What is Land?

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Recommended: Land registration and its principles

Land, as defined in s205(1)(ix) Law of Property Act 1925 (hereafter LPA 1925), is both tangible in nature by its physical assets and intangible by the rights and interests in and over the land. It is important to note that as physical property is attached to the property and transfers under new ownership, so are the rights and interests attached and transferred with it, both the benefit and the burden. The problem however was identifying the rights being transferred which was made easier by the legislative reform to advocate land registration, this in turn formed two separate systems in land law, the system of registered land where the basis of ‘title’ was in the Register and the old system of unregistered land where the basis of ‘title’ required finding the ‘root of title’ over fifteen years to confirm possession. In doing so, it ensures the current vendor has the right over the land for it to be sold, in addition to any defects of title and any rights/interests that are associated within the land for the purchaser to be made aware of.

In addition to the aforementioned problem of identifying the rights was the complex process of discovering ‘root of title’ and finding the owners of the said rights in order to protect their interest in a piece of land. However the problem rested majorly in the name-based land charges register which made the process difficult by land charges incorrectly recorded against wrong or incorrect versions of names. Another problem was the protection of rights for those ‘in actual occupation’ who would lose the right if the right was not registered, as occurred in Hollington Bros v Rhodes [1951] and Lloyds Bank v Carrick [1996]. It is therefore understood that there is an onus on the purchaser, regardles...

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.../www.lawteacher.net/land-law/essays/under-the-land-registration-act-law-essays.php [accessed 5 May 2014]

E-LAWRESOURCES., 2014. Williams & Glyns Bank v Boland [online]. E-lawresources. Available at: http://e-lawresources.co.uk/Land/Williams--and--Glyns-Bank-v-Boland.php [accessed 5 May 2014]

LAND REGISTRY., April 2012. Practice Guide 15 – Overriding interests and their disclosire [online]. Croydon: Land Registry. Available at: http://www.landregistry.gov.uk/professional/guides/practice-guide-15 [accessed 5 May 2014]

JaceyWongL.C, 2012. Land Law - Leases. Dear Samantha S [blog] 5 May. Available at: http://theladyj2nd.blogspot.co.uk/2012/05/land-law-leases.html [accessed 8 May 2014]

H1, 2012. Easements & Profits à Prendre. UK Law [blog] 3 June. Available at: http://lawnotesh1.blogspot.co.uk/2012/06/easements-profits-prendre.html [accessed 8 May 2014]

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