This paper presents a case study based on a legal dispute involving Dave, Anne, and Cath regarding the Land Registeration Act of 1925 (c.2) and (c.21). Anne and Cath are the main characters involved in a leasing conflict over the flats, that were constructed by Dave and were leased for 125 years. This case revolves around the British Land Registry Act of 1925.
The Land Registration Act (LRA) 1925 was one of the main statutes born from the 1925 code of legislation. The main purpose of the 1925 legislation was to make land more freely alienable and to reduce the onerous task of a purchaser in investigating title, whilst at the same time affording protection to the owners of equitable interests in the land.
(A). Formality and registration requirements for Anne's lease
According to the Land Registry Act (1925) (c. 21), “Any lessee or other person (Anne in this case) entitled to or interested in a lease of registered land, where the term granted is not an overriding interest, may apply to the registrar to register notice of such lease in the prescribed manner, and when so registered, every proprietor and the person (Anne in this case) deriving title under (Dave in this case) shall be deemed to be affected with notice of such lease, as being an incumbrance on the registered land in respect of which the notice is entered (www.swarb.co.uk).
Provided that a proprietor of a charge or incumbrance registered or protected on the register prior to the registration of such notice shall not be deemed to be so affected by the notice unless such proprietor is, by reason of the lease having been made under a statutory or other power or by reason of his concurrence or otherwise, bound by the terms of the lease.
(2) In order to register notice of a lease, if the proprietor of the registered land affected does not concur in the registration thereof, the applicant (Anne in this case) shall obtain an order of the court authorising the registration of notice of the lease, and shall deliver the order to the registrar, accompanied with the original lease or a copy thereof, and thereupon the registrar shall make a note in the register identifying the lease or copy so deposited, and the lease or copy so deposited shall be deemed to be the instrument of which notice is given; but if the proprietor concurs in the notice being registered, notice may be entered in such manner as may be agreed upon, provided that, where the lease is binding on the proprietor of the land, neither the concurrence of such proprietor nor an order of the court shall be required (www.swarb.co.uk).
(B). Formality and registration requirements for Cath's lease
Now, on Cath's part, the lease deal is not finalised as Cath is unable to pay the rent so the lease agreement does not exist and she moves to another residence with her daughters. If in the case, the agreement would have existed, then Cath ...