Part of Land Registration Bill [Lords] – in a Public Bill Committee at 11:45 am on 11 December 2001.
In clause 11 we are dealing with the effects of first registration—the clause addresses freehold estates. On Second Reading, I raised problems with that and perhaps they can be raised again. I recognise, however, that it may only be appropriate to table amendments later. I flag that up now so that the Minister can give it consideration.
I want to raise two types of cases relating to first registration. The first is where physical boundaries do not fit in with deeds and plans. During the previous sitting, the Minister accepted that that often occurs when new estates are built and a first registration is made. The problem is that it may not initially be discovered that physical boundaries—fences, for example—deviate from the deeds and the plan that have been deposited with the Land Registry. Later, the owner may want to build, say, a garage and could discover that he does not have the amount of land that he believed he had. If that problem arises, the courts may judge that the owner purchased what he saw, rather than what had been recorded in the deeds and detailed by the Land Registry. The registry may even be able to provide evidence of the deviation, but the court's judgment could still be that the individual had purchased what he had seen.
Should we not do something to add to the power of the Land Registry, so that that which is recorded in the deeds would emerge through the court system? When most people get their deeds, they think that that is it and that the deeds cannot be overridden by court decisions, but I know of cases where just that has happened. Amendments dealing with that could be tabled to clause 60, which deals with boundaries. If the Minister gives that his attention, he could probably draft a better-worded amendment than I could.
The second problem relating to first registration is cross deeds. Many complexities exist in new estates. For example, the first person to purchase a property may share access to it, such as a pathway, which may not be recorded in later deeds. I accept that if we move towards electronic conveyancing, we may be able to alert the Land Registry, when it records details, that it is in danger of registering cross deeds, but once they are registered legal difficulties may be faced in trying to correct the situation. Perhaps debate on clause 61 will be an appropriate time to discuss that.