Land Law UK

Table of Contents

Introduction3

Land registration3

Land law and Land Registry conflicts and issues5

Servitudes5

Sasine descriptions5

Professional negligence7

Mistakes in Land Registry9

Baxter v Mannion9

Williams & Glyn's Bank v Boland13

City of London Building Society v Flegg14

Case law on parking space14

Rectification17

Actual inaccuracy17

Bijural inaccuracy18

Effects of rectification19

Restrictions on rectification19

Conclusion20

Bibliography22

Land Law UK

Introduction

The land law in United Kingdom (UK) is popularly known as English Property Law. This deals with the sharing of property, the protection and the acquisition thereof in both Wales and England. A popular misconception is that Property Law covers only matters pertaining to land, but it also covers intellectual property. This could not be farther from truth. Real property refers to the land. The English law is based on the centre point of trust. Hence, there are four key dimensions of land law in the UK. These are Real property, Personal property, Trusts, and Intellectual property.

Land registration

Land registrations in England date back many years. They represent the quality of governance of the land administration of any country. In very broad terms land registration may be understood as the system that is needed for dealing with rights pertaining to property, its possession and ownership. Any matters of this have to be recorded in order to serve as an evidence of transactions. These are also used to prevent disposal of personal, commercial or intellectual property through unlawful means. The information that goes in a land registration differs with jurisdiction in which the land registration is taking place. The same is true for the level of protection that is provided by the registration. In most countries, the land registration is divided into two broad classifications. These are the English system and the Torrens title system. The English system may be understood as a modified version of the Torrens title system.

The first ever law on land registration was given in the form of Land Registration Act 1862. This was followed in both England and Wales. Registrations made under the Act proved that it is essentially ineffective. This was improvised and changed to be called Land Registration Act 1925. With the passage of time, different areas in the country had been allocated for compulsory registration. However, some parts of the country had registrations started earlier than they were started in the remaining.

The current Act that is being followed for Land registration is the Land Registration Act 2002. This is more or less the same as the Act of 1925. However, it includes new and forward looking concepts such as electronic conveyance and electronic signatures. These were a response to some of the major issues in electronic registrations.

The European Land Information Service or EULIS is working I coordination with the Land Registry department. This is the main source of any information on Land Registry. As pet the Act, the details of registration are shared with the appropriate person only upon payment of a certain amount of fees. The most number of mistakes that have been filed pertain to change in identification of persons. Any change in ownership also has to ...