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The L and R egistration A ct 2002 – the Show on the Road
Author(s) -
Gardner Simon
Publication year - 2014
Publication title -
the modern law review
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.37
H-Index - 22
eISSN - 1468-2230
pISSN - 0026-7961
DOI - 10.1111/1468-2230.12089
Subject(s) - conveyancing , land registration , perspective (graphical) , autonomy , software deployment , political science , law , law and economics , sociology , computer science , history , land tenure , artificial intelligence , archaeology , agriculture , operating system
This article reviews the L and R egistration A ct 2002, taking advantage of the deeper perspective afforded by the intervening decade, and absorbing subsequent developments – and, in the case of the A ct's electronic conveyancing project, non‐developments – that have also come to contribute to the picture. It suggests especially that while the A ct's central idea of conclusive, indeed ‘constitutive’, registration can be beneficial, its deployment here has been problematic. In particular, the lapse of electronic conveyancing, and the possibility (resisted by the courts) that conclusive registration can be procured by fraudsters, have diminished the control that parties have over dispositions of their own title, to the detriment of their autonomy; and over‐preoccupation with the central idea has resulted in a failure to think carefully enough about problems to which it was never going to be the answer.