Land Administration 451418607 Lecture 5 Land Registration

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Land Administration 451-418/607 Lecture 5Land
Registration

• Ian Williamson

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Objectives

• To describe and discuss land registration in its
  various forms and all its components, including
  the land titling process.
• To introduce the role of land registration in
  land information systems and in the broader area
  of land policy, land management and land
  administration.

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The cadastral parcel and ownership rights
Source Land Administration (Peter Dale and John
McLughlin)
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Cadastral and Land Information Systems in
Developing Countries
Existing independent government authorities
LOCAL GOVERNMENT
FISCAL
UTILITIES
OTHER
Land information centre
LINKAGE MECHANISH
Cadastral data base (juridical cadastre)
CADASTRAL OVERLAY
LAND REGISTRATION
TOPOGRAPHIC BASE MAP
Topographic mapping and geodetic survey
organization
GEODETIC REFERECENCE FRAMEWORK
Source The Australian Surveyor (March, 1986)
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Alternative ways of building cadastral/land
registration system
Alt A
Mapping
Property register
Legal land register
Fiscal (tax) cadastre
Alt b
Alt c
(Mapping)
Mapping
B
Legal land register
Tax cadastre
C
Source Land Registration and Cadastral Systems
(Gerhard Larsson)
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Land Registration System used in land
administration to recognize and formalize
property rights and for regulating the character
and transfer of these rights. (Dale McLaughlin
1999)
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Land Tenure The system by which we hold land.
Describes the terms and conditions under which
land is held the rights, responsibilities and
restrictions that attach to the land user.
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Land Title The expression of tenure.
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Cadastre Parcel-based land information system
which provides the spatial and textual framework
to record the registration of rights.
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Land titling is the process of adjudicating
rights in land, surveying and mapping those
rights and usually establishing the cadastral
office and land registry to store and manage the
associated maps, titles and deeds.
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Extract from Swedish cadastral map
Source Land Registration and Cadastral Systems
(Gerhard Larsson)
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In the Bible, the prophet Jeremiah (born around
650 BC, began prophetic work in 627 BC) bought
land so I bought the field at Anatoth from my
cousin Hanamel and weighed out for him 17 shekels
of silver. I signed and sealed the deed, had it
witnessed, and weighed out the silver on the
scales. I took the deed of purchase the sealed
copy containing the terms and conditions, as well
as the unsealed copy and I gave this deed to
Baruch son of Neriah, the son of Mahseiah, in the
presence of my cousin Hanamel and the witnesses
who signed the deed and of all the Jews sitting
in the courtyard of the guard. (Jer 329-12).
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The legal status of a land register is closely
linked to the manner in which a transaction is
confirmed and documented.
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Types of transaction evidence
Means of transaction
Evidence
Oral agreement
Witnesses
Private conveyance
Deed No registration
Deeds registration
Registration No guarantee
Title registration
Registration proof of title
Source Land Registration and Cadastral Systems
(Gerhard Larsson)
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Options for land registration systems

• Private conveyancing
• Title insurance
• Registration of Deeds
• Registration of Title

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There are many excellent Deeds Registration
systems and many excellent Title Registration
systems. In general Title Registration is
preferable, but it depends on the design of the
system. However it is possible to design a very
poor Title Registration system.
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Land registration and form of indemnity
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Private conveyancing

• Land transactions handled by private arrangement
• Cost borne by owner
• Assistance from solicitors, surveyors, etc
• Documents held by the owner or intermediary e.g.
  notary
• Security is dependent on the integrity of
  professionals
• Defects in private conveyancing
• Duplication
• Slow
• Expensive
• Minimal state involvement - little or no security
  for errors or fraud.

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Title insurance (USA)

• Insurance companies run the title insurance
  system
• Insurance companies keep the registries
• Insurance companies are licensed.

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Deeds Registration

• Three basic elements
• logging of time of entry of a property document
• indexing of the document
• archiving of the document (or copy).
• Three core principles
• Security - registration in a public (government)
  office provides a measure of security against
  loss, destruction or fraud
• Evidence - registered documents can be used to
  support (though may not be a guarantee) a claim
• Notice and priority - registration gives pubic
  notice that a property transaction occurred (and
  the time of registration may resolve the priority
  of claims).

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Disadvantages of Registration of Deeds

• Registers documents, NOT title
• Records an isolated transaction e.g. owners name
  vs parcel
• Information may be inconsistent or incorrect
• Descriptions often in error or outdated

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Improvements to Deeds Registration

• Parcel-based
• Improve survey methods
• Examination of documents
• Improved record keeping
• Automated indexes and Abstracts of Title
• Qualified titles i.e. whether with/without survey

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Registration of Title

• Basic unit for registration is the land parcel
  (not the deed).
• Generally, each parcel is surveyed and mapped.
• Registers kept up-to-date with what is in the
  field.
• Information in registers generally guaranteed

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Torrens system of Title Registration based on
three principles

• Mirror principle the register accurately and
  completely reflects the state of the title
• Curtain principle the register is the sole
  source of title information i.e. curtain effect
  that blocks out all former transactions so there
  is no need to go back beyond current record.
• Insurance principle the state is responsible for
  the veracity of the register and to provide
  compensation in the event of error.

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Recording rights, restrictions and
responsibilities

• Ownership
• Easements
• Caveats
• Restrictions as to user
• Rights of way
• Native Title rights
• Mortgages
• Leases

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CRITERIA FOR SUCCESSFUL LAND REGISTRATION SYSTEM

• Security
• Simplicity
• Accuracy
• Speed
• Cheapness
• Suitability to circumstances
• Completeness

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Over-riding interests - Some rights over land are
not registrable, but have legal validity.

• Land tax
• Rates
• Expropriation for public purpose
• Short-term tenancy
• Planning and land use regulations
• Rights of access or right to entry

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Improving a land registration system

• Institutional reform combining the cadastre and
  land registry
• Including all state and private lands on the
  register
• Automation of the registers
• Making the register available over the www
• Integrating the land register with other land
  information systems
• Real-time conveyancing
• Digital lodgement of all transactions

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Exam Question

• Describe and distinguish between private
  conveyancing, deeds registration and title
  registration.