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  • Essay / What is Earth? - 1661

    Land, as defined in section 205(1)(ix) of the Law of Property Act 1925 (hereinafter LPA 1925), is both tangible in nature in terms of its physical assets and intangible by the rights and interests in and on the land. It is important to note that as physical ownership is attached to the property and transferred under a new owner, so too are the rights and interests attached to it and transferred with it, both the benefit and the charge. The problem however was to identify the rights to be transferred, which was facilitated by the legislative reform in favor of land registration, which in turn formed two distinct systems in land law, the registered land system where the Basis of "title" was in the register and the old system of unregistered land where the basis of "title" required finding the "root of title" over fifteen years to confirm possession. In doing so, it ensures that the current seller has title to the land to be sold, in addition to any lack of title and rights/interests associated with the land of which the buyer must be made aware. Added to the aforementioned problem of identifying rights was the complex process of discovering the “root of title” and finding the owners of said rights in order to protect their interests in a piece of land. However, the problem mainly lay in the name-based land charges register, making the process difficult due to improperly recorded land charges against wrong or incorrect versions of names. Another issue was the protection of the rights of those "carrying on a real business" who would lose that right if it was not registered, as happened in the cases of Hollington Bros v Rhodes [1951] and Lloyds Bank v Carrick [1996]. It is therefore understood that it is the responsibility of the buyer, whatever...... middle of document....../www.lawteacher.net/land-law/essays/under-the-land- registration- act-law-essays.php [accessed May 5, 2014]E-LAWRESOURCES., 2014. Williams & Glyns Bank v Boland [online]. Electronic legal resources. Available at: http://e-lawresources.co.uk/Land/Williams--and--Glyns-Bank-v-Boland.php [accessed May 5, 2014]LAND REGISTRY., April 2012. Practical Guide 15 – Overriding interests and their disclosure [online]. Croydon: Land Registry. Available at: http://www.landregistry.gov.uk/professional/guides/practice-guide-15 [accessed 5 May 2014]JaceyWongL.C, 2012. Land Law - Leases. Dear Samantha S [blog] May 5. Available at: http://theladyj2nd.blogspot.co.uk/2012/05/land-law-leases.html [accessed May 8, 2014]H1, 2012. Easements & Profits à Prize. UK Law [blog] June 3. Available at: http://lawnotesh1.blogspot.co.uk/2012/06/easements-profits-prendre.html [accessed May 8 2014]