working party on land administration athens workshop may 28 - 31 2003 theme 2 legal issues...

Working Party on Land Administration

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 ManthorpeAdvisor to HM Land Registry former Chief Land Registrar for England and Wales

The legal status of land and property, Parcel Information Land tenure and real estate market

development Deeds Registration/title registration

comparisons and best practice Adjudication of title on land – cost and time

effective adjudication process Boundaries Legal aspects referring to Cadastral

Surveying Recommendations towards a sustainable

economic development

Theme 2 Legal Issues - Topics for discussion

Land - Land Rights - Holders of Rights

Land Rights

L a n d a n d P r o p e r t y

Holders of Land Rights

deed

Creating new rights in land

Agreement

Agreement Purchase, Loan or other right

Contract

Adjudication* Registration* Updated Land Register*

Search of land register*

“ For no great things can be donewithout a Bank and no Bank can be ofany benefit to Trade and the publicbut where there is a land register”.

Andrew Yarranton 1677

(I t was another 185 years before Parliament in England enacted the first Land Registry Act !)

“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

Practical legislation A trusted and independent public Agency Delegated authority to manage A financing regime that ensures that the Land

Registry can function well and develop itssystems

A career structure that ensures that staff arewell motivated and trained and expert in theirspecialist tasks

Developed procedures that are wellpublicised, simple to follow, inexpensive andresponsive to customer needs

Characteristics of a

good land registration system

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

A framework of practical Laws


Visible impartiality


Visible impartiality Government Agency


Visible impartiality Government Agency Financial freedom



Guaranteed register



Guaranteed register

Compensation paid

for errors



Guaranteed register

Compensation paid

for errors

Clear Organisation



Guaranteed register

Compensation paid

for errors

Clear Organisation

Affordable fees



Guaranteed register

Compensation paid

for errors

Clear Organisation

Affordable fees

Responsiveto customer

needs



Guaranteed register

Compensation paid

for errors

Clear Organisation

Affordable fees


needs

Delegatedauthority



Guaranteed register

Compensation paid

for errors

Clear Organisation

Affordable fees


needs

Delegatedauthority

Trained and expert staff



Guaranteed register

Compensation paid

for errors

Clear Organisation

Affordable fees


needs

Delegatedauthority


Good mapping records



Guaranteed register

Compensation paid

for errors

Clear Organisation

Affordable fees


needs

Delegatedauthority



Simple procedures



Guaranteed register

Compensation paid

for errors

Clear Organisation

Affordable fees


needs

Delegatedauthority



Simple procedures

Good staff/management

relations



Guaranteed register

Compensation paid

for errors

Clear Organisation

Affordable fees


needs

Delegatedauthority



Simple procedures


relations

Computer based

systems



Guaranteed register

Compensation paid

for errors

Clear Organisation

Affordable fees


needs

Delegatedauthority



Simple procedures


relations

Computer based

systems

Accurate accessible

information



Guaranteed register

Compensation paid

for errors

Clear Organisation

Affordable fees


needs

Delegatedauthority



Simple procedures


relations

Computer based

systems

Accurate accessible

information

Quick Service



Guaranteed register

Compensation paid

for errors

Clear Organisation

Affordable fees


needs

Delegatedauthority



Simple procedures


relations

Computer based

systems

Accurate accessible

information

Quick Service

Public-privatepartnerships

Affordable

fees

Financial freedom


Visib

le im

partia

lity

Government Agency

Quick Service

Sim

ple

pro

cedure

s

Gu

ara

nte

ed

re

gis

ter

Cle

ar

Org

an

isatio

n

Com

pute

r

base

d

syste

ms

Com

pensation

paid

for errors

Delegated

managem

ent

Accurate

accessible

information

Responsive

to customerneeds


Good

sta

ff/

manag

em

ent

rela

tions

Public-private

partnerships

Good

m

appin

g

records

Land registra

tion supporti

ng the social a

nd economic life of t

he nation



Guaranteed register

Compensation paid

for errors

Clear Organisation

Affordable fees


needs

Delegatedauthority



Simple procedures


relations

Computer based

systems

Accurate accessible

information

Quick Service


Good management



Guaranteed register

Compensation paid

for errors

Clear Organisation

Affordable fees


needs

Delegatedauthority



Simple procedures


relations

Computer based

systems

Accurate accessible

information

Quick Service


Social stability and Economic success

Good management



Guaranteed register

Compensation paid

for errors

Clear Organisation

Affordable fees


needs

Delegatedauthority



Simple procedures


relations

Computer based

systems

Accurate accessible

information

Quick Service


Social stability and Economic success

Good management

Land registration supporting the social and economic life of the nation

Affordable fees

Financial freedom


Visible impartiality Government Agency

Quick Service On-line accessSimple procedures

Guaranteed register

Clear Organisation

Computer based

systems

Compensation paid

for errors

Delegatedauthority

Accurate accessible

information


needs



relations



Land registration supporting the social and economic life of the nation

Social stability and economic success

Working Party on Land Administration

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 ManthorpeAdvisor to HM Land Registry former Chief Land Registrar for England and Wales

PRODUCTIVE AND SUSTAINABLE LAND DEVELOPMENT

LAND

ECONOMIC GROWTHSOCIAL STABILITY

FINANCED

PUBLIC SERVICES

Systems of land transfer

Land use recording

Protection for lenders and investorsSecurity of tenure

Development of land markets

Basis for land taxation

Valuation of land based on markets

Basis for physical and environmental planning

Registration of rights in land

working party on land administration athens workshop may 28 - 31 2003 theme 2 legal issues...

Documents

land laws

register slide

land transfer slide

land land rights holders

rights land rights

wales slide

discussion slide

visible impartiality