Land registration in England and Wales: problems, solutions and missed opportunities

This chapter examines the tensions that have developed in the land registration system of England and Wales since the entry into force of the seminal Land Registration Act 2002. It discusses both revealed problems – issues generated by cases decided under the legislation – and problems identified by the England & Wales Law Commission in its review of the legislation. The Law Commission’s proposals for reform are examined in this context. The authors are concerned that more troublesome issues with the legislation have been passed over in favour of proposed minor amendments. This is, perhaps, because of a failure to identify the precise role which land registration is intended to fulfil in this jurisdiction. The wider lesson is that clarity about purpose, and consistency of purpose, is crucial is making a land registration system fit for purpose within the social and economic framework of the country in which it operates.