Land Registration Act 2002: Something About to Register?

The Land Registry is losing all its inhibitions and throwing caution to the wind, somebody recently quipped at a seminar on the Land Registration Act 2002, due to come into force on 13 October 2003.

The witticism stems from the fact that among the winds of change brought by the Act, the lodging of inhibitions and cautions (particular methods of putting a damper on other people's registered title) will become a thing of the past. Well, not quite, but more on that below.

Deeds

There are all sorts of changes afoot. Paper deeds will become hardly worth the paper they are written on, as all information will be stored electronically on the register. (The paper might actually be worth quite a lot as deeds become increasingly rare and sought after). The Land Registry will have a policy of destroying deeds unless you send certified copies and request their return.

Privacy

Everyone will have access to everything on the register. Unless, that is, you can make out a good case for privacy (for example, prejudice to commercial interests or the likelihood of disclosure causing substantial unwarranted damage or distress). This sails full square with freedom of information rights and presumably tacks deftly around data protection rights.

Squatters

Squatters take a hit, with a new regime that automatically gives the owner the opportunity to oppose a claim for adverse possession (a claim will be possible where the squatter has been in possession for 10 years), rather than simply lose title if the squatter can show 12 years possession.

The aim of the Act is to get much more information put on the register so that it more accurately reflects ownership and interests in land. Many more transactions will be registrable, including all leases over seven years in length (currently only leases for a term over 21 years need to be registered). Rights and...