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"LAND REGISTRATION"
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The New Law of Land Registration
2003
This book is an examination of the law of land registration in England and Wales, in the light of the Land Registration Act 2002, and in particular at the way land registration is influenced by, and in turn influences, the evolution of land law as a whole. It examines the legal problems that have arisen in connection with land registration and considers the effect of the 2002 statute, drawing extensively upon the law in other jurisdictions and considering possibilities for future development. This is a book which will be essential reading for students, their teachers, and practitioners who will have to grapple with the intricacies of the new Act when it comes into force.
Evaluating Some Major Assumptions in Land Registration: Insights from Ghana’s Context of Land Tenure and Registration
by
Abubakari, Zaid
,
Zevenbergen, Jaap
,
Richter, Christine
in
conventional land registration
,
Economic theory
,
fit-for-purpose land administration
2020
A discussion of the assumptions that underlie efforts to register land enables us to not only evaluate their validity across different contexts, but most importantly, to further understand how the low incidences of land registration might derive from very fundamental sources outside of differences in technology and approaches of recording. Building on existing literature and previous research in Ghana, this study has identified and evaluated three such assumptions, namely, land rights registration is desirable, all land rights are registrable, and access to the registration system is an administrative event. We analyzed each assumption in order to find out how they manifest in conventional approaches as well as what they imply for emerging fit-for-purpose (FFP) approaches. In the context of Ghana, we find that (a) there are variations in desirability across space (urban vs. rural) and among landholders; (b) many land rights are registrable, but not all, unless we accept a loss in meaning; and (c) access to the registration system can be an administrative event between surveyor/surveyed, but it is often a process of connecting multiple actors and practices. We conclude that close attention needs to be paid to scenarios where these fundamental assumptions fall short, in order to finetune them and redirect associated implementation strategies.
Journal Article
Access to personal data in public land registers : balancing publicity of property rights with the rights to privacy and data protection
by
Berlee, Anna
in
Land titles-Registration and transfer-England
,
Land titles-Registration and transfer-Germany
,
Land titles-Registration and transfer-Netherlands
2018
When you buy a home, should that also mean you have to inform the whole world where you live, how much you paid for it, and whether you financed the purchase with a mortgage loan?In essence, the Netherlands and England & Wales answer this question in the affirmative.
Land registration and landownership security
2017
Purpose The assertion that land registration guarantees landownership security is common knowledge. Thus, efforts at securing landownership in particularly, the developing world have concentrated on the formulation and implementation of land registration policies. However, over the years, whilst some studies claim that land registration assures security, a lot of other studies have established that security cannot be guaranteed by land registration. Also, there is evidence from research that has shown that land registration can be a source of ownership insecurity in some cases. The purpose of this paper is to critically analyse the underpinning principles of land registration and their application in order to establish whether or not land registration can actually guarantee ownership security. Design/methodology/approach It is a literature review paper that looks at the existing literature on landownership, security and land registration systems. The land registration principles that have been subjected to critical analysis are the publicity function of land registration, the legality of ownership emanating from land registration and the warranty provided by the State in land registration, specifically, under the Torrens system. Findings An analysis of the underpinning principles of land registration shows that land registrationper se cannot guarantee ownership security and this helps to explain the findings of the numerous studies, which have established that landownership security cannot be assured by land registration. The paper concludes by identifying the right role of land registration as well as a mechanism that can effectively protect or secure landownership. Practical implications Land registration policies and programmes in the developing world are often funded by the international donor community and the findings provide useful insights regarding the actual role of land registration and for policy change in terms of what can secure landownership. Originality/value Even though there are two schools of thought regarding research on the link between land registration on one hand, and landownership security on the other, none of the studies has made an attempt to consider the nexus by critically examining the principles that underpin land registration to support their arguments.
Journal Article
Stamp Duty Land Tax Handbook
2009,2014
Written from a practical standpoint, this new edition of the Stamp Duty Land Tax Handbook details how the updated legislation works in common practice. The book's examples and case studies will be highly useful to surveyors, valuers and anyone needs to be kept up to date with the application of tax duty on Land. Unlike most other books in this area, the Handbook is based on practical experience of the work of surveyors applying the latest legislation in making valuations. The authors explain the potential pitfalls and use examples of calculations of the amounts on which tax is payable. Complex areas like administration and enforcement are clarified and explained. The Handbook will help surveyors and property professionals provide crucial support to their invididual and corporate clients.
MISTAKEN REGISTRATIONS OF LAND: EXPLODING THE MYTH OF “TITLE BY REGISTRATION”
2013
When the Land Registration Act 2002 first came into force, the prevailing academic view was that it had created a system of “title by registration”, such that, where someone (B) is mistakenly registered as owner of another person's (A's) land, he acquires a good title (notwithstanding the mistake) that can validly be conveyed to someone else (C). The thesis of this article is that, whilst the logic of the “title by registration” principle might be conceptually attractive, it has proven to be unworkable in practice, is questionable as a matter of policy, and – looking to the future – ought to be abandoned in favour of a more subtle legislative scheme for resolving A-B-C disputes.
Journal Article
Facilitating Cross-Border Real Estate Transactions in Europe
by
Zimmermann, Katja
in
and titles-Registration and transfer-Germany
,
Land titles-Registration and transfer-England
,
Land titles-Registration and transfer-Netherlands
2021
The acquisition of a plot of land is a complex legal transaction.When a foreign element is added to this transaction, the complexity inevitably increases.In the interest of promoting the proper functioning of the EU internal market, this study investigates how this complexity can be reduced.
Law of the Land
2008
How was it that the Torrens system, a mid-nineteenth-century reform of land titles registration from distant South Australia, gradually replaced the inherited Anglo-Canadian common law system of land registration? In The Law of the Land , Greg Taylor traces the spread of the Torrens system, from its arrival in the far-flung outpost of 1860s Victoria, British Columbia, right up to twenty-first century Ontario.
Examining the peculiarity of how this system of land reform swept through some provinces like wildfire, and yet still remains completely unknown in three provinces, Taylor shows how the different histories of various regions in Canada continue to shape the law in the present day. Presenting a concise and illuminating history of land reform, he also demonstrates the power of lobbying, by examining the influence of both moneylenders and lawyers who were the first to introduce the Torrens system to Canada east of the Rockies.
An exact and fluent legal history of regional law reforms, The Law of the Land is a fascinating examination of commonwealth influence, and ongoing regional differences in Canada.
Relations between Land Tenure Security and Agricultural Productivity: Exploring the Effect of Land Registration
by
Alban Singirankabo, Uwacu
,
Willem Ertsen, Maurits
in
agricultural productivity
,
land registration
,
land tenure security
2020
This paper reviews the scholarly literature discussing the effect(s) of land registration on the relations between land tenure security and agricultural productivity. Using 85 studies, the paper focuses on the regular claim that land registration’s facilitation of formal documents-based land dealings leads to investment in a more productive agriculture. The paper shows that this claim is problematic for three reasons. First, most studies offer no empirical evidence to support the claim on the above-mentioned effect. Second, there are suggestions that land registration can actually threaten ‘de facto’ tenure security or even lead to insecurity of tenure. Third, the gendered realization of land registration and security may lead to uneven distribution of costs and benefits, but these effects are often ignored. Next to suggesting the importance of land information updating and the efficiency of local land management institutions, this paper also finds that more research with a combined locally-set approach is needed to better understand any relation(s) between land tenure security and agricultural productivity.
Journal Article