Land Law Reform
The need to modernise property law to accommodate changing social, demographic and economic requirements has long been recognised. It has also been generally recognised that the law should be simplified to make it more easily understood and accessible. The primary aim of the Land Law Reform Project is to reform and modernise land law and conveyancing law.
Many of the concepts of land law are enshrined in ancient legislation and the conveyancing process is largely governed by laws which were enacted in the 19th century. Some of the rules and principles are obsolete, others cause unnecessary complications and many are of reduced relevance today. One of our principal aims of the Project is to remove anomalies and anachronisms in the law of property and to remove the traps for the unwary. We also hope to simplify the law to make it more easily understood and accessible as well as facilitating the conveyancing of property.
We have published a Consultation Paper Land Law NILC2 (2009) with our proposals and the consultation period ended on the 18 September 2009. The areas of substantive land law and conveyancing law that we cover in the Consultation Paper include: feudal tenure, estates in land, easements and other rights over land, future interests, settlements and trusts, concurrent interests, mortgages, contracts for the sale of land and conveyances. There is also a review of statute law affecting land.
We have also published a Supplementary Consultation Paper Land Law NILC3 (2010) which covers the areas of Adverse Possession, Ground Rents and Covenants After Redemption. The consultation period ended on the 30 April 2010.
Our Project to reform the substantive law of property is complemented by the work of the Land and Property Services Agency
to introduce electronic registration and to examine the technical requirements for the further development of electronic processes within the system of land registration. Without a sound framework of modern land law underpinning the conveyancing process it would not be possible to develop a high quality advanced approach to land registration. A substantial reform of the underlying law will also facilitate improvements in the conveyancing process, assisting in making it simpler and less protracted.
Another important strand of our Project is to undertake a review of all the statutes from the 13th century to date that have any relevance to land. We are screening these statutes to identify those which can be repealed without replacement and which are now completely obsolete or otherwise inappropriate. We are also identifying those statutes which remain relevant today, but which will require amendment to be effective in a modern environment.
Any queries regarding the proposals should be sent to: sarah.witchell@nilawcommission.gov.uk
Related documents
Supplementary Consultation Paper Land Law -NILC 3 (2010)
Consultation Paper Land Law - NILC2 (2009)
Equality Impact Assessment on proposals for Land Law Reform Monitoring Report
Equality Impact Assessment on proposals for Land Law Reform
Equality of Opportunity Screening Analysis Form - Land Law Reform
Regulatory Impact Assessment Screening Analysis Form - Land Law Reform
