LAND REGISTRATION

In law, 'land registration' is a system by which the ownership of estates in land, is recorded and registered, usually by government, in order to provide evidence of title and to facilitate dealing.
In common law countries, particularly in Commonwealth jurisdiction, when replacing the deeds registration system, title registrations are broadly classified into two basic types: the Torrens title system and the English system, a modified version of the Torrens system^[1].

Contents

Torrens system

Australia

Canada

Hong Kong

United States of America

English System

England and Wales

Republic of Ireland

Other

Italy

See also

Bibliography

External links

Torrens system

Australia

Main articles: Torrens title

Canada

Life depends on the earth. Our lives are based on land. Our societies and economies need good laws on how we use land. Where people own land, proof of ownership is critical, and land registration is often a key part of this proof. Land registration tends to focus on proof of ownership. It tends to let the rest of the law deal with what kinds of rights people can have in land.
This article is based on the English "common law," which is used in many places. These include much of the United States of America and many places that have been part of the British commonwealth.
Under the common law, a person usually proved ownership by showing that the person, and people from whom the person acquired the land, had used the land as owners for a period. Transfers of the land, and other dealings, were usually reflected in writing, and so the person partly proved ownership through documents. In practice, the period covered by these documents usually began with what appeared to be a good transfer of at least a fixed age, say, 60 years. This kind of proof isn't reliable or easy to check.
Land registration tries to improve on this.
Under the first kind of land registration, called "document registration," the government keeps a record (or register) of the documents. The law usually says that buyers and others are usually subject to all registered documents, and not usually to unregistered documents. This encourages people to register their documents. And it simplifies the task of buyers and others in finding out what documents they need to check. But they still need to track the ownership through the registered documents.
Under the first kind of land registration, as time goes by and land is divided, the register gets longer and bigger. The law usually tries to limit the period covered by the proof. It does so by saying that good proof beginning with what appears to be a good transfer of at least a fixed age, say, 30 or 40 years, gives good ownership, as far as ownership depends on documents. Conversely, any right not shown by that proof ceases to be valid.
In the United States of America, these laws are called "marketable title" laws. There's a good "uniform law" for them that many states have used as a model. Ontario, Canada was a pioneer of these laws, and has a good example of them based on a 40-year period.
Despite the first kind of land registration, and "marketable title" laws, proving ownership still wasn't easy. If the land was dealt with often, buyers and others were repeatedly checking the same documents. The register could be simplified if there was a separate register for each piece of land, but often there wasn't a separate register, perhaps because it depended on being able to describe the land accurately, for example, through plans prepared by land surveyors.
Insurance is a vital part of any economy, and it's come to be used to make dealings with land easier and more reliable. A policy of "title insurance" can't guarantee ownership, but insurers usually base their policies on good checking of the records. And some people are content to receive money instead of ownership (especially lenders).
Under the second kind of land registration, called "title registration," the government register shows the ownership and the government regularly updates the register. Under the common law, title registration is said to have three principles, which the law more or less reflects.
The first "mirror" principle is that the register more or less shows the ownership.
The second "curtain" principle is that the register more or less hides information that buyers and others don't need to check.
The third "insurance" principle is that, if the register contains an error, a person who suffers loss is more or less compensated.
There are two main systems of common law title registration laws. Both emerged in the mid-1800s. One is the "Torrens" system, named after its inventor, Sir Robert Torrens, and first used in Australia, and now used in many provinces in Canada. The other is the English system now used in Ontario, Canada.
We look first at the "mirror" principle. This is that the register more or less shows the ownership. In a perfect world, the register would show everything about the ownership at all times. Several factors can affect this.
Laws reflect these factors in different ways, and this is often because there's some other way for buyers and others to check the rights.
Governments and others don't want to register some claims, for example, a claim for a property tax or a claim caused by an unsafe use of the land.
People want to have some rights without registering them, for example, a person who holds a court judgment against the owner, or the owner's spouse or a short-term tenant.
It isn't practical to register some rights immediately, for example, after the owner dies.
Some rights aren't easy to describe fully, for example, rights of way.
Some rights are so common that it's worth guaranteeing them, for example, ownership or a security interest (a mortgage). Other rights may be so uncommon that it's not worth guaranteeing them, for example, rights under a trust.
If there's an error in the register, it may be fair to correct the error. For example, if the person who'd be compensated for the error is occupying the land, it's usually fairer to correct the error and compensate the other person. That may be cheaper too, for example, if the person occupying the land has put a valuable building on it. Of course, some errors might have to be corrected, for example, if different registers show different owners of the same land.
Older laws may treat a registered transfer or security interest (mortgage) as having no effect if the document containing it isn't a valid legal document at all, for example, because it was forged. This is sometimes called "deferred indefeasibility," because a later transfer or security interest can still have effect. Ontario, Canada uses this doctrine. Despite early cases suggesting that other laws use the doctrine, most laws don't use it. In effect, under modern laws, when the transfer or security interest is registered, the buyer or lender has a good right (although, this won't protect a dishonest buyer, and a careless or dishonest buyer might lose or have to pay compensation).
We look next at the "curtain" principle. This is that the register more or less hides information that buyers and others don't need to check. Again, several factors can affect this. Laws reflect these factors in different ways.
The government regularly updates the register to avoid the need to check past history. When the update supersedes a previous guarantee, the old entry can be removed. For example, when an owner sells the land, the register can be changed to show only the new owner, and the old owner can be removed.
Even where the register doesn't guarantee a right, the law may allow the government to remove an entry, for example, an expired lease.
Because transfers of ownership and security interests (mortgages) on the ownership are so common, the registers may simplify these by hiding rights that the buyer or lender doesn't need to know about. For example, if the owner holds the land to administer the estate of a person who's died, a buyer may not need to know who will inherit the estate. The buyer may only need to know that the owner administering the assets has the power to sell the land. Here, the register might just show the terms of this power. The title registration law may therefore give ways to protect some rights without showing what the rights are. Sometimes the way simply stops any transfer or security interest (mortgage) until things are sorted out, and is called a "caution" or "caveat."
We look next at the "insurance" principle. This is that, if the register contains a mistake, a person who suffers loss is more or less compensated.
Mistakes inevitably occur. Sometimes they're government mistakes. Other times, they happen, for example, when a defective document is registered. But, most important, it's unrealistic and uneconomic for any title registration system to be perfect. For example, bringing in a title registration system usually involves converting properties from another system. The benefits of title registration are so great that this conversion should be easy, even if that leads to some errors. It can make sense to save large costs by streamlining the conversion, even though doing so leads to small costs for errors.
Given that errors inevitably occur, insurance is a key part of a title registration law. Without it, buyers and others either can't rely on the system to protect rights when they acquire the rights, or to protect those rights afterwards. This has usually meant that the government had to provide the insurance.
Doing this well requires an insurer's mindset that sees paying compensation as a natural part of the business and as a needed service.
The insurance is strongly linked to other aspects of the property and title registration law. For example, it mainly covers cases where the law gives a guarantee of ownership. Who gets compensation depends on whether an error is corrected.
Systems honour the "insurance" principle in varying ways. Ontario, Canada uses an 1885 precursor to laws that England first enacted in 1897. This in effect puts the primary liability for compensation on the very people whom title registration was intended to protect.
It's easy for government compensation in effect to punish a victim of a mistake. Some rights may not be protected, for example, mining rights. There may be unrealistic time limits for claiming compensation.
Technology is changing land registration. Ontario, Canada has led the world in this. Ontario has converted nearly all land to title registration. It has created a database of land ownership information. And its electronic registration system allows users to prepare documents online. Computers can analyze the information in these documents and register transfers or security interests (mortgages) immediately and automatically, without human checking.
-- 23:02, 6 July 2007 (UTC)

Hong Kong

Main articles: Land Registry (Hong Kong)

The Hong Kong Land Registry administers the Land Registration Ordinance and provides facilities for search of the Land Register and related records by the public and government departments. It has responsibility for the registration of owners corporations under the Building Management Ordinance.

United States of America

In the USA, land registration is not required. Instead, there are laws that are commonly referred to as "recording acts." Each state in the USA has a different recording act. Generally speaking, however, recording acts come in three flavors, "race statutes," "notice statutes," and "race/notice statutes."
'Race Statute' - Whoever records first wins. Race statutes are ''extremely rare'' because most people agree that it is unfair to protect a person who had actual notice of a prior conveyance.
'Notice Statute' - A subsequent purchaser for value wins if, at the time of conveyance, that subsequent purchaser had no actual or constructive notice of the prior conveyance. In short, a subsequent bona fide purchaser (BFP) wins.
'Race/Notice Statute' - A subsequent purchaser for value wins if: (1) at the time of conveyance, that subsequent purchaser had no actual or constructive notice of the prior conveyance and (2) the subsequent purchaser records before the prior purchaser. In short, subsequent BFP's win only if they record before the prior purchaser.
Even though recording acts in the USA do not require recordation, they do create a strong incentive for recordation. At a minimum, recordation creates constructive notice to any subsequent purchasers that a prior conveyance occurred and therefore protects the prior purchaser in the event of a subsequent conveyance.

English System

England and Wales

Main articles: HM Land Registry

A system of land registration on first attempted in England and Wales under the Land Registration Act 1862. This system proved ineffective and, following further attempts in 1875 and 1897, the present system was brought into force by the Land Registration Act 1925. As of 1990, virtually all transactions in land result in compulsory registration.
The Land Registration Act 2002 leaves the 1925 system substantially in place but enables the future compulsory introduction of electronic conveyancing using electronic signatures to transfer and register property.

Republic of Ireland

Land registration is not compulsory in Ireland, meaning that two parallel registries are maintained: the 'Land Registry' ('Clárlann na Talún' in Irish) and the 'Registry of Deeds' ('Clárlann na nGníomhas').
The Irish system follows the English system but with features typical of the Torrens system (ie the register can be inspected by anyone). Robert Torrens himself drafted the Record of Title (Ireland) Act, 1865 inorder to record titles conveyed. The Landed Estates Court a register, the "Record of Title". While the record was not open to the public, the index could be inspected by anyone. Recording of title under the Act was voluntary and this was one of the reasons why the Act proved ineffective.^[1]
The Land Registry has been dealing with the registration of all transactions (purchase, sale, mortgage, remortgage and other burdens) concerning ''registered land'' since 1892, and issued ''land certificates'' which are a state guarantee of the registered owner's good title up to 1st January 2007. Land Certificates have been abolished by virtue of Section 23 of the Registration of Deeds and Title Act, 2006. Every piece of land in the register — which is arranged by county — is granted a folio number, under which all transactions pertaining to the land can be examined on request and after payment of a fee. Approximately 90% of land by area, and 85% of title, is registered.
The Registry of Deeds has dealt with the registration of title deeds, mortgage documents and other documentation concerning ''unregistered land'' since 1708: such documents are not retained by the registry, but rather one-page summaries (called "memorials") of conveyancing and mortgage documents are stamped and filed by the registrar. No certificates or guarantees of title are issued: the registry merely endeavours to provide information concerning the deeds lodged against a certain property — and, crucially, the order in which they were lodged — such as the last named owner or the latest mortgage to be lodged.
Both registries are managed by the Property Registration Authority and have offices in Dublin and in Waterford. Since independence, the registries have dealt with the land in the 26 counties of the Republic of Ireland (formerly the Irish Free State, 1922-37) only, the registers of land in Northern Ireland now being administered by the 'Land Registers of Northern Ireland'.

Other

Italy

Main articles: Catasto

See also

★ Cadastre

★ Land terrier

★ Native title

★ Property law

Bibliography

★ Land Law, Riddall, J.G., , , 7th ed., Lexis-Nexis Butterworths, 2003, ISBN 0-406-96743-1 Ch.26 for current law in England and Wales
1. ''Land Law In Ireland''; 'Andrew Lyall'; ISBN 1 85800 186 2; Chp 24
2. ''Land Law In Ireland''; 'Andrew Lyall'; ISBN 1 85800 186 2; Chp 24

External links

★ 1911 Encyclopaedia Britannica - much historical detail

★ Land Registry in the United Kingdom

★ Land Registry and Registry of Deeds in the Republic of Ireland

★ Land Registry Data Online - Provides online Land Registry data h of England, Wales, Scotland, Isle of Man, Éire and Northern Ireland Land Registry data

★ Lists of European Survey and Cadastre Websites by Country