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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
A framework of practical Laws
Visible impartiality
A framework of practical Laws
Visible impartiality Government Agency
A framework of practical Laws
Visible impartiality Government Agency Financial freedom
A framework of practical Laws
Visible impartiality Government Agency Financial freedom
Guaranteed register
A framework of practical Laws
Visible impartiality Government Agency Financial freedom
Guaranteed register
Compensation paid
for errors
A framework of practical Laws
Visible impartiality Government Agency Financial freedom
Guaranteed register
Compensation paid
for errors
Clear Organisation
A framework of practical Laws
Visible impartiality Government Agency Financial freedom
Guaranteed register
Compensation paid
for errors
Clear Organisation
Affordable fees
A framework of practical Laws
Visible impartiality Government Agency Financial freedom
Guaranteed register
Compensation paid
for errors
Clear Organisation
Affordable fees
Responsiveto customer
needs
A framework of practical Laws
Visible impartiality Government Agency Financial freedom
Guaranteed register
Compensation paid
for errors
Clear Organisation
Affordable fees
Responsiveto customer
needs
Delegatedauthority
A framework of practical Laws
Visible impartiality Government Agency Financial freedom
Guaranteed register
Compensation paid
for errors
Clear Organisation
Affordable fees
Responsiveto customer
needs
Delegatedauthority
Trained and expert staff
A framework of practical Laws
Visible impartiality Government Agency Financial freedom
Guaranteed register
Compensation paid
for errors
Clear Organisation
Affordable fees
Responsiveto customer
needs
Delegatedauthority
Trained and expert staff
Good mapping records
A framework of practical Laws
Visible impartiality Government Agency Financial freedom
Guaranteed register
Compensation paid
for errors
Clear Organisation
Affordable fees
Responsiveto customer
needs
Delegatedauthority
Trained and expert staff
Good mapping records
Simple procedures
A framework of practical Laws
Visible impartiality Government Agency Financial freedom
Guaranteed register
Compensation paid
for errors
Clear Organisation
Affordable fees
Responsiveto customer
needs
Delegatedauthority
Trained and expert staff
Good mapping records
Simple procedures
Good staff/management
relations
A framework of practical Laws
Visible impartiality Government Agency Financial freedom
Guaranteed register
Compensation paid
for errors
Clear Organisation
Affordable fees
Responsiveto customer
needs
Delegatedauthority
Trained and expert staff
Good mapping records
Simple procedures
Good staff/management
relations
Computer based
systems
A framework of practical Laws
Visible impartiality Government Agency Financial freedom
Guaranteed register
Compensation paid
for errors
Clear Organisation
Affordable fees
Responsiveto customer
needs
Delegatedauthority
Trained and expert staff
Good mapping records
Simple procedures
Good staff/management
relations
Computer based
systems
Accurate accessible
information
A framework of practical Laws
Visible impartiality Government Agency Financial freedom
Guaranteed register
Compensation paid
for errors
Clear Organisation
Affordable fees
Responsiveto customer
needs
Delegatedauthority
Trained and expert staff
Good mapping records
Simple procedures
Good staff/management
relations
Computer based
systems
Accurate accessible
information
Quick Service
A framework of practical Laws
Visible impartiality Government Agency Financial freedom
Guaranteed register
Compensation paid
for errors
Clear Organisation
Affordable fees
Responsiveto customer
needs
Delegatedauthority
Trained and expert staff
Good mapping records
Simple procedures
Good staff/management
relations
Computer based
systems
Accurate accessible
information
Quick Service
Public-privatepartnerships
A framework of practical Laws
Visible impartiality Government Agency Financial freedom
Guaranteed register
Compensation paid
for errors
Clear Organisation
Affordable fees
Responsiveto customer
needs
Delegatedauthority
Trained and expert staff
Good mapping records
Simple procedures
Good staff/management
relations
Computer based
systems
Accurate accessible
information
Quick Service
Public-privatepartnerships
Affordable
fees
Financial freedom
A framework of practical Laws
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
Trained and expert staff
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
A framework of practical Laws
Visible impartiality Government Agency Financial freedom
Guaranteed register
Compensation paid
for errors
Clear Organisation
Affordable fees
Responsiveto customer
needs
Delegatedauthority
Trained and expert staff
Good mapping records
Simple procedures
Good staff/management
relations
Computer based
systems
Accurate accessible
information
Quick Service
Public-privatepartnerships
Good management
A framework of practical Laws
Visible impartiality Government Agency Financial freedom
Guaranteed register
Compensation paid
for errors
Clear Organisation
Affordable fees
Responsiveto customer
needs
Delegatedauthority
Trained and expert staff
Good mapping records
Simple procedures
Good staff/management
relations
Computer based
systems
Accurate accessible
information
Quick Service
Public-privatepartnerships
Social stability and Economic success
Good management
A framework of practical Laws
Visible impartiality Government Agency Financial freedom
Guaranteed register
Compensation paid
for errors
Clear Organisation
Affordable fees
Responsiveto customer
needs
Delegatedauthority
Trained and expert staff
Good mapping records
Simple procedures
Good staff/management
relations
Computer based
systems
Accurate accessible
information
Quick Service
Public-privatepartnerships
Social stability and Economic success
Good management
Land registration supporting the social and economic life of the nation
Affordable fees
Financial freedom
A framework of practical Laws
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
Responsiveto customer
needs
Trained and expert staff
Good staff/management
relations
Public-privatepartnerships
Good mapping records
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