Providing comprehensive information and an essential source of answers and advice, Registered Conveyancing
- Explains in full the registration of title to land system
- Covers everything from first registration and upgrading of title to land through to rectification, indemnity and determination of disputes
- Takes you through both overriding interests on first registration and overriding interests affecting registered land
- Details the changes to the legal principles underlying the land registration system, so that you are completely up to date with the latest developments
- Goes through the practical, procedural and formal requirements imposed by the Land Registration Act 2002 and Land Registration Rules 2003
- Enables you to apply the law with confidence, including the regime for claims based on adverse possession
- Guides you through the process of searching and copying Land Registry records
- Deals with issues which have an impact on registered conveyancing, including company law, landlord and tenant law, matrimonial homes, public sector housing and planning law
- Reproduces relevant statutes, rules, forms and directives including the Land Registration Act 2002, and amended Rules
New for 2013
Forthcoming releases will look at:
Application of Cheshire Homes v Malory to the LRA 2002.
Groveholt Limited v Alan Hughes & anor  EWHC 3351 which confirms that although in certain circumstances a constructive trust may be imposed on a transferee of registered land so as to give effect to unprotected third party rights, the underlying premise of the land registration system requires that the circumstances in which this will be imposed be narrowly confined - the key question is not whether the transferee has knowledge of the third party rights, but whether he has undertaken a new obligation to give effect to those rights. Section 144 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 - the significance illegality of the possession by the squatter in relation to adverse possession of residential property has been increased as a result of the coming into force of s.144 on September 1, 2012. It provides that a person commits an offence if (a) they are in a residential building as a trespasser having entered it as a trespasser; (b) they know or ought to know that they are a trespasser; and (c) they are living in the building or intend to live there for any perio).
Swan Housing Association Ltd v Gill  EWHC 3129 (QB), which confirms a squatter is not prevented by the LRA 202, Sch.6, para.1(3)(a) from making an application in circumstances where he is a defendant in injunctive proceedings as opposed to possession proceedings. The High Court also held that the court has no general jurisdiction to determine an adverse possession claim in relation to registered land, other than for the purposes of s.98; instead, the claim must be dealt with by way of an application to the Land Registry under the statutory scheme set out in Sch.6 to the LRA 2002.
Fitzwilliam v Richall Holdings Services  EWHC 86 (Ch), which confirms that the controversial decision in Malory Enterprises v Cheshire Homes (UK)  applies to the LRA 2002 as well as the LRA 1925; the defrauded proprietor therefore retained his beneficial interest in the property notwithstanding registration of the forged transfer in favour of an innocent third party.
Updated versions of the Land Registration Rules, Fee Order, Proper Office Order and other relevant legislation
Updated copies of Practice Guides (on rolling basis, it’s hoped that all will be updated and included before end of next subscription period).
Changes as a result of Health and Social Care Act 2012.
Changes to reflect the Legal Aid reform and the Land Registry’s new regime for the electronic filing of particulars of charges.