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Chapter

Cover Land Law

3. Registration  

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter consists of an introduction to one of the core parts of modern land law: land registration. It provides a relatively brief introduction to the idea of registration of title and examines some of the key aims of the Land Registration Act 2002, looking at how the special features of land can explain the prominence of registration systems in land law and considering, in particular, the means by which the Act protects registered parties and the circumstances in which that protection is limited.

Chapter

Cover Land Law Directions

4. Registration of title  

This chapter examines registration of title, commonly called registered land, another fundamental reform of the 1925 property legislation. The first attempt at universal registration of title to land was the Land Registration Act 1925. This has since been replaced by the Land Registration Act 2002, which is itself the subject of a recent Law Commission report proposing reforms to the current law. Any transfer of land that is not yet registered will trigger registration of title, and thereafter the land will be subject to the law on registration. The government has announced a commitment to comprehensive registration of title by 2030. The chapter deals with the principles of registration; first registration of title; substantive registration; interests protected by notice, restriction, and overriding interests; alteration and rectification of the register; the correction of mistakes in the register and the payment of indemnity or compensation for mistakes. Proposals for reform are also discussed.

Chapter

Cover Textbook on Land Law

6. Registered land  

Course-focused and comprehensive, the Textbook on Land Law provides an accessible overview of one key area on the law curriculum. The Land Registration Act 1925, which governed the system of registered land, was repealed and replaced by the Land Registration Act 2002, which in the main came into force on 13 October 2003. This chapter focuses on the terms of the 2002 Act and the rules made under it (Land Registration Rules 2003). The discussion covers the basics of land registration, including the appearance of the land register and the types of entry that can be made on it; the process of first registration of unregistered land; the formalities for transferring and creating rights in registered land; the protection of purchasers of registered land and the role of overriding interests; and the circumstances in which the register can be changed and those who have suffered loss by reason of the registration system can be indemnified by the state. It illustrates the law by reference to the case of Mr and Mrs Armstrong who were introduced in Chapter 3 as buyers of a registered freehold estate, 1 Trant Way.

Chapter

Cover Textbook on Land Law

6. Registered land  

Course-focused and comprehensive, the Textbook on Land Law provides an accessible overview of one key area on the law curriculum. The Land Registration Act 1925, which governed the system of registered land, was repealed and replaced by the Land Registration Act 2002, which in the main came into force on 13 October 2003. This chapter focuses on the terms of the 2002 Act and the rules made under it (Land Registration Rules 2003). The discussion covers the basics of land registration, including the appearance of the land register and the types of entry that can be made on it; the process of first registration of unregistered land; the formalities for transferring and creating rights in registered land; the protection of purchasers of registered land and the role of overriding interests; and the circumstances in which the register can be changed and those who have suffered loss by reason of the registration system can be indemnified by the state.

Chapter

Cover Intellectual Property Law

10. Registration of a ‘sign’  

This chapter discusses the registration of trade marks. Unlike passing off protection that is not subject to formalities, trade marks ought to be registered in order to receive legal protection. Whether a trade mark is capable of registration depends on three requirements. First, whether the subject matter of the application satisfies the definition of ‘trade mark’ in s. 1 of the Trade Marks Act 1994; second, whether there are any objections to the application under the absolute grounds for refusal in s. 3; and third, whether there are any prior rights which could prevent registration under the relative grounds for refusal in s. 5. The chapter then presents an outline of the registration procedure. In essence, the procedure can be broken down into six steps: application and filing of Form TM3; examination; search and notification of prior rights; publication and notification to owner(s) of prior rights; opposition; and registration.

Chapter

Cover Complete Land Law

5. Registration of Title—the Basic Principles  

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter discusses the basic principles which govern the substantive registration of estates in land. It covers registration of title (the mirror principle, the curtain principle, and the insurance principle); the form of the register (the property part, the proprietorship part, and the charges part); categories of rights in registered land; first registration of title; procedure where a sale or lease gives rise to first registration; grades of title; land certificates; conclusiveness of the register; dispositions of registered titles; and procedure on transfer of a registered title.

Chapter

Cover Essential Cases: Land Law

Antoine v Barclays Bank [2019] EWCA Civ 2846, Court of Appeal (Civil Division)  

Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Antoine v Barclays Bank [2019] EWCA Civ 2846, Court of Appeal (Civil Division). The document also includes supporting commentary from author Aruna Nair.

Chapter

Cover Essential Cases: Land Law

Abbey National Building Society v Cann [1991] 1 AC 56, House of Lords  

Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Abbey National Building Society v Cann [1991] 1 AC 56, House of Lords. The document also includes supporting commentary from author Aruna Nair.

Chapter

Cover Essential Cases: Land Law

Southern Pacific Mortgages v Scott [2014] UKSC 52, Supreme Court  

Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Southern Pacific Mortgages v Scott [2014] UKSC 52, Supreme Court. The document also includes supporting commentary from author Aruna Nair.

Chapter

Cover Essential Cases: Land Law

Antoine v Barclays Bank [2019] EWCA Civ 2846, Court of Appeal (Civil Division)  

Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Antoine v Barclays Bank [2019] EWCA Civ 2846, Court of Appeal (Civil Division). The document also includes supporting commentary from author Aruna Nair.

Chapter

Cover Essential Cases: Land Law

Abbey National Building Society v Cann [1991] 1 AC 56, House of Lords  

Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Abbey National Building Society v Cann [1991] 1 AC 56, House of Lords. The document also includes supporting commentary from author Aruna Nair.

Chapter

Cover Essential Cases: Land Law

MacLeod v Gold Harp Properties Ltd [2014] EWCA 1084, Court of Appeal  

Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in MacLeod v Gold Harp Properties Ltd [2014] EWCA 1084, Court of Appeal. The document also includes supporting commentary from author Aruna Nair.

Chapter

Cover Essential Cases: Land Law

Southern Pacific Mortgages v Scott [2014] UKSC 52, Supreme Court  

Essential Cases: Land Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Southern Pacific Mortgages v Scott [2014] UKSC 52, Supreme Court. The document also includes supporting commentary from author Aruna Nair.

Chapter

Cover Concentrate Questions and Answers Land Law

6. Successive Interests and Trusts of Land  

The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary, and illustrative diagrams and flowcharts. This chapter examines trusts of land, and at the fact that these have been simplified and made more coherent by the Trusts of Land and Appointment of Trustees Act 1996 (TLATA 1996); and includes applications for sale of land held under a trust for sale under the TLATA 1996; and rights of beneficiaries, who may sometimes be given additional powers under TLATA 1996 or may have certain TLATA powers restricted.

Chapter

Cover Land Law

15. The Priority Triangle  

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter addresses the question of when C can have a defence to B’s pre-existing property right. It thus covers the basic principles that apply when answering the priority question. It examines how a court determines which of two competing property rights arose first. It also examines exceptions to the basic rule, acknowledged by s 28 of the Land Registration Act 2002 that B’s property right, where it arises before C’s property right, will take priority.

Chapter

Cover Land Law

8. Formal Methods of Acquisition: Contracts, Deeds, and Registration  

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter describes the formality requirements that must be complied with for the creation or transfer of legal estates and interests in land. The three stages of creating and transferring legal rights are contract, creation or transfer, and registration. The Law of Property (Miscellaneous Provisions) Act 1989 increased the formality requirements for contracts and made more severe the consequences of non-compliance. Under s 2 of the 1989 Act, a contract may take the form of a single document signed by both parties or an exchange of documents, each of which has been signed by one of the parties. The chapter considers the requirements of s 2 and the consequences of non-compliance, including concepts which may assist a party to acquire a right, even if the agreement does not seem to comply with s 2. The operation of proprietary estoppel and of constructive trusts is thus examined. The requirement of registration is considered, along with the problems that arise from the ‘registration gap’ and the possible effects of e-conveyancing.

Chapter

Cover Land Law

2. Registered Land  

This chapter offers a detailed account of how land registration operates under the Land Registration Act 2002 (LRA 2002). The LRA 2002 is the primary source of our title registration system and provides the statutory framework for the modern law. This chapter unpacks the LRA 2002 which governs land registration today: its objectives, mechanics, as well as exploring the implications of registration for the enforceability of interests in land. The chapter therefore first serves to clarify and cement the idea or the concept of registration before turning to examine more closely the nuts and bolts of how our contemporary registration system functions.

Chapter

Cover Land Law Directions

6. Adverse possession  

This chapter discusses the law on adverse possession. It first considers arguments for and against allowing adverse possession. It then describes changes in the law of adverse possession and outlines the main statutory provisions, namely the Limitation Act 1980, the Land Registration Act 1925, and the Land Registration Act 2002. Next, the chapter discusses what a squatter needs to show in order to make a claim to the land and the effects of adverse possession. The old scheme under the Limitation Act 1980 and the new scheme under the Land Registration Act 2002 are compared.

Chapter

Cover The Principles of Land Law

5. Land Registration  

This chapter explores how the English land law land registration system works in practice. The land registration system achieves three goals. The first is as a method of controlling the way in which rights are created. The second is in terms of managing the effect of such rights, once they have been created. The third is as a means to regulate the interactions between different proprietary rights which exist in relation to the same piece of land. The chapter considers the first two functions: mode of rights creation and effect of rights creation. It then looks at what happens when these functions go wrong within the system — how do the principles of registered land interact with the inevitable reality of both human error and human creativity? In answering this issue, the chapter considers how the register is rectified and altered. Finally, it examines potential reforms, including those proposed by the Law Commission, and the possibility of the advent of e-conveyancing. The Law Commission has now begun the process of bringing about reform of the Land Registration Act 2002 to allow for the smoother operation of the registration system in cases of error.

Chapter

Cover Company Law Concentrate

2. Incorporation  

This chapter discusses the process of incorporation and the advantages and disadvantages of conducting business through a company. The three principal methods by which a company can be incorporated are: incorporation by Act of Parliament, incorporation by Royal Charter, and incorporation by registration. The advantages of incorporation include perpetual succession, asset ownership, and the ability to commence legal proceedings. The disadvantages of incorporation include increased formality, regulation, publicity, and civil liability.