LAND REGISTRATION SYSTEMS

1. LAND REGISTRATION SYSTEMS • Many types based on legal, organisational, procedural and information management distinctions. • From legal perspective – deed registration and title registration. • In reality many variations between the two. • Therefore it is important to consider the needs and conditions within a particular jurisdiction.

2. TITLE REGISTRATION - HISTORY • Most early property recording systems based on deeds. • However title registration in parts of German Europe from 7th century. • Title registration began in Australia (Torrens) and England in 1850’s. • Systems have gradually spread to other countries around the world.

3. TITLE REGISTRATION PRINCIPLES 1. • No need to go behind the Register. • Bona fide purchaser for value acquires indefeasible right regardless of prior title.

4. TITLE REGISTRATION PRINCIPLES 2. • 1. Curtain principle – take register at face value – no need to go behind. • 2. Mirror principle – Register should reflect true state of title with all facts. • 3. Insurance principle – compensation if loss suffered due to system (not always adopted).

5. TITLE REGISTRATION – DIFFERENCES 1. • The English Group: England, Ireland, Scotland, some Canadian provinces, Nigeria. • The German/Swiss Group: Germany, Austria, Egypt, Turkey, Sweden, Denmark. • The Torrens Group: Australia, New Zealand, some provinces of Canada, some parts of USA, Morocco, Tunisia, Syria

6. TITLE REGISTRATION – DIFFERENCES 2. A better attempt to categorize title registration systems on more realistic points would be: • whether or not registration carries a state guarantee and indemnity; • whether rectification of the registration on ground of error, fraud or adverse possession is allowable; • on differences in maps and survey and in the methods of initial compilation.

7. TITLE REGISTRATION – DIFFERENCES 3. The mapping/surveying aspect differs between the 3 groups i.e. • the English group makes use of large scale ordnance survey maps, • the German group of parcel-based cadastral maps, and • the Torrens group makes use in principle of incidental survey plans.

8. TITLE REGISTRATION - EVOLUTION Existing systems and differences not static but subject to major reviews and changes – e.g. – • England – English Law Commission Report 271 – Land Registration for The Twenty-First Century 2001- Land Registration Act 2002 • Scotland – Scottish Law Commission – Report on Land Registration - February 2010 – Draft Law • New Zealand – New Zealand Law Commission –Review of the Land Transfer Act 1952 – October 2008

9. TITLE BY REGISTRATION • Title rests on the act of the Registrar in registering a document rather than the act of the party executing the document. • It is not the parties who effectively transfer the land, but a State official acting under statutory authority, and in some circumstances more fully than the parties could.

10. EFFECT OF REGISTRATION • Validity. A document is not effective to pass an interest until it is registered. On registration an “indefeasible interest “ is created. • Priority. As between registered dealings priority is governed by order of registration, not by date of execution. Order of registration is determined by order of lodgment for registration

11. INDEFEASIBILITY • “Indefeasible title” is a title that cannot be set aside on the ground of a defect existing in the title before the interest was registered. • The proprietor holds subject only to interests noted in the register and “overriding interests”. • Fraud by the registered proprietor abrogates the principle • However the concept of indefeasibility varies – it may be “immediate” or “deferred”.

12. OVERRIDING INTERESTS • These are rights which do not appear on the register but will nonetheless bind any purchaser. • Usually specified in the registration law. • Adverse possession may apply.

13. UNREGISTERED INTERESTS • Unregistered dealings with land may be protected prior to registration by systems of caveats or notices which allow priority to be maintained.

14. STATE GUARANTEE & INDEMNITY • Guarantee is of either the land or monetary compensation. • Guarantee does not apply to boundaries. • Indemnity is the way of compensating an innocent victim who suffers from reliance on the register. • Compensation may be sourced from special fund, consolidated revenue or private title insurance. • Not provided in some systems.

15. COMPILATION OF REGISTER • Voluntary conversion • Compulsory transaction based conversion • Compulsory transaction based conversion on an area by area basis • Systematic conversion • Qualified or provisional title • Automatic conversion

16. MAPPING/SURVEYING ASPECTS • A key characteristic of title registration is the clear, unambiguous definition of a land parcel. • But surveying and mapping of parcel boundaries can be undertaken with cheap, cost-effective methods, rather than expensive high precision methods. • For registry index maps completeness and currency are more important than accuracy.

17. TITLE REGISTRATION FEATURES 1. • Land register is a record of all interests in individual land parcels. • Simple pro forma documents used for transactions with land. • Documents are checked for validity • Registered by a recording in land register. • Certificate of title may be issued. • Documents are archived. • Check of title by current details in register. • Land register supported by cadastral maps. • Title search based on location of land.

18. TITLE REGISTRATION FEATURES 2. Form of the register ( generally common to all jurisdictions) – • The property (description of the land and the estate). • The proprietor (names, address and descriptions of registered proprietors) • The other rights and interests (mortgages, leases, easements, restrictive covenants).

19. TITLE REGISTRATION FEATURES 3.

20. TITLE REGISTRATION FEATURES 4.