Land Law

Land registration law up for evaluation

Posted by on Apr 18, 2016 in Land Law | Comments Off on Land registration law up for evaluation

Land registration law up for evaluation

A brand-new formula for identifying which of two innocent parties of a land scams must keep the property in concern is among propositions for reform of the legal structure governing land registration in England and Wales to be released today.

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The Law Commission’s assessment opens within a week of the federal government publishing proposals to sell Land Registry to the private sector, a move that would need main legislation.

However the commission specifies that the privatization strategy ‘is not a matter that falls within our job’. Instead, the 500-page file includes a varied review of the Land Registration Act 2002, consisting of manorial rights and chancel liability, overreaching and the security of useful interests and registration of regional land charges.

A ‘prevalent concern’ is how the registration system reacts to fraud, for instance where an innocent buyer buys from somebody who fraudulently asserts to be the owner, hence displacing the legitimate owner from the register. The consultation proposes an arrangement formula ‘to clarify and streamline’ how the innocent victims need to be compensated and which innocent party must end up with the property.

The paper also examines whether more can be done to avoid fraud, including how the land registration system might include more efficient identity checks.

The commission keeps in mind that the 2002 act ‘offered an enthusiastic electronic conveyance model which has actually not yet been attained’. It is seeking views on provisional proposals that will facilitate a more flexible method to the advancement of electronic conveyance.

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Teacher Nick Hopkins, law commissioner for property, family and trust law, said: ‘The landscape within which land registration runs has changed substantially since the 2002 act entered force. Our testimonial provides a chance for landowners, conveyances, lenders and all those with an interest in the property market to tell us how the act has been operating in practice.

‘It enables us to consider where we can bring higher certainty and security and what can be done to reinforce the function of the land register as an assurance of title.

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