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Summary Registered land notes with academic commentary LAW242
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First class notes for the registered land essay with academic commentary. Covers key concepts and notable academic debate.
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Birkenhead actsPrior to the Birkenhead Acts (notably the LPA 1925; LRA 1925; LCA 1925), the lack of a
widescale registered system of land (cf. Settled Land Act 1885) meant that conveyancing carried
uncertainty for purchasers. This is because purchasers were subject to equitable interests
discoverable via the doctrine of notice (actual; constructive; imputed) and any legal interests
relating to 'root of title'. Knowing this, Lord Birkenhead (1920) headed reform so that
conveyancing carried as much certainty as “a transfer of stocks” per se.
Offer (1977) reflects that the move towards a comprehensive registered land system in
conveyancing was in large part blocked by solicitors and their Law Society not wanting to risk
losing their monopoly over conveyancing matters to the State. So, the Birkenhead Acts - notably
LPA 1925; LRA 1925; LCA 1925 - represented a compromise being reached between the State
and the Law Society.
E-conveyancing
E-conveyancing would address the registration gap that currently exists between completion of
the conveyancing transaction at a solicitors office and actual registration of that transaction with
the Land Registry.
§ Law Commission Report (No 271) concedes that the existence of overriding interests is
the major obstacle to e-conveyancing being realised.
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