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Abela, A, Hoxley, M, McGrath, P and Goodhew, S (2013) A comparative analysis of implementation of the Energy Performance of Buildings Directive in the Mediterranean. International Journal of Law in the Built Environment, 5(03), 222-40.
Davenport, P and Brand, M C (2013) The effectiveness of time bar clauses following the high court in decision in
Dixon, M (2013) Title by registration or conquest: Interpreting the Land Registration Act 2002 in England and Wales. International Journal of Law in the Built Environment, 5(03), 194-206.
- Type: Journal Article
- Keywords: Alteration; Conclusive register; Land registration; Rectification; Title guarantee
- ISBN/ISSN: 1756-1450
- URL: https://doi.org/10.1108/IJLBE-03-2013-0008
- Abstract:
Purpose – The purpose of this paper is to analyse whether title to land is secure in England and Wales when registered under the Land Registration Act 2002, in particular when a title is registered without the proprietor being able to establish good title under pre-registration rules of property law. Design/methodology/approach – This paper analyses reported judgments, with particular emphasis on the decision in Walker v. Burton [2012]. Findings – The paper identifies an uncertainty at the heart of the registration system: the uncertainty as to the extent to which a registered title may be rectified to remove the proprietor. This is acute when it appears that the registered proprietor has no claim to the land other than by reason of his registration. There may be a difference in this regard between intangible property titles and tangible titles. Originality/value – The Land Registration Act 2002 is meant to replace registration of title with title by registration. The real force of this is only now being realised and there are few reported judgements, and less consistency, working out what this means in practice.
Gibbons, T N (2013) Management agreements in multi-unit housing developments: A case study in regulation and remedies. International Journal of Law in the Built Environment, 5(03), 207-21.
Jorge, A (2013) The subsidiarity rule: the unjust enrichment doctrine in construction law. International Journal of Law in the Built Environment, 5(03), 253-70.