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. Law is a system of rules enforced through a set of Institutions used as an instrument to underpin civil obedience politics economics and society Ownership is the state or fact of exclusive rights and control over Property, which may be an object, land/real estate, Intellectual property An estate in land is an interest in Real property that is or may become possessory For the government of parliamentary systems see Executive (government. Title is a legal term for a bundle of rights in a piece of property in which a party may own either a legal interest or an equitable interest The rights
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]. Common law refers to law and the corresponding legal system developed through decisions of courts and similar tribunals rather than through legislative statutes or executive In Law, jurisdiction (from the Latin ius iuris meaning "law" and dicere meaning "to speak" is the practical Authority Deeds registration is a Land registration system in Common law Jurisdictions. Torrens title is a system of land title where a register of land holdings maintained by the state guarantees an indefeasible title to those included in the register
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Australia
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. For a topic outline on this subject see List of basic Australia topics. Torrens title is a system of land title where a register of land holdings maintained by the state guarantees an indefeasible title to those included in the register Hong Kong ( officially the Hong Kong Special Administrative Region, is a territory located on China 's south coast on the Pearl River Delta, and borders In Hong Kong, the Land Registry ( is a government department under the Development Bureau (發展局 responsible for the administration of Land registration Hong Kong ( officially the Hong Kong Special Administrative Region, is a territory located on China 's south coast on the Pearl River Delta, and borders In Hong Kong, the Land Registry ( is a government department under the Development Bureau (發展局 responsible for the administration of Land registration 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. The United States of America —commonly referred to as the 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. Currently North Carolina is the only state that employs this method.
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. A bona fide purchaser ( BFP) referred to more completely as a bona fide purchaser for value without notice is a term used in the Law of Real property
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.
England and Wales
A system of land registration was first attempted in England and Wales under the Land Registration Act 1862. England is a Country which is part of the United Kingdom. Its inhabitants account for more than 83% of the total UK population whilst its mainland Land Registry (officially known under the Land Registration Act 2002 as Her Majesty's Land Registry) is a British Governmental organisation created England is a Country which is part of the United Kingdom. Its inhabitants account for more than 83% of the total UK population whilst its mainland This is an incomplete list of Acts of the Parliament of the United Kingdom for the years 1860-1879 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. Year 1875 ( MDCCCLXXV) was a Common year starting on Friday (link will display the full calendar of the Gregorian calendar (or a Common Year 1897 ( MDCCCXCVII) was a Common year starting on Friday (link will display the full calendar of the Gregorian Calendar (or a Common This is an incomplete list of Acts of the Parliament of the United Kingdom for the years 1920-1939
Over time various areas of the country were designated areas of compulsory registration by order so in different parts of the country compulsory registration has been around longer than in others. The last order was made in 1990, so now virtually all transactions in land result in compulsory registration. Year 1990 ( MCMXC) was a Common year starting on Monday (link displays the 1990 Gregorian calendar) One difference is when land changes ownership after death and where land is gifted rather than sold; these only became compulsorily registrable in April 1998. Similarly it became compulsory to register land when a mortgage is created on it in 1998.
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. The Land Registration Act 2002 is an Act of the Parliament of the United Kingdom which repealed and replaced previous legislation governing Land registration Year 1925 ( MCMXXV) was a Common year starting on Thursday (link will display the full calendar of the Gregorian calendar. In law conveyancing is the transfer of title of Property from one person to another or the granting of an Encumbrance such as a Mortgage or The term electronic signature has several meanings Among the more expansive is that given by US law influenced by ABA committee white papers and the uniform law promulgated
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). Ireland ( Irish: Éire, ˈeːrʲə is a country in north-western Europe. Ireland ( Irish: Éire, ˈeːrʲə is a country in north-western Europe. Irish (ga ''Gaeilge'' is a Goidelic language of the Indo-European language family originating in Ireland and historically spoken by the Irish.
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 in order to record titles conveyed. For his father the economist and MP see Robert Torrens (economist; for the Irish cricketer see Roy Torrens. 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. [2]
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. A mortgage is the pledging of a property to a Lender as a security for a Mortgage loan. 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. A county is a Land area of Regional Government within a larger State. 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, Waterford and in Roscommon. Dublin (ˈdʌblɨn/ /ˈdʊblɨn or /ˈdʊbəlɪn/, bˠalʲə aːha klʲiəh or cliə(ɸ is both the largest city and capital of Ireland. Waterford ( or Windy fjord;) is a city in Ireland. It is the primary city of the South East region and the fifth largest in the country Roscommon (Ros Comáin is the county seat of County Roscommon in Ireland. 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. The Irish Free State (Saorstát Éireann (1922&ndash1937 was the state established as a Dominion on 6 December 1922 under the Anglo-Irish Treaty, signed by Northern Ireland (Tuaisceart Éireann Ulster Scots: Norlin Airlann) is a Country within the United Kingdom, lying in the northeast of
Italy
Japan
See also
Bibliography
- Riddall, J. Italy (Italia officially the Italian Republic, (Repubblica Italiana is located on the Italian Peninsula in Southern Europe, and on the two largest Catasto (also catasti, catastale, catastali) is the Italian system of Land registration. For a topic outline on this subject see List of basic Japan topics. Ōtabumi (大田文 were land registers kept by the Kamakura (1185-1333 and Muromachi shogunates (1333-1568 during the associated periods of Japanese A cadastre (also spelled cadaster) is a comprehensive register of the Metes and bounds real property of a country and commonly includes details of A deed is a Legal instrument used to grant a Right. Deeds are part of the broader category of documents under seal. A land terrier is a record system for an institution's land and property holdings Native title is a concept in the Law of Australia that recognises in certain cases there was and is a continued beneficial legal interest in land held by local Indigenous Property law is the area of Law that governs the various forms of Ownership in Real property (land as distinct from personal or movable possessions Recorder of deeds refers to the government office tasked with maintaining a record of Real estate ownership as well as other Deeds that provide persons other than G. (2003). Land Law. 7th ed. , Lexis-Nexis Butterworths. ISBN 0-406-96743-1. Ch. 26 for current law in England and Wales
- ^ Land Law In Ireland; Andrew Lyall; ISBN 1 85800 186 2; Chp 24
- ^ 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
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