Neither the European Courts nor the Land registration Act 2002 have come to the rescue of landowners who sleep whilst others use their land: land theft by adverse possession is still a reality
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Extract of sample Neither the European Courts nor the Land registration Act 2002 have come to the rescue of landowners who sleep whilst others use their land: land theft by adverse possession is still a reality
tudy will be the following one: The general provisions of the Statutes (LRA 1925 and LRA 2002) will be presented primarily – especially their provisions for the adverse law possession. At a next section the particular aspects of JA Pye (Oxford) Ltd v United Kingdom) will be presented trying to identify the elements the case that can be used in order to support the position of landowners that are in danger of loosing their land through adverse possession. Finally, the literature that has been published on the particular issue will be developed trying to aligning the assumptions that are stated in the theory with the existed law suggesting changes where the relevant legal orders are not clear or where additional provisions need to be incorporated in current legal orders that regulate the adverse law possession. In other words, the research will be a qualitative one – no data to be involved – while the comparison of the existed legal provisions is considered as necessary in order to formulate a valid assumption on the issue under examination.
In order to understand the law of adverse possession in relation with the land law, we should primarily refer to the specific term as it is used within the relevant legal texts in order to represent the acquisition of land with no legal title. In this context, it is stated that ‘adverse possession is the process by which a "squatter" becomes the legal owner of land by possessing it for a certain period of time, thereby dispossessing the "paper" owner of his title’ (Mace and Jones, 2007). The law of adverse possession has been differentiated through the years under the influence of changes in the legal and social context of Britain. It should be noticed that ‘prior to 2003, a squatter could obtain adverse possession if he demonstrated uninterrupted factual possession of the land and an intention to possess the land for a period of 12 years; however under the 2002 Act, the period of time a squatter is required to be in ...
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The objective of the Land Registration Act 2002 was to reformulate the law pertaining to organisation of registered interests in land under the previous Land Registration Act 1925. One of the central objectives of the LRA was to reduce the scope of overriding interests, the extent to which this has been achieved in practice has been questioned by academic commentary on the LRA provisions .
References……………………………….11 Abstract The paper discusses how the reforms brought about by the Land Registration Act 2002 will help the registered land purchasers, especially from the standpoint overriding interests. 1. Introduction In Wales and England, there are primarily two main systems of conveyancing, registered and unregistered in the UK land system, as governed by the 2002 Land Registration Act or LRA 2002.
This is the entrapment in one’s own body, which is not so easy to escape as in the case when entrapment is related to some outer circumstances. The second group comprises contrasting external symbols of “white” freedom and mobility (such as the airplane so eagerly discussed by Bigger and Gus).
The Main objective of the Act was to ensure that the land register reflects accurate and complete state of the title of at any given time with minimum inspections and enquiries. The Act provides for electronic conveyance of land, and registration of minor dispositions.
There was a conspicuous change from the earlier law that was in existence for close to 75 years. The Act was directed to negate unscrupulous practices witnessed in UK for the many decades. The act was transparent and reformed adverse possession by squatters.
It served well for nearly 80 years and was able to cope with the fundamental economic and social changes that took place over that time. Today, nearly all land is ‘registered land’ and the system underwent significant reform with the enactment of the Land Registration Act (LRA)
The author states that the fundamental objective of the Bill was implementation and strengthening the mirror principle, i.e., the register should be a complete and accurate reflection of the state of the title of the land at any given time, so that it is possible to investigate title to land on line, with the absolute minimum of additional enquiries.
sserted the overriding purpose of the LRA 2002 being the implementation of a novel framework of land registration, which would in turn demonstrate a more complete and up to date state of title and that “unregistered land has had its day”2. To this end, it has been propounded
In analysing the practical ramifications of the LRA 2002, this paper will critically evaluate the procedural and substantive changes in the law on land registration as brought in by the LRA. Moreover, this paper will argue that a central issue in the evaluation of the LRA 2002 is whether property purchase post 2002 has become easier.
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