New Perspectives on Land Registration: Contemporary Problems and Solutions

Erscheinungsjahr 2020
ISBN: 978-1-5099-3953-4
Verlag: HART PUB

Buch, Englisch, 496 Seiten, Paperback, Format (B × H): 169 mm x 244 mm, Gewicht: 780 g

The Land Registration Act 2002 has been in force for almost fifteen years. When enacted, the legislation, which replaced the Land Registration Act 1925, was intended to offer a clear and lasting framework for the registration of title to land in England and Wales. However, perhaps confounding the hopes of its drafters, the legislation's interpretation and application has since generated many unanticipated problems which demand attention.

In this book's twenty chapters, leading land law scholars, Law Commissioners past and present, judges, and Registry lawyers unpick key technical controversies, and expose underlying theoretical and policy concerns. Core issues addressed in these chapters include: the legitimate ambitions of registration regimes; the nature and security of title afforded by registration; the resolution of priority disputes affecting registered titles; the relationship between the general law and the registration regime; and new challenges presented by modern technological developments.

Autoren/Hrsg.

Goymour, Amy

Watterson, Stephen

Dixon, Martin

Fachgebiete

• Rechtswissenschaften Ausländisches Recht Common Law (UK, USA, Australien u.a.)

Inhaltsverzeichnis

PART I: FOUR PERSPECTIVES ON MODERN LAND REGISTRATION SYSTEMS
1. A (Former) Law Reformer's Perspective: Reforming the LRA 2002-Catalysts and Questions

Elizabeth Cooke
2. The Land Registry's Perspective: The Practical Challenges of Land Registration

John Pownall and Richard Hill
3. The Land Registration Jurisdiction: An Analysis of the First Twelve Years

Edward Cousins
4. A Broader Development Perspective: Economic and Political Drivers of Worldwide Land Registration Reform

Pamela O'Connor

PART II: CONTEMPORARY PROBLEMS AND SOLUTIONS A. THE NATURE OF REGISTERED TITLE
5. Adverse Possession Under the LRA 2002

Owen Rhys
6. The Continuing Relevance of Relativity of Title Under the Land Registration Act 2002

Amy Goymour and Robin Hickey
B. ALTERATION AND INDEMNITY
7. Guaranteed Title: No Title, Guaranteed

Emma Lees
8. Can Rectification be Retrospective?

Charles Harpum
9. Assessing Rectifi cation and Indemnity: After Gold Harp and Swift 1st

Roger Smith
10. De-throning King Midas: The New Law of Land Registration in Scotland

Kenneth GC Reid
11. Lack of Proper Care

Simon Cooper
12. Reforming the Indemnity Scheme

Nicholas Hopkins
C. PRIORITIES BETWEEN COMPETING INTERESTS
13. Priority Contests Involving Registered Titles

Martin Dixon
14. Subrogation, Priority Disputes and Rectification: Mapping a Route Through the Thicket

Stephen Watterson
D. THE LAND REGISTRATION REGIME AND THE GENERAL LAW
15. A Tale of Three Promises: Setting the Scene

Stephen Watterson and Amy Goymour
16. A Tale of Three Promises: (1) The Title Promise

Stephen Watterson and Amy Goymour
17. A Tale of Three Promises: (2) The Priority Promise

Stephen Watterson and Amy Goymour
18. A Tale of Three Promises: (3) The Empowerment Promise

Stephen Watterson and Amy Goymour
E. THE MECHANICAL CHALLENGES OF LAND REGISTRATION IN A MODERN SOCIETY
19. Lessons from Scottish Land Registration Reform: Changes Under the Bonnet

Emma Waring
20. Automating State Guarantee of Title Systems: System Design and Possible Outcomes-Australasian Thoughts

Rod Thomas, Rouhshi Low and Lynden Griggs

Über Autor(innen)

Watterson, Stephen
Stephen Watterson is Professor of Private Law at the University of Cambridge.

Photograph courtesy of University of Cambridge.

Dixon, Martin
Martin Dixon is Professor of the Law of Real Property at the University of Cambridge.

Goymour, Amy
Amy Goymour is an Associate Professor at the University of Cambridge, and a Fellow at Jesus College, University of Cambridge, UK.

Photograph courtesy of University of Cambridge.

Amy Goymour is University Senior Lecturer in Land Law at the University of Cambridge.
Stephen Watterson is Reader in Private Law at the University of Cambridge.
Martin Dixon is Professor of the Law of Real Property at the University of Cambridge.