Monday, April 11, 2016

Law Commission of England Consultation on Updating the Land Registration Act 2002

The Law Commission of England and Wales recently published a Consultation Paper on Updating the Land Registration Act 2002.

From the project description page:
"An effective land registration law is essential for everyone who owns land, whether the land is a home, a business or an investment. Land registration also has wider importance for business and the economy; a recent report from the World Bank suggests that a 'well-designed land administration system … makes it possible for the property market to exist and to operate' (...)"

"Our project is designed to update the Land Registration Act 2002, the Act that governs registered land, in light of the experience of its operation since it came into force in October 2003. Our project is not designed to fundamentally reformulate the Act, but to improve specific aspects of its operation within the existing legal framework."

"Our scoping work revealed a range of often highly technical issues that have important implications for landowners, conveyancers, lenders and all those with an interest in the property market. Dealings and disputes that engage the land registration regime can be complex and require expert advice. Uncertainty in the regime makes advising clients difficult, incentivises litigation, and increases costs for landowners. Additionally, the landscape within which land registration operates has changed considerably since the Act came into force. We have seen an increase of incidents of fraud relating to registered land, the legal consequences of which have been difficult to resolve, while technology has not developed in the way that was predicted at the time the legislation was drafted.
Our consultation paper considers a wide range of issues, including:
  • the interests that can be registered
  • how interests are protected on the register
  • the effect of registration
  • the extent of the guarantee of title that registration provides
  • the development of electronic conveyancing."
Following an analysis of the responses to the consultation, the Commission will publish a report and draft a Bill for the British Parliament in late 2017.

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posted by Michel-Adrien at 12:01 pm

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