Land registration
Encyclopedia
Land registration generally describes systems by which matters concerning ownership
, possession
or other rights in land
can be recorded (usually with a government
agency or department) to provide evidence of title
, facilitate transactions and to prevent unlawful disposal. The information recorded and the protection provided will vary by jurisdiction.
In common law
countries, particularly in jurisdiction
s in the Commonwealth of Nations
, when replacing the deeds registration
system, title registrations are broadly classified into two basic types: the Torrens title
system and the English system, a modified version of the Torrens system.
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.
, and two parallel registries are maintained: the Land Registry (Clárlann na Talún in Irish
) and the Registry of Deeds (Clárlann na nGníomhas).
The system in Ireland follows the English system, but with features typical of the Torrens system (for example, anyone can inspect the register). Robert Torrens
himself drafted the Record of Title (Ireland) Act, 1865 in order to record titles conveyed. The Landed Estates Court a register, the "Record of Title". While the record was not open to the public, the index could be inspected by anyone, today the index and folios can be viewed by anyone with an administration charge. Recording of title under the Act was voluntary and this was one of the reasons why the Act proved ineffective.
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 issued land certificates which are a state guarantee of the registered owner's good title up to 1 January 2007. Land Certificates have been abolished by virtue of Section 23 of the Registration of Deeds and Title Act, 2006. 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 since 1708 dealt with the registration of title deeds, mortgage documents and other documentation concerning unregistered land. 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 Property Registration Authority and have offices in Dublin, Waterford
and in Roscommon
. Since most of Ireland gained independence in 1922, the registries have dealt with the land in the 26 counties of the Republic of Ireland (formerly the Irish Free State
, 1922–37) only, the registers of land in Northern Ireland
now being administered by the Land and Property Services in the Northern Ireland Department of Finance and Personnel.
Recording of title under recent legislative changes is now compulsory. Public access to the index and folios is limited to individuals who have an account with the Property Registration Authority, alternative sources of this information for the public is from Land Registry Ireland
The Property Registration Authority in Ireland is connected to the European Land Information Service EULIS
.
under the Land Registration Act 1862, a register having operated for the county of Middlesex
(excluding the City of London
) since 1709. This voluntary national system proved ineffective and, following further attempts in 1875 and 1897, the present system was brought into force by the Land Registration Act 1925
. It is operated by HM Land Registry
.
Over time various areas of the country were designated areas of compulsory registration by order so in different parts of the country compulsory registration has been around longer than in others. The last order was made in 1990, so now virtually all transactions in land result in compulsory registration. One difference is land changing ownership after death, where land is gifted rather than sold; these became compulsorily registrable only in April 1998. Similarly it became compulsory to register land when a mortgage is created on it in 1998.
The Land Registration Act 2002
leaves the 1925 system substantially in place but enables the future compulsory introduction of electronic conveyancing using electronic signature
s to transfer and register property.
The Land Registry is connected to the European Land Information Service EULIS
.
Details of registrations are available to any person upon payment of the prescribed fees. Precautionary measures have been introduced in recent years to verify the identity of persons attempting to change records of title. No details will be on record for any land which has not had a relevant transaction recorded as will often occur if, for example, ownership was last transferred before the introduction of compulsory registration in a particular area.
Land registration commenced in Scotland with the creation of the Register of Sasines by the Registration Act 1617. The Land Registration (Scotland) Act 1979 introduced a new system which now records all changes of ownership of land and creation of new titles. The Registers of Scotland
agency is responsible for maintaining both the Register of Sasines and the new register.
Land registration in Northern Ireland
is operated by Land and Property Services, an executive agency within the Department of Finance and Personnel for Northern Ireland. Prior to 1 Apr 2007 it was dealt with by the Land Registers Northern Ireland government agency.
Ownership
Ownership is the state or fact of exclusive rights and control over property, which may be an object, land/real estate or intellectual property. Ownership involves multiple rights, collectively referred to as title, which may be separated and held by different parties. The concept of ownership has...
, possession
Possession
In law, possession is the control a person intentionally exercises toward a thing. In all cases, to possess something, a person must have an intention to possess it. A person may be in possession of some property...
or other rights in land
Real estate
In general use, esp. North American, 'real estate' is taken to mean "Property consisting of land and the buildings on it, along with its natural resources such as crops, minerals, or water; immovable property of this nature; an interest vested in this; an item of real property; buildings or...
can be recorded (usually with a government
Government
Government refers to the legislators, administrators, and arbitrators in the administrative bureaucracy who control a state at a given time, and to the system of government by which they are organized...
agency or department) to provide evidence of title
Title (property)
Title is a legal term for a bundle of rights in a piece of property in which a party may own either a legal interest or an equitable interest. The rights in the bundle may be separated and held by different parties. It may also refer to a formal document that serves as evidence of ownership...
, facilitate transactions and to prevent unlawful disposal. The information recorded and the protection provided will vary by jurisdiction.
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...
countries, particularly in jurisdiction
Jurisdiction
Jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...
s in the Commonwealth of Nations
Commonwealth of Nations
The Commonwealth of Nations, normally referred to as the Commonwealth and formerly known as the British Commonwealth, is an intergovernmental organisation of fifty-four independent member states...
, when replacing the deeds registration
Deeds registration
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...
system, title registrations are broadly classified into two basic types: the 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 and the English system, a modified version of the Torrens system.
Hong Kong
The Hong KongHong 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...
Land Registry
Land Registry (Hong Kong)
In Hong Kong, the Land Registry is a government department under the Development Bureau responsible for the administration of land registration...
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.
Ireland
Land registration is compulsory across all of IrelandRepublic 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 two parallel registries are maintained: the Land Registry (Clárlann na Talún in Irish
Irish language
Irish , also known as Irish Gaelic, is a Goidelic language of the Indo-European language family, originating in Ireland and historically spoken by the Irish people. Irish is now spoken as a first language by a minority of Irish people, as well as being a second language of a larger proportion of...
) and the Registry of Deeds (Clárlann na nGníomhas).
The system in Ireland follows the English system, but with features typical of the Torrens system (for example, anyone can inspect the register). Robert Torrens
Robert Torrens
Sir Robert Richard Torrens, GCMG was the third Premier of South Australia and a pioneer and author of simplified system of transferring land.-Early life:...
himself drafted the Record of Title (Ireland) Act, 1865 in order to record titles conveyed. The Landed Estates Court a register, the "Record of Title". While the record was not open to the public, the index could be inspected by anyone, today the index and folios can be viewed by anyone with an administration charge. Recording of title under the Act was voluntary and this was one of the reasons why the Act proved ineffective.
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 issued land certificates which are a state guarantee of the registered owner's good title up to 1 January 2007. Land Certificates have been abolished by virtue of Section 23 of the Registration of Deeds and Title Act, 2006. 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 since 1708 dealt with the registration of title deeds, mortgage documents and other documentation concerning unregistered land. 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 Property Registration Authority and have offices in Dublin, Waterford
Waterford
Waterford is a city in the South-East Region of Ireland. It is the oldest city in the country and fifth largest by population. Waterford City Council is the local government authority for the city and its immediate hinterland...
and in Roscommon
Roscommon
Roscommon is the county town of County Roscommon in Ireland. Its population at the 2006 census stood at 5,017 . The town is located near the junctions of the N60, N61 and N63 roads.-History:...
. Since most of Ireland gained independence in 1922, the registries have dealt with the land in the 26 counties of the Republic of Ireland (formerly the Irish Free State
Irish Free State
The Irish Free State was the state established as a Dominion on 6 December 1922 under the Anglo-Irish Treaty, signed by the British government and Irish representatives exactly twelve months beforehand...
, 1922–37) only, the registers of land in Northern Ireland
Northern Ireland
Northern Ireland is one of the four countries of the United Kingdom. Situated in the north-east of the island of Ireland, it shares a border with the Republic of Ireland to the south and west...
now being administered by the Land and Property Services in the Northern Ireland Department of Finance and Personnel.
Recording of title under recent legislative changes is now compulsory. Public access to the index and folios is limited to individuals who have an account with the Property Registration Authority, alternative sources of this information for the public is from Land Registry Ireland
The Property Registration Authority in Ireland is connected to the European Land Information Service EULIS
EULIS
The European Land Information Service provides direct access to official land registers in Europe. EULIS is owned by a consortium of member countries with expertise in the area of land registration, most of which are government organisations...
.
United Kingdom
A national system of land registration was first attempted in England and WalesEngland and Wales
England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...
under the Land Registration Act 1862, a register having operated for the county of Middlesex
Middlesex
Middlesex is one of the historic counties of England and the second smallest by area. The low-lying county contained the wealthy and politically independent City of London on its southern boundary and was dominated by it from a very early time...
(excluding the City of London
City of London
The City of London is a small area within Greater London, England. It is the historic core of London around which the modern conurbation grew and has held city status since time immemorial. The City’s boundaries have remained almost unchanged since the Middle Ages, and it is now only a tiny part of...
) since 1709. This voluntary national system proved ineffective and, following further attempts in 1875 and 1897, the present system was brought into force by the Land Registration Act 1925
Land Registration Act 1925
The Land Registration Act 1925 was a act of Parliament in the United Kingdom that codified and extended the system of land registration in England and Wales...
. It is operated by HM Land Registry
HM Land Registry
Land Registry is a non-ministerial government department and executive agency of the Government of the United Kingdom. It was created in 1862 to register the ownership of land and property in England and Wales...
.
Over time various areas of the country were designated areas of compulsory registration by order so in different parts of the country compulsory registration has been around longer than in others. The last order was made in 1990, so now virtually all transactions in land result in compulsory registration. One difference is land changing ownership after death, where land is gifted rather than sold; these became compulsorily registrable only in April 1998. Similarly it became compulsory to register land when a mortgage is created on it in 1998.
The Land Registration Act 2002
Land Registration Act 2002
The Land Registration Act 2002 is an Act of the Parliament of the United Kingdom which repealed and replaced previous legislation governing land registration, in particular the Land Registration Act 1925, which governed an earlier, though similar, system...
leaves the 1925 system substantially in place but enables the future compulsory introduction of electronic conveyancing using electronic signature
Electronic signature
An electronic signature, or e-signature, is any electronic means that indicates either that a person adopts the contents of an electronic message, or more broadly that the person who claims to have written a message is the one who wrote it . By comparison, a signature is a stylized script...
s to transfer and register property.
The Land Registry is connected to the European Land Information Service EULIS
EULIS
The European Land Information Service provides direct access to official land registers in Europe. EULIS is owned by a consortium of member countries with expertise in the area of land registration, most of which are government organisations...
.
Details of registrations are available to any person upon payment of the prescribed fees. Precautionary measures have been introduced in recent years to verify the identity of persons attempting to change records of title. No details will be on record for any land which has not had a relevant transaction recorded as will often occur if, for example, ownership was last transferred before the introduction of compulsory registration in a particular area.
Land registration commenced in Scotland with the creation of the Register of Sasines by the Registration Act 1617. The Land Registration (Scotland) Act 1979 introduced a new system which now records all changes of ownership of land and creation of new titles. The Registers of Scotland
Registers of Scotland
Registers of Scotland is the Scottish Government agency responsible for compiling and maintaining records relating to property and other legal documents in Scotland....
agency is responsible for maintaining both the Register of Sasines and the new register.
Land registration in Northern Ireland
Northern Ireland
Northern Ireland is one of the four countries of the United Kingdom. Situated in the north-east of the island of Ireland, it shares a border with the Republic of Ireland to the south and west...
is operated by Land and Property Services, an executive agency within the Department of Finance and Personnel for Northern Ireland. Prior to 1 Apr 2007 it was dealt with by the Land Registers Northern Ireland government agency.
United States of America
Land registration is a matter for individual states in the USA. Thus each state will define the officials, authorities, and their functions and duties with respect to the ownership of land within that state, as is more fully described in the specified main article.See also
- CadastreCadastreA cadastre , using a cadastral survey or cadastral map, is a comprehensive register of the metes-and-bounds real property of a country...
- DeedDeedA deed is any legal instrument in writing which passes, or affirms or confirms something which passes, an interest, right, or property and that is signed, attested, delivered, and in some jurisdictions sealed...
- Land terrierLand terrierA land terrier is a record system for an institution's land and property holdings. It differs from a land registry in that it is maintained for the organisation's own needs and may not be publicly accessible....
- Native titleNative titleNative title is the Australian version of the common law doctrine of aboriginal title.Native title is "the recognition by Australian law that some Indigenous people have rights and interests to their land that come from their traditional laws and customs"...
- Property lawProperty lawProperty law is the area of law that governs the various forms of ownership in real property and in personal property, within the common law legal system. In the civil law system, there is a division between movable and immovable property...
- Recorder of deedsRecorder of deedsRecorder of deeds is a government office tasked with maintaining public records and documents, especially records relating to real estate ownership that provide persons other than the owner of a property with real rights over that property.-Background:...
- SasineSasineSasine is the delivery of feudal property, typically land.Feudal property means immovable property, and includes everything that naturally goes with the property. For land, that would include such things as buildings, trees, and underground minerals...
- land titlingLand titlingLand titling is a form of land reform in which private individuals and families are given formal property rights for land which they have previously occupied informally or used on the basis of customary land tenure...