Land registration
From Wikipedia, the free encyclopedia
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. The Torrens title system is a widely used method for registering land, particularly in Commonwealth jurisdictions, replacing the deeds registration system.
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[edit] National systems
[edit] Australia
[edit] England and Wales
A system of land registration was first attempted in England and Wales under the Land Registration Act 1862. 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. As of 1990, virtually all transactions in land result in compulsory registration.
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.
[edit] 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).
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 issues land certificates which are a state guarantee of the registered owner's good title. 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. 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 Registrar of Deeds and Title and have offices in Dublin and in Waterford. Since independence, the registries have dealt with the land in the 26 counties of the Republic of Ireland (formerly the Irish Free State, 1922-49) only, the registers of land in Northern Ireland now being administered by the Land Registers of Northern Ireland.
[edit] 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. It has responsibility for the registration of owners corporations under the Building Management Ordinance.
[edit] Italy
[edit] See also
[edit] Bibliography
- Riddall, J.G. (2003). Land Law. 7th ed., Lexis-Nexis Butterworths. ISBN 0-406-96743-1. Ch.26 for current law in England and Wales
[edit] External links
- 1911 Encyclopaedia Britannica - much historical detail
- Browse Land Registry Data - Free search of England, Wales and Scotland Land Registry data
- 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
