Deeds registration
Encyclopedia
Deeds registration is a land registration
system in common law
jurisdictions. It is replaced by Torrens title
in most of these jurisdictions now, although a few of them, like most of the United States
, still maintain such system. Ireland
and Hong Kong
have both systems with the Torrens
system gradually superseding the older system.
In contrast of Torrens title
system in which basically the one who registered in a land registry as owner of a piece or parcel of land has an indefeasible title of the land, deeds registration system is merely a registration of all important instruments
related to that land. In order to establish one's title to the land, a person (or usually their purchaser's attorney
) will have to ascertain , for example:
system, the registry is merely a record of all instruments related to the land, the "owner" as shown on the land registry record (or common known as "land search record" in Hong Kong) does not necessary mean that he has a "good title", which means a title that is not defeasible or potentially defeasible.
In a sale and purchase of land, a vendor is required to show a "good title" to the purchaser. Since the land search record is not conclusive, it leads to problems when a vendor has to prove his title, in particular when the land is old or involves multiple encumbrances. This may lead to litigation if the parties cannot agree on whether a good title is shown.
In Hong Kong
, the vendor is generally only required to prove his title up to 15 years prior to the date of the sale and purchase. Further, various legislative measures relieve the vendor's duty. For example, the vendor can rely on assumption that a recital
of an instrument referring to matters prior to 15-year-old is true.
In Ireland
a vendor has to produce "a good root of title" {usually a conveyance for value but some other instruments qualify also}. A purchaser cannot insist that the root of title be more than 40 years old and the practice is to only insist on a minimal 20 year period because there is a presumption that the recitals in a conveyance for valuable consideration are true if that conveyance is at least 20 years old.
system. The law will be gradually implemented over a period of twelve years.
See Lands Title Ordinance
for the situation, in Ireland see http://www.landregistry.ie/
Land registration
Land registration generally describes systems by which matters concerning ownership, possession or other rights in land can be recorded to provide evidence of title, facilitate transactions and to prevent unlawful disposal...
system in common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
jurisdictions. It is replaced by Torrens title
Torrens title
Torrens title is a system of land title where a register of land holdings maintained by the state guarantees an indefeasible title to those included in the register...
in most of these jurisdictions now, although a few of them, like most of the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, still maintain such system. Ireland
Republic of Ireland
Ireland , described as the Republic of Ireland , is a sovereign state in Europe occupying approximately five-sixths of the island of the same name. Its capital is Dublin. Ireland, which had a population of 4.58 million in 2011, is a constitutional republic governed as a parliamentary democracy,...
and Hong Kong
Hong Kong
Hong Kong is one of two Special Administrative Regions of the People's Republic of China , the other being Macau. A city-state situated on China's south coast and enclosed by the Pearl River Delta and South China Sea, it is renowned for its expansive skyline and deep natural harbour...
have both systems with the Torrens
Torrens
Torrens may refer to:People* Albert Torrens , Australian rugby league footballer* Cristina Torrens Valero , professional female tennis player from Spain* Henry Torrens Anstruther , British Liberal Unionist politician...
system gradually superseding the older system.
In contrast of Torrens title
Torrens title
Torrens title is a system of land title where a register of land holdings maintained by the state guarantees an indefeasible title to those included in the register...
system in which basically the one who registered in a land registry as owner of a piece or parcel of land has an indefeasible title of the land, deeds registration system is merely a registration of all important instruments
Legal instrument
Legal instrument is a legal term of art that is used for any formally executed written document that can be formally attributed to its author, records and formally expresses a legally enforceable act, process, or contractual duty, obligation, or right, and therefore evidences that act, process, or...
related to that land. In order to establish one's title to the land, a person (or usually their purchaser's attorney
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
) will have to ascertain , for example:
- all the title documents are properly executed;
- "a chain of title" is established, i.e. the proper ownerships from the granting of the land from the government to the present owner;
- there are no encumbrances on the land that probably will harm the title of the land.
Duty to give and show good title
Since, in contrast to the Torrens titleTorrens title
Torrens title is a system of land title where a register of land holdings maintained by the state guarantees an indefeasible title to those included in the register...
system, the registry is merely a record of all instruments related to the land, the "owner" as shown on the land registry record (or common known as "land search record" in Hong Kong) does not necessary mean that he has a "good title", which means a title that is not defeasible or potentially defeasible.
In a sale and purchase of land, a vendor is required to show a "good title" to the purchaser. Since the land search record is not conclusive, it leads to problems when a vendor has to prove his title, in particular when the land is old or involves multiple encumbrances. This may lead to litigation if the parties cannot agree on whether a good title is shown.
Relief from harsh system
As we have seen, the deeds registration system can be very harsh on the vendor's part, the law gradually relaxes the vendor's duty.In Hong Kong
Hong Kong
Hong Kong is one of two Special Administrative Regions of the People's Republic of China , the other being Macau. A city-state situated on China's south coast and enclosed by the Pearl River Delta and South China Sea, it is renowned for its expansive skyline and deep natural harbour...
, the vendor is generally only required to prove his title up to 15 years prior to the date of the sale and purchase. Further, various legislative measures relieve the vendor's duty. For example, the vendor can rely on assumption that a recital
Recital
A recital is a musical performance. It can highlight a single performer, sometimes accompanied by piano, or a performance of the works of a single composer.The invention of the solo piano recital has been attributed to Franz Liszt....
of an instrument referring to matters prior to 15-year-old is true.
In Ireland
Republic of Ireland
Ireland , described as the Republic of Ireland , is a sovereign state in Europe occupying approximately five-sixths of the island of the same name. Its capital is Dublin. Ireland, which had a population of 4.58 million in 2011, is a constitutional republic governed as a parliamentary democracy,...
a vendor has to produce "a good root of title" {usually a conveyance for value but some other instruments qualify also}. A purchaser cannot insist that the root of title be more than 40 years old and the practice is to only insist on a minimal 20 year period because there is a presumption that the recitals in a conveyance for valuable consideration are true if that conveyance is at least 20 years old.
Changing to title registration
Hong Kong, one of the very last places in the common law world to still maintain a deed registration system, finally passed the Lands Title Ordinance in 2004, which will see Hong Kong shift to the Torrens titleTorrens title
Torrens title is a system of land title where a register of land holdings maintained by the state guarantees an indefeasible title to those included in the register...
system. The law will be gradually implemented over a period of twelve years.
See Lands Title Ordinance
for the situation, in Ireland see http://www.landregistry.ie/