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
Chapter
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
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
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
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
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 provides the formality requirements for contracts and made the consequences of non-compliance more severe. 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.
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
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
5. Registration of Title
The 1925 legislation was enacted in part to encourage the development of the registration of title to land, to which end the basic doctrines of substantive Land Law had to be simplified. Thereafter, the legislation’s ultimate goal has been to make sure that all land titles in England and Wales are registered. Registration of title aims to facilitate the security of land ownership and land transfer. This chapter focuses on the registration of land titles in England and Wales. After providing an overview of the basics of title registration, it discusses the Land Registration Act 2002, registrable interests, registration with an absolute title, third-party rights, unregistered interests which override registration, titles that are less than absolute, dealings with registered land, and indemnity as a result of alteration of register.
Chapter
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.
