2. Registered Land

Land Law ◽  
2020 ◽  
pp. 35-112
Author(s):  
Chris Bevan
Keyword(s):  
Primary Source ◽  
Detailed Account ◽  
Registration System ◽  
Land Registration ◽  
Title Registration

This chapter offers a detailed account of how land registration operates under the Land Registration Act 2002 (LRA 2002). The LRA 2002 is the primary source of our title registration system and provides the statutory framework for the modern law. This chapter unpacks the LRA 2002: its objectives, mechanics, as well as exploring the implications of registration for the enforceability of interests in land.

2. Principles of Registered Land

Land Law ◽  
2018 ◽  
Author(s):  
Chris Bevan
Keyword(s):  
Primary Source ◽  
Registration System ◽  
Land Registration ◽  
Title Registration

This chapter presents an overview of the Land Registration Act 2002 (LRA 2002), which governs land registration today, its objectives, mechanics, as well as exploring when land can and must be registered. The LRA 2002 (which came into force in October 2003) is the primary source for the title registration system and provides the statutory framework for the modern law, supplemented by Land Registration Rules which add flesh to the bones of the Act. Registration has, however, been around for far longer. Today's system is the product of a series of incremental developments in statute from the Acts of 1862, 1875, and 18979 to the Land Registration Acts of 1925 and 1997.

scholarly journals When Tradition Meets Modernity in Land Registration: Evidence from Dagbon, Ghana

Land ◽  
2020 ◽  
Vol 9 (11) ◽  
pp. 416
Author(s):  
David Asante Edwin ◽  
Evam Kofi Glover ◽  
Edinam K. Glover
Keyword(s):  
Land Tenure ◽  
Research Question ◽  
Land Ownership ◽  
Registration System ◽  
Land Registration ◽  
Tenure System ◽  
Title Registration ◽  
Land Tenure System ◽  
Customary Land ◽  
And Control

Development practice over recent years in much of Africa prioritized formalization of land policies deemed to enhance better handling and use of land as an asset for social development. Following this trend, land reform policy in Ghana was based on a pluralistic legal system in which both the customary land tenure system and the statutory system of land ownership and control co-exist by law. The primary research question for this study was the following: What implications emerge when customary land tenure system and the statutory system of land ownership and control co-exist in law? The study discussed the prospects and challenges of land title registration and the meaning of the new organizing concept in land ownership and administration among the people of Dagbon in the northern region of Ghana. The principal aim of the study was to assess the challenges of the implementation of a modern land registration system over a deeply traditional one. A qualitative research methodology was used and included qualitative descriptive analysis. This descriptive-analytical study was carried out to investigate opinions on the implications of the merger and preferred options for redress of any systemic challenges. It employed Focused Group Discussions (FGDs) to supplement in-depth interviews. Interviews were conducted among 40 key participants within formal and informal institutions including officials from both the Land Commission and Town and Country Planning Departments. Purposeful sampling was employed, and an interview guide was developed and used for collecting the data. Data were analyzed using a thematic approach. The results showed that in this structural reform, the ‘allodial title’ holder was much more trusted for tenure security because of the traditional legitimacy of the King as the sole owner and controller of land. The title registration system therefore principally served the secondary purpose as additional security. The findings indicate that in the circumstance where the law was seen as pliable, the policy engendered blurred and confusing effects that deepened the sense of ambiguity and outcomes were sometimes contradictory. We argued that the crossroads presented challenges that were novel and engendered innovative thinking for more appropriate solutions. The study revealed that policy reforms must be tailor-made to the physical, social, cultural and economic settings.

scholarly journals ‘DEEDS RECORDATION’ ‘TITLE REGISTRATION’. ROZWIąZANIA MODELOWE W ZAKRESIE REJESTRóW NIERUCHOMOŚCI W SYSTEMIE ‘COMMON LAW’

2016 ◽  
Vol 13 (4) ◽  
pp. 53 ◽  
Author(s):  
Paweł Blajer
Keyword(s):  
Common Law ◽  
Registration System ◽  
Land Registration ◽  
Advantages And Disadvantages ◽  
Current State ◽  
Registry System ◽  
The Us ◽  
Title Registration ◽  
The Common ◽  
The Republic

DEEDS REGISTRATION AND TITLE REGISTRATION: MODEL SOLUTIONS CONCERNING LAND REGISTRIES IN THE COMMON LAW SYSTEMSummary The aim of this article is to present the two main land registration models in the common law countries, i.e. deeds recordation and title registration, taking into account the broader historical perspective indicating their origins, evolution and developments, as well as the current state of legal regulations in the field of registration of interest in land. The system of deeds recordation is characterized on the basis of regulations adopted in the vast majority of the US states, whereas the title registration model is presented against the background of the Torrens system, the origins of which date back to 19th-century Australian legislation. From Australia this particular land registration system spread to other continents. A comparison is carried out of the two systems, taking into account their advantages and disadvantages, and the reasons for the global success of the title registration model are indicated. On the grounds of the regulations adopted in Scotland and the Republic of South Africa the author makes also an attempt to characterize the mixed systems, which are generally based on the deeds recordation model but emploi some solutions typical for the title registration system. Concluding the article, the author tries to indicate the particular characteristics of title registration model which could be a source of inspiration for the potential optimization of the Polish land registry system.

scholarly journals A CASE FOR TITLE INSURANCE IN THE SOUTH AFRICAN PROPERTY- REGISTRATION SYSTEM

Obiter ◽  
2015 ◽  
Vol 36 (1) ◽  
Author(s):  
Maphuti Tuba ◽  
Edith Mbiriri
Keyword(s):  
South African ◽  
Financial Loss ◽  
Registration System ◽  
Property Ownership ◽  
Land Registration ◽  
Land Owners ◽  
Financial Interests ◽  
Title Registration ◽  
Title Insurance ◽  
Property Registration

Land and interests in land have traditionally been man’s most basic forms of wealth. As a result, many elaborate legal systems have evolved to protect this wealth and the rights associated with it. This has led to the establishment of the most recognized land registration systems, namely the title registration system (known as the Torrens system) and the deeds registration system. Both of these systems provide owners of land and lenders with protection regarding property ownership and financial interests in land. South Africa has chosen to adopt the deeds registration system with some elements of the title registration system. This system is hailed as among the best in the world, simply because the validity of ownership and interests in land are the responsibilities of conveyancing practitioners and land registration officials. However, such protection is not fully guaranteed. This paper discusses the possibility of introducing title insurance – a form of indemnity insurance which insures a person against financial loss from defects in title to immovable property and from the invalidity or unenforceability of mortgage liens – to protect the financial interests of both land owners and lenders in the property.

Designing a coherent land registration system for rural Portugal

2019 ◽  
Vol 2 (1) ◽  
Author(s):  
Tiago NUNES ◽  
Miguel COUTINHO
Keyword(s):  
Satellite Images ◽  
Field Research ◽  
Digital Native ◽  
Web Based ◽  
Registration System ◽  
Land Registration ◽  
Daily Rate ◽  
Property Owners ◽  
Property Identification

After almost a century of several attempts to establish a coherent land registration system across the whole country, in 2017 the Portuguese government decided to try a new, digital native approach to the problem. Thus, a web-based platform was created, where property owners from 10 pilot municipalities could manually identify their lands’ properties using a map based on satellite images. After the first month of submissions, it became clear that at the current daily rate, it would take years to achieve the goal of 100% rural property identification across just the 10 municipalities. Field research during the first month after launch enabled us to understand landowners’ relationships with their land, map their struggles with the platform, and prototype ways to improve the whole service. Understanding that these improvements would still not be enough to get to the necessary daily rate, we designed, tested and validated an algorithm that allows us to identify a rural property shape and location without coordinates. Today, we are able to help both Government and landowners identify a rural property location with the click of a button.

Factors impacting on effective implementation of land title registration – a perspective from Ghana

2020 ◽  
Vol 1 (2) ◽  
pp. 23-37
Author(s):  
Benjamin Armah Quaye
Keyword(s):  
Information Management ◽  
Developing Economies ◽  
Empirical Studies ◽  
Developed Countries ◽  
Legal Framework ◽  
Sub Saharan Africa ◽  
Resource Base ◽  
Registration System ◽  
Land Registration ◽  
Effective Implementation

Many governments across Sub Saharan Africa are in the process of introducing or improving land registration and formal titling systems. One of the stated aims is to achieve modern land information management in order to facilitate the development of the land market. It is often assumed that, because formal systems and institutions have enjoyed some positive outcomes in terms of realising wealth in developed countries, they will succeed equally well in developing economies. However, findings from empirical studies across several developing countries show that the performance of formal land registration systems has been mixed. Relying on empirical data from two major cities in Ghana, this paper examines the operations of land registration system with particular reference to its land information management aspects. The analysis shows that a divergence in the implementation of principles of the legal framework and organisational challenges are major contributory factors to deficiencies in the land information regime of the land registration system. Hence, there is a need for effective implementation of well-crafted and functional legal frameworks for land registration, to ensure that the principles and operations of land registration are locally relevant and sensitive. To address the inadequate organisational capacity there is a need to improve the capacity of the human resource base of the officials of the formal land administration sector. The procedure for land registration must also be streamlined in order to eliminate unnecessary requirements and thereby reduce the transaction time, costs of registration and frustration of clients.

scholarly journals Legal regulation of legal relations in the field of land accounting

2019 ◽  
Author(s):  
D. Kondratenko
Keyword(s):  
Public Relations ◽  
Local Governments ◽  
Legal Regulation ◽  
The State ◽  
Main Body ◽  
Public Authorities ◽  
Registration System ◽  
Land Registration ◽  
Land Relations ◽  
Definition Of

Problem setting. The article analyzes the issue of legal relations in the field of land accounting. The legal nature of public relations in this area has been clarified. The accounting of the quantity and quality of land is investigated. The author’s definition of legal relations in the field of land accounting is provided. The circle of subjects of these legal relations is outlined. Analysis of recent researches and publications. To date, in the scientific literature there is no comprehensive study of the legal regulation of legal relations in the field of land accounting. There are only developments devoted to certain issues of land law science. Target of research. The study of the legal regulation of legal relations arising in the field of land accounting, the allocation of subjects of these legal relations. Article’s main body Justification of the appropriateness of obtaining, systematizing all the resources available on the land plot, determining the size, quality status and distribution of the land fund, providing the necessary data about the land, studying the legal relations arising on this occasion. The basis of the land registration and registration system in Ukraine is the State Land Cadastre. It reflects the subjective information on land, which accumulates as a result of land accounting. Such information is necessary primarily for the implementation of state control over the use, reproduction and protection of land. Only a legally regulated and wellmaintained process of conducting accounting and registration activities in the field of land relations can become the key to the introduction and functioning of a transparent mechanism for the circulation of land in market conditions and an effective mechanism for managing them. In this aspect, it is important to note that it is necessary to distinguish land accounting in the proper sense and land rights accounting (as a broader category compared to the first). In the context of the land registration reform and the further process of improving the State Land Cadastre, it is necessary to talk about the formation of land information relations. Conclusions and prospects for the development. Land accounting relationships are public relations that arise in connection with the activities of public authorities and local governments, which are endowed with appropriate powers to take measures to obtain, systematize and analyze information on the quantity, territorial location and use of land. The subjects of these legal relationships are landowners and land users, the state, state authorities and local selfgovernments, who are vested with the respective powers.

scholarly journals Cadastral Surveyor in Land Registration System in Indonesia: A Current Developments

2020 ◽  
Vol 1 (4) ◽  
Author(s):  
Azis Djabbarudin
Keyword(s):  
Community Participation ◽  
Legal Certainty ◽  
Government Regulations ◽  
Registration System ◽  
Land Registration ◽  
Physical Data ◽  
Main Activity ◽  
A Current ◽  
Laws And Regulations

The spearhead of collecting physical data in the process of land registration is the measurement activity carried out by the measurement officer or known as the Cadaster Surveyor. Cadastral measurement is the main activity that determines the quality of land data. One of the guarantees of legal certainty in land registration is the assurance of certainty of physical data consisting of data on the location of boundaries and area of land. This research is a descriptive qualitative normative juridical law study which analyzes the study of legal changes related to the role and expansion of the cadastral surveyor's authority in the land registration system. In an effort to realize the accuracy of physical data in the form of the location and size of land parcels to accelerate land registration and land services, it is necessary to expand the authority and a strong legal umbrella. The authority according to the prevailing laws and regulations is very limited. To extend the licensed surveyor's authority as a form of community participation in the land registration system, there are several strategic steps that must be taken, one of which is the change / revision of legislation related to the land registration system, namely the need for new articles or the addition of new paragraphs in certain articles on The Basic Agrarian Law and Government Regulations regarding land registration.

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