Land Law Essay
Land registration impacts not only property transfer and its documentation but also the property rights that may affect Ashdown farm. 1 As such, it is crucial for both parties to comprehend unregistered land laws practical application. Furthermore, the concern is to evaluate the legality of series of chain of ownership of the farm and legal documentation of the property transfer from initial owner to Amarjit. According to Duddington (2017), and registration act in England and Wales was newly introduces in 1926. 2 Amarjit purchased Ashdown farm in 1998 before the innovation and land registration in the state was largely voluntary and all lands remained unregistered. Consequently, land registration act 2002 was intended to not only simplify land laws but also initiate introduction of the conveyance system. The act enhanced voluntary land registration and safeguarding of third party rights.
However, 2002 act asserts that selling unregistered land propagate certain situation that can initiate its first decisive registration (Congost, Gelman, & Santos, 2017). 5 As such, if the unregistered land is being sold, land registration would be stirred but the title deed and documentation is still significantly necessary. According to Gray (2011), the legislation act 1925 restructured land transfer law with an absolute aim of making conveyancing cheaper and easier. The first ideal unregistered land principle is initiated by bounding of property rights to all whether with knowledge about the rights or not. The second unregistered land principle is the right of equitable propriety which bounds all England and Wales citizens. Rudimentary to the law of property right 1925 section 199, asserts that buyers of land will be bound by established initial equitable interest.
Therefore, Edwin will be bound by the prevailing equitable interest. According to Toomey (2017), the land transfer laws in England and Wales are founded on equity and common laws which encompass legislation of settled land act 1925, property act 1925, land charges act 1972 as well as land registration act 2002. 9 Amarjit must sufficiently prove he owns the property he claims to own. The solicitor must critically scrutinize the unregistered land documentation, title deed and systematic chain of ownership. It is imperative that the Edwin gets what he pays for. Consequently, land transfer law must offer the need to prove that the Amarjit owns Ashdown farm. 10 Edwin should further evaluate beneficial interests, easements, restrictive covenants and land contracts. As the documentation and title deeds can span for several years but comes in a disoriented form which is a time-consuming and laborious process.
Lastly, transparency in ownership is intensely limited. Ashdown farm is a private system holding and it prevents the nation in precisely establishing the owners of the land at different times thus difficult to validate the actual definite ownership of property considering Sabeer, Caleb and Daksha involvement (Bogusz, 2017). Therefore, as a result of these challenges, the state government decided for centralization of landholding in England and Wales, thereby, details of property ownership, as well as any property rights or burdens impacting on land, should be held and accounted on central register known as the land registry. 13 A register of all lands registered in England and Wales are kept in the land registry that shows the ownership of the property. The ideal purpose of land registration is to simplifying conveyance system, create a public and precise record for property ownership in the holistic nation and eradicate setbacks caused by theft or loss of documents and titles deeds.
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