ABSTRACT

This chapter charts the development of automated conveyancing in England and Wales. The current legal framework governing electronic conveyancing is contained in the Land Registration Act 2002 (England and Wales), which was the product of joint work by the Law Commission for England and Wales and HM Land Registry. A move to automated conveyancing was central to a ‘conveyancing revolution’ promised by the Act. Following a review of the legislation completed in 2018, the Law Commission has proposed a ‘new vision’ for automated conveyancing, enabling greater flexibility in its development. Through examining the past, present and future of automated conveyancing in England and Wales, this chapter suggests that law and practice have complementary roles to play as drivers of conveyancing reform, and in the ultimate success of automated conveyancing. Legislation governing automated conveyancing in England and Wales has been most successful where it has been facilitative rather than prescriptive, and has provided practitioners space within which to drive forward innovation.