Working Party on Land Administration

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
(No Transcript)
6
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
7
Characteristics of a good land registration
system
8
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

9
(No Transcript)
10
A framework of practical Laws
11
Visible impartiality
A framework of practical Laws
12
Visible impartiality
Government Agency
A framework of practical Laws
13
Visible impartiality
Government Agency
Financial freedom
A framework of practical Laws
14
Guaranteed register
Visible impartiality
Government Agency
Financial freedom
A framework of practical Laws
15
Compensation paid for errors
Guaranteed register
Visible impartiality
Government Agency
Financial freedom
A framework of practical Laws
16
Compensation paid for errors
Guaranteed register
Clear Organisation
Visible impartiality
Government Agency
Financial freedom
A framework of practical Laws
17
Compensation paid for errors
Guaranteed register
Clear Organisation
Affordable fees
Visible impartiality
Government Agency
Financial freedom
A framework of practical Laws
18
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
19
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
20
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
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
22
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
23
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
24
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
25
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
26
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
27
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
28
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
29
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
Affordable fees
A framework of practical Laws
Computer based systems
Clear Organisation
Responsive to customer needs
Guaranteed register
Visible impartiality
Financial freedom
Government Agency
30
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
31
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
32
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
33
Social stability and economic success
Quick Service
On-line access
Simple procedures
Good staff/ management relations
Public-private partnerships
Good mapping records
Accurate accessible information
Responsive to customer needs
Trained and expert staff
Computer based systems
Compensation paid for errors
Delegated authority
Affordable fees
Guaranteed register
Clear Organisation
Financial freedom
Visible impartiality
Government Agency
A framework of practical Laws
Land registration supporting the social and
economic life of the nation
34
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
35
ECONOMIC GROWTH
SOCIAL STABILITY
Development of land markets
Protection for lenders and investors
Security of tenure
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