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Working Party on Land Administration

Explore legal issues and practical considerations in building a reliable land registration system to support a country's social and economic needs. Topics include land rights, creation of new rights, agreements, adjudication, and registration updates. Benefit from expert insights and case studies.

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Working Party on Land Administration

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  1. Athens Workshop May 28 - 31 2003 • Theme 2 Legal Issues • ‘Building a Land Registration System to support • the Social and Economic needs of a country’ • John Manthorpe • Advisor to HM Land Registry former Chief Land Registrar for England and Wales Working Party on Land Administration

  2. Theme 2 Legal Issues - Topics for discussion

  3. Land - Land Rights - Holders of Rights Land Rights deed Holders of Land Rights L a n d a n d P r o p e r t y

  4. Creating new rights in land Agreement Search of land register* Agreement Purchase, Loan or other right Contract Adjudication* Registration* Updated Land Register*

  5. “Suddenly we have to realise what land registration in a modern society means - what it means in a market economy. In the West the land registry is an important instrument for the protection of owners . . . . . Land Registration made it possible for land and real estate transactions to be executed in a reliable way. Private investments in real estate are very big, the amounts that are borrowed yearly are enormous and it is impossible to imagine how the economy in Western Europe would work without these transactions. All this private financial activity is only possible because a reliable land registration system exists based on legislation that gives private investors maximum protection.” J van Hemert 1993

  6. Characteristics of a good land registration system

  7. Land Laws - What they Need to do • Define legal forms of tenure • Distinguish between real and personal property • Distinguish between ownership, possession and use • Establish a public Land Registry • Indicate registrable rights less than ownership • Define how rights can mature • Define rules for original adjudication • Establish systems for land transfer

  8. A framework of practical Laws

  9. Visible impartiality A framework of practical Laws

  10. Visible impartiality Government Agency A framework of practical Laws

  11. Visible impartiality Government Agency Financial freedom A framework of practical Laws

  12. Guaranteed register Visible impartiality Government Agency Financial freedom A framework of practical Laws

  13. Compensation paid for errors Guaranteed register Visible impartiality Government Agency Financial freedom A framework of practical Laws

  14. Compensation paid for errors Guaranteed register Clear Organisation Visible impartiality Government Agency Financial freedom A framework of practical Laws

  15. Compensation paid for errors Guaranteed register Clear Organisation Affordable fees Visible impartiality Government Agency Financial freedom A framework of practical Laws

  16. Responsive to customer needs Compensation paid for errors Guaranteed register Clear Organisation Affordable fees Visible impartiality Government Agency Financial freedom A framework of practical Laws

  17. Responsive to customer needs Compensation paid for errors Delegated authority Guaranteed register Clear Organisation Affordable fees Visible impartiality Government Agency Financial freedom A framework of practical Laws

  18. Responsive to customer needs Trained and expert staff Compensation paid for errors Delegated authority Guaranteed register Clear Organisation Affordable fees Visible impartiality Government Agency Financial freedom A framework of practical Laws

  19. Good mapping records Responsive to customer needs Trained and expert staff Compensation paid for errors Delegated authority Guaranteed register Clear Organisation Affordable fees Visible impartiality Government Agency Financial freedom A framework of practical Laws

  20. Simple procedures Good mapping records Responsive to customer needs Trained and expert staff Compensation paid for errors Delegated authority Guaranteed register Clear Organisation Affordable fees Visible impartiality Government Agency Financial freedom A framework of practical Laws

  21. Simple procedures Good mapping records Good staff/ management relations Responsive to customer needs Trained and expert staff Compensation paid for errors Delegated authority Guaranteed register Clear Organisation Affordable fees Visible impartiality Government Agency Financial freedom A framework of practical Laws

  22. Simple procedures Good mapping records Good staff/ management relations Responsive to customer needs Trained and expert staff Compensation paid for errors Delegated authority Computer based systems Guaranteed register Clear Organisation Affordable fees Visible impartiality Government Agency Financial freedom A framework of practical Laws

  23. Simple procedures Good mapping records Good staff/ management relations Responsive to customer needs Trained and expert staff Accurate accessible information Compensation paid for errors Delegated authority Computer based systems Guaranteed register Clear Organisation Affordable fees Visible impartiality Government Agency Financial freedom A framework of practical Laws

  24. Simple procedures Quick Service Good mapping records Good staff/ management relations Responsive to customer needs Trained and expert staff Accurate accessible information Compensation paid for errors Delegated authority Computer based systems Guaranteed register Clear Organisation Affordable fees Visible impartiality Government Agency Financial freedom A framework of practical Laws

  25. Simple procedures Quick Service Good mapping records Good staff/ management relations Public-private partnerships Responsive to customer needs Trained and expert staff Accurate accessible information Compensation paid for errors Delegated authority Computer based systems Guaranteed register Clear Organisation Affordable fees Visible impartiality Government Agency Financial freedom A framework of practical Laws

  26. Simple procedures Quick Service Good mapping records Good staff/ management relations Public-private partnerships Responsive to customer needs Trained and expert staff Accurate accessible information Compensation paid for errors Delegated authority Computer based systems Guaranteed register Clear Organisation Affordable fees Visible impartiality Government Agency Financial freedom A framework of practical Laws

  27. Public-private partnerships Good staff/ management relations Good mapping records Trained and expert staff Quick Service Accurate accessible information Compensation paid for errors Delegated management Land registration supporting the social and economic life of the nation Simple procedures A framework of practical Laws Affordable fees Computer based systems Responsive to customer needs Clear Organisation Guaranteed register Visible impartiality Government Agency Financial freedom

  28. Simple procedures Quick Service Good management Good mapping records Good staff/ management relations Public-private partnerships Responsive to customer needs Trained and expert staff Accurate accessible information Compensation paid for errors Delegated authority Computer based systems Guaranteed register Clear Organisation Affordable fees Visible impartiality Government Agency Financial freedom A framework of practical Laws

  29. Social stability and Economic success Simple procedures Quick Service Good management Good mapping records Good staff/ management relations Public-private partnerships Responsive to customer needs Trained and expert staff Accurate accessible information Compensation paid for errors Delegated authority Computer based systems Guaranteed register Clear Organisation Affordable fees Visible impartiality Government Agency Financial freedom A framework of practical Laws

  30. Social stability and Economic success Simple procedures Quick Service Good management Good mapping records Good staff/ management relations Public-private partnerships Responsive to customer needs Trained and expert staff Accurate accessible information Compensation paid for errors Delegated authority Computer based systems Guaranteed register Clear Organisation Affordable fees Visible impartiality Government Agency Financial freedom A framework of practical Laws Land registration supporting the social and economic life of the nation

  31. Social stability and economic success Simple procedures Quick Service On-line access Good mapping records Good staff/ management relations Public-private partnerships Responsive to customer needs Trained and expert staff Accurate accessible information Compensation paid for errors Delegated authority Computer based systems Guaranteed register Clear Organisation Affordable fees Visible impartiality Government Agency Financial freedom A framework of practical Laws Land registration supporting the social and economic life of the nation

  32. Athens Workshop May 28 - 31 2003 • Theme 2 Legal Issues • ‘Building a Land Registration System to support • the Social and Economic needs of a country’ • John Manthorpe • Advisor to HM Land Registry former Chief Land Registrar for England and Wales Working Party on Land Administration

  33. SOCIAL STABILITY ECONOMICGROWTH Development of land markets Security of tenure Protection for lenders and investors Registration of rights in land Systems of land transfer LAND Valuation of land based on markets Land use recording Basis for physical and environmental planning Basis for land taxation PRODUCTIVE AND SUSTAINABLE LAND DEVELOPMENT FINANCED PUBLIC SERVICES

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