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Some Aspects of Registration of Title to Land
Published online by Cambridge University Press: 18 August 2016
Extract
Our English system of registration of title to land has been actively discussed and severely criticized among certain professions, but certainly cannot be said to have attracted general interest. The subject is too often regarded as a purely legal one. Yet, looking to the fact that London properties of enormous value in the aggregate have already been affected by the drastic changes introduced by the Land Transfer Act, 1897, and that the whole country may sooner or later be brought within their influence, it is difficult, I think, to overrate the public importance of the question. Just at present, particularly, there is call for a more widespread acquaintance with the principles and working of the system. In the first place, the general public is left responsible for its extension, inasmuch as the popular veto on its application to any particular area is to be exercised through the County Councils. Secondly, the system in respect of many of its details is on trial. From time to time modifications of the original scheme are introduced, as practical experience of its working shows them to be really necessary; and where the system causes inconvenience, adjustments are being made to remove it. The opportunity therefore should not be lost of influencing these changes in the direction of meeting the requirements of any special section of business.
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- Copyright © Institute and Faculty of Actuaries 1906
References
page 249 note * Since the above was written, a Royal Commission has been appointed to enquire and report upon the expediency of instituting in Scotland a system of Registration of Title.
page 268 note * Since the above was written, the Court of Appeal has decided in favour of the Treasury, apparently on the ground that, in accordance with the terms of the Acts, the insurance fund is available only for those whose titles have been submitted for verification by the Registrar, as in the case of first registration, and not for those who get on to the register by means of documents presented for registration in the ordinary routine (see Solicitors' Journal, vol. 50, p. 388). The result supports the view set out above that the system requires amendment i n respect of the insurance fund.