The long- standing complexities of land ownership in England and Wales: A legal analysis of the provisions of the conclusiveness of the register, alteration and indemnity in the Land Registration Act 2002
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- Land registration, Land law, Mistake, Alteration of the register, indemnity, MRes
Research areas
Abstract
This thesis evaluates the performance and policy aims of the Land Registration Act2002.This thesis will take the positionthat certain areas of the LRA 2002 areoperating in the way that was intended. This is in light of both the lack of consistency in case law that has been decided since its enactment and the fact thatin recent times (2018) the Law Commission have made a proposal for changes tothe LRA Act 2002.1The Law Commission have in 2018 proposed a Draft Bill which addresses the issues said to have been created by the LRA 2002. For the purpose of the thesis thefocus of the Law Commission proposals will be limited tothe conclusiveness of the register, alteration of the register and the provisions for indemnity.This thesis focuses upon the conclusiveness of the register, rectification /alteration2of the land register and that of the indemnity process. This thesis is concerned with the issues surrounding the term‘mistake’ within the alteration and indemnity provisions of the LRA 2002. The thesis seeks to make a brief comparison with the relevant sections of the Land Registration Act 2002 and that of the Australian Torrens system. Thethesis concludesthat theissues within the provisions of the Land Registration Act 2002 of which the thesis is concerned and the lack of clarification of the term mistake has caused and continues to cause unjust results inthecase law. The thesis thereforesuggeststhe Land Registration Act 2002 is in need of further partial, if not complete review or revision, due to the arbitrary results produced sinceitsenactment.
Details
Original language | English |
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Award date | 13 Apr 2021 |