What is the difference between LRA 1925 and 2002?

LRA 2002 repealed LRA 1925, not only simplify the law by maintaining an accurate record of all the rights and alongside interests held by others that affect the land, but also to give certainty the basic concepts engrossed by the 1925 Act as it can be very clearly evident that 2002 Act revolves around the original and …

What did the LRA 1925 do?

The Land Registration Act 1925 (LRA) was an act of Parliament in the United Kingdom that codified, prioritised and extended the system of land registration in England and Wales. It has largely been repealed, and updated in the Land Registration Act 2002.

What did the Land Registration Act 2002 Change?

The Act introduces a new scheme for protecting the interests of registered proprietors against the acquisition of title by persons in adverse possession, or “squatters”. A squatter will be able to apply to be registered as proprietor after ten years’ adverse possession.

Why do we have overriding interests?

Overriding interests are typically justified as serving a legal and social need that must be given prevalence over the “absolute certainty” of the registered title and title deeds.

What is actual occupation in land law?

A concept in land law where a person is granted certain rights to a property, most notably an overriding interest enforceable against the property’s registered owner, because of the fact they were actually living in or using the property at a particular point in time.

Why would a person choose to register title to their land voluntarily?

Registered titles are protected under a government guarantee. Boundary disputes are less frequent, less costly to deal with and are more easily defeated once title is registered. Adverse possession claims are much easier to defeat. Registered land can be valued more quickly and inexpensively.

Is Land Registration Act of 1925 still valid?

There are currently no known outstanding effects for the Land Registration Act 1925 (repealed).

What does Rule 251 of the Land Registration Rules 1925 say?

As Mr Dowding points out, rule 251 encompasses things which are occupied with the land and things which are known as part or parcel of it. Clearly the rule envisages that parcels of land may be included in the registered title even though not mentioned.

What is actual occupation?

Can actual occupation be overreached?

The Court noted that any interest will only be protected to the extent of the area of which the person is in actual occupation and that for the actual occupation to be effective to override a disposition, a person must have been in actual occupation at the date of completion.

How do you prove actual occupation?

What constitutes actual occupation?

  1. the degree of permanence and continuity of presence of the person concerned.
  2. the intentions and wishes of that person.
  3. the length of, and reason for, absence from the property.
  4. the nature of the property.
  5. the personal circumstances of the person.

What constitutes occupation of a property?

Occupied property means a residential property with a structure on which any person, including an owner, operator, or tenant, but not a trespasser, lives, sleeps, cooks or otherwise maintains actual possession. Sample 1.