Friday, October 4, 2019

Land Law Essay Example | Topics and Well Written Essays - 2250 words - 1

Land Law - Essay Example 'A vendor must be able to prove that he is entitled to the land before he can pass good title to a purchaser. Initially, such proof was provided by the production of the title documents to the land, i.e. the conveyances or leases. The vendor had to be able to show the chain of ownership for the last thirty (now 15 years).And each time the land was sold, all these documents had to be examined under the LRA 2000 a single register entry is substituted for the series of title deeds as proof of titles, and a prospective purchaser need only examine this registry entry.Theodore Rouff had laid down three basic principles of Land Registry. One among them is the mirror principle which states:â€Å" the register of title reflects accurately and completely beyond all arguments the facts that are material to the title†. In simpler terms, it can derive that this principle proposes the fact that the register of the title is the mirror which reflects accurately all the current facts and figur es those are material to the title. However, there are few exceptions to this fact. Other than these exceptions the title is free from all adverse burdens, rights, and qualifications unless they are mentioned in the register. Overriding interest can be described as one of the most an important exceptions to the mirror principle.Overriding interests: Definition: These are defined in s3 (xvi) LRA 1925 as: ‘all the encumbrances, interests, rights and powers not entered on the register, but subject to which registered dispositions are to take effect’... Initially such proof was provided by the production of the title documents to the land, i.e. the conveyances or leases. The vendor had to be able to show the chain of ownership for the last thirty (now 15 years).And each time the land was sold, all these documents had to be examined under the LRA 2000 a single register entry is substituted for the series of title deeds as proof of titles, and a prospective purchaser need only examine this register entry. Theodore Rouff had laid down three basic principles of Land Registry. One among them is the mirror principle which states: " the register of title reflects accurately and completely beyond all arguments the facts that is material to the title" (wikipedia)1. In simpler terms it can derived that this principle proposes the fact that the register of title is the mirror which reflects accurately all the current facts and figures those are material to title. However there are few exceptions to this fact. Other than these exceptions the tile is free from all adverse burdens, rights and qualifications unless they are mentioned in the register. Overriding interest can be described as one of the most important exception to the mirror principle. Overriding interests: Definition: These are defined in s32 (xvi) LRA 1925 as: 'all the encumbrances, interests, rights and powers not entered on the register, but subject to which registered dispositions are to take effect' Meaning: In simpler terms overriding interest can be defined and determined as the interest which override. It is liable on the purchaser to inspect the land and make inquiries as there are few dispositions like overriding

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