Previous: Title deeds conveyancing
A significant amount of unregistered land continues to exist throughout England and Wales. However, registered title conveyancing is now much more prevalent than title deeds conveyancing. It will be dealt with in much more detail on this page than title deeds conveyancing was on the previous page.
The (old) Land Registration Act 1925
The Land Registration Act 1925 had two significant objectives: to eliminate the need for repeated investigations of title and therefore reliance on deeds, and to introduce the concept of the land register, which any person could consult to instantly be informed of (nearly) all of the vendor and third party rights affecting a piece of land. This can now be carried out at the Land Registry’s website, where for a fee, a copy of the register can be downloaded. The land register is a statutory system and a record of titles (titles are numbers assigned to parcels of land, but more than one title number could apply to the same parcel of land). The original rationale of the registration was to provide machinery to facilitate the conveyancing process and not to change the substantive law of conveyancing. It is based on three principles: the mirror principle, that the register should be an accurate representation of the land to which its title corresponds; the insurance principle, that the register’s accuracy is backed by a state guarantee, and the curtain principle, that a purchaser need not be concerned with what is behind notices the register, just that they may need to be addressed...
To continue reading, purchase access to all Land Law notes (£5)
2) Purchase access (£5)
Already purchased? Login with Facebook.