Land Law Essay Example | Topics and Well Written Essays - 2250 words - 2

Land Law - Essay Example A 2002 being to create a land registration system that is an accurate reflection of the true state of title to a registered estate of land at any time. As such, it is arguable that the narrow system implemented by the LRA 2002 renders the unregistered system a more useful tool to protect legal interests against purchasers of the legal estate. Furthermore, one of the central purposes of the 2002 Act was â€Å"to reduce the number of overriding interests which are binding upon a purchaser of a registered title† (Sexton 122). However, Sexton argues that the â€Å"2002 Act achieves this purpose only to a very limited degree† (122). Accordingly, whilst the overall intention of the 2002 Act is to reduce the number of third party equitable interests which are binding on a purchaser, it is questionable how far the LRA 2002 has gone to achieve this. The focus of this analysis is to evaluate whether the unregistered system facilitates the protection of legal interests against a purchaser of the legal estate with a comparative analysis of the registered land system particularly in context of the overhaul implemented by the LRA 2002. Additionally, this paper will consider whether it is easier for third party equitable interests to be protected where title is registered particularly in context of the LRA 2002. With regard to unregistered land, the general principle is that all legal interests against an unregistered title will be binding on a purchaser (Smith). As such, this general principle would appear to support the statement that it is easier to protect legal interests against a purchaser of the legal estate in unregistered land; as with registered land, legal interests are required to be registered unless they fall within the category of overriding interests (Dixon). Moreover, the system of overriding interests has been inherently complex, creating uncertainty for the purchaser vis-à  -vis registered titles. Alternatively, the wider scope for protection of proprietary