Transcript Land Administration 451-418/607 Lecture 4 The Cadastral

Land Administration 451-418/607
Lecture 5
Land Registration
Ian Williamson
Objectives
1. To describe and discuss land registration
in its various forms and all its
components, including the land titling
process.
2. To introduce the role of land registration
in land information systems and in the
broader area of land policy, land
management and land administration.
The cadastral parcel and
ownership rights
Source: Land Administration (Peter Dale and John McLaughlin)
Cadastral based Land Information Systems
Existing
independent
government
authorities
FISCAL
Land information
centre
Cadastral data
base (juridical
cadastre)
Topographic
mapping and
geodetic survey
organization
Source: The Australian Surveyor (March, 1986)
LOCAL
GOVERNMENT
UTILITIES
LINKAGE MECHANISH
CADASTRAL
OVERLAY
TOPOGRAPHIC
BASE MAP
GEODETIC
REFERECENCE
FRAMEWORK
LAND
REGISTRATION
OTHER
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)
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)
Land registration
is recording the rights, restrictions and
responsibilities relating to land in order
to facilitate the administration and
management of land, and the operation
of land markets as appropriate
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.
Land Title: The expression of tenure.
Cadastre: Parcel-based land
information system which provides
the spatial and textual framework to
record the registration of rights,
restrictions and responsibilities in
land.
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.
Extract from Swedish cadastral map
Source: Land Registration and Cadastral Systems (Gerhard Larsson)
Land Channel interactive cadastral map
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http://www.land.vic.gov.au/4A2569E6000982D8/frameset/interactivemap
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Search for any land parcel in Victoria
Find Melways map
Find details of parcel
Basic infrastructure supporting most human
activity
For general information about DSE please contact:
DPI/DSE Customer Service Centre
Phone: 136 186 or (+61 3) 8636 2318
Email: [email protected]
Land Victoria
Department of Sustainability and Environment, Victoria, Australia
Use Melways and VicRoads Directory Online
For general information about DSE please contact:
DPI/DSE Customer Service Centre
Phone: 136 186 or (+61 3) 8636 2318
Email: [email protected]
Land Victoria
Department of Sustainability and Environment, Victoria, Australia
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 32:912).
The legal status of a land register is
closely linked to the manner in
which a transaction is confirmed and
documented.
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)
Options for land registration systems
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Private conveyancing
Title insurance
Registration of Deeds
Registration of Title
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.
Land registration and form of
indemnity
Torrens/Title
registration
e.g. Australia, NZ
Government
Indemnity
Deeds
registration
e.g. South Africa, The
Netherlands
Notaries
(as agents of government)
with Insurance
Title insurance
registration
e.g. USA
Private
Indemnity
Private conveyancing
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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:
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Duplication
Slow
Expensive
Minimal state involvement - little or no security for
errors or fraud.
Title insurance (USA)
• Insurance companies run the title insurance
system
• Insurance companies keep the registries
• Insurance companies are licensed.
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).
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
Improvements to Deeds Registration
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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
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
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.
Recording rights, restrictions and
responsibilities
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Ownership
Easements
Caveats
Restrictions as to user
Rights of way
Native Title rights
Mortgages
Leases
CRITERIA FOR SUCCESSFUL
LAND REGISTRATION SYSTEM
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Security
Simplicity
Accuracy
Speed
Cheapness
Suitability to circumstances
Completeness
Over-riding interests - Some rights over
land are not registrable, but have legal validity.
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Land tax
Rates
Expropriation for public purpose
Short-term tenancy
Planning and land use regulations
Rights of access or right to entry
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
Future land registration systems
• Key component of a wider land
administration and spatial information
system
• Records interests in all land
• Supports sustainable development
objectives
• The concept of a “virtual” land registry
Excursion to the Land registry
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Automated land title system
Land transfer process
Subdivision process
Updating VicMap Property
Exam Question
Describe and discuss the changing role of
land registration systems within a land
administration system over the last 100
years.