Bringing Land Registration into the Twenty–First Century – The Land Registration Act 2002

Abstract

Land registration in England and Wales is embarking on a new voyage. Reforms proposed by the Land Registration Act 2002l (LRA 2002) seek to transport conveyancing into a new technologically advanced era, and remedy the deficiencies and limitations with the Land Registration Act 1925 (LRA 1925) and subsequent amending legislation. The objective of the Act, which will repeal the LRA 1925, is to create a truly transparent accurate and comprehensive Register. The Act has its origins in the consultative document entitled 'Land Registration for the Twenty-First Century' published in 1998,2 which provided a forum for stimulated debate in this area. The joint Law Commission and Land Registry Report of 20013 published simultaneously with the Bill, endeavoured to assist in dissemination of the changes introduced by the Bill, reviewed the current legal position and indicated the departures from the 1998 Consultative Document. The purpose of this note is to consider some of the key changes that are introduced by the new Act to the system of land registration in England and Wales, and the impact the changes will have on conveyancing law and practice. Some aspects of the reforms, for example, reducing the number of overriding interests or compulsory first registration for leases over seven years duration are particularly welcome. These developments will undoubtedly help to simplify conveyancing and protect third party rights. Other changes, such as the introduction and development of electronic conveyancing (e-conveyancing), leave a number of unanswered questions relating to implementation and regulation. This will require further secondary legislation and a significant change in practice amongst solicitors before the full benefit of e-conveyancing can be brought to all property buyers. The introduction of e-conveyancing in the LRA 2002 continues a popular theme witnessed in much of the legislation introduced by the Labour Government. The Government, focusing on the concept of modernising the state, has demonstrated a keen interest in bringing the benefits of Information Technology to the public services and the process of government and administration more generally.4 In this commitment to use new technology, the Government is seeking to meet the needs of both citizens and business, and not trail behind technological developments being used in many other European Union (EU) countries. The LRA 2002 in seeking to introduce this technology into conveyancing law and practice, which is