Further Research Links

Chapter 2: The structure of land law

Law Commission/HM Land Registry (1998) Land Registration for the Twenty-First Century: A Consultative Document, Law Com No. 254, available online at http://www.lawcom.gov.uk/project/land-registration-for-the-21st-century/#land-registration-for-the-21st-century-consultation

This report sets out the reasons behind the reform of the law in the LRA 2002.

https://www.gov.uk/registering-land-or-property-with-land-registry

This is a simple guide to the basics of registration of title.

Chapter 3: The freehold estate

Law Commission/HM Land Registry (2001) Land Registration for the Twenty-First Century: A Conveyancing Revolution, Law Com No. 271, available online at http://www.lawcom.gov.uk/project/land-registration-for-the-21st-century/, paras 2.7, 11.5–11.19

This Law Commission/HM Land Registry report introduced the LRA 2002. You can see here details of provisions about Crown land.

https://www.gov.uk/government/organisations/land-registry

This is the website of the Land Registry. It features publications explaining land registration and you can look at the forms required to register land.

Chapter 4: Registration of title

Law Commission/HM Land Registry (1998) Land Registration for the Twenty-First Century: A Consultative Document, Law Com No. 254, available online at http://www.lawcom.gov.uk/wp-content/uploads/2015/04/lc254.pdf

Law Commission/HM Land Registry (2001) Land Registration for the Twenty-First Century: A Conveyancing Revolution, Law Com No. 271, available online at http://www.lawcom.gov.uk/wp-content/uploads/2015/04/Lc271.pdf

These two Law Commission/HM Land Registry reports set out the reasons for the reform of the law in the LRA 2002.

Updating the Land Registration Act 2002 A Consultation Paper, Consultation Paper No.227: http://www.lawcom.gov.uk/project/land-registration/

The recent consultation paper on reform of the LRA 2002.

Chapter 6: Adverse possession

Land Registry (2015) Land Registry Practice Guide 4—Adverse possession of registered land, available online at https://www.gov.uk/government/publications/adverse-possession-of-registered-land/practice-guide-4-adverse-possession-of-registered-land

This sets out the Land Registry procedure on adverse possession under the LRA 2002.

Land Registry (2015) Land Registry Practice Guide 5—Adverse possession of (1) unregistered land (2) registered land where a right to be registered was acquired before 13 October 2003, available online at https://www.gov.uk/government/publications/adverse-possession-of-1-unregistered-land-and-2-registered-land/practice-guide-5-adverse-possession-of-1-unregistered-and-2-registered-land-where-a-right-to-be-registered-was-acquired-before-13-october-2003

This sets out the law on applying under the old rules for registration of unregistered land that has been adversely possessed and registered land adversely possessed before the LRA 2002 came into force.

Law Commission/HM Land Registry (1998) Land Registration for the Twenty-First Century: A Consultative Document, Law Com No. 254, available online at http://www.lawcom.gov.uk/project/land-registration-for-the-21st-century/#land-registration-for-the-21st-century-consultation

See especially paras 10.1–10.19, which discuss the justification for adverse possession and go on to look at whether it should continue to exist in registered land.

Law Commission/HM Land Registry (2001) Land Registration for the Twenty-First Century: A Conveyancing Revolution, Law Com No. 271, available online at http://www.lawcom.gov.uk/app/uploads/2015/04/Lc271.pdf

Law Commission Law Commission Consultation Paper No 227 Updating The Land Registration Act 2002 available at https://www.lawcom.gov.uk/project/updating-the-land-registration-act-2002/

Chapter 7: The sole owner of land

https://www.gov.uk/government/organisations/land-registry

There are a lot of useful resources on this website, but look particularly at Practice Guide 15: overriding interests and their disclosure.

Law Commission/HM Land Registry (2001) Land Registration for the Twenty-First Century: A Conveyancing Revolution, Law Com No. 271, available online at http://www.lawcom.gov.uk/wp-content/uploads/2015/04/Lc271.pdf

Chapter 8: Joint owners of land

https://www.gov.uk/government/publications/private-trusts-of-land/practice-guide-24-private-trusts-of-land

The Land Registry provides a helpful Practice Guide on registration matters relating to Private Trusts of Land. This also explains which forms should be used to register the severance of an equitable joint tenancy. It also offers a helpful YouTube video which explains how to fill in a TR1 and what the various entries mean: https://www.youtube.com/watch?v=nIpPHDUAae4. It is very clear on the implications of joint tenancy and tenancy in common and how to complete the relevant section of the TR1 form.

Chapter 12: Easements and profits

Land Registry (2015) Land Registry Practice Guide 52—Easements claimed by prescription, available online at https://www.gov.uk/government/publications/easements-claimed-by-prescription

This guide gives clear guidance on how the Land Registry deals with claims for easements by prescription. It also gives a very clear outline of the law on prescription.

Land Registry (2015) Land Registry Practice Guide 62—Easements, available online at https://www.gov.uk/government/publications/easements

This guide sets out the rules on registration of easements. It is quite technical, but useful if you want to check whether a particular easement should have been registered.

Law Commission (2011) Making Land Work: Easements, Covenants and Profits à Prendre, Law Com No. 327 (London: The Stationery Office, 2011) available online at http://www.lawcom.gov.uk/wp-content/uploads/2015/03/lc327_easements_report.pdf

Law Commission (2014) Rights to Light, Law Com No. 356 (London: The Stationery Office, 2014) available online at http://www.lawcom.gov.uk/wp-content/uploads/2015/03/lc356_rights_to_light.pdf

Chapter 13: Covenants in land

http://www.lawcom.gov.uk/wp-content/uploads/2015/03/lc327_easements_report.pdf

This website contains the Law Commission report, ‘Making Land Work: Easements, Covenants and Profits à Prendre’, Law Com No. 327 (London: The Stationery Office, 2011), which contains the latest proposals for reform.

https://www.gov.uk/appeal-upper-tribunal-lands/legislation-and-previous-decisions

The website of the Upper Tribunal (Lands Chamber) contains decisions made by the Tribunal, along with other useful information.

Chapter 14: Mortgages

For more on the pre-action protocol on mortgage arrears, see https://www.justice.gov.uk/courts/procedure-rules/civil/protocol/prot_mha and also the CML (now UK Finance) website at https://www.ukfinance.org.uk/

Chapter 15: Completing the puzzle

https://www.gov.uk/government/organisations/land-registry

The Land Registry website contains lots of useful, practical information about land registration.

https://www.gov.uk/search-property-information-land-registry

The land register is a public document. For a small fee, you can find online the land registry entry for any registered title in England and Wales.

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