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How do I plan this Land Registration Question?

I've done my revision and made my notes but when it comes to essay questions I don't know how to fully answer the question.

I think it's the wording of the question which confuses me. So can someone please help me with this essay question….

‘The Land Registration Act 2002 effectively addressed all the difficulties that purchasers of the estate in land had to deal with prior to its enactment’.

Discuss the validity of the statement with reference to relevant case law and
legislation.

Do I first talk about the LRA 2002 for the intro…the three principles of registration so the mirror/curtain/insurance principle…the overriding interests for third parties: easements/actual occupation and leases or 7 years or less?

Reply 1

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Reply 2

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Original post by ********

‘The Land Registration Act 2002 effectively addressed all the difficulties that purchasers of the estate in land had to deal with prior to its enactment’.

Discuss the validity of the statement with reference to relevant case law and
legislation.

In order to decide whether LRA 2002 'effectively addressed all the difficulties.... prior to its enactment', I would think it makes sense to start by identifying what those difficulties were, before going on to discuss to what extent they were addressed.

It's obviously not as simple as saying that legal easements and the rights of those in actual occupation are overriding interests under LRA 2002.That's true, but it was also true before LRA 2002, see s 70(1)(a), and s 70(1)(g) LRA 1925. If you compare those sections with the current position you will see that the differences are primarily related to the 'discoverability' of the interest. i.e. under 70(1)(g), actual occupation made a right overriding unless it wasn't disclosed on a reasonable enquiry. It didn't matter that the actual occupation itself wasn't easily discoverable. And it didn't matter under 70(1)(a) that there was no means of discovering the legal easement or that it hadn't been used for a considerable period of time.

Obviously the question is much wider than just a discussion of 'overriding interest', I'm just discussing that as you mentioned those examples specifically. I can't imagine that there is a better place to begin your research than the Law Commission Consultative Document and Report which led eventually to the LRA 2002, which mention all of the problems with the LRA 1925. Of course, to see if those have been adequately solved you also need to look at later case law.