Title by registration or conquest: interpreting the Land Registration Act 2002 in England and Wales
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Authors
Dixon, MJ
Publication Date
2013-09-27Journal Title
International Journal of Law in the Built Environment
ISSN
1756-1450
Publisher
Emerald Group Publishing Ltd.
Volume
5
Issue
3
Pages
194-206
Language
English
Type
Article
This Version
AM
Metadata
Show full item recordCitation
Dixon, M. (2013). Title by registration or conquest: interpreting the Land Registration Act 2002 in England and Wales. International Journal of Law in the Built Environment, 5 (3), 194-206. https://doi.org/10.1108/IJLBE-03-2013-0008
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.
Keywords
Land Registration, Title Guarantee, Alteration and Rectification, Conclusive Register
Identifiers
External DOI: https://doi.org/10.1108/IJLBE-03-2013-0008
This record's URL: https://www.repository.cam.ac.uk/handle/1810/294030
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http://www.rioxx.net/licenses/all-rights-reserved
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