The Reliability of the Land Registration Act Free Essay Example, 1500 words

As regards the unregistered title position, legal easements are enforceable under the general rule however this is clearly similar to the registered system, with the status of the easement as an overriding interest. Accordingly, this clearly undermines the LRA 2002 s purpose of simplification as asserted by the Law Commission. Moreover, with regard to equitable easements, in Thatcher v Douglas the Court of Appeal by some rather strained logic held that equitable easements were overriding interests within the definition of section 70(1) (a) of the 1925 Land Registration Act. Accordingly, the result of the Thatcher case clearly extended the range of protection for third party rights for registered titles under the pre-2002 position. Additionally, Sexton comments that perhaps the most difficult feature of the whole 2002 Act is its treatment of easements and profits . Firstly, the LRA 2002 provides that all easements and profits already existing against a registered title continue to be governed by Section 70(1) (a) of the 1925 Act. Moreover, in line with the Thatcher decision, all pre-existing easements at the date of the 2002 Act s implementation will continue to be overriding post-2002 irrespective of whether they are legal or equitable. We will write a custom essay sample on The Reliability of the Land Registration Act or any topic specifically for you Only $17.96 $11.86/page