Working Party on Land Administration Athens Workshop May Theme 2 Legal Issues ‘Building a Land Registration System to support the Social and Economic needs of a country’ John Manthorpe Advisor to HM Land Registry former Chief Land Registrar for England and Wales

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 Purchase, Loan or other right Contract Adjudication*Registration*Updated Land Register* Search of land register*

“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

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

Visible impartiality

A framework of practical Laws Visible impartialityGovernment Agency

A framework of practical Laws Visible impartialityGovernment AgencyFinancial freedom

A framework of practical Laws Visible impartialityGovernment AgencyFinancial freedom Guaranteed register

A framework of practical Laws Visible impartialityGovernment AgencyFinancial freedom Guaranteed register Compensation paid for errors

A framework of practical Laws Visible impartialityGovernment AgencyFinancial freedom Guaranteed register Compensation paid for errors Clear Organisation

A framework of practical Laws Visible impartialityGovernment AgencyFinancial freedom Guaranteed register Compensation paid for errors Clear Organisation Affordable fees

A framework of practical Laws Visible impartialityGovernment AgencyFinancial freedom Guaranteed register Compensation paid for errors Clear Organisation Affordable fees Responsive to customer needs

A framework of practical Laws Visible impartialityGovernment AgencyFinancial freedom Guaranteed register Compensation paid for errors Clear Organisation Affordable fees Responsive to customer needs Delegated authority

A framework of practical Laws Visible impartialityGovernment AgencyFinancial freedom Guaranteed register Compensation paid for errors Clear Organisation Affordable fees Responsive to customer needs Delegated authority Trained and expert staff

A framework of practical Laws Visible impartialityGovernment AgencyFinancial freedom Guaranteed register Compensation paid for errors Clear Organisation Affordable fees Responsive to customer needs Delegated authority Trained and expert staff Good mapping records

A framework of practical Laws Visible impartialityGovernment AgencyFinancial freedom Guaranteed register Compensation paid for errors Clear Organisation Affordable fees Responsive to customer needs Delegated authority Trained and expert staff Good mapping records Simple procedures

A framework of practical Laws Visible impartialityGovernment AgencyFinancial freedom Guaranteed register Compensation paid for errors Clear Organisation Affordable fees Responsive to customer needs Delegated authority Trained and expert staff Good mapping records Simple procedures Good staff/ management relations

A framework of practical Laws Visible impartialityGovernment AgencyFinancial freedom Guaranteed register Compensation paid for errors Clear Organisation Affordable fees Responsive to customer needs Delegated authority Trained and expert staff Good mapping records Simple procedures Good staff/ management relations Computer based systems

A framework of practical Laws Visible impartialityGovernment AgencyFinancial freedom Guaranteed register Compensation paid for errors Clear Organisation Affordable fees Responsive to customer needs Delegated authority 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 impartialityGovernment AgencyFinancial freedom Guaranteed register Compensation paid for errors Clear Organisation Affordable fees Responsive to customer needs Delegated authority 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 impartialityGovernment AgencyFinancial freedom Guaranteed register Compensation paid for errors Clear Organisation Affordable fees Responsive to customer needs Delegated authority Trained and expert staff Good mapping records Simple procedures Good staff/ management relations Computer based systems Accurate accessible information Quick Service Public-private partnerships

A framework of practical Laws Visible impartialityGovernment AgencyFinancial freedom Guaranteed register Compensation paid for errors Clear Organisation Affordable fees Responsive to customer needs Delegated authority Trained and expert staff Good mapping records Simple procedures Good staff/ management relations Computer based systems Accurate accessible information Quick Service Public-private partnerships

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

A framework of practical Laws Visible impartialityGovernment AgencyFinancial freedom Guaranteed register Compensation paid for errors Clear Organisation Affordable fees Responsive to customer needs Delegated authority Trained and expert staff Good mapping records Simple procedures Good staff/ management relations Computer based systems Accurate accessible information Quick Service Public-private partnerships Good management

A framework of practical Laws Visible impartialityGovernment AgencyFinancial freedom Guaranteed register Compensation paid for errors Clear Organisation Affordable fees Responsive to customer needs Delegated authority Trained and expert staff Good mapping records Simple procedures Good staff/ management relations Computer based systems Accurate accessible information Quick Service Public-private partnerships Social stability and Economic success Good management

A framework of practical Laws Visible impartialityGovernment AgencyFinancial freedom Guaranteed register Compensation paid for errors Clear Organisation Affordable fees Responsive to customer needs Delegated authority Trained and expert staff Good mapping records Simple procedures Good staff/ management relations Computer based systems Accurate accessible information Quick Service Public-private partnerships 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 impartialityGovernment Agency Quick ServiceOn-line accessSimple procedures Guaranteed register Clear Organisation Computer based systems Compensation paid for errors Delegated authority Accurate accessible information Responsive to customer needs Trained and expert staff Good staff/ management relations Public-private partnerships 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 Theme 2 Legal Issues ‘Building a Land Registration System to support the Social and Economic needs of a country’ John Manthorpe Advisor 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