Deeds registration
Encyclopedia : D : DE : DEE : Deeds registration
|
| Property law |
|---|
| Part of the common law series |
| Acquisition of property |
| Gift · Adverse possession · Deed |
| Lost, mislaid, and abandoned property |
| Bailment · Licence |
| Estates in land |
| Allodial title · Fee simple |
| Life estate · Fee tail · Future interest |
| Concurrent estate · Leasehold estate |
| Condominiums |
| Conveyancing of interests in land |
| Bona fide purchaser · Torrens title |
| Estoppel by deed · Quitclaim deed |
| Mortgage · Equitable conversion |
| Action to quiet title |
| Limiting control over future use |
| Restraint on alienation |
| Rule against perpetuities |
| Rule in Shelley's Case |
| Doctrine of worthier title |
| Nonpossessory interest in land |
| Easement · Profit (real estate)>Profit |
| Covenant running with the land |
| Equitable servitude |
| Related topics |
| Fixtures · Waste (law)>Waste · Partition |
| Riparian water rights |
| Lateral and subjacent support |
| Assignment · Nemo dat |
| Other areas of the common law |
| Contract law · Tort law |
| Wills and trusts |
| Criminal Law · Evidence |
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 Hong Kong, still maintain such system.
In contrast of torrens title system in which basically the one who registered in a land registry as owner of a piece or parcel of land has an indefeasible title of the land, deeds registration system is merely a registration of all important instruments related to that land. In order to establish one's title to the land, he (or usually his purchaser's solicitor) will have to asscertain , for example:
- all the title documents are properly executed;
- "a chain of title" is established, i.e. the proper ownerships from the granting of the land from the government to the present owner;
- there are no encumbrances on the land that propably will harm the title of the land.
Duty to give and show good title
Since, in contrast to the torrens title system, the registry is merely a record of all instruments related to the land, the "owner" as shown on the land registry record (or common known as "land search record" in Hong Kong) does not necessary mean that he has a "good title", which means a title that is not defeasible or potentially defeasible.In a sale and purchase of land, a vendor is required to show a "good title" to the purchaser. Since the land search record is not conclusive, it leads to problems when a vendor has to prove his title, in particular when the land is old or involves multiple encumbrances. This may lead to litigation if the parties cannot agree on whether a good title is shown.
Relief from harsh system
As we have seen, the deeds registration system can be very harsh on the vendor's part, the law gradually relaxes the vendor's duty.In Hong Kong, the vendor is generally only required to prove his title up to 15 years prior to the date of the sale and purchase. Further, various legislative measure relives vendor's duty. For example, the vendor can rely on assumption that a recital of an instrument referring to matters prior to 15-year-old is true.
Changing to title registration
Hong Kong, one of the very last places in the common law world to still maintain a deed registration system, finally passed the Lands Title Ordinance in 2004, which will see Hong Kong shift to the torrens title system. The law will be gradually implemented over a period of twelve years.See [Lands Title Ordinance]
From Wikipedia, the Free Encyclopedia. Original article here. Support Wikipedia by contributing or donating.
All text is available under the terms of the GNU Free Documentation License See Wikipedia Copyrights for details.