Deeds Registration Research Articles

Foreign experience of providing public services by notaries in the field of state registration of property rights to immovable property

The scientific article is dedicated to highlighting the foreign experience of providing public services by notaries in the field of state registration of real property rights in the following countries: Bulgaria, Belarus, Russia, Poland, Czech Republic, Switzerland, Italy, Spain, Germany, France, USA, Australia, etc. As a result of the study of world experience, it was concluded that in order to effectively protect the rights to real estate of both private owners and the state, it is necessary to create a single registration system that will guarantee the reliability and transparency of the civil turnover of real estate. Ways of implementing foreign experience have been determined in order to improve the activities of the subjects of the public administration of Ukraine regarding the provision of public services by notaries in the field of state registration of property rights to immovable property. Attention is drawn to the fact that the Anglo-American system of registration of deeds regarding real estate objects consists in making an entry in the register at the free choice of the participants of the deed. It would be more appropriate to call this system a document accounting system, since registration is a technical operation. According to Anglo-American rules, the owner is the last bona fide purchaser of real estate. The transfer of ownership occurs as a result of the conclusion of the deed and possession of the object by the transferee. In the USA, the buyer must restore the entire chain of previous documents for the purchase of real estate. The deed can be declared invalid if the persons included or not included in the chain of transactions can assert rights to the real estate object. The lack of legal means is compensated by lawyers and insurance companies that specialize in checking the seller’s rights. Currently, the property loss insurance system is actively developing in the United States of America.

The Legal Certainty Of Waarmerking In Notarized Sale And Purchase Agreements: A Case Analysis Of Civil Proceedings (Case Research: District Court Decision No. 354/PDT.G/2019/PN.SDA)

The purpose of this research is to determine The Legal Certainty of Waarmerking in Notarized Sale and Purchase Agreements: A Case Analysis of Civil Proceedings (Case research: District Court Decision No. 354/Pdt.G/2019/PN.Sda). The research employed in this research is normative research, drawing from literature studies. Data collection techniques involve an extensive literature review. The outcomes indicate that a waarmerking agreement possesses robust legal evidentiary authority in civil cases, contingent upon the parties acknowledging the signatures within the agreement. This is attributed to the fact that the function of waarmerking deeds under the hand primarily ensures the accuracy of the date in the registration of deeds under the hand in a dedicated book within the notary office. In the Sidoarjo court decision, the waarmerking of the binding agreement of sale and purchase, once waarmerked, is deemed valid and binding for both parties by the judge. However, it is noteworthy that the binding agreement of sale and purchase, serving as the foundation for the lawsuit, fails to meet the essential criteria for a valid agreement concerning the specification of "a certain thing." The subject matter pledged in the agreement has undergone a transfer of ownership to a different entity. Consequently, the binding agreement of sale and purchase in the Sidoarjo Court's civil cases lacks legal evidentiary force, as it is deemed to fall short of meeting the essential requisites of the agreement. This situation introduces legal uncertainty for other parties currently exercising control over the land and building.

Transformation of Limited Partnership Regulations: Impact of Minister of Law and Human Rights Regulation No.17/2018, Registration Inequality, Tax Obligations, and Legal Consequences

The legal developments related to Limited Partnership (Persekutuan Komanditer or CV) in Indonesia, following the enactment of Regulation of the Minister of Law and Human Rights No. 17 of 2018, establish new tasks in the submission of name requests, registration of establishment deeds, and changes to the articles of association of CV through the Business Entity Administration System (SABU) and the Online Single Submission (OSS) application. In this research, employing a normative juridical and empirical approach with a descriptive-analytical method, the aim is to understand the impact of this regulation on the CV registration process and the legal status of previously registered CVs. Research findings highlight that the regulatory changes mandate new CVs to submit requests and re-register through SABU and OSS, using names already registered in the District Court according to the Commercial Code (KUHD). The legal status of existing CVs becomes invalid without electronic re-registration with the Ministry of Law and Human Rights. Regulation from Regulation of the Minister of Law and Human Rights No. 17 of 2018 also stipulates the obligation of CV registration through SABU and OSS, including the name reservation stage before the re-registration process. However, for CVs still registering through local courts, they are required to re-register, and in case of name similarities, they must change their CV names. Injustice is evident for CV owners registered earlier, resulting in losses as the name changes can impact widely recognized identities. In the context of CV tax obligations, compliance such as having a Taxpayer Identification Number (NPWP), Value Added Taxable Entrepreneur (PKP) status, accurate bookkeeping, self-assessment of Income Tax (PPh), collection and withholding of Income Tax, tax payment following procedures, and tax return (SPT) reporting is crucial. Through a tax violation case involving CV Mitra Sejati, it was found that the Semarang District Court imposed strict criminal sanctions in response to tax violations. This decision reflects the seriousness of enforcing tax laws and ensuring justice in the CV business environment in Indonesia.

Legal Certainty on Registration of the Transitional Deed of Transition of Land Rights by the Officer of Providering Provisional Land Deed

PPATS has the authority to make a legal product in the form of a deed of sale and purchase which is often contrary to applicable law, this is what makes PPATS considered incompetent in making a deed. And, compared to a Notary or PPAT who first went through the education level, and before obtaining his position through a long stage with an apprenticeship process at the Land Office/BPN and at the PPAT Office. This reality shows that the position of PPAT/Notary is better than PPATS. Seeing these conditions, it is necessary to have legal regulations that regulate the position of PPATS in carrying out their duties. Based on this, there are interesting legal issues to study, namely: 1). legal reasoning the authority of the Temporary Land Deed Making Official in registering the deed of transfer of land rights, 2). Is the registration of the deed of transfer of land rights registered by the Official Making the Temporary Land Deed in accordance with the provisions of PP Number 24 of 1997 concerning Land Registration and what is the concept of regulating the registration of the deed of transfer of land rights in accordance with the principle of legal certainty.

The Distinction between Real Rights and Personal Rights in the Deeds Registration System of South Africa – Part Two: Pragmatic Distinction between Real Rights and Personal Rights

The second part of this article deals with the pragmatic approach of the South African courts to determine whether a right is real and, therefore, registrable in the deeds registry. The courts use a two-fold test to distinguish between real and personal rights, namely the subtraction from the dominium test and the intention test. It is indicated that the first test focuses on the impact of the right under investigation upon ownership while the second test focuses on the intention of the parties regarding the nature of the right when it was created. The application of the subtraction from the dominium test by the courts is discussed against the backdrop of a newly suggested classification of entitlements of ownership of land that are relevant within the context of the registrability of real rights. It is concluded that the common law distinctions between personal and real rights, and between ownership and limited real rights, still provide a solid conceptual basis in post-apartheid South African property theory.

LAND REGISTRATION ACCELERATION IN INDONESIA: A LESSON-LEARNED GUIDELINE FROM LAND REGISTRATION ISSUES IN MALAYSIA

Every country has its land policy system. Indonesia employs deeds registration which refers to the Basic Agrarian Law (BAL) and Malaysia uses a title registration system called the National Land Code (NLC). Indonesia has yet to complete its land registration mandate throughout the country since the mandate was officially introduced in the BAL 1960. While Malaysia has adopted a Torrens system concerning land matters, recognising that land registration is everything. The first part of the paper focuses on beneficial ownership, confidential land ownership data, identifying land registration constraints and strengthening land administration abilities, while the second part focuses on land registration as a legal instrument and land rights ownership affirmation. The main question in this research is to analyse whether the quantity, quality and legal certainty guarantees of land registration are strongly influenced by a well-organised land registration system. Indonesia and Malaysia are still addressing weaknesses in their respective land registration systems based on issues. There is a need for improvement of roles from two main stakeholders, namely the government’s role in streamlining administration and the role of community participation in supporting successful land registration. This paper will also provide recommendations for academicians, government/institutional leaders, and legislators to assess and continuously strengthen the BAL as the fundamental principle of land law in Indonesia, especially in its land registration system and legal certainty over land registration.

LAND REGISTRATION ACCELERATION IN INDONESIA: A LESSON-LEARNED GUIDELINE FROM LAND REGISTRATION ISSUES IN MALAYSIA

Every country has its land policy system. Indonesia employs deeds registration which refers to the Basic Agrarian Law (BAL) and Malaysia uses a title registration system called the National Land Code (NLC). Indonesia has yet to complete its land registration mandate throughout the country since the mandate was officially introduced in the BAL 1960. While Malaysia has adopted a Torrens system concerning land matters, recognising that land registration is everything. The first part of the paper focuses on beneficial ownership, confidential land ownership data, identifying land registration constraints and strengthening land administration abilities, while the second part focuses on land registration as a legal instrument and land rights ownership affirmation. The main question in this research is to analyse whether the quantity, quality and legal certainty guarantees of land registration are strongly influenced by a well-organised land registration system. Indonesia and Malaysia are still addressing weaknesses in their respective land registration systems based on issues. There is a need for improvement of roles from two main stakeholders, namely the government’s role in streamlining administration and the role of community participation in supporting successful land registration. This paper will also provide recommendations for academicians, government/institutional leaders, and legislators to assess and continuously strengthen the BAL as the fundamental principle of land law in Indonesia, especially in its land registration system and legal certainty over land registration.

The Distinction between Real Rights and Personal Rights in the Deeds Registration System of South Africa – Part One: Statutory and Theoretical Distinction between Real Rights and Personal Rights

Real rights in respect of land are registrable in the deeds registration system of South Africa, while personal rights may not be registered. The Deeds Registries Act 47 of 1937, which allows an open system of real rights, does not define real rights and personal rights properly, and does not draw a distinction between such rights. In this article in two parts the view is expressed that the nature of these rights is determined by distinguishing real rights from personal rights, especially in terms of the doctrine of subjective rights, and by distinguishing between ownership and limited real rights by application of the subtraction from the dominium test (as supplemented by the intention test). Both fundamental distinctions are founded in the South African common law and still form the basis for a modern theory of real rights.

Domain-Driven Design applied to land administration system development: Lessons from the Netherlands

The introduction or renewal of information systems conventionally begins with data modelling. In the domain of land administration, like others, the process is challenging: complex laws and regulations, lengthy process descriptions, shared organisational responsibilities, differing information encodings and formats, and seeking compliance with the LADM ISO 19152 standard, must be considered. Between 2016 and 2018, The Netherlands’ Cadastre, Land Registry and Mapping Agency – in short, Kadaster – successfully undertook the renewal of the information system supporting its deeds registration. The previous system dated back to the 1980s. In-house data modelling specialists led the program, the most extensive undertaken in decades. Inspired by action-research principles, the process and resultant lessons are documented using a case study approach. It is shown that beyond Model Driven Architectures, other model-driven methodologies, such as Domain-Driven Design, are entirely useful in the land administration domain. A domain is usually more extensive than a few objects, and to make it more manageable, DDD divides a domain into subdomains. The DDD term ‘problem domain’ is used to define a functional area within a context such as an organisation or department. The terms domain in DDD and LADM have common characteristics as considering contexts such as a land registry and a cadastre. Evans (2003) and Vernon (2013) articulate how DDD is a set of design practices, techniques and fundamental principles, terms, and implications to facilitate the development of software projects within complex domains, used to guide software developers and domain experts to share and represent models of knowledge from the domain. In DDD, the ubiquitous language is also essential in intersecting the jargons between domain experts and IT experts. The LADM provides a formal language for describing similarities and differences for describing the many aspects of the land administration domain. The approach demands greater participation from domain experts: they lead modelling of the current state and its evolution: the events. The Annex N of ISO 19152 describes that LADM covers both event-based and state-based modelling via LA_Source and VersionedObject. The application of Event-Based Modelling and Event Sourcing is still relatively novel to the LA domain. Event Sourcing ensures that all current state changes are stored as a sequence of events, enabling querying and state reconstruction. The new information system is considered futureproof, delivering improvements for deed registration times, monitoring, traceability/auditing, history management and interoperability. Further research suggestions include undertaken Domain-Driven Design in other contexts, particularly those implementing LADM.

Proposed Regulations for Enforcement of the Purports of Binding Banking Documents in Rastin Banking

To facilitate and accelerate the enforcement of binding banking documents and distribute the enforcement burden of the registration offices of the State Organization for Registration of Deeds and Properties, courts, and judicial authorities, a new mechanism for “enforcement of the purports of binding banking documents in Rastin Banking” was designed. This mechanism can lead to positive and essential effects toward creating public trust in financial obligations and increasing the speed of collecting demands, in order to remove the problems resulting from enforcement of the purports of binding documents. In this paper, the proposed regulations are presented in two drafts of “The Bill for Enforcement of the Purports of Binding Banking documents in Rastin Banking” and “The Bylaw for Enforcement of the Purports of Binding Banking Documents and Handling Complaints against Executive Operations in Rastin Banking”.The newly designed method has been compiled considering all financial, legal, and executive issues. In the proposed regulations, a part of the executive path for enforcement of the purports of binding banking documents is transferred from the “Document Registration Unit” into a newly established unit called the “Bank Documents Execution Unit” (BDEU), located in every bank, and this new unit will follow the enforcement of the purports of binding banking documents, instead of the “Document Registration Unit”. All the legal necessities, the necessary cooperation with the judicial authorities, and the necessary procedures for hearing and settlement have all been designed to not let any spoiling of the rights of the parties, while also working efficiently.This procedure is a model that can be adapted for other countries, especially those countries that have a large number of legal disputes and the process of dispute settlement is very lengthy and cumbersome. Since the Administration of Justice is the main factor to promote all the other social and economic circumstances, the proposed model can prepare a way to improve the social and economic well-being.

Система реєстрації прав Торренса: її «принципи» і переважаючий принцип справедливості (Torrens System: Its 'Principles' and the Overriding Principle of Fairness)

Система реєстрації прав Торренса: її «принципи» і переважаючий принцип справедливості (Torrens System: Its 'Principles' and the Overriding Principle of Fairness)

PENDAFTARAN AKTA JUAL BELI YANG MELEBIHI JANGKA WAKTU PENDAFTARAN TANAH DI KANTOR AGRARIA DAN TATA RUANG/BADAN PERTANAHAN NASIONAL KOTA SEMARANG

Implementation Land registration in society is now the task of the State. Land registration is carried out by the government for the benefit of the people, as an effort to provide legal certainty in the field of land. The Land Registration is carried out by the Land Office, and in carrying out the tasks the Land Office is assisted by The Land Deed Official, to carry out the activities set forth in PP 24/1997.The formulation of the problem in this research are: 1) How is the regulation of the registration of the Deed of Sale and Purchase exceeding the period of registration of land for the realization of legal certainty ?; 2) What are the obstacles faced by the Land Deed Officer in relation to the deed of sale and purchase that exceeds the period of land registration, which is shown for the realization of legal certainty and how is the solution to the settlement?This research method using research approach that is juridical normative. The specifications of this study were descriptively analyzed. Methods of data collection in this study, can be obtained by library research.The result of the research says that 1. The legal arrangement of registration of Deed of Sale and Purchase exceeding the time period specified for the realization of legal certainty is where if the registration of sale and purchase certificate exceeds 7 days then it is requested more clearly to the local Land Office. 2. The obstacles faced by the Land Deed Authority in relation to the deed of sale and purchase that exceeds the period of land registration such as the lack of public awareness, the bad image of the National Land Agency and the rights base is different from the field data. To overcome these obstacles then the National Land Agency made a program such as doing counseling to the public and through the PRONA program.The conclusion of the research results suggests that the legal arrangement of registration of Sale and Purchase Deed beyond the time period specified for the realization of legal certainty is where if the registration of the deed of sale and purchase exceeds 7 days then applied more clearly to the local Land Office. Although the submission of the deed of sale and purchase of land to the Land Office as practiced by most of the Land Deed Officials is not in accordance with the applicable laws but does not result in the cancellation of the land and there is no legal provision stating that With the delay of submission of the deed of sale and purchase of the land makes the relevant deed null and void. Keywords: Deed of Sale and Purchase, Land Registration

Pengaruh Efektivitas Penerapan Permata (Pendaftaran Mandiri Akta Tanah) Terhadap Kualitas Pelayanan Publik Di Kantor Pertanahan Kota Semarang (Studi Kasus Di Kecamatan Semarang Selatan)

Public service is an activity that must be done by any government agency as a publik servant. Any effort were made toimprove the quality of service. One of wich in land affairs ministry in Semarang city. Increase claims to ground handling services, make lands service agency in Semarang City, the effort to improve the quality of service. One of which is implement a service that based on web or PERMATA (independent registration of land deed), with the hope can improving quality of service in Land Ofice of Semarang. This study aimed to analyze the influence of the effective application of PERMATA on the quality of services in the Land Office of Semarang. Assessment of each variable is done by PPAT (Land Deed Officer) as the use of PERMATA. This study uses a quantitative method to determine the effectiveness of PERMATA effect on the quality of public services, which involves 27 PPAT in the District of South Semarang. Based on the results of research show that, there is influence between the effectiveness of PERMATA on the quality of public services in the Land Office of Semarang, where the degree of influence that is calculated by the formula shown Kendall Tau Z count> Z table, that is 4.257> 1.96. In addition, test results of the coefficient of determination (KD) shows that the effectiveness of PERMATA effect of 21.3% on the quality of public services in the Land Office of Semarang. Based on these results the researchers concluded, that there is a positive influence between significan and effectiveness of PERMATA Implementation of the quality of public services. The recommendations given by the author that, should be increased maintenance of application, to reduce interference when the application is used, and need for training for officer to improve skill from the officer, when they use modern technologies.

The Potential Use of Cellular Phone Technology in Maintaining an Up-To-Date Register of Land Transactions for the Urban Poor

This article investigates the concept of using cell-phone technology for obtaining information about unofficial (off-register) transfers in land as are commonly undertaken by the urban poor in South Africa. Since the introduction of social housing programmes in South Africa after the democratic elections in 1994, mass land distribution and housing projects have been undertaken. Formal transfer of these properties has been discouraged by policy (such as a moratorium on transfers for a period of years), and the inaccessibility of land professionals and formal processes to the poor. From the disuse of formal transfer mechanisms one can conclude that these fail, at least in part, to meet the needs of this segment of society. Cell- (mobile) phone technology penetrates urban poverty more than other interactive technologies such as the internet, largely due to the lack of access to computers and the 'digital divide'. The aim of this article is exploratory. It investigates the potential use of cell-phone technology as a means to inform authorities that a transfer of property has taken place informally or semi-formally. Such information could pave the way for a process of formal registration and hence aid the upkeep of the deeds registration system. Research into the potential use of the cell-phone as an information and communication technology (ICT) tool of land administration, particularly in the developing world, is undertaken. It is envisaged that a more detailed investigation will follow, which will include an analysis of organisational and legislative capacity. Further study in which the use of cell-phone technology in land administration is tested, taking into consideration structural/organisational factors as well as socio-economic and cultural factors and motivating factors for use, may be required.

Property and Digitization: With Special Reference to NLRMP Scheme in India

The term ‘property’, is extraordinarily difficult to define. One of America’s foremost property law scholars even asserts that “[t]he question is unanswerable.” The problem arises because the legal meaning of “property” is quite different from the common meaning of the term. Land is a subject falling within the powers of the State Governments under the Constitution of India and hence, property laws in India may differ from State to State. Besides the local laws, several laws enacted by the Central Government also govern acquisition and ownership of property (including an interest in property) through purchase/sale, transfer, mortgage, inheritance or gift. Transfer of property other than agricultural land, registration of deeds and document fall in the Concurrent List. The scheme of Strengthening of Revenue Administration & Updating of Land Records (SRA& ULR) was launched in 1987-88 to help states and union territories in updating and maintaining land records, setting up survey and settlement organisations and strengthening the revenue machinery.The NLRMP is expected to provide a comprehensive database for development planning as well as regulatory and disaster management activities by providing location-specific information while providing citizen services based on land records. The data and the conclusive titles would also be linked to the development process such as credit institutions, land acquisition, rehabilitation & resettlement, land use planning, cropping pattern and food security, and other secondary data such as issue of various certificates.

‘DEEDS RECORDATION’ ‘TITLE REGISTRATION’. ROZWIąZANIA MODELOWE W ZAKRESIE REJESTRóW NIERUCHOMOŚCI W SYSTEMIE ‘COMMON LAW’

DEEDS REGISTRATION AND TITLE REGISTRATION: MODEL SOLUTIONS CONCERNING LAND REGISTRIES IN THE COMMON LAW SYSTEMSummary The aim of this article is to present the two main land registration models in the common law countries, i.e. deeds recordation and title registration, taking into account the broader historical perspective indicating their origins, evolution and developments, as well as the current state of legal regulations in the field of registration of interest in land. The system of deeds recordation is characterized on the basis of regulations adopted in the vast majority of the US states, whereas the title registration model is presented against the background of the Torrens system, the origins of which date back to 19th-century Australian legislation. From Australia this particular land registration system spread to other continents. A comparison is carried out of the two systems, taking into account their advantages and disadvantages, and the reasons for the global success of the title registration model are indicated. On the grounds of the regulations adopted in Scotland and the Republic of South Africa the author makes also an attempt to characterize the mixed systems, which are generally based on the deeds recordation model but emploi some solutions typical for the title registration system. Concluding the article, the author tries to indicate the particular characteristics of title registration model which could be a source of inspiration for the potential optimization of the Polish land registry system.

INVESTIGATING OF THE RELATIONSHIP BETWEEN ORGANIZATIONAL JUSTICE AND EMPLOYEES’ ORGANIZATIONAL COMMITMENT IN STATE ORGANIZATION FOR REGISTRATION OF DEEDS AND PROPERTIES, LORESTAN PROVINCE, IRAN, 2011

Perceived organizational justice is essential for the organizations’ effectiveness and individuals’ satisfaction so that the organization needs any efforts taken to realize it. On the other hand, organizational commitment is a critical factor for predicting individuals’ tendency to the organization’s survival that prevents investment waste. This research conducted with the purpose of studying the relationship between organizational justice and organizational commitment in registration of deeds and properties organization employees, Lorestan province, Iran in 2011. 170 employees selected by stratified random sampling method. Research data collected through demographic questionnaire, organizational justice (Moorman and Niehoff, 1993), and Allen and Mairosmith organizational commitment standard questionnaire (1993). Data statistically analyzed using simple correlation coefficient and multiple regression analysis through SPSS/v18 software. Results show that organizational justice and its three dimensions have significant and positive correlation with each organizational commitment dimensions including affective organizational commitment, normative organizational commitment, and continuance organizational commitment The results of multiple regression analysis also indicate that the three organizational justice including distributive organizational, procedural justice and interactional justice positively correlated with organizational commitment.

From Registration of Deeds to Registration of Title: A History of Land Registration in Scotland

The origins of land registration in Scotland lie in a series of statutes of the sixteenth century. A later Act of 1617, still in force today, set up a national system of deeds registration. There was a choice between registration in a local register or in a central register in Edinburgh (the General Register of Sasines); and registration was constitutive of the real rights which the deeds sought to create. From the beginning the registers were open to the public. These early developments were a source of national pride. Towards the end of the seventeenth century, for example, Sir George Mackenzie commented that ‘Scotland hath above all other Nations, by a serious and long experience, obviated most happily all frauds, by their publick Registers’. By the end of the nineteenth century, however, the pioneer country seemed in danger of being left behind. Beginning in South Australia in 1858, the ‘Torrens’ system of registration of title spread throughout the Australian colonies and then to many other parts of the British Empire. And in England, too, which had no national land register until the nineteenth century, the first hesitant steps were being taken for the introduction of registration of title. In the light of these developments, a Royal Commission was appointed in Scotland in 1906 to consider a switch from registration of deeds to registration of title but its members were unable to reach agreement. It was left to a second government committee, chaired by Lord Reid and reporting in 1963, to recommend the introduction of registration of title. The clinching argument was an expected reduction in transaction costs, and hence the prospect of cheaper conveyancing. Legislation to implement the Reid Committee’s recommendations was eventually passed in 1979. This paper explores the evolution of land registration in Scotland, analyses the key legal developments, and offers an evaluation of the move from registration of deeds to registration of title.

A CASE FOR TITLE INSURANCE IN THE SOUTH AFRICAN PROPERTY- REGISTRATION SYSTEM

Land and interests in land have traditionally been man’s most basic forms of wealth. As a result, many elaborate legal systems have evolved to protect this wealth and the rights associated with it. This has led to the establishment of the most recognized land registration systems, namely the title registration system (known as the Torrens system) and the deeds registration system. Both of these systems provide owners of land and lenders with protection regarding property ownership and financial interests in land. South Africa has chosen to adopt the deeds registration system with some elements of the title registration system. This system is hailed as among the best in the world, simply because the validity of ownership and interests in land are the responsibilities of conveyancing practitioners and land registration officials. However, such protection is not fully guaranteed. This paper discusses the possibility of introducing title insurance – a form of indemnity insurance which insures a person against financial loss from defects in title to immovable property and from the invalidity or unenforceability of mortgage liens – to protect the financial interests of both land owners and lenders in the property.

Cadastral system migration from deeds registration to titles registration: case study of Sri Lanka

Sri Lanka has two types of cadastral system operating in the country and is in the process of cadastral system migration from deeds registration to titles registration. The deeds system, which was introduced in 1863, is well established, and the titles registration system, the introduction of which is ongoing, was initiated in 1998. Expectedly, the deeds system has several drawbacks, while the titles system meets unexpected difficulties. The purpose of this paper is to give an overview and a comparative analysis of both systems, thereby suggesting options for improvement.