Study on Key Aspects of Land Registration and Cadastral Legislation Part 1 of 2
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Mason's Minnesota Statutes 1927
1940 Supplement To Mason's Minnesota Statutes 1927 (1927 to 1940) (Superseding Mason s 1931, 1934, 1936 and 1938 Supplements) Containing the text of the acts of the 1929, 1931, 1933, 1935, 1937 and 1939 General Sessions, and the 1933-34,1935-36, 1936 and 1937 Special Sessions of the Legislature, both new and amendatory, and notes showing repeals, together with annotations from the various courts, state and federal, and the opinions of the Attorney General, construing the constitution, statutes, charters and court rules of Minnesota together with digest of all common law decisions. Edited by William H. Mason Assisted by The Publisher's Editorial Staff MASON PUBLISHING CO. SAINT PAUL, MINNESOTA 1940 CH. 64—PLATS §8249 street on a street plat made by and adopted by the plat, or any officer, department, board or bureau of commission. The city council may, however, accept the municipality, may present to the district court a any street not shown on or not corresponding with a petition, duly verified, setting forth that such decision street on an approved subdivision plat or an approved is illegal, in whole or in part, specifying the grounds street plat, provided the ordinance accepting such of the Illegality. Such petition must be presented to street be first submitted to the planning commission the court within thirty days after the filing of the deci- for its approval and, if approved by the commission, sion in the office of the planning commission. be enacted or passed by not less than a majority of Upon the presentation of such petition, the court the entire membership of the council, or, if disapproved may allow a writ of certiorari directed to the planning by the commission, be enacted or passed by not less commission to review such decision of the planning than two-thirds of the entire membership of the city commission and shall prescribe therein the time within council. -
Adverse Possession and the Transmissibility of Possessory Rights – the Dark Side of Land Registration? Mark Pawlowski* *Barris
Adverse Possession and the Transmissibility of Possessory Rights – The Dark Side of Land Registration? Mark Pawlowski* *Barrister, Professor of Property Law, Scholl of Law, University of Greenwich James Brown** **Barrister, Senior Lecturer in Law, Aston University It is trite law that, if unregistered land is adversely possessed for a period of 12 years, the title of the paper owner is automatically barred under s.15 of the Limitation Act 1980. Where the land is registered, however, there is no automatic barring of title by adverse possession1 – instead, after being in adverse possession for a minimum of 10 years,2 the adverse possessor can apply to be registered as the proprietor in place of the registered proprietor of the land.3 Upon receipt of such an application, the Land Registry is obliged to notify various persons interested in the land, including the registered proprietor.4 Those persons then have 65 business days5 within which to object to the registration6 and, in the absence of any objection, the adverse possessor is entitled to be registered as the new proprietor of the land. 7 In these circumstances, the registered proprietor is assumed to have abandoned the land. If, on the other hand, there is an objection, the possessor will not be registered as the proprietor unless he falls within one of the three exceptional grounds listed in paragraph 5, Schedule 6 to the Land Registration Act 2002, where: (1) it would be unconscionable for the registered proprietor to object to the application; (2) the adverse possessor is otherwise entitled to the land; or (3) if the possessor is the owner of adjacent property and has been in adverse possession of the subject land under the mistaken, but reasonable belief, that he is its owner. -
WB. 2005. Gender Issues and Best
Gender Issues and Best Practices in Land Administration Projects A Synthesis Report June 2005 Prepared for Gender and Rural Development Thematic Group (PREM/ARD) and the Land Policy and Administration Thematic Group (ARD) of The World Bank Table of Contents Acknowledgments v Acronyms vii Executive summary ix •Why does gender matter in land projects? ix • Priority gender issues in land administration projects x 1. Introduction 1 2. Why does gender matter for land policy? Theory and evidence 3 • Gendered economic and social benefits of land rights 3 •Regional challenges to gender equity in land policy 5 3. Actors in the struggle to improve women’s land rights 11 • State institutions 11 • Labor organizations 12 •Legal aid organizations 13 • Customary institutions 13 •Women’s organizations 14 • Donor organizations 14 4. Priority gender issues in land administration projects 17 • Intrahousehold legal and customary rights 19 • Identification of property holders 26 • Methodology for gender-disaggregated field assessment of land rights 31 • Adjudication and registration processes 32 • Education, training, and communication 35 iii 5. Lessons learned and recommendations 41 •Legal foundation 41 • Identification of property right holders 42 • Research 42 • Adjudication and registration processes 43 • Education, training, and communication 44 Appendix 1: Summaries of country case studies 47 Appendix 2: Case study methodologies 55 Appendix 3: Sample template for gender-specific baseline social 57 assessment Appendix 4: Sample gender-specific indicators -
Torrens Title in North Carolina - Maybe a Hundred Years Is Long Enough John V
Campbell Law Review Volume 39 Article 3 Issue 2 Spring 2017 2017 Torrens Title in North Carolina - Maybe a Hundred Years Is Long Enough John V. Orth Follow this and additional works at: http://scholarship.law.campbell.edu/clr Recommended Citation John V. Orth, Torrens Title in North Carolina - Maybe a Hundred Years Is Long Enough, 39 Campbell L. Rev. 271 (2017). This Article is brought to you for free and open access by Scholarly Repository @ Campbell University School of Law. It has been accepted for inclusion in Campbell Law Review by an authorized editor of Scholarly Repository @ Campbell University School of Law. Orth: Torrens Title in North Carolina - Maybe a Hundred Years Is Long E Torrens Title in North Carolina-Maybe a Hundred Years Is Long Enough JOHN V. ORTH* For over a century, North Carolina property owners have been offered an alternative to the traditionaldeed and recordingsystem. Title to land may instead be entered in the Torrens system of registered titles. Under the Torrens system, the court determines the state of the title and issues a certificate, which is held in the registry with a copy given to the registered owner. The certificate provides conclusive evidence of ownership and of any liens or encumbrances on the property. Unlike titles evidenced by deeds, Torrens titles are not subject to loss by adverse possession, and transfer of a Torrens title is a simple process of changing the certificate in the registry and issuing a new certificate. A darling of Progressive law reformers in the late nineteenth and early twentieth centuries, nineteen states eventually adopted the Torrens system, although many later had second thoughts and abandonedthe system. -
The Condominium Act
REPUBLIC ACT NO. 4726 AN ACT TO DEFINE CONDOMINIM, ESTABLISH REQURIEMENTS FOR ITS CREATION, AND GOVERN ITS INCIDNETS SECTION 1. The short title of this Act shall be The Condominium Act. SECTION 2. A condominium is an interest in real property consisting of a separate interest in a unit in a residential, industrial or commercial building and an undivided interest in common directly or indirectly, in the land which it is located and in other common areas of the building. A condominium may include, in addition, a separate interest in other portions of such real property. Title to the common areas, including the land, or the appurtenant interests in such areas, may be held by a corporation specially formed for the purpose (hereinafter known as the condominium corporation) in which the holders of separate interests shall automatically be members or share−holders, to the exclusion of others, in proportion to the appurtenant interest of their respective units in the common areas. The interests in condominium may be ownership or any other interest in real property recognized by the law of property in the Civil Code and other pertinent laws. SECTION 3. As used in this Act, unless the context otherwise requires: a. Condominium means a condominium as defined in the next preceding section. b. Unit means a part of the condominium project intended for any type of independent use or ownership, including one or more rooms or spaces located in one or more floors (or part or parts of floors) in a building or buildings and such accessories as may be appended thereto. -
Comparison of Deeds Registration and Title Registration
LC Paper No. CB(1)1357/02-03(02) Bills Committee on Land Titles Bill Comparison of Deeds Registration and Title Registration Introduction This paper provides: (a) a table comparing the main features of the current deeds registration system with those of the proposed title registration system; and (b) an outline of the proposed arrangements for parallel running of the two systems. Comparison 2. A table setting out the features of the current deeds registration system and the title registration system proposed under the Land Titles Bill is at the Annex. Parallel Running 3. While there will be two pieces of legislation governing land registration after enactment of the Land Titles Bill, we plan to have only one single administrative system to handle all registrations. Submission of deeds under the Land Registration Ordinance and applications for registration - 2 - under the Land Titles Ordinance will both be made to the same customer service centre of the Land Registry. Each set of documents will then be handled by the Land Registry as required by the ordinance under which it is submitted. 4. There will be a single computerized information system handling all properties irrespective of which ordinance they are registered under. The system will be set up to show clearly which ordinance each particular property is registered under and to provide the supporting information and documents required by that ordinance. The system will serve both the Land Registry and external customers. Internally it will guide Land Registry staff through the correct registration procedures applicable to the property. Externally it will give searchers up to date information on the status of each property. -
A Hybrid System of Land Titles and Deeds Registration As a New Model for Zambia: a Case Study of the Lands and Deeds Registry Lusaka
A hybrid system of Land Titles and Deeds registration as a new model for Zambia: A case study of the Lands and Deeds Registry Lusaka. By Fatima Mandhu Study Leader: Prof. Dr. J. Malan Thesis submitted on 31st October 2014 in fulfillment of the requirements for the degree of Doctor of Philosophy in the Faculty of Law of University of Africa Dedication This thesis is dedicated to my mother, Zulekha Kassam Mandhu, who at the age of ninety- five still remains an inspiration for me. ii Acknowledgement Firstly, I would like to extend special thanks to my study leader, Dr. Kobus Malan without whose constant guidance, cooperation and valuable contribution, this research work would have not been completed. You are not only a great study leader but also a great friend. Secondly, my special thank goes to my family especially my Mum who at the age of ninety- five has an answer for every question and has inspired me to find answers for the research questions posed in this study. Thirdly, I would like to thank the partners and staff of the Law Firm, Solly Patel Hamir and Lawrence who assisted me with the documents, files and information needed to complete the primary research presented in chapter four of the study. Fourthly, no amount of thanking would be sufficient to express my gratitude to the staff at the Lands and Deeds Registry whose cooperation in the collection of data made it possible for me to develop the proposed land recordation and registration model for Zambia. Lastly and most importantly, I shall always be indebted to Mr Kwei Aatta Sakyi whose careful editing and checking of the study has produced a perfect piece of work. -
Lands and Deeds Registry Act
The Laws of Zambia REPUBLIC OF ZAMBIA THE LANDS AND DEEDS REGISTRY ACT CHAPTER 185 OF THE LAWS OF ZAMBIA CHAPTER 185 THE LANDS AND DEEDS REGISTRY ACT THE LANDS AND DEEDS REGISTRY ACT ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. Short title 2. Interpretation PART II REGISTRATION OF DOCUMENTS Copyright Ministry of Legal Affairs, Government of the Republic of Zambia The Laws of Zambia 3. Establishment and constitution of Registry of Deeds 4. Documents required to be registered 5. Times within which registration must be effected 6. Documents to be void for want of registration 7. Priority of documents and date of registration 8. Optional registration of documents not required to be registered 9. Registers to be kept 10. Miscellaneous Register, contents of 11. Correction of errors or omissions in Registers 12. Documents to refer to diagram, plan or description 13. Identity of person presenting document for registration 14. Registrar to be satisfied that all duties have been paid 15. Registration of notarially certified copies 16. Details of registration 17. Copies to be filed consecutively 18. Memorandum of registration to be endorsed on original 19. Evasion of duty by understatement of consideration 20. Translations, if not in English language 21. Registration not to cure defects 22. Registry open for search 23. Official certificates of search 24. Indemnity to officers of Registry 25. Admissibility in evidence of certified copies 26. Procedure to be adopted when certified copy is tendered in evidence 27. Application of Bills of Sale Acts 28. Concessions by chiefs unaffected PART III PROVISIONAL CERTIFICATES AND CERTIFICATES OF TITLE Copyright Ministry of Legal Affairs, Government of the Republic of Zambia The Laws of Zambia 29. -
LAND REGISTRATION for the TWENTY-FIRST CENTURY a Conveyancing Revolution
LAND REGISTRATION FOR THE TWENTY-FIRST CENTURY A Conveyancing Revolution LAND REGISTRATION BILL AND COMMENTARY Laid before Parliament by the Lord High Chancellor pursuant to section 3(2) of the Law Commissions Act 1965 Ordered by The House of Commons to be printed 9 July 2001 LAW COMMISSION H M LAND REGISTRY LAW COM NO 271 LONDON: The Stationery Office HC 114 The Law Commission was set up by section 1 of the Law Commissions Act 1965 for the purpose of promoting the reform of the law. THE COMMISSIONERS ARE: The Honourable Mr Justice Carnwath CVO, Chairman Professor Hugh Beale Mr Stuart Bridge· Professor Martin Partington Judge Alan Wilkie QC The Secretary of the Law Commission is Mr Michael Sayers Her Majesty’s Land Registry, a separate department of government and now an Executive Agency, maintains the land registers for England and Wales and is responsible for delivering all land registration services under the Land Registration Act 1925. The Chief Land Registrar and Chief Executive is Mr Peter Collis The Solicitor to H M Land Registry is Mr Christopher West The terms of this report were agreed on 31 May 2001. The text of this report is available on the Internet at: http://www.lawcom.gov.uk · Mr Stuart Bridge was appointed Law Commissioner with effect from 2 July 2001. The terms of this report were agreed on 31 May 2001, while Mr Charles Harpum was a Law Commissioner. ii LAW COMMISSION HM LAND REGISTRY LAND REGISTRATION FOR THE TWENTY- FIRST CENTURY A Conveyancing Revolution CONTENTS Paragraph Page PART I: THE LAND REGISTRATION BILL AND -
Guidelines on Legal Elements for European Land Register Information
7th Annual Publication GUIDELINES ON LEGAL ELEMENTS FOR LAND REGISTER INFORMATION IN EUROPE Jorge López Summary I. A structure for the registry information II. The part of information related to properties 1. The connecting factor 2. The description of the property 2.1. Descriptions in the ownership title and spatial data 2.2. The description of the properties in land registers: an attempt to find a minimum common denominator 2.3. More criteria for purposes of identification or description III. The part of information related to owners 1. Approach to proprietorship 2. Elements of information on ownership IV. The part of information related to mortgages and encumbrances 1. Kinds of encumbrances 2. Rank or preference between charges V. Other relevant aspects References 1 7th Annual Publication One of the results of IMOLA project is a lot of material on legal aspects of land registration across Europe. The Contact Points of ELRN have made interesting contributions explaining their models and systems. This is an important background, valuable for the mutual understanding in this scope, and can be used and studied to try to understand the complex European situation regarding land registration, from the legal point of view. The aim of this article is to present relevant legal aspects to consider laying down some guidelines for exchanging land register information at a European level, especially considering what the main targets should be: judicial cooperation and conveyancing. I. A structure for the registry information ABC structure for land register information In several Land Register systems of Europe there are practices which allow us to find some commonalities in legal aspects on land register information, as well as what structure may be adequate to deliver the system across Europe for the mentioned purposes of judicial cooperation and conveyancing. -
Registration Form for Paper Submissionsopens in New Window
PAGE 3 OF 4 Instructions for completing the Registration Application Form The Registration Application Form (RAF) is in a type‐able PDF format. If you choose to hand‐write in the information on the form please ensure that it is printed and is legible. SECTION 1 Document type: Select the box next to the document type to indicate the type of document that you are registering. If you select OTHER, you MUST specify the document type. Document Date: This is the date of the execution or drafting of the document that is recorded on the document. If you do not have a document date then leave the field blank. Please Note: (i) When registering a Notice of Mortgage, you must attach a legible written description and affidavit of value, if applicable. You may attach supporting affidavits. • Do not attach the mortgage document, schedules, promissory notes or terms and conditions. (Note: Submitters other than law firms and pre‐authorized filers may be asked by the Registry to attach the full mortgage document.) (ii) When registering a Notice of Release of Mortgage please attach the Release of Mortgage document. (Note: Law firms and other pre‐authorized filers do not attach the Release of Mortgage document.) • Do not complete sections 4 and 5 of the registration application form. • You must complete section 7 which references the document being released. (iii) When registering a Partial Release of Mortgage you must attach the document. • You must Complete Section 4 SECTION 2 Party From Information: Party from includes: mortgagors, vendors, releasors, guarantors and confirmors. Enter the name of the individual or corporation exactly as it appears on the document, this includes middle names and initials. -
Land in the Caribbean
Caribbean Land Policy Network LAND IN THE CARIBBEAN ISSUES OF POLICY, ADMINISTRATION AND MANAGEMENT IN THE ENGLISH- SPEAKING CARIBBEAN Edited by Dr. Allan N. Williams LAND IN THE CARIBBEAN PROCEEDINGS OF A WORKSHOP ON LAND POLICY, ADMINISTRATION AND MANAGEMENT IN THE ENGLISH-SPEAKING CARIBBEAN Edited by Allan Williams Email: [email protected] Special thanks to Jane Dennis for the final editing of this manuscript. All views, interpretations, recommendations, and conclusions expressed in this book are those of the authors and not necessarily those of the supporting or co-operating institutions. Verbatim copying of any part of this book is permitted, in any medium, provided that the copier gives a complete citation of the title, chapter, author and editor of the book, and provided that all copies made remain under these same terms and conditions which are conspicuously published on all copies. Hard copies of this book can be acquired from: Terra Institute 10900 Stanfield Road Blue Mounds, Wisconsin 53517 Email: [email protected] For further information about the Caribbean Land Policy Network, check the web site: www.terrainstitute.org or contact Caribbean Land Policy Network Steering Committee: Chairperson: Andrew Bishop, Commissioner of Land, Guyana (592) 227-2582 (ph) (592) 226-4052 (fx) [email protected] Secretary: Allan N. Williams (868) 624-2142 (ph) [email protected] Manuscript was prepared from digitised copy at the Land Tenure Center, University of Wisconsin-Madison, USA, for publication, October 2003.