What are the main provisions of the land registration Act 2002?

Answer 1

changes made by the Act:

Existing registers

If you owned registered land prior to the 13 October 2003 you will want to know that existing registers will not change. All entries on them have the same effect after 13 October 2003 as before.

Addresses for service

You can now have an e-mail address or an address outside the UK on the register. You can have up to three addresses and one of them must be postal. It is now particularly important that you keep these addresses up-to-date.

Leases and tenancies - new interests that must be registered

You must now register:

leases or tenancies granted for more than seven years
leases or tenancies with more than seven years to run if they are transferred to a new owner
leases or tenancies of any length that start more than three months from the date that they are granted
discontinuous leases - such as a time share lease for two weeks each year- granted out of a registered title, whatever the total length
Before 13 October 2003 only leases granted for more than 21 years had to be registered.

New interests in land that may be registered

You may now register these interests voluntarily

discontinuous leases - such as a time share lease for two weeks each year - granted out of an unregistered title if the total length is less than seven years
existing leases with more than seven years left to run
'profits a prendre in gross' - such as certain sporting or fishing rights that are independent of land ownership
franchises - these are special interests granted by the Crown such as the right to hold a market or take a toll.
Land and charge certificates abolished

Land Registry no longer issues land or charge certificates. You do not need to send an existing certificate in to us with any application. If you do send one in we will destroy it. If you have lost your land or charge certificate you do not need to replace it.

The register is still open to the public:

You can now obtain historical copies of the register that Land Registry hold in electronic form.
You can obtain a copy of any document submitted to Land Registry after 13 October 2003 unless it is especially exempt.

Determined Boundaries

The new 'determined boundary' procedure enables you to have the exact line of your boundary shown on your register. You must provide a detailed plan and be able to produce evidence to show the exact boundary.

Cautions against dealings

Cautions against dealings can no longer be registered (under the Land Registration Act 1925 these are protected various interests in land such as contracts, charging orders and court proceedings). Cautions registered before 13 October 2003 are still effective. New types of protection for third party interests are now available.

Dealing in person with Land Registry

If you deal with Land Registry in person you will now need to use the new forms and procedures.

Squatters rights

A squatter on registered land can apply to be registered as owner of that land if he has been in adverse possession of it (i.e. been squatting there unchallenged) for at least 10 years.

Disclosing unregistered interests

Not all interests affecting land are shown on the register. Now, when you register land for the first time or ownership changes some unregistered interests must be disclosed to Land Registry. Examples are certain short leases and rights of way.

Answer 2

I was not aware that there were any amendments to the act in 2002, I try to keep up with it, surely I did not miss this, I must look it up. Thank you for the tip-off.

Answer 3

Look up your school text books instead of asking us to provide the answers to your school's essay question.

Answer 4

sniff sniff.... the law on adverse possession was so much better before 2002...and this government call themselves socialists!