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06-08: How to Ensure Public Trust in Land Records?
Land and Property Rights Guaranteed and Protected
HM Land Registry, England and Wales, United Kingdom
Secure land tenure rights are widely accepted to be beneficial in a number of ways, in particular as important elements to support economic development, social justice and safe environments.
The presentation explores how that security, or the perception of that security, can be delivered at scale and is based on experience at HM Land Registry. It will describe how HM Land Registry delivers guaranteed and protected property rights in England and Wales and the aspects of its model which are capable of providing confidence in the market, inspiring trust in the land authority and could be applied in service delivery models in other countries to provide a fit for purpose land administration system, tailored to local conditions.
Overselling the Mirror and Curtain Principles of Land Titling
University of Twente, Netherlands, The
Two forms of the land registration component of land administration systems are normally distinguished: deeds registration and title registration. In the latter the register is supposed to reflect the correct legal situation (“mirror-principle”), and there is no need for further (historic) investigation beyond the register (“curtain principle”). In reality, as shown in recent student work, both these principles do not work out as simple as this sounds. The mirror is either very incomplete (allowing for overriding interests) or tends to put the title before reality, even if the title has been acquired through manipulation. The curtain is lifted, and buyers want easy (on-line) access to earlier transaction documents to verity themselves how the current right holder on the title came into that position. With the proclaimed advantages of title registration not real, and some disadvantages still there, also the legal framework of fit-for-purpose land administration needs to be rethought.
Reliable Data For Inclusive Land Administration Systems
Kadaster, Netherlands, The
Reliable Data For Inclusive Land Information Systems:
Verification and integration of land data from external sources
Why would a manager of authentic land data (like a national land agency) trust data that comes from external or ‘informal’ sources? How can we create conditions whereby integration of data from ‘informal’ sources may enrich and complement ‘formal’ sources as authentic data? How can we make sure society will benefit from the value created by ‘informal’ land data sets? How can these data sets be used successfully for a wider range of purposes than the original ones? The authors research the answers to these questions using experiences and evidence from practice in Benin, Namibia, Togo, Indonesia Suriname, Aruba and the Netherlands.
Land Registry, Mortgage Markets and Consumer Protection
IPRA-CINDER (International Property Registries Association), Spain
The modern systems of land Registration appeared during the XVIII and XIX Centuries linked to the mortgage market and cross border investment. The Registries originally organized as offices of mortgages evolved into property registries. As stated in the Prussian Mortgage Law the main aim of the Registry was to make easier the land credit and this was a model for many european countries. In order to achieve this goal the Land Registry no t only provides information about the encumbrances on a plot of Land but is an important tool to bring to an end the usurary credits, which links the Land Registry with the programs to fight poverty. In 2013 the European Union approved a Directive 93/13 CEE on unfair terms in consumer contracts. The Key question of this paper is to see if the Land Registry can play a decisive role in the enforcement of the Directive. This poses the problem of the organization of the Land Registries and the background of the people who perform function as registrars. Recent Sentences from the European Court of Justice have taken into account the problem of mortgage foreclosures, unfair clauses in mortgage contracts and unfair interests rates against consumers.