What is Section 77 of the Land Registration Act 2002?
Section 77 of the Land Registration Act 2002 imposes a duty not to object to an application without reasonable cause; anyone in breach of this duty may be liable in damages to anyone who suffers loss in consequence.
What is Section 19 of the Land Registration Act 2002?
19 Cautions register (1)The registrar must keep a register of cautions against first registration.
What are the main objectives of the Land Registration Act 2002?
The core aim of the Land Registration Act (LRA) 2002 is “to ensure that ownership of land in England and Wales takes the form of ‘title by registration’, rather than ‘registration of title’.” [1] This marks a radical departure from centuries of land law, which established possession as the basis of title.
What is Section 49 3 Land Registration Act 2002?
Section 49(3) LRA 2002 provides that a proprietor of a registered charge may make a further advance ranking in priority to a subsequent charge if the advance is made pursuant to an obligation which was registered in accordance with the relevant rules as at the date of the creation of the subsequent charge.
What is the only way to protect a beneficial interest in land?
A trust in land (such as a beneficial interest in property) cannot be protected by way of a notice, as a trust will not be binding on a buyer so long as the buyer pays the purchase price to two or more trustees. A trust in land should therefore be protected by way of restriction.
What changes did the Land Registration Act 2002 make?
Specifically, it:
- Enabled shorter leases to be registered;
- Further encouraged voluntary land registration;
- Changed the system of protection of third party rights; and.
- Reformed and modernised the law of adverse possession (squatters’ rights).
- Repealed the Land Transfer Act 1875.
- Repealed the Land Registration Act 1925.
Who can remove a unilateral notice?
the beneficiary
The removal of a unilateral notice can only be undertaken by the beneficiary of the notice.
What are the aims of land registration?
Although there is no obligation to register voluntarily by a first registration application, land registration is desirable for several reasons: (1) it makes conveyancing more straightforward, (2) it provides readily available proof of ownership (which can also be immediately obtained electronically) for a small fee, ( …
What is an obligation to make further advances?
There is a contractual obligation in the mortgage to make further advances. This is known as the doctrine of “tacking”. But what happens when a lender has renewed the loan facility without seeking the agreement of a subsequent charge holder.
How do you prove beneficial ownership?
The most common way to create a beneficial interest is through an express trust. This is where the legal owner signs a trust deed or written agreement declaring that the legal owner holds the property ‘on trust’ for someone else, the beneficial owner.
What are registered protected interests?
Protected interests include a registered charge, or those subject to a notice on the register, overriding interests or those excepted from the effect of registration (s. 29(2)(a) Land Registration Act 2002).
How did the LRA 2002 Alter interests that override?
The class interests that have overriding status under the LRA 2002 are more restricted than under the LRA 1925, but include short leases, certain rights of people in actual occupation and unregistered legal easements.
What is the Land Registration Act 2002 (LRA)?
The core aim of the Land Registration Act (LRA) 2002 is “to ensure that ownership of land in England and Wales takes the form of ‘title by registration’, rather than ‘registration of title’.” [ 1] This marks a radical departure from centuries of land law, which established possession as the basis of title. [ 2]
What law applies to notices entered under the land registry?
Family Law Act 1996 (c. 27) 35. Housing Act 1996 (c. 52) 36. Education Act 1996 (c. 56) 37. School Standards and Framework Act 1998 (c. 31) 38. Terrorism Act 2000 (c. 11) 39. Finance Act 2000 (c. 17) 40. International Criminal Court Act 2001 (c. 17) 1. Existing entries in the register 2. (1) This Act applies to notices entered under the Land… 3.
How does the land register affect legal ownership?
The practical change resulting from the creation of the land register is that legal ownership of land now follows from the fact of registration, rather than from the documentary or other evidence submitted ‘in support’ of an application to register. [ 8] The principles governing the register are three-fold.
What laws have been passed to regulate joint tenancy?
Requisitioned Land and War Works Act 1945 (c. 43) 5. Law of Property (Joint Tenants) Act 1964 (c. 63) 6. Gas Act 1965 (c. 36) 7. Commons Registration Act 1965 (c. 64) 8. Leasehold Reform Act 1967 (c. 88)