Title by registration or conquest: interpreting the Land Registration Act 2002 in England and Wales

Abstract

Purpose – The purpose of this paper is to analyse whether title to land is secure in England & Wales when registered under the Land Registration Act 2002, in particular when a title is registered without the proprietor being able to establish good title under pre-registration rules of property law. Design/methodology/approach - This paper analyses reported judgments, with particular emphasis on the decision in Walker v. Burton (2012) Findings – The paper identifies an uncertainty at the heart of the registration system: the uncertainty as to the extent to which a registered title may be rectified to remove the proprietor. This is acute when it appears that the registered proprietor has no claim to the land other than by reason of his registration. There may be a difference in this regard between intangible property titles and tangible titles. Originality/value – The Land Registration Act 2002 is meant to replace registration of title with title by registration. The real force of this is only now being realised and there are few reported judgements, and less consistency, working out what this means in practice.