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Essay / Research Paper Abstract
The scope of the doctrine of notice with respect to registered land has long been a matter of doubt and it is questionable whether the Land Registration Act 2002 has removed the doubts. This 18 page paper looks at how the doctrine of notice has developed how it has been reduced in importance over time. However, the paper argues that the LRA 2002 reintroduces the doctrine of notice, and while it may reduce the scope of that doctrine and increase the amount of equitable interests that are recoded in the register, but that it does not eliminate it, nor does it define it totally. Numerous cases are cited. The bibliography cites 17 sources.
Page Count:
18 pages (~225 words per page)
File: TS14_TEnotice.rtf
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Unformatted sample text from the term paper:
and would take the place and function of the title deed1. The idea was that an individual that was seeking to make a purchase of land would be able to
look at the land register and find all of the information they needed2. This information was seen as being sufficient for that purchaser to make their decisions regarding the title
of the property. The basis idea was that the register could act as a mirror showing the actual position of the title and also any benefits and/or encumbrances that
were associated with the title being researched3. This desire is reflected in the creation of the Land Registry Act 2002, which replaced the 1925 act4, where there could be a
single register that would mirror the actual situation, and also allow transaction to be undertaken electronic methods5. However, for this to take pace the majority of all information regarding title
will need to be shown on the register, but despite the attempts of the 1925 act and now the Land Registration Act 20026, this has not yet taken place.
To look at this we need to look at the doctrine of notice. If the implementation of the LRA 2002 is to create a register that is truly a mirror
of the real state of title then there will be no room for the doctrine of notice at all7. This is currently a very prominent feature of the unregistered conveyancing
and clashed with the idea that a register can be an accurate reflection of the title rights and encumbrances8. This can cause delays.
It can be argued there has been need for change. Conveyance in England and Wales has come under a great deal of criticism in recent years. The process of
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