One of the key features of the land registration system is said to be the “mirror principle”. With reference to decided cases critically examine this principle and explain to what extent this feature has been enhanced by the implementation of the Land Registration Act 2002
There are two forms of the land registration system; unregistered and registered land. There are four rules that apply to unregistered land in order to protect the rights of sellers and buyers. When land is unregistered all prior legal interests will automatically bind the new owner of the land; this is because The Charges Act 1972 contains a list of burdens on unregistered land requiring protection of the land by entry in to the land charges register. If the land is subject to a trust then the buyer need not worry about any beneficiaries for when the buyer pays the trustees the beneficiaries interests become detached from the land and the money. Due to the Land Registration Act 2002 all unregistered land at the point of sale is required to be registered now.
The Land registration Act 2002 extends the range of events which trigger compulsory first registration making all titles to land registered. The primary aim of the LRA 2002 is to ensure the quick, efficient and inexpensive transfer of estates and interests in land while ensuring that third-party interests in land are properly protected. The interest must be a proprietary interest in the land for example possessory rights or an estate contract. Beneficial interest under a trust of land is sufficient as seen in the case of Boland; mrs boland’s husband the sole proprietor mortgaged the house to thebank and was unable to pay the loan. This led to the bank wanting to sell the house. The HOL decided that...
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...hey were stated on the land registry. As we have seen one of the main reasons for this not happening is because of the time and money consumption occurred when carrying out such a process. However; the LRA 2002 has made this process much cheaper and quicker and could be even cheaper and quicker woth e-conveyancing whereas the process of a potential buyer having to go to great lengths to make an investigation is rather farfetched and somewhat costly and coulld all be avoided if the interests were recorded. Even though the LRA 2002 encourages land registration, it is only at first registration; which doesn’t seem to solve the problem because they are mainly caused at second mortgages. By having interests registered, potential buyers feel assured that thanks to the mirror principle, what they see is exactly what they are getting.
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'.
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?
This is a book report about the book A Thousand Acres. Jane Smiley wrote this book, the grade level is 7.7 and it is worth twenty-seven points. This book is about three sisters who are each trying to be given a third of the farm corporation set up by their father. The aging father is trying to set up the corporation so that the daughters won’t have to pay inheritance taxes. The youngest daughter, Caroline, who happens to be a lawyer does not like this idea. Rose and Ginny think that it is a good idea, they live on the farm. Due to this disagreement the family gets into a big fight. Some not too good memories come out of the fight. The girlsremember the fact that their father molested Ginny and Rose.
In American history the adjective used to describe the 1920s is known as the “Roaring” twenties. During the decade Florida had its own adjective used to describe the real estate market known as the “Land Boom”. The Florida land boom of the 20s was Florida’s first big real estate bubble. During the great land boom of the 20th century Florida saw tens of thousands of Americans flood to the state to move or purchase land. By looking at the how this development of real estate began, who was affected, and how the “Boom” became a soft clap by the end of the decade one can see the immediate impact this event had on the United States.
-Common Law: the “law of the land”(Pool 127), which was built up over many centuries
Although, it appears to be the fact that the land is in this state due
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
The YouTube clip known as ‘The land owns’ us is about a Yankunytjatjara elder and traditional owner of Uluru (Ayer’s Rock), named Bob Randall. This clip is about Bob’s history and life in Uluru (Ayer’s rock) amongst the Muntujulu Community. He talks about the Stolen Generations and his connection to his land. Bob talks about being taken away by the police to Alice Springs, and being a part of the Stolen Generation. This dispossession from ancestral lands caused trauma to many Aboriginal peoples and impact on their connection to their lands.
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.
In order to address the existing complexities in respect to the acquiescence of co-ownership beneficial interests in land, it is important to identify their differences. A co-ownership beneficial in an interest of land can be established thro...
In law there are two types of land, registered and unregistered. It is necessary to register land so the register precisely reflects the state of the registered property, so it is clear to see who the current owner is and whether there are any third party proprietary interests affecting it; this is important as it would make many lal enquiries easier and will show the property’s reality to any future purchasers. The purpose of land registration according to Gray and Gray (2008) is that “any prospective purchaser of registered land should always be able to verify, by simple examination of the register, the exact nature of all the interests existing in or over the land which he proposes to buy”. There are three main principles of land registration: the insurance principle, curtain principle and the mirror principle. The mirror principle which essentially means that the register reflects reality hence all facts significant to the land title are to be found on the register. The significant facts that should be included in the register are “the owner, the nature of his ownership, and any limitations on his ownership and any rights enjoyed by other persons over the land that are adverse to the owner”. However this is not always the case as some third party proprietary interests override registered dispositions, these are called overriding interests. Overriding interests are binding on a purchaser of any registered land even though they are not on the register.
In order to secure land tenure for the urban informal settlers, different countries have introduced licenses or Certificates in different names. However they all have the same objectives. For instance, in Zambia residents are issued with a 30-year Occupancy Licences while the area undergoes through the process of upgrading. These can be later replaced by certificates of title, which carry the same effect as if the landowner were obtaining a direct lease of the land from the state (UN-Habitat, 2012). In Botswana, Certificate of Use is issued to informal dwellers so as to encourage them on further housing investment (Durand-Lasserve, 2006). In Brazil, Concession of the Real Right to Use is issued to residents. The validity period of these licences varies between 30 and 50 year periods but subject to renew (Van der Molen, 2002).
Land Art is created by combining art and nature in a complex way. Land art is also known as Earth Art or Earthworks. This art is designed directly in the physical landscapes with the help of natural substances and organic media like leaves, stones, soil, rocks, water, logs, etc. Mechanical earth moving equipment is also used by few artists. Artists show their reaction against industrialization and urbanization through the land art. Before the origin of modern land art, it has been already created by artists for last centuries. But this land art movement became popular somewhere between 1960 and 1970 in America and soon adopted by the artists all over the world. The main part of this art is reforming and redesigning of the landscape. As it is created by moving things around, adding some available materials and imported substances to the landscape so it becomes impossible to move it from one place to another. It is only developed to make some beautiful change in the environment for sometime as in the end it just degenerates. Some land artworks are very short-lived; just stay for a few hours or days, while others just designed in open and left uncovered so that they can be deformed by erosion or wind over time.