Essay
Property Law Essay Outlines (First Class)
Comprehensive and detailed first class Property Law essay outlines, from University College London (2018/2019)
[Show more]
Connected book
Book Title:
Author(s):
- Edition:
- ISBN:
- Edition:
Content preview
Land Registration Act‘In relation to the creation and transfer of rights in land, the Land Registration Act 2002 fails to
achieve its objectives.’ Discuss. [2016]
Thesis
In trying to strike the right balance between parties, the LRA 2002 undermines its own
objective of having a system of strict title by registration
Can be seen in instances of rectification and overriding interests
But e-conveyancing helps achieve LRA’s objectives
Objectives
Mirror principle: Register should be a complete and accurate reflection of the title to the
land
Curtain principle: Register should be sole and definitive source of information for purchasers
purchasers don’t need to go behind the ‘curtain’ to ascertain their interests
Insurance principle: If the register is inaccurate, protected financially because can claim
compensation
Objectives restated in Law Commission Report 2016: “clarity, finality, fact-sensitivity,
reliability of register”
Important that these principles are realized because they enhance economic efficiency of
land disposition
o No need to inspect old documents or have on-site inspection of land deduces
conveyancing costs
o Property buyers know that their rights are protected as long as it is registered, even
if there were mistakes in previous dispositions more confident and buoyant
property market
Rectification undermines mirror and curtain principle
Current system based on Sch 4 of LRA: Can alter the register to “correct a mistake”
o But if B is in possession of the land, can only correct if B has caused the mistake by
fraud or lack of care, or if it would be unjust to not make the alteration
o Also, if can rectify, must do so unless there are exceptional circumstances to justify
not doing so
Problem 1: Uncertainty as to what it means to “correct a mistake”
o Not defined in the LRA nor discussed in the Law Commission that preceded the Act
o Described by Gardner as “a tragic mess”
Problem 2: Uncertainty as to what constitutes a mistake
o Do we take a wide or narrow view of mistake when X fraudulently gives C a
registered charge?
Narrow view: C’s registration is not a mistake (Guy v Barclays Bank)
Broader view: X’s registration is a mistake, power to correct that extends to
C’s registration
Knights v Roberto Mac [where Cooper describes this approach as
the “long arm of the law of rectification”]
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller firstclasslawnotes. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for £19.49. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
53068 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy revision notes and other study material for 14 years now