영국에서 시행 중인 부동산 등기제도의 도입과정에 관한 연구

Study on Introduction to Registration System in England and Wales

The roman concepts of ownership (dominium) and possession(possessio) do not accurately fit early common law notions of property, which mostly revolved around the concept of seisin. In essence, seisin at common law was understood as a right or interest to the actual and peaceful enjoyment, occupancy, and control of immovable property. In time, the term seisin acquired a narrower, more technical meaning, as it came to be used specifically in the field of immovable property to denote the legal nature of the interest held in a freehold estate, an estate in land to be held for an uncertain period of time such as a fee simple absolute, a fee tail, or a life estate. Unlike a freehold estate, a nonfreehold estate was characterized by limited duration, such as a term for years, periodic tenancy, tenancy at sufferance, and tenancy at will. In practice the most important group of rules developed by equity are the rules of trusts (earlier called uses ). As early as the fourteenth centuries it had become normal for a vassal who wanted to avoid the feudal burdens attaching to land to transfer to a trustee the land he held of his superior. Control over the granting of uses was first attempted under the statute of uses of 1535, which was designed primarily to restore to the crown the feudal revenues that were lost through the undisclosed transfer of the use of land. Henry ⅤⅢ forced Parliament to pass the statute of inrollments later that same year. Although the statute of inrollments could well be regarded as a remote antecedent of a workable recording system for England, the publicity of land transactions faced much opposition from the landed aristocracy, who cleverly and successfully conspired with the aid of their solicitors to evade the recordation requirement. The Land Registry Act, 1862 was the first attempt to introduce registration system. But The statute failed because of a voluntary basis in registration. The 1925 legislation laid the foundation of the present-day system of land law. It comprised six statutes. The four most concerned with land law are the Law of Property Act, the Settled Land Act, the Land Charges Act and the Land Registration Act. The Land Charges Act 1925 has been replaced by the Land Charges Act 1972. The reforms effected by the legislation were sweeping, including the eventual registration of title to all land by the Land Registration Act 1925 and an entirely new system of conveyancing with registration of titles to land. The Land Registration Act 2002 extends registrable estates and interests considerably and provides for eventual electronic conveyancing.