ABSTRACT

INTRODUCTION Land lawyers in England and Wales fall into two broad groups. First, there are those who believe that the 1925 property legislation and, specifically the 1925 and 2002 Land Registration Acts (LRA), established new machinery for controlling the creation and transfer of land and interests in land, but did not radically alter the nature of property law. Thus, some textbooks will explain in detail the nature of, say, easements or mortgages, and add a section at the end of each chapter on the implications of ‘registered land’. Others take the view that the system of registered conveyancing has produced fundamental changes in the nature of the rights and interests falling within the concept of ‘land law’. Thus, on this view, a detailed understanding of the mechanics of registered land is necessary before a student can fully appreciate substantive property concepts such as easements or mortgages. There is, of course, merit in both views, but even without the powerful theoretical arguments that could be used, there are practical advantages for the student in following the second approach and this is the course adopted in this edition of Questions & Answers.