The Reimagination of Land Registration in the 21st Century

Posted by Julie Scott on June 9th, 2023

Efficient management of land and registration of any real estate property is a fundamental necessity for any developing or developed nation. It is essential for a variety of reasons. These include good governance, societal equality, and economic growth. It serves as the foundation for the functioning of the land and property market, and when flawed or non-existent can even lead to an array of complicated challenges.

When considering the significance of land registration, our focus tends to be on the concept of ownership. One suggested solution to the issue of poorly maintained records stemming from 19th-century documentation procedures is to switch from deed registration to title registration, which has been shown to offer numerous advantages.

Although it has certain drawbacks that are not widely recognized, geospatial surveying is not affected by any of these limitations. These limitations include an inability to rectify errors which is a significant worry with the rise in cybercrime, and a requirement for greater adaptability to ensure registers can maintain pace with changing societal and economic needs.

Comparing Land titles and deeds

Every registration system should have two main objectives as stated below: 

• To record the current status of the register, either through titles or by summarizing deeds with a search feature, 

To document and track any changes made to the register through Land Registry ID verification.

In the past, land registers only documented the legal details of any property transaction, known as deeds. Each deed was official proof that a transaction had occurred but did not prove ownership. A registrable deed in a land register would detail changes in the parties, rights, or land relationships but was only a record of that specific transaction and did not establish title.

When purchasing any property through the deeds register, a buyer must examine the title deeds, also known as the chain of title, to confirm the ownership history of the property. The legal details must be reassessed for each transaction, resulting in an updated title that includes rectified and invalidated deeds and is interpreted based on the current legislation. This process can be both time-consuming and expensive.

The method of Title by registration went a step ahead by directly enlisting the lawful outcomes. In this method, the title holds more significance in legal terms. Consequently, previous auxiliary documents may not be required, as the title can comprise all the significant legal particulars in the registry. 

If we were creating a system for registering titles today, would we use the same approach? However, the current registrar does not account for secondary interests. Hence, it allows governments to enforce limitations on land usage relating to building, pollution, and environmental management. These limitations are typically managed by government agencies outside of the Land Register. When a deed is modified, title registration ensures that all changes to parties, rights, and the land description are recorded and interpreted by the registrar during registration. 

The title comes with a cost

The implementation of a title registration system eliminated the requirement of verifying the authenticity of the title for every transaction, making it easier and more cost-effective. Therefore, ownership of the title is transferred through registration rather than by agreement between parties. If a person's name is registered as the owner via  id1 verification, even if the title history implies that another individual owns the property, that person is considered the legal owner.

The title is given more weight than the deeds in the registration systems, as it becomes the legal truth. Despite the knowledge that the deeds may contradict it, the title remains legally valid.