Land the existence of title in registered land

Land Law is the area of the Law concerned with, as its name suggests, governing the land and things (the interests?) that are attached to it. In order to fulfil this aim a series of rules, found under various land law statutes, are in place to aid in preventing and resolving disputes over land matters. Potentially problematic areas that might cause such areas of dispute and contention within land law are, but not limited to, rights of way, boundary issues and possession. In order to protect individuals who own, want to buy or have rights in land a series of precautionary and necessary rules are in place to provide a certain level of interest protection and dispute control. One such precautions is the practice of registering land. Registered land is ‘land to which the title is registered with the Land Registry. Title to such land is guaranteed by the Land Registry and is proven by a search of the register’. Under the Land Registration Act 2002 (LRA 2002) all the circumstances under which registration of title must be and can be fulfilled are included. The aim of this essay is to discuss the extent to which it is true to state that the above practice of registering title is a bureaucratic fact of registration.Bureaucratic is a term relating to an administrative system that governs large institutions. Bureaucracies are popularly perceived as systems of administration that are overly preoccupied with following rigid rules and adhering to complex procedures administered by multiple divisions which result in  them gaining a reputation of being inefficient, inflexible and impersonal.  To understand whether or not this perception is relatable to the existence of title in registered land one must first analyse the purpose, process and effects of registering title.Historically the Purpose of Land Registration is to put down in 1 place as simply as possible everything that is of present and future importance to the title (Dworkin date). (explain what you mean by title). It secures and safeguards land owners’ legal interests. The purpose of a register has been to provide publicity i.e. all land registers are open to public inspection and are easily accessible as seen in the practice of registering marriages, deaths and divorces. The existence of publicized information allows interested people the opportunity to extract information. (what information/specific to what?) and offers land owners an expedited way of proving title to their property.As it relates to Land Law, accessing information in this way can protect individuals aiming to acquire property rights from dealing with people who may not have the right by necessary title to give this property right. Registering title allows a level of transparency which is necessary to assist in the smooth running of such valuable transactions, thus, deeming it a seemingly necessary fact of registration. As part of the process of  land registration the registry must deduce the class or status of title of the individual seeking to register for the first time. The highest most secure grade of title is absolute title. ‘This is the grade of title that is granted wherein the applicant’s title is sound, that is, the title deeds are in order and it appears no one else could possibly claim the land’. Absolute title essentially guarantees that the registered proprietor owns the land. Possessory title is a grade of title in which the applicants claim to ownership is questionable. And the registry is merely accepting it under the belief that the proprietor is currently in control of the land but does not have satisfactory proof that they are the undisputed owner. After 12 years however, if no one has disputed the title the possessory title holder is often upgraded to having absolute title. you said there are 3 classes of title yet only described ?? the reader is expecting a 3rd explanation.It can be argued that this approach appears to be more efficient and more practical than deciphering through a multitude of documents in order to ascertain proof of ownership to unregistered land. ‘The Land Registration Act of 1897 introduced compulsory registration to the old London County Council, is designed to simplify and cheapen conveyancing. It is intended to replace the often complicated and voluminous title deeds by a single entry on the register’.  By eradicating the tedious process of investigating who holds title and what interests and charges apply to a piece of land, purchasers are able to simply and effectively consult the register for all relevant information with ease.  This process is relatively straightforward and uncomplicated in comparison to that of an unregistered process. (do u mean an unregistered process?) Although bureaucratic in its structure and execution the effect of handling land law transactions in this way (as it relates to the above example) is  very accomplished. The  system of Registered Land is mutually beneficial to land owners as well as those seeking to obtain land. For the former it secures the  title to the property which  affords the land owner certain protections. Individuals and organisations are therefore incentivised to register title as they are able to reap the benefits of its protections. Some of which include protection against lost deeds, more efficient property sale, reduced risk of fraud, loss of title due to conflicting possession and general neighbourly or family disputes.  Hence registering title is an important consideration for any landowner, even those who are not compulsarily required to do so. However, non registration of title does not mean that the legal owner is not in fact still recognised as such, although deciphering the legal proprietor of unregistered land is much more difficult. Unregistered Land owners are still able to claim ownership under the statutory declarations act 1835. However, prospective buyers are subject to pre-existing entitlements which make acquiring property from the unregistered proprietor extenuate due to deciphering the root of title. Thus making the practice of registering title quite effective.Although much importance is placed on the benefits and practicality of registering title, it is important to remember that it is a system of title by registration, not registration of title. For example, ‘If A holds an unregistered freehold and wants to sell or gift it to B, the transfer can be completed only if B registers his or her title. In this way, the title will be brought onto the register for the first time’. This is authorised under s. 58 of the LRA 2002  which states ‘If, on the entry of a person in the register as the proprietor of a legal estate, the legal estate would not otherwise be vested in him, it shall be deemed to be vested in him as a result of the registration.’ In other words, registering title doesn’t simply record title it creates it. The stance that registration creates title seems counterproductive when you take into account that this can be reversed as soon as proof that there was a mistake of title and should not in fact be given to the registered due to newly surfaced deeds etc. This makes the practice of registering title seem very rigidly bureaucratic in nature because its impersonality allows for details to be overlooked for the sake of organisation. So far this essay has suggested that the primary advantage to registering title is to protect those looking to acquire a property right in a particular piece of land and to allow those with property rights to enforce those rights. However, when considering the uses of registering title one should consider that registering title is not only useful in regards to land Law.  While land Law Lawyers tend to believe that registering title is a reform precaution to overcome problems in common law conveyancing. There are varying strains of thought surrounding its aim. ‘Governments and economists regard it as a market supporting mechanism operated as a government programme. The system is as Mapp said, “overwhelmingly administrative in operation”, with economic objects, namely, to improve security of title and to facilitate the transfer of interests in land’. These two objectives are even stated in the very first registration of title statute in the UK; the Land Registry act of 1862, which stated the following. ‘Whereas it is expedient to give certainty to the title of real estates and to facilitate the proof thereof and also to render the dealing with land more simple and economical’. Perhaps registration of title is much less a means of making land law matters easier to maneuverer than it is a economic tool for growth. Regardless its uses are multiple and are not simply a rigid bureaucracy. Although seemingly bureaucratic in its rigidity and finality title registration is an effective and efficient means of saving time and money. Even mistakes within the registry regarding title can be reversed and necessary parties compensated for inconvenience and loses. This seems to be a thought out administrative process that is not too strict in administration. However, the impersonality of a title by registration system often create problems in regard to actual rightful title. Aa a (( still working on conclusion whilst you look through it so ignore)))reform