Land Registration for the Twenty-First Century a Consultative Document

Total Page:16

File Type:pdf, Size:1020Kb

Land Registration for the Twenty-First Century a Consultative Document LAW COMMISSION H M LAND REGISTRY LAND REGISTRATION FOR THE TWENTY-FIRST CENTURY A CONSULTATIVE DOCUMENT CONTENTS Paragraph Page FOREWORD 1 PART I: INTRODUCTION 2 INTRODUCTION 1.1 2 The move to electronic conveyancing 1.2 2 The deficiencies of the present legislation 1.3 3 The need to develop principles appropriate to registered land 1.5 3 BACKGROUND 1.7 4 THE LAND REGISTRATION ACT 1997 1.10 5 THE CRITERIA FOR REFORM 1.11 6 The agreed objectives 1.12 6 CONSULTATION 1.15 7 THE EUROPEAN CONVENTION ON HUMAN RIGHTS 1.16 8 STRUCTURE OF THIS REPORT 1.17 8 ACKNOWLEDGEMENTS 1.19 9 PART II: LAND REGISTRATION TODAY – A CRITICAL OVERVIEW 10 INTRODUCTION 2.1 10 GENERAL PRINCIPLES: THE CONCEPT OF LAND REGISTRATION 2.2 10 Conveyancing in unregistered land 2.2 10 Registered land 2.4 11 The move towards total registration 2.8 12 THE LEGAL AND ADMINISTRATIVE FRAMEWORK 2.10 13 H M Land Registry 2.10 13 The register 2.11 13 INTERESTS IN REGISTERED LAND 2.13 14 Registrable interests 2.13 14 Overriding interests 2.16 15 Minor interests 2.19 16 MAKING DISPOSITIONS OF REGISTERED LAND 2.20 17 Introduction 2.20 17 Registered dispositions 2.21 17 Priority searches 2.24 18 Minor interests 2.25 19 RECTIFICATION AND INDEMNITY 2.36 22 Rectification 2.37 22 Indemnity 2.40 23 ADVERSE POSSESSION 2.43 24 v Paragraph Page CONVEYANCING ISSUES 2.45 25 The move to electronic conveyancing 2.45 25 Proof of title 2.49 26 PART III: DEFINITIONS AND CONCEPTS 27 INTRODUCTION 3.1 27 REGISTERED ESTATES 3.5 28 The present definition 3.5 28 Estates which may be registered 3.6 29 Registered estates: specific issues 3.7 29 Incorporeal rights over land 3.16 33 REGISTERED DISPOSITIONS 3.24 36 RIGHTS OF UNCERTAIN STATUS 3.28 37 Rights of pre-emption 3.29 37 Rights arising by estoppel or acquiescence 3.33 40 Inchoate rights arising under the Prescription Act 1832 3.37 41 “PURCHASERS” 3.39 43 The definition of “Purchaser” 3.39 43 Doctrines of notice and registered land 3.44 45 SUMMARY AND KEY ISSUES 3.51 49 PART IV: OVERRIDING INTERESTS - THE APPROACH TO REFORM 51 INTRODUCTION 4.1 51 THE RATIONALE OF OVERRIDING INTERESTS 4.4 52 Why do we have overriding interests? 4.4 52 Categories of overriding interests 4.5 53 CRITICISMS OF OVERRIDING INTERESTS 4.11 55 Introduction 4.11 55 Title not absolute 4.12 56 Undiscoverability 4.13 56 Rectification but no indemnity 4.14 57 Unsatisfactory drafting 4.15 57 THE RECOMMENDATIONS IN THE THIRD REPORT 4.17 58 The approach to reform 4.17 58 Two specific proposals 4.18 58 STRATEGIES FOR REFORM 4.23 60 Introduction 4.23 60 Abolition of substantive rights? 4.24 61 Remove the status of overriding interest from certain rights? 4.25 61 Clarify the meaning of the legislation 4.32 65 Redefine the scope of certain overriding interests for the future 4.33 66 Encourage the registration of overriding interests 4.34 66 Electronic conveyancing 4.35 66 RIGHTS AND LIABILITIES UNDER THE GENERAL LAW ARE NOT OVERRIDING INTERESTS 4.36 66 SUMMARY AND KEY ISSUES 4.37 67 PART V: OVERRIDING INTERESTS - PROPOSALS FOR REFORM 69 INTRODUCTION 5.1 69 EASEMENTS AND ANALOGOUS RIGHTS 5.2 69 vi Paragraph Page Section 70(1)(a) 5.2 69 Introduction 5.2 69 Easements and profits à prendre 5.6 70 Customary rights 5.25 78 Public rights 5.30 79 LIABILITIES HAVING THEIR ORIGINS IN TENURE 5.32 80 Section 70(1)(b) 5.32 80 Introduction 5.32 80 Tenurial obligations to repair highways 5.33 80 Quit rents, heriots and other charges 5.34 81 Crown rents 5.35 81 LIABILITY TO REPAIR THE CHANCEL OF ANY CHURCH 5.37 81 Section 70(1)(c) 5.37 81 LIABILITY IN RESPECT OF EMBANKMENTS, AND SEA AND RIVER WALLS 5.38 82 Section 70(1)(d) 5.38 82 PAYMENTS IN LIEU OF TITHE, AND CHARGES OR ANNUITIES PAYABLE FOR THE REDEMPTION OF TITHE RENTCHARGES 5.40 83 Section 70(1)(e) 5.40 83 SQUATTERS’ RIGHTS 5.42 84 Section 70(1)(f) 5.42 84 Introduction 5.42 84 Recommendations in the Third Report 5.43 85 The treatment of adverse possession in this Report 5.44 85 Squatters’ rights as overriding interests: two problems 5.45 86 The solution: repeal section 70(1)(f) and protect only squatters in actual occupation 5.49 87 THE RIGHTS OF OCCUPIERS 5.56 90 Section 70(1)(g) 5.56 90 Introduction 5.56 90 The background to the paragraph 5.57 91 The recommendations in the Third Report 5.59 92 Retention of the overriding status of occupiers’ rights 5.61 93 Rights under settlements created before 1997 5.63 94 Rights of those in receipt of rents and profits 5.64 94 Provision for fraud or estoppel 5.69 98 Occupation of part 5.70 98 Should the occupier’s actual occupation be apparent? 5.71 98 Other matters 5.74 99 INTERESTS EXCLUDED FROM THE EFFECT OF REGISTRATION 5.78 101 Section 70(1)(h) 5.78 101 LOCAL LAND CHARGES 5.80 102 Section 70(1)(i) 5.80 102 MANORIAL RIGHTS AND FRANCHISES 5.84 103 Section 70(1)(j) 5.84 103 Seignorial and manorial rights 5.84 103 Franchises 5.86 104 vii Paragraph Page LEASES NOT EXCEEDING 21 YEARS 5.87 104 Section 70(1)(k) 5.87 104 Introduction 5.87 104 The recommendations in the Third Report 5.88 105 Reduction in length? 5.90 106 Reversionary leases 5.91 106 Time-share leases 5.92 106 Transmission of covenants 5.93 107 CERTAIN MINERAL RIGHTS WHERE TITLE WAS REGISTERED PRIOR TO 1926 5.95 107 Section 70(1)(l) 5.95 107 RIGHTS TO COAL 5.97 108 Section 70(1)(m) 5.97 108 SECTION 70(2) AND (3) OF THE LAND REGISTRATION ACT 1925 5.99 109 GENERAL DEFENCES OF FRAUD AND ESTOPPEL 5.108 113 Defences to the assertion of all overriding interests 5.108 113 Waivers of priority 5.109 113 THE “REGISTRATION GAP” 5.112 115 SUMMARY AND KEY ISSUES 5.114 116 PART VI: THE PROTECTION OF MINOR INTERESTS AND RESTRICTIONS ON DEALINGS WITH REGISTERED LAND 120 INTRODUCTION 6.1 120 THE PRESENT LAW 6.3 121 Notices 6.3 121 Cautions against dealings 6.10 126 Cautions against first registration 6.24 133 Restrictions 6.28 135 Inhibitions 6.37 138 CRITICISMS OF THE PRESENT LAW 6.43 141 Introduction 6.43 141 Unnecessary complexity 6.44 141 Inadequacy of cautions 6.45 141 Miscellaneous defects 6.46 142 THE RECOMMENDATIONS IN THE LAW COMMISSION’S THIRD REPORT ON LAND REGISTRATION 6.47 142 PROPOSALS FOR REFORM 6.48 142 Introduction 6.48 142 Notices and cautions 6.50 143 Restrictions and Inhibitions 6.55 145 Cautions against first registration 6.62 148 MAKING ENTRIES WITHOUT REASONABLE CAUSE 6.65 149 Introduction 6.65 149 Sanctions against improper registration 6.66 149 Unreasonably resisting the removal of an entry on the register 6.67 150 Power to remove entries 6.68 150 viii Paragraph Page TRANSITIONAL ARRANGEMENTS 6.69 151 SUMMARY AND KEY ISSUES 6.70 151 PART VII: PRIORITIES 154 INTRODUCTION 7.1 154 THE PRESENT LAW 7.3 154 The priority of registered dispositions 7.3 154 The priority of registered charges 7.5 155 The priority of overriding interests 7.10 157 The priority of minor interests 7.15 159 Priority searches 7.20 161 THE RECOMMENDATIONS IN THE LAW COMMISSION’S THIRD AND FOURTH REPORTS ON LAND REGISTRATION 7.22 162 Background: the Fourth Working Paper on Land Registration and the protection of financial charges 7.22 162 The recommendations in the Third Report on Land Registration 7.24 163 The draft bill in the Fourth Report 7.26 164 CRITICISMS OF THE PRESENT LAW 7.27 164 PROPOSALS FOR REFORM 7.28 165 Likely developments in land registration and their implications 7.28 165 The fundamental issue: priority of minor interests 7.31 166 Priority of overriding interests 7.35 167 Other issues 7.36 168 SUMMARY AND KEY ISSUES 7.40 168 PART VIII: RECTIFICATION OF THE REGISTER 171 INTRODUCTION 8.1 171 THE NATURE OF RECTIFICATION 8.3 171 THE PRESENT LAW 8.4 172 The grounds on which the register may be rectified 8.4 172 Restrictions on the power to rectify 8.23 179 The effect of rectification 8.32 185 THE RECOMMENDATIONS IN THE LAW COMMISSION’S THIRD AND FOURTH REPORTS 8.34 186 Grounds for rectification 8.34 186 Restrictions on rectification 8.35 186 CRITICISMS OF THE PRESENT LAW 8.36 187 PROPOSALS FOR REFORM 8.40 187 The essentials of an effective scheme of rectification 8.40 187 Grounds for rectification 8.41 188 Rectification against a proprietor who is in possession 8.47 190 Rectification and derivative interests 8.54 193 SUMMARY AND KEY ISSUES 8.56 194 PART IX: MORTGAGES AND CHARGES 196 INTRODUCTION 9.1 196 REGISTERED CHARGES 9.2 196 Definition of “registered charge” 9.2 196 Registered charges as charges by way of legal mortgage 9.4 197 The powers of a registered chargee 9.6 198 EQUITABLE MORTGAGES AND CHARGES 9.8 199 Liens arising from a deposit of the land certificate 9.8 199 ix Paragraph Page SUMMARY AND KEY ISSUES 9.12 200 PART X: ADVERSE POSSESSION AND PRESCRIPTION 202 INTRODUCTION 10.1 202 ADVERSE POSSESSION 10.4 203 The nature and function of adverse possession 10.4 203 Adverse possession and registered land: the present law 10.20 209 ADVERSE POSSESSION: PROPOSALS FOR REFORM 10.43 221 Introduction 10.43 221 Adverse possession of registered land: a new scheme of substantive law 10.44 222 Summary of provisional recommendations 10.65 230 The machinery for giving effect to adverse possession where title to land is registered 10.70 233 The machinery for giving effect to adverse possession: summary of recommendations 10.78 236 PRESCRIPTION 10.79 236 Introduction 10.79 236 Prescription at common law 10.81 237 Prescription under the Prescription Act 1832 10.82 237 Prescription by lost modern grant 10.84 239 Why the present law needs to be changed to accommodate reform of the land registration system 10.87 240 Proposals for reform 10.90 241 SUMMARY AND KEY ISSUES 10.95 243 PART XI: CONVEYANCING ISSUES 250 INTRODUCTION 11.1 250 THE CREATION AND TRANSFER OF
Recommended publications
  • Property Law: Fourth Report on Land Registration Report
    The Law Commission (LAW COM. No. 173) PROPERTY LAW FOURTH REPORT ON LAND REGISTRATION Laid before Parliament by the Lord High Chancellor pursuant to section 3(2) of the Law Commissions Act 1965 Ordered by The House of Commons to be printed 8 November 1988 LONDON HER MAJESTY’S STATIONERY OFFICE E 10.30 net HC 680 _I_. _I--.--- ._... .. .- The Law Commission was set up by section 1 of the Law Commissions Act 1965 for the purpose of promoting the reform of the law. The Commissioners are- The Honourable Mr. Justice Beldam, Chairman Mr. Trevor M. Aldridge Mr. Brian J. Davenport, Q.C. Professor Julian Farrand Professor Brenda Hoggett The Secretary of the Law Commission is Mr. Michael Collon and its offices are at Conquest House, 37-38 John Street, Theobalds Road, London WClN 2BQ. .. 11 PROPERTY LAW FOURTH REPORT ON LAND REGISTRATION CONTENTS Paragraph Page PART I: INTRODUCTION 1.1 1 PART II: THE LAND REGISTRATION ACT 1925 2.1 2 c Revising the Act 2.3 2 PART 111: THE THIRD REPORT ON LAND REGISTRATION 3.1 Overriding Interests 3.2 Rectification and Indemnity 3.6 Minor Interests 3.7 PART IV: CONCLUSION 4.1 8 APPENDIX LAND REGISTRATION BILL 9 Table of Derivations 9 Table of Destinations 14 Draft clauseskhedules and explanatory notes 24 ... 111 Land Registration THE LAW COMMISSION Item IX of the First Programme FOURTH REPORT ON LAND REGISTRATION To the Right Honourable the Lord Mackay of Clashfern, Lord High Chancellor of Great Britain PART I INTRODUCTION 1.1 In November 1987, you said that “the final results of the Law Commission’s work [on land registration] are eagerly awaited”.’ We are now pleased to be able to submit our fourth, and for the time being final, report on the subject of land registration.
    [Show full text]
  • LAND REGISTRATION for the TWENTY-FIRST CENTURY a Conveyancing Revolution
    LAND REGISTRATION FOR THE TWENTY-FIRST CENTURY A Conveyancing Revolution LAND REGISTRATION BILL AND COMMENTARY Laid before Parliament by the Lord High Chancellor pursuant to section 3(2) of the Law Commissions Act 1965 Ordered by The House of Commons to be printed 9 July 2001 LAW COMMISSION H M LAND REGISTRY LAW COM NO 271 LONDON: The Stationery Office HC 114 The Law Commission was set up by section 1 of the Law Commissions Act 1965 for the purpose of promoting the reform of the law. THE COMMISSIONERS ARE: The Honourable Mr Justice Carnwath CVO, Chairman Professor Hugh Beale Mr Stuart Bridge· Professor Martin Partington Judge Alan Wilkie QC The Secretary of the Law Commission is Mr Michael Sayers Her Majesty’s Land Registry, a separate department of government and now an Executive Agency, maintains the land registers for England and Wales and is responsible for delivering all land registration services under the Land Registration Act 1925. The Chief Land Registrar and Chief Executive is Mr Peter Collis The Solicitor to H M Land Registry is Mr Christopher West The terms of this report were agreed on 31 May 2001. The text of this report is available on the Internet at: http://www.lawcom.gov.uk · Mr Stuart Bridge was appointed Law Commissioner with effect from 2 July 2001. The terms of this report were agreed on 31 May 2001, while Mr Charles Harpum was a Law Commissioner. ii LAW COMMISSION HM LAND REGISTRY LAND REGISTRATION FOR THE TWENTY- FIRST CENTURY A Conveyancing Revolution CONTENTS Paragraph Page PART I: THE LAND REGISTRATION BILL AND
    [Show full text]
  • Report of the Select Committee on the Registration of Land (Petition for Redress)
    PP 2016/0078 REPORT OF THE SELECT COMMITTEE ON THE REGISTRATION OF LAND (PETITION FOR REDRESS) 2015-16 REPORT OF THE SELECT COMMITTEE ON THE REGISTRATION OF LAND (PETITION FOR REDRESS) On Wednesday 21st October 2015 it was resolved – That a committee of three Members be appointed with powers to take written and oral evidence pursuant to sections 3 and 4 of the Tynwald Proceedings Act 1876, as amended, to consider and to report to Tynwald by June 2016 on the Petition for Redress of John Ffynlo Craine and Annie Andrée Jeannine Hommet presented at St John’s on 6th July 2015 in relation to the registration of property. The powers, privileges and immunities relating to the work of a committee of Tynwald are those conferred by sections 3 and 4 of the Tynwald Proceedings Act 1876, sections 1 to 4 of the Privileges of Tynwald (Publications) Act 1973 and sections 2 to 4 of the Tynwald Proceedings Act 1984. Committee Membership Mr M R Coleman MLC (Chair) Mr G G Boot MHK (Glenfaba) Mr A L Cannan MHK (Michael) Copies of this Report may be obtained from the Tynwald Library, Legislative Buildings, Finch Road, Douglas IM1 3PW (Tel 01624 685520, Fax 01624 685522) or may be consulted at www.tynwald.org.im All correspondence with regard to this Report should be addressed to the Clerk of Tynwald, Legislative Buildings, Finch Road, Douglas IM1 3PW. Table of Contents I. THE COMMITTEE AND THE INVESTIGATION ................................................... 1 II. BACKGROUND: THE REGISTRATION OF LAND IN THE ISLE OF MAN ................. 2 III. THE PETITION AND THE PETITIONERS’ PROPOSALS FOR REFORM ..................
    [Show full text]
  • Making Land Work
    73991 Cover_Cover 25/05/2011 11:54 Page 1 Law Commission Reforming the law Making Land Work: Easements, Covenants and Profits à Prendre Law Commission Making Land Work: Easements, Covenants and Profits à Prendre Easements, Covenants and Profits Making Land Work: Published by TSO (The Stationery Office) and available from: Online www.tsoshop.co.uk Mail, telephone, fax and email TSO PO Box 29, Norwich NR3 1GN Telephone orders/general enquiries: 0870 600 5522 Order through the Parliamentary Hotline Lo-Call 0845 7 023474 Fax orders: 0870 600 5533 Email: [email protected] Textphone: 0870 240 3701 The Parliamentary Bookshop 12 Bridge Street, Parliament Square, Law Com No 327 London SW1A 2JX Telephone orders/general enquiries: 020 7219 3890 Fax orders: 020 7219 3866 Email: [email protected] Internet: http://www.bookshop.parliament.uk TSO@Blackwell and other accredited agents Customers can also order publications from: TSO Ireland 16 Arthur Street, Belfast BT1 4GD Telephone orders/general enquiries: 028 9023 8451 Fax orders: 028 9023 5401 Law Com No 327 12529 HC 1067 Cover / sig1 plateA The Law Commission (LAW COM No 327) MAKING LAND WORK: EASEMENTS, COVENANTS AND PROFITS À PRENDRE Presented to Parliament pursuant to section 3(2) of the Law Commissions Act 1965 Ordered by the House of Commons to be printed on 7 June 2011 HC 1067 London: The Stationery Office £37.00 © Crown copyright 2011 You may re-use this information (excluding logos) free of charge in any format or medium, under the terms of the Open Government Licence. To view this licence, visit http://www.nationalarchives.gov.uk/doc/open-government-licence/ or e-mail: [email protected].
    [Show full text]
  • Report on Local Land Charges Report
    The Law Commission WAW COM. No. 62) TRANSFER OF LAND REPORT ON LOCAL LAND CHARGES -- Laid before Parliament by the Lord High Chancellor pursuant to section 3 (2) of the Law Commissions Act 1965 Ordered by The House of Commons to be printed 17th December 1974 LONDON HER MAJESTY'S STATIONERY OFFICE 95p net 71 The Law Commission-was set up by section 1 of the Law Commissions Act 1965 for the purpose of promoting the reform of the law. The Commissioners are- The Honourable Mr. Justice Cooke, Chairman. Mr. Claud Bicknell, O.B.E. Mr. Aubrey L. Diamond. Mr. Derek Hodgson, Q.C. Mr. Norman S. Marsh, Q.C. The Secretary of the Commission is Mr. J. M. Cartwright Sharp, and its offices are at Conquest House, 37-38 John Street, Theobalds Road, London WClN 2BQ. 11 CONTENTS Paragraph Page A-INTRODUCTION . 1-9 1-4 (a) The two types of charge-similarities and differences . 2-4 1-2 (b) The Stainton Report . 5-6 2-3 (c) Supplementary Enquiries . 7 3 (a) Consultation . --. 8 3-4 (e) Definitions . 9 4 B-OUTLINE OF THE SYSTEM . 10-17 4-7 C-THE REGISTERS . 18-29 7-11 (a)Bodies maintaining registers . 18-20 7-8 (b) Direct responsibility for the registers. 2 1-23 8-9 (c) Control and supervision . 24-26 9-11 (d) The Parts of the registers. 27-29 11 D-CONTENTS OF THE REGISTER . 30-45 11-16 (a) Obsolete entries . 30-35 11-13 (b) Conditions attached to planning permissions 36-39 13-14 (c) Pre-1948 planning restrictions .
    [Show full text]
  • Chap. 7.] FREEHOLD ESTATES
    Chap. 7.] FREEHOLD ESTATES. 103 CHAPTER VII. OF FREEHOLD ESTATES OF INHERITANCE. THE next objects of our disquisitions are the nature and properties of estates. An estate in lands, tenements, and hereditaments, signifies such interest as the tenant has therein: so that if a man grants all of his estate in Dale to A and his heirs, every thing that he can possibly grant shall pass thereby.(a) (1) It is called in Laten status; it signifying the condition, or circumstance, in which the owner stands with regard to his property. And to ascertain this with pro- per precision and accuracy, estates may be considered in a three-fold view: first, with regard to the quantity of interest which the tenant has in the tenement: secondly, with regard to the time at which that quantity of interest is to be enjoyed: and, thirdly, with regard to the number and connexions of the tenants. First, with regard to the quantity of interest which the tenant has in the tenement, this is measured by its duration and extent. Thus, either his right of possession is to subsist for an uncertain period, during his own life, or the life of another man : to determine at his own decease, or to remain to his de- Scendants after him: or it is circumscribed within a certain number of years, months or days: or, lastly, it is infinite and unlimited, being vested in him his representatives forever. And this occasions the primary division of *estatesand into such as arefreehold, and such as are less than freehold.
    [Show full text]
  • History, Achievements and Prospects Nathaniel Lichfield And
    Land Value Taxation in Britain for the Benefit of the Community: History, Achievements and Prospects Nathaniel Lichfield and Owen Connellan 1997 Lincoln Institute of Land Policy Working Paper The findings and conclusions of this paper are not subject to detailed review and do not necessarily reflect the official views and policies of the Lincoln Institute of Land Policy. After printing your initial complimentary copy, please do not reproduce this paper in any form without permission of the authors. Contact the authors directly with all questions or requests for permission. Lincoln Institute Product Code: WP98NL1 Abstract This report examines the economic and social rationales and century-old experience in Britain for taxing land (as distinct from land and buildings in combination) for the benefit of the community. In practice the experience shows attempts under two distinct kinds of legislation. The first relates to proposals for revenue raising, mainly for local government purposes; and the second to recoupment of community betterment and infrastructure funding as part of development and planning policy. Part I deals with the first theme of land value taxation. Following an introduction relating to the principles of general taxation comes a statement on the current rating and taxation system in Britain relating to landed property. Then follows an exploration of economic theory and principles of land taxation as such, supported by Appendix (I.2) to which is added the distinctive theory of Henry George on the single tax, and his personal impact in Britain. Then follows a history of attempts in land value taxation in Britain, which is supported by Appendix (I.1), concluding with an evaluation of past proposals.
    [Show full text]
  • Charging Orders Report
    The Law Commission (LAW COM. No. 74) CHARGING ORDERS , REPORT ON A REFERENCE UNDER SECTION 3(l)(e) OF THE LAW COMMISSIONS ACT 1965 Presented to Parliament by the Lord High Chancellor by Command of Her Majesty March 1976 LONDON HER MAJESTY’S STATIONERY OFFICE 85p net Cmnd. 6412 The Law Commission was set up by section 1 of the Law Commissions Act 1965 for the purpose of promoting the reform of the law. The Commissioners are- The Honourable Mr. Justice Cooke, Chairman. Mr. Aubrey L. Diamond. Mr. Stephen Edell. Mr. -Derek Hodgson, Q.C. Mr. Norman S. Marsh, Q.C. The Secretary of the Law Commission is Mr. J. M. Cartwright Sharp and its offices are at Conquest House, 37-38 John Street, Theobalds Road, London WClN 2BQ. 11 CHARGING ORDERS CONTENTS Paragraph Page I. INTRODUCTION The reference and our working paper ......... 1- 8 1 __ Charging orders on land ............... 9-17 3 Charging orders on securities ............ 18 - 2 1 5 11. CHARGING ORDERS AND PRIORITY Overseas Aviation ................. 22 - 24 6 The effect of Overseas Aviation: charging orders on land ............. 25 - 36 8 The effect of Overseas Aviation: charging orders on securities ........... 37 - 39 11 Our recommendations ............... 40 - 53 11 (i) Reversing the effect of Overseas Aviation ........... 41 - 42 12 (ii) The court's discretion ........... 43 - 44 12 (iii) Jurisdiction of the county court ................... 45-51 13 (iv) Stop notices in the county court ................. 52-53 15 III. THE SUBJECT MA'ITER OF CHARGING ORDERS A. LAND AND INTERESTS UNDER TRUSTS OF LAND Irani Finance ................... 54 15 Trusts of land ..................
    [Show full text]
  • The Fee Simple
    VOLUME XXXV, NUMBER 1 SPRING 2014 COURTLAND LEE TRAVER, JR. September 20, 1935 – March 30, 2014 TABLE OF CONTENTS Courtland Lee Traver, Jr.: Remembrances A Tribute to the Father of the Modern Practice of Virginia Real Estate Law ................................. 1 Lynda L. Butler Courtland Lee Traver, Jr.: September 20, 1935—March 30, 2014 ................................................. 2 A Reflection on Three Decades: A Personal Tribute to Courtland Lee Traver, Jr.......................... 8 Susan M. Pesner Chair’s Column ............................................................................................................................................. 9 William L. Nusbaum From the Cluttered Desk (and Mind) of the Editor..................................................................................... 11 Stephen C. Gregory 2014 Virginia General Assembly Selected Real Estate Legislation Bill List ...................................................................................... 15 David S. Mercer and Lucia Anna Trigiani 2014 Virginia General Assembly Compilation of Selected Real Estate Legislation ........................................................................... 25 David S. Mercer and Lucia Anna Trigiani Virginia’s Real Estate Case Law Update ................................................................................................... 53 Otto Konrad and Hazel Wong Virginia Uniform Real Property Transfer on Death Act (URPTODA) Virginia Code § 64.2-621 et seq. (Effective July 1, 2013) ...........................................................
    [Show full text]
  • The New Property of the Nineteenth Century: the Development of the Modern Concept of Property
    Buffalo Law Review Volume 29 Number 2 Article 2 4-1-1980 The New Property of the Nineteenth Century: The Development of the Modern Concept of Property Kenneth J. Vandevelde Fried, Frank, Harris, Shriver & Kampelman Follow this and additional works at: https://digitalcommons.law.buffalo.edu/buffalolawreview Part of the Legal History Commons, Legal Theory Commons, and the Property Law and Real Estate Commons Recommended Citation Kenneth J. Vandevelde, The New Property of the Nineteenth Century: The Development of the Modern Concept of Property, 29 Buff. L. Rev. 325 (1980). Available at: https://digitalcommons.law.buffalo.edu/buffalolawreview/vol29/iss2/2 This Article is brought to you for free and open access by the Law Journals at Digital Commons @ University at Buffalo School of Law. It has been accepted for inclusion in Buffalo Law Review by an authorized editor of Digital Commons @ University at Buffalo School of Law. For more information, please contact [email protected]. THE NEW PROPERTY OF THE NINETEENTH CENTURY: THE DEVELOPMENT OF THE MODERN CONCEPT OF PROPERTY KENNETH J. VANDEVELDE* INTRODUCTION "There is nothing which so generally strikes the imagination and engages the affections of mankind, as the right of property .... " wrote William Blackstone in 1765.1 Two centuries after Blackstone wrote, Charles Reich's highly influential article "The New Property,"2 argued that property is the indispensable founda- tion of the free individual in the modern welfare state.$ While the concept of property has been central to the development of both public4 and private law during the history of the United States, the meaning of the term "property" has changed radically.
    [Show full text]
  • PDF (The Concept of Vacant Possession
    Durham E-Theses The Concept of Vacant Possession: Theory and Practice SHAW, KEITH,ALAN How to cite: SHAW, KEITH,ALAN (2010) The Concept of Vacant Possession: Theory and Practice, Durham theses, Durham University. Available at Durham E-Theses Online: http://etheses.dur.ac.uk/747/ Use policy The full-text may be used and/or reproduced, and given to third parties in any format or medium, without prior permission or charge, for personal research or study, educational, or not-for-prot purposes provided that: • a full bibliographic reference is made to the original source • a link is made to the metadata record in Durham E-Theses • the full-text is not changed in any way The full-text must not be sold in any format or medium without the formal permission of the copyright holders. Please consult the full Durham E-Theses policy for further details. Academic Support Oce, Durham University, University Oce, Old Elvet, Durham DH1 3HP e-mail: [email protected] Tel: +44 0191 334 6107 http://etheses.dur.ac.uk The Concept ofVacant Possession: Theory and Practice Keith Alan Shaw PhD Durham Law School 2010 A thesis submitted to the Durham Law School in fulfilment ofthe requirements ofthe degree ofDoctor ofPhilosophy at the University ofDurham. The Concept ofVacant Possession: Theory and Practice Contents Dedication ii Acknowledgements iii Abstract iv Table ofCases vi Table ofLegislation xvii Chapter 1 The Importance ofVacant Possession 1 Chapter 2 The Current Problems with Vacant Possession 20 Chapter 3 Vacant Possession and Contractual Conditions 50 Chapter 4 Vacant Possession and Conditions of Sale 78 Chapter 5 The Nature ofthe Obligation - Persons in Occupation 128 Chapter 6 The Nature ofthe Obligation - Legal Obstacles 158 Chapter 7 Breaching the Obligation to give Vacant Possession 177 Chapter 8 The Scope and Extent ofthe Obligation 222 Chapter 9 Vacant Possession and Title 248 Chapter 10 Conclusion 284 Appendix Standard Commercial Property Conditions (2nd Edition) 298 References 305 For all those who didn't quite move out in time..
    [Show full text]
  • Land Registration Act 2002
    Status: This version of this Act contains provisions that are prospective. Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial team to Land Registration Act 2002. Any changes that have already been made by the team appear in the content and are referenced with annotations. (See end of Document for details) Land Registration Act 2002 2002 CHAPTER 9 An Act to make provision about land registration; and for connected purposes. [26th February 2002] Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:— Annotations: Modifications etc. (not altering text) C1 Act applied (24.3.2003) by 2002 c. 29, ss. 47(2)(c)(3), 458(1); S.I. 2003/333, art. 2, Sch. (subject to transitional provisions and savings in arts. 3-13 (as amended by S.I. 2003/531)) Act applied (24.2.2003) by 2002 c. 29, ss. 248(2)(c)(3), 458(1); S.I. 2003/120, art. 2, Sch. (subject to transitional provisions and savings in arts. 3-7 (as amended by S.I. 2003/333)) Act applied (31.12.2005) by The Criminal Justice (International Co-operation) Act 1990 (Enforcement of Overseas Forfeiture Orders) Order 2005 (S.I. 2005/3180), art. 11(2)(b) Act applied (1.1.2006) by The Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005 (S.I. 2005/3181), arts. {14(2)(b)}, {153(2)(b)} Annotations: Modifications etc.
    [Show full text]