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Land Registration Act 1925
Act of the Parliament of the United Kingdom
From Wikipedia, the free encyclopedia
The Land Registration Act 1925 (15 & 16 Geo. 5. c. 21) was an act of the Parliament of the United Kingdom that codified, prioritised, and extended the system of land registration in England and Wales.[1] It has largely been repealed, and updated in the Land Registration Act 2002.
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| Act of Parliament | |
| |
| Long title | An Act to consolidate the Land Transfer Acts and the statute law relating to registered land. |
|---|---|
| Citation | 15 & 16 Geo. 5. c. 21 |
| Territorial extent | England and Wales[b] |
| Dates | |
| Royal assent | 9 April 1925 |
| Commencement | 1 January 1926[c] |
| Repealed | 13 October 2003 |
| Other legislation | |
| Amends | See § Repealed enactments |
| Repeals/revokes | See § Repealed enactments |
| Amended by | |
| Repealed by | Land Registration Act 2002 |
| Relates to |
|
Status: Repealed | |
| Text of statute as originally enacted | |
| Revised text of statute as amended | |
Background
After the Land Registry Act 1862 (25 & 26 Vict. c. 53) and further attempts in 1875 and 1897 failed, as they either tried to register everything or largely relied on voluntary registration, the 1925 act was drafted to ensure a more complete, but progressive system.
The Land Registration Act 1925 was passed along with a package of reforms of the land and settlement system, including the Law of Property Act 1925 (15 & 16 Geo. 5. c. 20), the Trustee Act 1925 (15 & 16 Geo. 5. c. 19), the Settled Land Act 1925 (15 & 16 Geo. 5. c. 18) and the Land Charges Act 1925 (15 & 16 Geo. 5. c. 22). The act was amended by the Land Registration Act 1936 (26 Geo. 5 & 1 Edw. 8. c. 26).
The subsequent Commons Registration Act 1965 made reference to the Land Registration Acts 1925 and 1936.
Content
The basic premise of the act was that interests in registered land had to be registered in order to bind future purchasers of the property. One of the most important provisions was that if someone had not registered the interests listed in section 70, these would nevertheless "override" the rights of a future purchaser. In particular, under section 70(1)(g), a person who had an equitable interest under a trust, and who was in actual occupation of the home, would be able to claim an overriding interest. The occupant would have priority over future purchases without his consent, as if his interest had been in fact registered.
Repealed enactments
Section 147(1) of the act repealed 6 enactments, listed in the schedule to the act.
| Citation | Short title | Extent of repeal |
|---|---|---|
| 38 & 39 Vict. c. 87 | Land Transfer Act 1875 | The whole act. |
| 49 & 50 Vict. c. 1 | Land Registry Act 1886 | The whole act. |
| 60 & 61 Vict. c. 65 | Land Transfer Act 1897 | The whole act except Part I. thereof. |
| 8 Edw. 7. c. 36 | Small Holdings and Allotments Act 1908 | Subsection (4) of section twelve, from " and thereupon " to " Land Transfer Acts, 1875 to 1897," and section thirteen. |
| 12 & 13 Geo. 5. c. 16 | Law of Property Act 1922 | Subsections (8) and (10) of section one hundred and fifty-eight ; subsection (8) of section one hundred and sixty; Part X.; section seven of Part I. of the First Schedule, and the Sixteenth Schedule. |
| 15 Geo. 5. c. 5 | Law of Property (Amendment) Act 1924 | Section eight and the Eighth Schedule. |
