriculture, mechanics, classical studies and military tactics” (Morrill Act). The act provided each state with government funds to purchase the land, but the state itself was required to find the capital to erect the buildings. The Morrill Act was initially introduced to President Buchanan, but he vetoed it based on his belief that it was “financially draining for the Treasury, a threat to existing colleges, and unconstitutional” (Morrill, J.). On the second occasion
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?
-Common Law: the “law of the land”(Pool 127), which was built up over many centuries
The article investigated the individuals that were on the forefront of the enactment of the Morrill Act of 1862 and the events surrounding the act and the role it played in agricultural education. The author stated that while Justin Morrill deserved credit for the passage of the Morrill Land-grant Act, there were others who played a vital role in the initial review and should be credited for their work. In addition, the research examined the authenticity of teacher preparation of agricultural education at normal schools and land grant institutions. With the passing of land grant legislation, a large number of students enrolled in agricultural education courses, which increased the need of preparing teachers in agriculture. However, the article suggested that teachers were not imparting the entire story of the land grant act, because they did not know it. The purpose of this paper is to review the article for the rest of the story of the establishment of the land grant act and its relationship to teacher preparation.
9. Woodgate, R., Black, A., Biggs, J., Owens, D. (2003). Legal Studies for Queensland, Volume 1, ForthEdition, Legal Eagle Publications: Queensland. 10. Woodgate, R., Black, A., Biggs, J., Owens, D. (2003).
Kappler, Charles J. "INDIAN AFFAIRS: LAWS AND TREATIES. Vol. 2, Treaties." INDIAN AFFAIRS: LAWS AND TREATIES. Vol. 2, Treaties. N.p., n.d. Web. 6 Feb. 2014. .
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Foner, Eric, and John A. Garraty. "Homestead Act." The Reader's Companion to American History. Dec. 1 1991: n.p. SIRS Issues Researcher. Web. 06 Feb. 2014.
The purpose of enacting The Land Registration Act 2002, was to combat the uncertainties evolved around the previous Act, Land Registration Act 1925 . The need for reforms was highlighted in a report by Law Commission known as Land Registration for the 21st Century: a Conveyancing Revolution . LRA 2002 repealed LRA 1925, not only simplify the law by maintaining an accurate record of all the rights and alongside interests held by others that affect the land, but also to give certainty the basic concepts engrossed by the 1925 Act as it can be very clearly evident that 2002 Act revolves around the original and principle ideas with amendments.
There is a collective existence of different forms legal systems, because of the country’s diversity in culture, language and religion. This diversity is able to flourish in India only because of representation of different communities. Diversity and pluralism are acknowledged in India which safeguards the interests of different social groups and communities. This led to law being seen as necessarily pluralistic. However, after colonisation there was an effort made by the British to make law uniform, an essential condition in what was seen as ‘modern law’. Nonetheless, after independence an effort was made to have a pluralistic legal system as this would lead to better representation of different communities. This is how the Panchayati Raj system, a form of local self-government came about. Panchayats were reintroduced in 1992 after the British rule, and there a panchayat in every town of village. The people of the village elect the members of the ‘panch’, whose responsibility is the local administration of the village. In many places, gram panchayats are also known as gram sabhas. In this manner, different forms of legal pluralism shape everyday ordering and disputing in rural and urban India. They relate to formal law as well as customary legal orders equally. The two governance systems interact, which can be termed as formal law and traditional law. Customary law is also termed as unnamed law as it does not refer to a specific basis of
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