The Land Registration Act 2002 has come into force this week, replacing the statutory framework for Land Registration set out in 1925 legislation.
The Act is intended to put more information about land ownership in the UK on the public record.
All leases over seven years (rather than 21 years, as before) will have to be registered, bringing most leases, and therefore most commercial property transactions, within the scope of the Act.
The Act also makes possible the development of an electronic conveyancing system, by setting out a framework in which interests in registered land can be transferred and created electronically.
Another provision of the Act gives registered proprietors increased protection against the acquisition of title by squatters.
A squatter will not be able to apply successfully to be registered as the owner of land on which he she squats, however long he or she may have been in adverse possession, if the existing owner objects, except in very limited and clearly defined circumstances.
This additional protection should encourage owners of unregistered land to register their title, helping to complete the Land Register and making the benefits of registered conveyancing more widely available.
The Act also creates the new office of adjudicator to HM Land Registry. The independent adjudicator will determine disputed land registration applications referred from Land Registry.
For more information about the Act, see the following articles:
Register the changes
Material considerations
Squatters will now be adversely affected
Get in on the action – and get registered
Action plan for the new regime
References: EGi News 15/10/03
