The Land Registration Act 2002 has been in force for almost fifteen years. When enacted, the legislation, which replaced the Land Registration Act 1925, was intended to offer a clear and lasting framework for the registration of title to land in England and Wales. However, perhaps confounding the hopes of its drafters, the legislation’s interpretation and application has since generated many unanticipated problems which demand attention.
In this book’s twenty chapters, leading land law scholars, Law Commissioners past and present, judges, and Registry lawyers unpick key technical controversies, and expose underlying theoretical and policy concerns. Core issues addressed in these chapters include: the legitimate ambitions of registration regimes; the nature and security of title afforded by registration; the resolution of priority disputes affecting registered titles; the relationship between the general law and the registration regime; and new challenges presented by modern technological developments.
PART I: FOUR PERSPECTIVES ON MODERN LAND REGISTRATION SYSTEMS 1. A (Former) Law Reformer’s Perspective: Reforming the LRA 2002—Catalysts and Questions Elizabeth Cooke 2. The Land Registry’s Perspective: The Practical Challenges of Land Registration John Pownall and Richard Hill 3. The Land Registration Jurisdiction: An Analysis of the First Twelve Years Edward Cousins 4. A Broader Development Perspective: Economic and Political Drivers of Worldwide Land Registration Reform Pamela O’Connor PART II: CONTEMPORARY PROBLEMS AND SOLUTIONS A. THE NATURE OF REGISTERED TITLE 5. Adverse Possession Under the LRA 2002 Owen Rhys 6. The Continuing Relevance of Relativity of Title Under the Land Registration Act 2002 Amy Goymour and Robin Hickey B. ALTERATION AND INDEMNITY 7. Guaranteed Title: No Title, Guaranteed Emma Lees 8. Can Rectification be Retrospective? Charles Harpum 9. Assessing Rectifi cation and Indemnity: After Gold Harp and Swift 1st Roger Smith 10. De-throning King Midas: The New Law of Land Registration in Scotland Kenneth GC Reid 11. Lack of Proper Care Simon Cooper 12. Reforming the Indemnity Scheme Nicholas Hopkins C. PRIORITIES BETWEEN COMPETING INTERESTS 13. Priority Contests Involving Registered Titles Martin Dixon 14. Subrogation, Priority Disputes and Rectification: Mapping a Route Through the Thicket Stephen Watterson D. THE LAND REGISTRATION REGIME AND THE GENERAL LAW 15. A Tale of Three Promises: Setting the Scene Stephen Watterson and Amy Goymour 16. A Tale of Three Promises: (1) The Title Promise Stephen Watterson and Amy Goymour 17. A Tale of Three Promises: (2) The Priority Promise Stephen Watterson and Amy Goymour 18. A Tale of Three Promises: (3) The Empowerment Promise Stephen Watterson and Amy Goymour E. THE MECHANICAL CHALLENGES OF LAND REGISTRATION IN A MODERN SOCIETY 19. Lessons from Scottish Land Registration Reform: Changes Under the Bonnet Emma Waring 20. Automating State Guarantee of Title Systems: System Design and Possible Outcomes—Australasian Thoughts Rod Thomas, Rouhshi Low and Lynden Griggs
Amy Goymour is University Senior Lecturer in Land Law at the University of Cambridge. Stephen Watterson is Reader in Private Law at the University of Cambridge. Martin Dixon is Professor of the Law of Real Property at the University of Cambridge.
