1. Land Administration Åse Christensen Polytechnic of Namibia, Namibia
Course Land Administration, Bachelor
Semester 5, March 2015
Lection 25 March

2. Agenda Deeds and title registration Adjudication of title to land
Boundaries
Cadastral surveying
Land parcel information

3. Deeds and title registration
Three systems for recording rights in land
Private conveyancing
Registration of deeds
Registration of title
Documents agreeing to the transfer of ownership are passed between seller and buyer – often guided by a lawyer
The state provides the legal framework within which the process takes place
Regarded as inefficient and dangerous and can be subject to fraud (due to lack of proof of true ownership)

4. Deeds and title registration
Registration of deeds
A copy of all agreements affecting the ownership of land must be registered at the deeds registry
Each doc is checked by a notary or lawyer who ascertains its validity
Need to search the previous transactions to ensure clear chain of title
Provides no guarantee of title (only provides access to history of transfers)

5. Deeds and title registration
Registration of title
Each land parcel is identified on a map and the rights associated with it are recorded in the register + the name of the owner
Ownership is guaranteed

6. Deeds / Title registration
System
Deeds system
Title system
Content
Who owns what?
What is owned by whom?
Register
A register of owners
A register of properties
Legal effect
Registration of the transfer.
Property is not guaranteed.
Registration of property rights.
Guaranteed by the state.
Players / participants
Notaries / lawyers / registrators
Lawyers / land surveyors
Cadastral role
Taxation
Identification and ensuring of rights
Property boundaries
Sketch for the title deed
Surveying (fixed) boundaries.
(General boundaries in UK)
Source: Enemark, 2005

7. … Deeds / Title registration
System
Land Registration
Cadastre
French
Deeds system
Registration of transfer
Property right is not guaranteed
Notaries/registrators, lawyers and insurance companies (US) plays a central role
Identification of parcels for taxation
Private land surveyors participate (France and US) or does not exist (Spain)
Cadastral registration is normally carried out subsequently
German
Title system
Land register is maintained by local courts
Registered rights are guaranteed by the state
Identification of parcels and real estate
Fixed boundaries determined by cadastral surveying by authorized land surveyors (private or public)
Cadastral registration is performed prior to securing rights in the land register
English
The land register is maintained by central authority (Land Registry)
Identification of the parcel is performed as a sketch attached to the title deed
General boundaries is shown on large scale topographical maps
Torrens
Land registry is maintained by central authority (Land Registry)
Identification of the parcel for use in the title deed
Fixed boundaries determined by cadastral survey by private land surveyors
Cadastral registration is integrated in the process of registration of rights
Source: Enemark , 2005

8. Adjudication of title to land
Land brought on to the register for the first time usually requires adjudication
The process whereby existing rights in parcels of land are finally and authoritatively determined
The first stage in registration of title to land in areas where ownership is not officially known
A prerequisite for land consolidation and redistribution to ensure existing owners are identified and treated fairly
Established what rights exist, by whom they are exercised and to what limitations they are subject – boundaries to be agreed on by adjoining parties

9. Boundaries
In a legal sense it’s a surface which defines where one landowner’s property ends and the next begins
Generally, the surface is vertical
Strata titles; i.e. in high-rise buildings, the surface may be horisontal

10. Boundaries Fixed Accurately surveyed
Describes a boundary corner point becoming fixed once agreement is reached
Considers also evidence on the ground
Subsequently, the register overrides whatever is on the ground

11. Boundaries
General
Legal boundary leaves the precise line of the legal boundary undetermined
No need of precise surveys but needs decent topographic plan
Most appropriate where development is mature; i.e. land use pattern is well established
Ownership can be registered without neighbour’s being consulted on precise boundary location
Less demanding standards of survey but still guaranteeing the title

12. Cadastral surveying
Survey regulations are to guarantee the accuracy of boundary surveys and apply quality controls of the cadastral surveyor
Prescribe the manner in which surveys are to be carried out and the standards to be reached + qualifications for licensing to undertake cadastral surveys
QA requires all operational procedures be documented in order to be able to held persons responsible to ensure fit for purpose work and meet needs of clients

13. Cadastral surveying
From legal perspective it requires prescribed qualifications of cadastral surveyors
Licensed surveyor should hold professional indemnity assurance to protect ordinary landowner

14. Land parcel information
Land recording have 2 components
Textual description of each property
Graphic representation or map usually containing dimensional information
Sometimes the graphic is kept separately from the text register

15. Land parcel information
Should be provided by law
Whether information is guaranteed
Whether marks of the ground take precedence over measurements recorded in the registers in case of disputes
Ownership info, type of tenure, existence of mortgages should be guaranteed by to prevent buyer from purchasing property already sworn as collateral

16. Land parcel information
By computerised systems linked via networks the ownership and protection of data becomes important
Need of laws laying down rights of access to data/ information; who is authorised to change registers; who can use the info and for which purposes

17. Land parcel information
Some countries have laws on data protection – others have freedom of information act
Balancing between the rights of citizens to privacy and the responsibility of the state to manage land in the best interest of the community