DOCSLIB.ORG

Land Registration, Conveyancing and Property Markets: the Edwards Report, June 2001 by Andrew Edwards

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Land Registration, Conveyancing and Property Markets: the Edwards Report, June 2001 by Andrew Edwards Land Registration, Conveyancing and Property Markets: The Edwards Report, June 2001 by Andrew Edwards A Report published by the Lord Chancellor on 26 June makes far-reaching proposals for completing the Land Register, registration of leases, electronic property searches, certificates, deeds, transfers and settlements, re-engineering of the national processes for buying and selling houses, promoting transparent property markets, independent adjudication of property disputes, new specialist advisory services and reform of the national bankruptcy index. The Government's new Land Registration Bill offers a basis for implementing many of the proposals. In this article the Report's author, Andrew Edwards, formerly a Deputy Secretary at HM Treasury (and author of the 1998 Report on Financial Regulation in the Crown Dependencies), discusses some of the main issues. INTRODUCTION should remain in the public sector as a Government agency and trading fund The Lord Chancellor's Office and the Land Registry Department with executive to work in many areas in published, on 26 June 2001, my Report on the status, while continuing private sector. Quinquennial Review of the Land Registry. The Report partnership with the was completed in April 2001 but publication was delayed The Report argued that public confidence in land and as a result of the General Election campaign. property ownership (and mortgaging) is a precious possession, which depends on the Registry's unquestioned ability to guarantee titles and make indemnity payments on a no-fault basis. Similarly, resolution of the many disputes surrounding property depends on the Registry's visible impartiality. No private sector the Report argued, be able The Report formed part of the Government's on-going organisation would realistically, trust and confidence. In addition, programme of Quinquennial Reviews of smaller to command similar whole or parts of the Registry would Government Departments and Agencies. It was, however, privatisation of the be such a demanding and controversial project that the more fundamental and far-reachingo than most such legislation and the Registry's strategic reviews. Although it considered in some depth various Government's new set back by years. options for restructuring and privatising the Land programme could be Registry's services, its principal focus was on what the With regard to the other recommendations, the Lord services themselves should be, how they should be Chancellor noted that while some of them were consistent developed over the present decade and what with programmes of reform already under way, others accompanying changes might be made in national systems, were more radical and wide-ranging. He has therefore especially for property transfers and market transparency. asked officials from the Lord Chancellor's Department, the Land Registry and other interested Government THE GOVERNMENT'S INTERIM RESPONSE Departments to examine the recommendations carefully In publishing the Report, the Lord Chancellor explicitly with a view to publishing a detailed plan in the autumn on endorsed the recommendation that the Land Registry how best to take them forward. 19 Amicus Curiae Issue 36 August 2001 NEW LEGISLATION three and eliminate delays between completion and registration. At about the same time as the Report was published, the o Government introduced a new Land Registration Bill to (5) Promoting transparent property and mortgage markets replace the Land Registration Act 1925. The House of Lords through publication, with the Valuation Office and gave the Bill a second reading on 3 July. others, of much enhanced market information. This important Bill will modernise, improve and clarify (6) An independent Land Registry Adjudicator to deal with issues the law on land registration and ownership. It will also such as boundary and adverse possession disputes. open the way for implementing electronic conveyancing (7) A new self-financing Advisory Service largely staffed by and, if the Government so decides, many of the other part-time former employees and working with the reforms discussed in the Report. private sector, for international consultancy, specialist issues of registration and title, preparation of title plans, STRATEGIC OBJECTIVE advice for lay e-conveyancers, and historical research. The Report congratulates the Land Registry for having developed over many years a robust and trusted national TIMETABLE system for land registration, ownership and transfers. The The proposed programme includes provisional target dates Registry has, it suggests, successfully brought together for delivery of each of the main elements as follows: some of the best traditions of public service, disputes Delivery by 2003 of a fully electronic Register, many resolution and adjudication. elements in e-conveyancing, a Joint Property Market The strategic objective, it suggests, should be to develop, Charter, coverage of all new and assigned leases above promote and maintain world-class systems for three years, enhanced mapping facilities, new property guaranteeing ownership of land, for buying, selling, leasing market publications, an independent adjudication and mortgaging of property in England and Wales, and for service and new advisory services. resolution of disputes, within a framework of transparent Delivery by 2005 of full e-conveyancing accompanied by land and property markets. re-engineering of the national property market In my opinion, the new Bill and the Report, between transaction processes as discussed above. them, provide an exciting opportunity to achieve just this. Deliveries by 2010 oja Register with complete national coverage and title plans mostly digitised. A PROGRAMME FOR THE DECADE With the delay in publication of the Report, some of the The Report proposes a challenging strategic programme target dates for the earlier part of the programme may now for the Registry with other Departments over the present need to be revisited. decade, built around seven main strategic objectives or 'pillars' (see figure 1 at end of article): RESOURCES (1) A new Bill, in place of the Land Registration Act 1925, to The Report estimates that on present projections the Registry should be able to deliver the suggested prepare the way for ownership and transfers by o J oo programme within existing levels of around 7,800 registration and to strengthen the legal framework in r o o ' o o o permanent full-time-equivalent staff excluding overtime. various areas. (2) Completion by 2010 of the Register's geographical MAIN ELEMENTS OF THE PROGRAMME coverage, registration from 2003 of new and assigned The following paragraphs discuss the main elements of leases above three years, enhanced information on the programme and some related proposals. I hope this ownership, mortgages and financial transactions, and may facilitate public discussion of these important matters. enhanced mapping. (3) A fully electronic Register, enabling instant electronic NEW LAND REGISTRATION BILL (PILLAR 1) access to up to date property information, including As discussed above, the Government has already now one-stop comprehensive searches through the introduced a new Land Registration Bill to replace the National Land Information System, NLIS. present Birkenhead Statute, dating from 1925. (4) E-conveyancing, including electronic lodgement of The new Bill seems substantially to fulfil the hope expressed applications, electronic certificates and deeds, in the Report that the Government should introduce new electronic settlement (if possible) of payments due on world-class legislation, with increased rule-making powers, completion, and re-engineering by Government and covering the important points on registration, adverse practitioner bodies in a new Joint Property Market possession, overriding interests and notices discussed in the Charter Forum of the national processes for buying 1998 Consultative Paper, Land Registration Jor the Twenty First and selling houses, designed to reduce delays between Century, and to the extent possible the other statutory 20 handshake and contract from eight weeks to around requirements identified in the Review. Amicus Curiae Issue 36 August 2001 COMPLETING AND EXTENDING THE stating what the legal owners have declared about true or REGISTER (PILLAR 2) beneficial ownership where this differs from legal ownership. enforcement or other relevant authorities The Report proposes for the first time a timetable for Where the law are compelling reasons for confidentiality, completing the geographical coverage of the Land advise that there would normally hold such information in Register. It sets out the reasons why this should receive the Registry it on the Register. considerable priority. confidence instead of placing that the form of the notices and The target of achieving complete geographical coverage The Report emphasises of the change would require careful by spring 2010 is likely to require deployment of around the handling and consultation. The Registry would not, it 600 extra staff on average over a period of eight years in consideration truth of such declarations. addition to those who already work on first registrations. suggests, guarantee the decides to pursue mis course, Some 17 million titles are now registered. Those If the Government would be needed. The Report sees a unregistered may be five million or more (that is, some 20 statutory provisions the issue alongside any international to 25 per cent of the total). These are believed to consist case for considering
Load more

Recommended publications
  • 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.
    [Show full text]
  • 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.
    [Show full text]
  • 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.
    [Show full text]
  • 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
    [Show full text]
  • SJC: Land Registration Not a Factor in Right-Of-Way Dispute Key Ruling Continues Court’S ‘Balanced’ Approach to Easement Law
    Established 1872 Reprinted from the issue of March 10th, 2014 www.BankerandTradesman.com T HE R EAL E S T A T E , B ANKING AND C OMME rc IAL W EEKLY FO R M ASSA C HUSE tt S A PUBLICATION OF THE WARREN GROUP PROPERTY LAW SJC: Land Registration Not A Factor In Right-Of-Way Dispute Key Ruling Continues Court’s ‘Balanced’ Approach To Easement Law BY ASHLEY H. BROOKS SPECIAL TO BANKER & TRADESMAN land. dimensions of all easements easement, (b) increase the n a recent major real es- Clifford Martin owns a va- appurtenant to it … are immu- burdens on the owner of the tate law ruling, the Massa- cant lot of registered land table, and Martin has a right of easement in its use and enjoy- Ichusetts Supreme Judicial in an industrial/commercial access over the full width of ment, or (c) frustrate the pur- Court (SJC) extended owners subdivision on the Medford– [the easement].” pose for which the easement of registered land the same Somerville line. The lot has no The SJC disagreed, how- was created.” flexibility frontage on a public way, but ever, and reiterated the Land And even though the dis- that own- is accessible via a right of way Court judge’s finding that pute in Martin v. Simmons ers of un- easement on property owned there is “no principled distinc- Properties involved registered registered by Simmons Properties, which tion between easements on land, the court said: “We dis- land have easement is noted on the cer- registered land and easements cern nothing in the land reg- to defend tificate of registration issued on unrecorded land … ” istration act … to support a easement by the Land Court for Martin’s different understanding of the claims.
    [Show full text]
  • Land Titles Registration Act 2008
    Land Titles Registration Act 2008 SAMOA LAND TITLES REGISTRATION ACT 2008 Arrangement of Provisions PART 1 PRELIMINARY 1. Short title and commencement 2. Interpretation PART 2 ADMINISTRATION 3. Registrar and Assistant Registrar 4. Functions of the Registrar 5. Powers of the Registrar 6. Power to serve notice of proposed action 7. Indemnity of officers PART 3 REGISTER 8. Register 9. Inclusion of land 10. Folios of the Register 11. Change of name of proprietor 12. Manual folio to be considered evidence of title 13. Computer folio to be considered evidence of title PART 4 QUALIFIED FOLIOS OF THE REGISTER 14. Land deemed to be qualified title land 15. Cautions 16. Recording of existing interests 17. Caveat against lapsing of cautions 18. Lapsing of cautions 19. Application of provisions of this Act to qualified folio and land therein PART 5 INSTRUMENTS GENERALLY 20. Execution of instruments 21. Execution of instruments by agent 22. Seal of corporation substituted for signature 23. Unregistrable instruments 24. Multiple ownership 25. Certificate of correctness PART 6 REGISTRATION 26. Lodgment and registration of documents 27. Transactions effecting the subdivision of land 28. Registrar may require plan 29. Recording of instruments 30. Treatment of instruments that do not comply with requirements PART 7 EFFECT OF REGISTRATION 31. Instruments not effectual until recorded in the Register 32. Estate of registered proprietor paramount 33. Purchaser from registered proprietor not to be affected with notice 34. Registered proprietor suing for specific performance 35. Bona fide purchasers and mortgagees protected PART 8 INSTRUMENTS Division 1 – Transfers 36. Transfers 37. Interest and rights of transferor to pass to transferee 38.
    [Show full text]
  • Lease of Land for the Construction and Sale of Residential [And Commercial] Units on Land at [ ]
    Lease of land for the construction and sale of residential [and commercial] units on land at [ ] Dated The Mayor and Burgesses of the London Borough of Tower Hamlets (Landlord) [ ] (Tenant) [ ] (Surety)] Contents 1 DEFINITIONS .................................................................................................. 5 2 INTERPRETATION ....................................................................................... 13 3 DEMISE AND PRICE ................................................................................... 14 9 TRANSFER OF OPEN SPACE LAND ...................................................... 15 5 TRANSFER ETC OF COMMON SERVICES AND HIGHWAYS ........... 15 12 GENERAL PROVISIONS RELATING TO TRANSFERS ....................... 15 7 DEVELOPER'S FURTHER COVENANTS ............................................... 15 8 AGENCY'S [FURTHER] COVENANTS ....................................................... 21 11 FORFEITURE ETC. ...................................................................................... 23 11 AGENCY’S RIGHTS FOLLOWING MATERIAL BREACH OF THIS LEASE............................................................................................................. 24 21 DISPUTES...................................................................................................... 25 15 NOTICES ETC ............................................................................................... 26 16 THE AGENCY'S POWERS AND LIABILITY ............................................ 27 17 VALUE ADDED TAX ...................................................................................
    [Show full text]
  • Real Estate Law in Canada
    ICLG The International Comparative Legal Guide to: Real Estate 2015 10th Edition A practical cross-border insight into real estate law Published by Global Legal Group, with contributions from: Advokatfirman Vinge Herbert Smith Freehills LLP Ali Budiardjo, Nugroho, Reksodiputro Hogan Lovells Andreas Neocleous & Co LLC KG Law Firm Austen-Peters & Co. Law Office Lacmanović Balčiūnas & Grajauskas Marval, O’Farrell & Mairal Başpınar & Partners Law Firm McCann FitzGerald Capital Legal Services Miranda & Amado Debarliev, Dameski & Kelesoska Attorneys at Law Nishimura & Asahi Demarest Advogados Odvetniki Šelih & partnerji, o.p., d.o.o. Dittmar & Indrenius Osler, Hoskin & Harcourt LLP Ferraiuoli LLC Pachiu & Associates Figueroa, Illanes, Huidobro and Salamanca Petrikić & Partneri AOD in cooperation with Gide Loyrette Nouel A.A.R.P.I. CMS Reich-Rohrwig Hainz Gorrissen Federspiel Portilla Ruy-Diaz y Aguilar, S.C. Greenberg Traurig, LLP Schellenberg Wittmer Ltd Gürlich & Co. Vasil Kisil & Partners Haxhia & Hajdari Attorneys at Law Ziv Lev & Co. Law Office The International Comparative Legal Guide to: Real Estate 2015 General Chapter: 1 The AIFMD and the Real Estate Sector: An Update – Scott Cochrane & Nish Dissanayake, Herbert Smith Freehills LLP 1 Country Question and Answer Chapters: Contributing Editor Michelle Howie, 2 Albania Haxhia & Hajdari Attorneys at Law: Isuf Haxhiu & Elvina Haxhiaj 7 Herbert Smith Freehills LLP 3 Argentina Marval, O’Farrell & Mairal: Santiago Carregal & Diego A. Chighizola 17 Head of Business Development 4 Australia Herbert
    [Show full text]
  • Land Registration Act
    LAWS OF KENYA LAND REGISTRATION ACT CHAPTER 300 Revised Edition 2012 Published by the National Council for Law Reporting with the Authority of the Attorney-General www.kenyalaw.org [Rev. 2012] CAP. 300 Land Registration CHAPTER 300 LAND REGISTRATION ACT ARRANGEMENT OF SECTIONS PART I – PRELIMINARY Section 1. Short title. 2. Interpretation. 3. Application. 4. Limitation of application. 5. Conflict with other laws. PART II – ORGANISATION AND ADMINISTRATION Land Register, Land Registries and Offices 6. Registration units. 7. Land registry. 8. Community Land Register. 9. Maintenance of documents. 10. Public access to the register. 11. Seal of Registry. 12. Appointment of officers. 13. Qualifications for appointment of Chief Land Registrar. 14. General powers of Land Registrars of Titles. 15. Cadastral map. Maps, Parcels and Boundaries 16. Power to alter boundary lines and to prepare new editions. 17. Approval for further surveys. 18. Boundaries. 19. Fixed boundaries. 20. Maintenance of boundaries. 21. Interference with boundary features. 22. Combinations and subdivisions. 23. Reparcellation. Effect of Registration 24. Interest conferred by registration. 25. Rights of a proprietor. 26. Certificate of title to held as conclusive evidence of proprietorship. 27. Transfer without valuable consideration. 28. Overriding interests. 29. Actual notice. L9 - 3 [Issue 1] CAP. 300 [Rev. 2012] Land Registration Certificates of Title, Certificates of Lease and Searches Section 30. Certificate of title and Certificate of lease. 31. Production of certificates. 32. Dispositions of leases and charges. 33. Lost or destroyed certificates and registers. 34. Searches and copies. 35. Evidence. PART III – DISPOSITION AFFECTING LAND General Principles 36. Dispositions and dealings affecting private land.
    [Show full text]
  • Bulletin 2001-1 Condominium Act, 1998
    BULLETIN NO. 2001-1 Land Titles Act Registry Act @ Ontario , DATE: May 4,2001 1 I I Ministry of Consumer Condominium Act, 1998 and Business Services TO: All Land Registrars Registration Division Title and Survey Services Office I. INTRODUCTION The Condominium Act, 1998 is the culmination of many years of consultation to reform the existing legislation. The new Act will provide for increased consumer protection through more detailed disclosure requirements prior to the sale of a condominium, mandatory post construction audits of the common elements after registration of the condominium project and ongoing reserve fund studies to ensure adequate funding is available for repairs throughout the life of the condominium. In addition to the increased consumer protection, the new Act will introduce new forms of condominium ownership. These new forms will allow the industry to address a variety of consumer needs by allowing freehold and leasehold condominiums. Beyond the standard condominium type now in existence, the new forms of freehold condominiums will encompass vacant land condominiums, common element condominiums, amalgamation and phasing of standard condominiums. Standard condominiums can also be constructed on leasehold lands. The provisions of this Bulletin are effective as of May 5, 2001, being the date the Condominium Act, 1998 (new Act) comes into force. A series of Regulations under the new Act - 0. Reg. 48/01, 49/01, 50101, 51/01 and 52/01 have been filed and are available on the MCBS Internet site - WWW. ccr. EOV. on.ca. In summary the types of condominiums in the new Act are: 1. Standard Condominiums Standard Condominiums will be entitled - '(LRO Division) Standard Condominium Corporation (Plan) No.
    [Show full text]
  • Study on Key Aspects of Land Registration and Cadastral Legislation Part 1 of 2
    Study on Key Aspects of Land R on Key Study Study on Key Aspects of Land Registration and Cadastral Legislation Part 1 of 2 egistration and Cadastral Legislationegistration 1 Part Sponsored, printed and published by: HM Land Registry 32 Lincoln’s Inn Fields LONDON WC2A 3PH United Kingdom Tel (++44) 020 7917 8888 ext. 4505 On behalf of: United Nations Economic Commission for Europe Committee on Human Settlements Working Party on Land Administration Palais des Nations Printed and published on behalf of UNECE Working Party on 8-10 Avenue de la Paix 1211 GENEVA Land Administration by Her Majesty’s Land Registry London Switzerland May 2000 Tel (++41) 22 917 2374 CONTENTS OF THIS STUDY REPORT PART 1 Page Preface 3 A list of the 36 Countries (and 43 jurisdictions) responding to the questionnaire 5 Topics covered in the study and the Key definitions 7 A commentary on the results of the study 9 Snapshots from country responses Graphic summaries of key questions 35 Contact addresses of those responding 37 Contact addresses of UNECE WPLA Bureau officials 45 Annex 1 Indicating country answers categorised by individual question 47 PART 2 Annex 2 Indicating answers categorised by country 1 2 PREFACE The Working Party on Land Administration (the former Meeting of Officials on Land Administration) of the United Nations Economic Commission for Europe (UN-ECE) decided to prepare a study on key aspects of land registration and cadastral legislation in the ECE countries, as part of its programme of work for 1999-2002 (HBP/WP.7/1999/2, Annex IV). Following representations made by member states UNECE identified the need to assist in this area by identifying actual legislative practice.
    [Show full text]
  • What Would Title Registration Bring to a Deeds System with High Quality
    Presented at the FIG WorkingWhat Week 2019, Would Title Registration April 22-26, 2019 in BringHanoi, Vietnam to a Deeds System with High Quality Land Information? Prof. dr. Jaap Zevenbergen, MSc, LLM Prof. dr. Hendrik Ploeger, LLM (TU Delft) FIG Working Week 2019 Hanoi, 23 April 2019 Land Registration ▪ types of transaction evidence ▪ (Oral agreement) ▪ Private conveyancing ▪ Registration of deeds ▪ Registration of title (Larrson 1991) The four basic principles* a. The booking or register principle b. The consent principle c. The principle of publicity d. The principle of speciality *despite differences between systems (e.g. deeds or title) Registration of Deeds ▪ public repository of documents (deeds mortgages, survey plans) ▪ elements ▪ logging of time ▪ indexing of instrument ▪ archiving of document or copy ▪ deed does not in itself prove title, it is just a record of an isolated transaction Registration of Deeds ▪ core principles (compared to private conveyancing) ▪ security ▪ evidence ▪ notice and priority ▪ legal documents are registered, not title to a property Registration of Title ▪ overcome defects of registration of deeds ▪ simplify process of transaction ▪ the register describes current property ownership and charges/liens ▪ compulsory, examination, warranty ▪ register becomes ‘proof of ownership’ ▪ > rudimentary deeds reg. of 19th cent. Title Registration System ▪ Often associated with three principles: ▪ Mirror ▪ Curtain ▪ Insurance Registration of Title ▪ Critique: ▪ expensive and cumbersome to implement (and for government
    [Show full text]