EVOLUTION OF LAND RECORDS

Abstract

The increasing atrophy of the copyhold system and the defeat of the Statute of Inrolments by the artifice of Lease and Release, which were noted at the conclusion of Part I of this Paper (viii, 60, 210), gave birth to Private Conveyancing in this form as the means whereby the large majority of dealings in land were being transacted and recorded in England in the early years of the nineteenth century when we resume our story. Concern at the increasing confusion and insecurity of title led to the appointment in 1828 of a Royal Commission to inquire into the Law of England respecting Real Property. In their principal report in 1830 the Commissioners concentrated on two main issues: (i) the gross defects of the prevailing methods of land transfer and (ii) the pressing need to establish “a General Registry of Deeds and Instruments relating to Land”. It is impossible to summarize their findings under (i), but they may be exemplified by an extract commenting on “the most important evil (that of) insecurity of title”. “It is obvious,” they said, (“that with regard to all future interests, the presumption of title arising from possession is out of the question. As to title deeds; the possession of them is never conclusive, and in many cases it cannot be had.” Regarding (ii) they said: “This has appeared to us to exceed in magnitude and importance all the other subjects within the scope of our Commission; … and we have found it to be so connected with almost every part of the Law of Real Property, that the nature and details of any improvements to be proposed by us, must greatly depend on the question whether all Deeds and Instruments affecting the Title to Land shall be registered, or whether the security of title is still to rest on other expedients.”