Understanding Land Law: An Overview Of The Land Registration Act, 1925

Register

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Part six of the Registration Act 1925, deals with The Register and The Registration. The matters covered in this Act are the finality of registration, the register, boundaries, and quality title, land certificates and using information. Requirements of a registrable disposition, duty to disclose superseding interests, changes in the register and procedure followed before the Registrar are not included in this Act.

According to the said Act, a register shall be maintained. Rules mentioned about how a register is to be maintained. Specifically, rules are made about the information that is to be kept in the register, its arrangement and its form. This loom allows suppleness to change the way a register is kept. The changes do not require legislation.

According to Clause 58(1), of the Land Registration Act 1925 if a person registers himself as a proprietor of the land and enters his name as such in the Register, then such person is not considered as the owner of the property.  Ownership of the land is the result of such registration proceeded[3]. Registration is deemed to be complete when application for registration is made. Many countries maintain a “cadastre” which means land-holding record. This record is used for monetary purposes and under this system; limitations are often examined with a defined level of accuracy.  Since there are different advances on land proprietorship this system was rejected in England and Wales. People relied on the “boundaries general rule “which is stated in Rule 278 of the Land Registration Rules (Abella v. Rodriguez).

Part 3 of the said Act deals with the title after registration is completed. The registrar does not register the property with absolute title. The registrar can register the property with ownership title or household title. The Land Registration Act, 1925, provided legislation for upgrading titles. Clause 62 of the Act is a replication of the same provisions with some changes. Certain conditions are to be met before the Registrar upgrades the title of ownership after registration. A person who has interest in the title of the property, a mortgagee who has possession of the property and a person who is not a proprietor but is permitted to register are the persons who are entitled to apply for upgrading of a title.

The Land Registration Act 1925 does not specify direct consequence of the advancing title. A conclusion is drawn depending on the facts and circumstances.  However, the Act states the manner to formulate the upgrading of title easier to comprehend.

Proprietorship of Registration

According to Clause 64 of Land Registration Act, 1925 new power is created. One of the important aims of the Act is to create a organization of conveyance in which name can be investigated online via computer. The following instances can make a title defective: A person who looks like a owner but is not a real owner  and the owner had limited powers but made a nature that he has no authority to make[7]. There is another kind of fault in title. This form is not included in the Registration Act. There are other ways of investigation conducted beyond the Registration System [8]. This defect in title is created during the itinerary of possession of property and it makes the title ineffective. However, there are only few situations of such kind that causes defect in the title.  Some example of defects are where a rent is directed to a right of re admission due to breach of agreement, where a freehold is matter of rent incriminate, the incriminate is supported by re entry right and the freeholder has made default to pay the rent.  There may be situations that are not met and consequently, because of the defective conditions the registered estate is terminated.  Clause 64(1), states that if it appears to the Registrar that the right to decide ownership in a particular land has become usable then he may make entry of the details in the register.

The nationwide process of registration of land was first established in Wales and English under the Land Registration Act, 1862. The traditional method of registration proved futile and following further attempts, the modern structure of registration had come into effect by the Land Registration Act, 1925.         

Meanwhile, many countries had made registration compulsory. The last registration order was completed in the year 1990. The Land Registration Act 2002 foliage the 1925 traditional system of registration nevertheless allows the foreword of the electronic signatures and electronic conveyancing to register and transfer property. The land registry is linked with Land Information Service in Europe. Particulars of registration are made available to any person on payment of agreed fees. Recently, defensive procedures are introduced for identification of the persons. No particulars will be on record for evidence, which does not have a proper recorded transaction. A legal frontier deals with division of ownership of land. It is an imperceptible boundary separating one person’s property from the other. Though there may not be a defined boundary yet an approximate division is always visible on the Register of the land.   

Title

Assessment of information means the capability of obtaining information from the register is an essential feature to the system of registration. Having easy and open access to information contained in the Register helps in fast conveyancing. The Act contains a number of rules, which deals with easy use of information contained in the Register. 

The most recurrently occurring type of incongruity with regard to real estate is disputes relating to land. Cases differ from illegitimate land occupancy until illegal sale of land. Issues affect the real estate market with illegality. E registration has streamlined registration of immovable properties. E registration ha simplified registration of immovable properties.  The online registration system effectively cured all the underlying problems and loopholes in the traditional system of registration. E registration provides more transparency in the registration process. The Land Registration Act of 1925 has also altered the traditional system of registration.

Section 112 of the Land Registration Act is considered as one of the most important sections. The preceding Land Registration Act of 1925 substituted this section.  The Act of 1988 created a open register. Prior to this, the Registrar could only inspect a register or by an authorized person. Section 112 has included fundamental changes in the land registration system. First, of all it provided a facilitator for electronic conveyancing.  A open register is a very important feature to the process of conveyancing in which examination on designate can be made online by direct access without requiring the permission of the registered proprietor (Fojas v. Grey). Secondly, the prologue of this section has changed the discernment of the register itself. The contents of a register are not considered a private matter pertinent to the conveyancing parties. The contents of the Register are now considered as public information about land having open access can be used by anyone with matters relating to conveyancing. 

Clause 66 Land Registration Act, 1925 is replaced by section 112. According to the Section a person may examine or create copies of the title of the register, any other document which is kept by the registrar relating to the application made by him and cautions to be resorted to against first registration.

The right that endowed in Clause 66(1) goes ahead of what can be done under Section 112 of the Act of 1925 in the following aspects: Firstly, the register was not a public document. There were number of restrictions imposed on the right to access the register. This was done to protect private information. Secondly, an application was to be submitted to the registrar to inspect and copy any document. At present, such papers can be examined only at the prudence of the Registrar. Thirdly, the register of title is a open register. At present, since registration are maintained in index maps, there is a right to search the index map and to obtain copies of the title.

The Land Registration Act, 2002 was introduced in response to the Law Commission and HM Land Registry report, Land Registration for the Twenty-first Century (2001). The Act: The Land Registration Act, 2002, has introduced the new system by means of electronic signatures to register immovable property online. Example – if a piece of land is passed on for generations to generations and the current owner wants to determine the current value of the land. The determination can be made easier by using a more transparent process of document verification and disclosure of details.  E registration has provided a much-desired transparency.

The fees of a broker is definitely reduced because of e registration. However, a broker is still required to give advice on the investment proposition and to arbitrate between the parties to negotiate the price.

The land registration application can be submitted online and after completion of verification by the authorized person, the land is registered. E registration is a safe process. Hackers do not have access to the papers that only owners can procure. The SSL encrypted multiple layers of security which is not easy to hack the customer’s details.

In cases such as Fitzwilliam V. Richall Services Ltd. and Swift 1^st ltd v. Chief Land Registrar. In the cases mentioned here fraud was committed at the time of registration. Fraud had become one of the major issue at the time when the Land Registration Act was amended. E registration gives transparency to the whole system of registration.

In the case of Strand Securities V. Casewell it was decided that the fundamental object to form the Land Registration Act, 2002 was to protect the interests of the person who gets proprietorship after registration is complete. In case of any discrepancy, inquiry will be conducted on the premises. The right of the owner will not be diminished. Therefore, it is the duty of the purchaser to conduct proper inquiry before purchasing a land.

The main objective of the Act was to provide titles and evidence of ownership. Individuals who become landowner may also apply online for registration of unregistered land.

According to Section 66(2), of the Land Registration Act, 1925 endowns the right to inspect and obtain a copy as conferred by clause 66(1) is subject to limitations and rules. The rules may be subject to exceptions . It is probable that regulations will limit access to documents that may be receptive in nature.

Uses of Register

Section 113, of the Land Registration Act 1925, deals with “official copies”. However, there is not a clear definition that is provided for the term office copies. Office copies are kept on paper record having the Land Registry Water mark and are certified accurate. The Act abandoned the term ‘office copies’ and employed the word ‘official copy’ to the Act. An official copy is deemed as admissible evidence having similar significance as the copy.

Rules are stated about issuance of official copies, the form of office copies, the application for office copies and the situations to be met by the applicant for obtaining an official copy, which included payment of fees.  The Act states that a person who applies for a official copy in which a mistake is made then the other person shall not be liable for the mistake made.

Section 118 has the same effect as in section 110(4) o f the Land Registration Act, 1925.  However, in order to make adjustment in the open register it goes beyond than section 110 (4). 

Therefore, electronic conveyancing saves times. It saves time of both the organisers as well as the participants. Online registration is free and has effective customer support. Online registration ensures that the person will have access to all the necessary information. Online registration is a very safe and secure method of registration. It is not easy to hack the registration process.

The Works, a small derelict engineering factory was viewed and later purchased by Frank, who was an artist. Frank therefore wanted to convert the said property into a studio for his own use. After viewing the said property Frank thought that the movable properties that he saw while viewing the property, was included in the valuation of the whole property. The items being: an antique light fitting that hung from an iron bracket which was secured to an wall of the factory by a dozen of screws, a pile o rusting lengths of steel which was left lying in the storeroom, an old substantial timber outbuilding that stood on stone pillars but was otherwise unattached to the land and a furnace which was constructed of stone, steel and cast iron which was held to the ground by its own weight. But when he took the possession of the property, he found that none of the attachments that he thought was included in the property were there.

Information Assessment

A transfer of property is made valid only when there is a transfer of possession from one person to another as defined by the law in the transfer of property act. A moveable property can be transferred from one place to another whereas in case of an immoveable property it cannot be transferred from one person to another causing loss to the property relying on the nature of the property. As per law, immoveable property includes things attached to the land or earth. As in the case of Marshall vs. Green, according to the mentioned case, which deals with the judgment whether the trees that are attached to the ground is a moveable or immoveable property. The judgment thus given was that, if the intention of the seller was to cut the tree in the property and remove it on a given time, then the tree will be treated as a moveable property, whereas if the tree is kept and is grown to produce fruits then it will be treated as an immoveable property as it would then seek nourishment from the land. Thus things which are attached to the earth or land are immoveable property.

As the judgment to the William Brown vs. Nikki Robert case suggests, a tree in a property is a movable property if it is cut off within a given period of time but will become an immovable property as soon as it is kept for growing fruits and providing shelter.

As per the case given in the question, Frank was entitled to get the things which were attached to the ground or land or to the earth along with the property which he had bought from The Works which was a small derelict engineering factory. It had a few attachments fixed alongside the property. Amongst which there was an antique light bracket which hung from a bracket which was fitted with a dozen of screws along with a pile of steel rod which was kept in the storeroom  were completely movable properties, and thus Frank was not entitled to get the movable properties that he found in the property while viewing it. On the contrary, Frank was entitled to get the things which were attached to the land like the furnace which was made up of stone, cast iron and steel that was attached to the land. But as Frank gained the possession of the said property, he found that all the things that he found while viewing the particular property were missing which he thought to be included in the valuation of the property. In the case of Michale Johnson vs. Mathew Parker it was held that Johnson had bought the property from Parker in which there was a tree which grew in the middle of the property and it was not cut down by the seller of the property within the given time, henceforth the tree was remained attached to the ground and as the possession of the property was transferred, to the buyer that is, Mathew got the possession of the property. Similarly, considering the fact of the above mentioned case Frank could seek the properties attached to the land that is the furnace which was made up of stone, steel and cast iron which was held to the floor by its own weight. The rest things which Frank saw in the property while viewing it were not attached to the ground and were thus he was not entitled to get possession to those items. Frank could have got the possession to those items had it been written in the contract between the parties.

Conclusion:

Thus concluding from the above-mentioned cases and their judgments, Frank was entitled to get the possession of the property along with the furnace which was made up of stone, steel and cast iron and which was held to the floor by its own weight. Therefore, had he not got the possession to that particular furnace he could file a petition against The Works, a small derelict engineering factory who sold him the said property which he had bought for setting up his studio. Frank could thus be entitled to get the possession of the property and the items embedded to the land of the said property, but not the items that were not embedded to the land of the property.

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 Agunbiade, M. E., A. Rajabifard, and R. Bennett. "Inter-agency land administration in Australia: what scope for integrating policies, processes and data infrastructures for housing production?." Journal of Spatial Science59.1 (2014): 121-136.

Agunbiade, M. E., A. Rajabifard, and R. Bennett. "Inter-agency land administration in Australia: what scope for integrating policies, processes and data infrastructures for housing production?." Journal of Spatial Science59.1 (2014): 121-136.