The Land Registration Act 2002

In modern day land law where there is a reliance on registration. Thus reform has been sought, materialising as the 'Land Registration Act 2002'(LRA 2002). The Government proclaim that the 'LRA 2002' provides for a 'radical change' to the law of adverse possession in registered land. However assumes a 'no change' critique regarding unregistered land. Therefore with the lack of effect on unregistered land, we are posed with the question, 'does the Act go far enough? There are two systems of conveyancing in England and Wales, the registered land system, which is governed by the Land Registration Act 2002 (LRA 2002) and the older system of unregistered land, which is governed partly by the rules of common law and equity and partly by provisions contained in the 1925 property legislation. The LRA 2002 was designed to "revolutionise conveyancing in England and Wales and to bring the land registration system into the modern age." This essay aims to discuss the LRA 2002 success on reforming the law over the potential problem of the past and in particular focus on adverse possession.

Interests in land that cannot be registered as separate titles are either overriding interests or interests which need protection on the register. Overriding interests are enforceable without being protected on the register and bind a registered proprietor and his transferee despite the fact he does not know of their existence. This means overriding interests effectively detract from the principle that the register should be a mirror of the title. Under the old regime of the Land Registration Act 1925, overriding interests were listed in section 70 (1) which states these to be “all incumbrances, interests, rights, and power not entered on the register but subject to which dispositions are to take effect.”

If however, an overriding interest appears on the register (as in Re Dance Way, West Town, Hayling Island) then its protection under this category is superfluous. It will cease to bind as...