Land Registration Act 2002



Land Registration Act 2002

Introduction

English land law is characterized by duality, rights in law and in equity rights. Rights in law are the rights established in law that are inflexible in its content, which must be made by certain formalism. The formal instrument is the deed. The deed is also a standard document, priced content. In the intricacies of this typicality strict, born and living rights in equity, requiring no formal constitution and are of variable geometry. This brief summary is a brief preliminary consideration and necessary for understanding the transmission system and English estate to permit comparison with the mainland.

The article shows the different consequences for traffic safety using the property deed or writing English public according to the Land Registration Act of 2002. The English system, based on an authentic document, the deed, there are serious shortcomings in the area of possible impersonation, forgery of securities or third buyer protection, which are supplemented with advantage by requiring a degree in deed mode that reflects the rights of the great countries of the continent (Bogusz, 2002, p.556-567).

These latter systems have general security estate transmissions that pivot on the idea of authenticity of the document to access the registry in some cases to rely almost exclusively on it. Throughout the paper, we compare security systems English, American and German legal systems.

Ignorance of the act, authenticate facilitates fraud, impersonation and deprives the document the presumption of legality. We know that the quality of a property registration depends on the quality of the document falls. Fragility influences negatively the deed land registration. In England and Wales, the only document that produces effects in law and in the Land Registry, is the deed. It is a private document, formal in content, must be in writing before witnesses and must have a minimum default is initially conceived as unilateral document. Not a notary involved in the use of civil law.

The Land Registry makes a judgment on deed record. Once analyzed that the deed loses its meaning and function, disappears, and the Land Registry issued a title or certificate of ownership. The issuance of this certificate or title may incur liability in cases of error correction for the attribution of ownership, but not in the alteration of the content of the record, which may be due to many different causes. Thus, a real estate owner with a right in equity cannot beat a registered proprietor with absolute title issued by the Land Registry. It will be a case of alteration based on an overriding interest and rectification by mistake. Therefore, from the law 2002, the Land Registry search security through e-conveyancer, electronic signatures, but there are fears that an electronic record directly operated by the authority to replace the registry staff be degraded by the unacceptable level of errors of those causes.

Discussion

Law Commission Report

Ignorance of the act authenticate facilitates fraud, impersonation and deprives the document the presumption of legality. It is known that the quality of a property registration depends ...