Title by registration or conquest: Interpreting the Land Registration Act 2002 in England and Wales
International Journal of Law in the Built Environment
MetadataShow full item record
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
No case typifies the impact of land registration under the Land Registration Act 2002 than the recent and fascinating decision in Walker v. Burton. Managing to combine reflections on the feudal origins of modern land law, with an application of the statutes Quia Emptores 1290 and the Land Registration Act 2002, the case spans the centuries. It reminds us that the principles of land law with which we are so familiar today are the product of organic growth that reflected the reality of land use rather than some pre-designed grand plan. It also deals with a difficult and controversial aspect of land registration – the circumstances in which the register can be rectified – and in so doing provides guidance on the interpretation of Schedule 4 to the 2002 Act, a Schedule that will become increasingly important as the real force of title registration under the 2002 Act becomes apparent. In the Report which led to the 2002 Act, the Law Commission put the matter starkly: “[t]hese changes will necessarily alter the perception of title to land. It will be the fact of registration and registration alone that confers title”. Walker v. Burton tests this to the limit and puts the 2002 Act in conflict with our pre-registration notions of title and with the ancient feudal principle nulle terue sans seigneur, the Crown’s ultimate right of dominium through conquest. It also illuminates several vital aspects of the 2002 Act as well as dealing with everyday matters of land registration that are so important in practice.
External DOI: https://doi.org/10.1108/IJLBE-03-2013-0008
This record's URL: https://www.repository.cam.ac.uk/handle/1810/297961
All rights reserved