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
Ben McFarlane, Nicholas Hopkins, and Sarah Nield
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 examines some of the key aims of the Land Registration Act 2002, and considers in particular the means by which the Act protects registered parties.
Chapter
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 This has since been replaced by the Land Registration Act 2002, which is itself the subject of a recent Law Commission report proposing reforms to the current law.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
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 This has since been replaced by the Land Registration Act 2002, which is itself the subject of a recent Law Commission report proposing reforms to the current law.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
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
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
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
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 (mirror principle, curtain principle, and 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
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
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
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
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
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
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
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
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
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
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
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
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.
