ABSTRACT

Legislative reform, being a blunter instrument, has more obvious and perhaps more far reaching consequences. The "political" nature of much of the law governing landlord and tenant has meant that the area has seen a series of amending statutes but attempts to reform the wider law of property have met with little success. The judiciary has, and will continue to have, a vital role in the development of land law, but seems eager to concede to Parliament the primary role of lawmaker. In Lloyds Bank pic v Carrick, there is a call for the Law Commission to look at the discrepancy in registered and unregistered land between the effects of occupation on unregistered interests. Legislation has traditionally played a very active part in the development of land law. The dangers of the sort of reform are most obvious where the law sought to be changed is essentially concerned with practice.