Legal issues with Terence Willey & Company
The value of
land registration
The Land Registration Act 1925 came
into operation on January 1, 1926 as
part of the real property legislation of
that year.
It repealed the Acts of 1875 and
1897 and although it described itself
merely as “an Act to consolidate the
Land Transfer Acts and the statute
law relating to registered land”, this
in fact disguises that it brought into
being some radical changes that were
originally contained in the transitional
legislation of 1922 and 1924 when it
was re-acted.
All importantly, the 1925 Act
brought into place land registration
as it so applies to England and Wales
today. Scotland is expressly excluded
as being a Register of Deeds known
as the Register of Sasines, but now
a system of registration of title on a
gradual scale.
This is based, in general principle,
on the English system, but account
has to be taken of the different law of
"real" property in Scotland. Northern
Ireland also has a system of registration
of title first introduced in 1981 by
an Act as part of a policy of agrarian
reform known as the Land Purchase
Scheme.
The benefits of o wning a registered
title far outweigh that of possessing
deeds that are not yet registered, but
registration provides finality and
certainty by way of an up-to-date
official record of land ownership. It
eliminates the need for deduction
by the seller and examination by the
purchase of the proof of ownership
originating from a satisfactory root of
title at least 15 years old as is necessary
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on each successive transaction with
unregistered land.
The declared objects of the system
of registration of title were stated in
the preamble to the original Statute
under which it had in its origin in this
Country in these words ‘whereas it is
expedient to give certainty to the title
to real estates and to facilitate thereof
and also to render the dealing with
land more simple and economical’.
The Isle of Wight did not become an
area of compulsory registration until
1986, effectively meaning that when
properties changed hands there was no
necessity to register and individuals
and mortgagees would simply hold
deeds and, in some cases, large
bundles, with the obvious risk of loss
or destruction, leaving the owner of
the property without proof of title.
I continually assist clients with first
registration so that they are given the
peace of mind that they will not leave
their relatives with possible problems
upon death. Our Practice is always
willing to spend time with clients
and, without obligation in the first
instance, to discuss bringing titles into
First Registration. The cost of such
which in the longer term will certainly
provide to be well spent!
Terence Willey & Company,
Lawyers and Commissioners for
Oaths (incorporating Malcolm
Daniells & Company and The
Bembridge Law Practice)
Terence Willey 01983 875859
Mark Willey 01983 611888
www.terencewilley.co.uk