The law of unregistered land

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193421 Title: English Land Law Analyse what the future for land governed by the deeds system (unregistered land) may be.] Although registration of land is not compulsory the Government have tried in recent times to encourage the registration of land by offering incentives to those who are in possession of unregistered land[1]. Generally speaking land that is unregistered only becomes registered when the owners of that land sell it to another[2]. All land purchased since the Land Registration Act 1925 should be registered as the Act made it possible for land sold after this date to be registered[3].

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Concern has been raised by the Government about unregistered land as it is sometimes difficult for an owner of that land to prove his ownership of it[4]. At present only 50% of land in England and Wales is registered. It is the aim of the Land Registry to vastly increase this amount by 2012. In order to achieve this they have set up teams dedicated to dealing with the registration of unregistered land. Their aim is to make the voluntary registration of unregistered land[5] as simple as possible and to provide adequate support to those seeking to register their land. To encourage people to register their land the Land Registry point out the advantages behind the registering of the land. These include reducing the risk of adverse possession[6], promoting the security and convenience of the title being registered and enabling proof of ownership to be simpler. The risk of adverse protection is removed by the Land Registration Act 2002[7]. Once the land has been registered the Land Registry will issue a warning to the owner of any claim that has been made against their title[8]. By registering the land the owner will protect the boundaries of their estate and could save themselves from potentially large legal bills in the future when trying to fight a claim for adverse possession. Registered titles are guaranteed by the state. The title sets out a description of the land and lists the rights and obligations that affect that land. When carrying out transactions in the future the deeds are no longer required as all the information contained in the deeds will be held at the Land Registry[9]. Over the years the knowledge of how to deal with ancient titles is dwindling so registration will be of a great advantage in the future when that knowledge is extinguished altogether[10]. Registration provides proof of ownership and helps to simplify conveyancing which in turn reduces legal fees and avoids unnecessary delays. Owners and advisors are able to access the registered title and plans on line at any time thanks to the internet. Potential purchasers are more likely to expect the land to be registered in the future and may be more tempted to buy land that is registered as the process is simpler and less expensive.

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