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
2. Registered Land
Chapter
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. As of 2023, 88 per cent of titles in the total land mass in England and Wales is registered; that’s over 26 million registered titles, leaving just 12 per cent of titles land unregistered. The significance of this is that, today, the vast majority of dealings with land now engage registered land principles. This chapter unpacks the LRA 2002: its aims and objectives, mechanics of registered land, as well as exploring the implications of registration for the enforceability of interests in land.
Chapter
11. The Defences Question
This chapter examines land law's priority rules, conceptualized as the defences question. Priority rules refer to a set of rules that determine the circumstances in which a property right held by one party (B) against another party's title (A) can be enforced when A transfers the title to a third party (C) or grants a mortgage over the title to C as security for a loan. The chapter considers the circumstances in which C has a defence against B's claim to priority, focusing on priority rules that apply in registered land. It also discusses the specific rules provided in the Land Registration Act 2002 for registered dispositions of registered estates for valuable consideration and two defences that operate outside the provisions of the Act; the defence of consent and overreaching.
Book
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. The sixth edition of Land Law: Text, Cases, and Materials covers all core aspects of land law, including the nature of land and of property rights, registration, human rights, legal estates, legal interests, equitable interests, acquisition of interests in land, trusts of land, the priority of interests in land, co-ownership and interests in the home, leases, easements, covenants, commonhold, and security interests in land. The book provides students with the detailed knowledge and analytical tools required to understand and engage fully with the current topical debates surrounding the subject, including recent reform proposals. The book comprises of eight parts, and it looks at the content question, the acquisition question, and priority and the defences question. It also covers different contexts, such as the shared home and neighbours and neighbourhoods.
Book
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. The fifth edition of Land Law: Text, Cases, and Materials covers all core aspects of land law, including the nature of land and of property rights, registration, human rights, legal estates, legal interests, equitable interests, acquisition of interests in land, trusts of land, the priority of interests in land, co-ownership and interests in the home, leases, easements, covenants, commonhold, and security interests in land. The book provides students with the detailed knowledge and analytical tools required to understand and engage fully with the current topical debates surrounding the subject, including recent reform proposals. The book comprises of eight parts and it looks at the content question, the acquisition question, and priority and the defences question. It also covers different contexts, such as the shared home and neighbours and neighbourhoods.
Chapter
10. Loan Capital
The Concentrate Questions and Answers series offers the best preparation for tackling exam questions and coursework. Each book includes typical questions, suggested answers with commentary, illustrative diagrams, guidance on how to develop your answer, suggestions for further reading, and advice on exams and coursework. This chapter examines loan capital—borrowing by companies. It focuses on: the legal distinction between fixed and floating charges created by companies over their assets as security for loans, the registration of charges, applications for extension of the period for registration, the priority of charges on insolvency, and the avoidance of charges under the Insolvency Act 1986.
