Land Registration System Research Articles

Nature of the Power of the Registrar of Titles: Judicial, Quasi-Judicial or Administrative

As a country with Torrens land registration system, the Registrar of Titles plays a key role in managing and maintaining the land registration in Malaysia. The powers and duties conferred upon the Registrar of Titles under the National Land Code 1965 are manifold, ranging from the power to conduct enquiries, the power to enter the Registrar’s caveat, the power to issue an arrest, the power to issue title and others. The nature of the power of the Registrar of Titles is often under judicial scrutiny due to the direct effect of the Registrar of Titles’ actions towards registration of instruments. The issue which seems to be fuddled is whether such power is considered as quasi-judicial or merely administrative? This paper undertakes to provide an answer to such a question. Content analysis will be used in this paper by evaluating the laws and case precedents in Malaysia and Australia. This paper concludes that due to the differences in the structure of the land administration organisation and also the provisions of the Malaysian National Land Code 1965 compared to those in Australia, there is a tendency for the courts in Malaysia to limit the nature of the power of the Registrar of Titles. Despite the myriad of powers and duties afforded to the Registrar of Titles in Malaysia, in reality, the powers are legally restricted and the position is merely considered as an automaton in the land registration system.

Analisis Yuridis Kekuatan Pembuktian Sertipikat Hak Milik sebagai Bukti Terkuat Dibandingkan dengan Bukti Hak Lainnya dalam Undang-Undang Pokok Agraria (Studi Putusan Mahkamah Agung Nomor 2064 K/Pdt/2014)

In agrarian, land is a part of the earth called earth surface. Regulations on land in this case do not necessarily refer to the regulations concerning all of its aspects, but only refers the regulatios on one of it aspects i.e. land in juridical definition named rights that produce two principles. The principles create 2 land registration system; namelt positive and negative publication system. A dispute over overlapping land ownership is found at Kelurahan Sukaraja, Medan Maimun Sub-district, Medan, North Sumatera Province. This case begins with lawsuit filed by the plaintiff. The object of this case is a piece of land with area of 1.080 m2 that is partly owned by Datuk Syahrial, but it has been seized and occupied by Lido Hamonangan Hutabarat without any permission from Datuk Syahrial. The land was acquired by the plaintiff from his parents grounded on a letter of notification, then Datuk Muhammad Tamin bin Datuk Rashtam acquired the land from his parents named Datuk Rashtam. However, the land and building on it are registered with the name of Lido Hamonangan Hutabarat who acquired it from plaintiff I grounded on a sale and purhace deed drawn up before a Notary, Roesli, in Medan. This case was submitted the favor of the plaintiff. This research employs Normative Juridical method and applies the theories of legal certainly and rights. The legal consequences for the verification strength of the land ownership certificate in this case is that the grant process seems ti be vague, whether it truly happened and whether it was actually handed by Datuk Mhd.Tamin or not. There is not any authentic evidence showing that there was actually a real grant (Grant Letter) from Datuk Mhd. Tamin to Datu Kamal. The analysis of the Supreme Court Verdict Number 2064K/Pdt/2014 is that the Land Act (the Laws on Basic Regulations on Agrarian Principles) regulates that it is necessary to look into the process of receiving the grant, whether or not the transfer of the land ownership right or the grand has been in line with Chapter IV Article 210 of the Islamic Law Compilation.

LEGAL PROPERTIES OF INDEMNITY AS PREVENTION OF OWNERSHIP AND IMPLEMENTATION OF CONVERSION OF LAND RIGHTS BASED ON LAW NUMBER 5 YEAR 1960 CONCERNING AGRARY BASICS

Many lands have not been registered or have not had a certificate but have been owned by community members with evidence of a land certificate issued by the village head. These unregistered lands are generally found in rural areas where a village head's land certificate only proves land ownership rights. This study questions the concept of the basis for the Indemnity Certificate as the initial evidence of the implementation of the Conversion of SKGR legal status as preliminary evidence of performance and legal protection against the holder of the indemnity certificate in the implementation of the transformation based on Law No. 5 of 1960 concerning the Agrarian Principles. The research method used is descriptive analysis with normative juridical research specifications. Secondary data as primary legal material, the research stage in the form of literature study and field data and data collection techniques used in the form of literature study and to complete data are used field data, data analysis used is in the form of linking legal theory with one statutory regulation with one another. Research Results from the concept of a title in the form of a Compensation Certificate as the initial evidence of the implementation of the Conversion Based on Law No. 5 of 1960 concerning Agrarian Principles, this compensation certificate is made by interested parties, namely the party whose land is compensated and the party giving the loss (the buyer). The concept is quite simple, starting with the head of the local community's testimony, then it is found out by the Village Head that it was confirmed by the and witnesses. Legal Status of Indemnity Certificate as Preliminary Evidence of the implementation of the Conversion based on Law No. 5 of 1960 concerning Agrarian Principles, every holder of a Compensation Certificate is obliged to convert the base of their rights in the land registration system. Preventive legal protection provided to Land Ownership Certificate Holders in good faith, which is regulated in the provisions of Article 32 paragraph (1) and paragraph (2) of Government Regulation Number 24 of 1997 concerning Land Registration which states that: Paragraph (1): certificate is a proof of rights which is valid as a powerful means of burden proof.

Improvement of cadastral information provisioning system in an administrative region

Improvement of the land cadastre information system in the administrative district will make more efficient use of the land fund. More than 42,000 land users in Kibray, which is the object of the research, can quickly manage land resources through the creation of land information systems. As a result, the use of specialized software at the district level increases the quality of the specialists’ work compared to traditional methods, and time consuming 3 and 5 times the amount of data transmission to consumers. The collected and regulated data will serve as the main source of the unified system of land registration in Kibray district and the creation of a special land fund and its rational distribution among land users. The method developed to compile a digital cadastre map based on an example of an administrative district is the basis for the registration of land parcel and, in turn, the land fund distribution. Information on the state of land resources is mainly collected in the State Land Cadastre. Registration of the rights to the land parcel, the main component of which is the re-registration of new land users and the existing ones, requires the most up-to-date information on the land cadastre.

Why Blockchain Technology Will Never Replace The Land Registry Office

Many innovation enthusiasts bask the virtues of the idea of applying Blockchain to create an autonomous decentralized land registration system. I argue that this idea appears to run counter to the basic characteristics of real estate market and therefore is undesirable. Though Blockchain has several other technological advantages, most of them can be achieved through existing alternatives that challenge the logic of adopting a riskier technology with many drawbacks and unknowns.

REALIZATION OF THE GENERAL CADASTRE IN CHINTENI COMMUNE, CLUJ COUNTY

The paper aims to analyze the necessary works, which were carried out in order to carry out the general cadastre, at the level of Chinteni commune, Cluj County. The general (systematic) cadastre is made by measuring all real estate (land with or without construction) within a territorial administrative unit or a cadastral sector, identifying all owners and other holders of real or personal rights over real estate, simultaneously with the opening of books land for all buildings, operations carried out in a single procedure for the entire cadastral sector or for the entire territorial administrative unit. The implementation of the National Cadastre and Land Registry Plan (PNCCF) brings a series of concrete benefits, starting with the free registration of all real estate in Romania in the integrated cadastre and land registry system, including real estate owned without documents, in favor of de facto owners.

Land Registration Concepts in Translation

Land registration systems are used throughout the world in order to store information on the ownership of land, rights attached to it, and burdens affecting it. A smoothly functioning land registration system guarantees the security of land transfer operations. However, there are significant differences in the way national land registration systems are run due to their historical development and divergent legislative approaches to land registration. Consequently, the need arises to compare different systems so as to find both common ground and discrepancies between them. The paper contains such a comparative analysis which has been carried out with translation in mind: to discover the best ways of transferring land registration legal concepts expressed in one linguistic framework and characteristic of a given legal culture into target legal spaces using other linguistic frameworks. The comparison in question has taken place in a third space, a space where selected aspects of selected legal systems mingle revealing more or less clear similarities and more or less distinct differences between them. The juxtaposition of source and target legal cultures in a third space has resulted in finding translation equivalents that do not abuse (traumatize) the original ideas or—if this has been unavoidable—abuse them to the smallest extent possible. The analysis has covered the Polish land registration system and equivalent systems in English- and German-speaking countries (England and Wales, Scotland, Northern Ireland, Ireland, the USA, Austria, Germany, Switzerland) and has been conducted from the point of view of a Polish-English and Polish-German translator.

Land Administration Reforms: Institutional Design for Land Registration System in Ghana

Securing land rights and the rationalisation of the debate on formalisation of land rights through titling have been the focus of many scholars for some time now. At least, there is consensus among most scholars that land registration is one of the ways of addressing these issues and that current land registration system in most developing countries needs reforms. This paper examines the design and implementation processes of land registration reforms in Ghana. Using the Greater Accra Regional Lands Commission as a case study and institutional design theories, the article analysed how land registration reforms were design and implemented. The paper shows that the design strategies for the reforms were harmonisation of policies and laws and organisation restructuring at the organisational and process levels, but staff resistance to change led to implementation flaws. The paper recommends that institution design of land registration reforms must be combined with the theory of change where all staff are taken through the new organisation’s work ethics and attitudinal change processes adequately.

A New Approach to Land Registry System in Turkey: Blockchain-Based System Proposal

Blockchain is an emerging technology whose extraordinary advantages make it popular. Blockchain applications are not limited to cryptocurrencies; it can be used in many areas, including smart ownership. Blockchain-based land registry systems have great potential thanks to their advantages of high-level security and no intermediary transactions. Although the requirements of land registry systems vary by country, common to all of them are the eye-catching advantages and conveniences that a blockchain-based system brings. We examined the process used in Turkey, which consists of eight steps, identified the participants of the system, and generated a blockchain-based land registry system for Turkey. This article explains that proposed blockchain-based land registry system, configured for the local requirements of Turkey.

When Tradition Meets Modernity in Land Registration: Evidence from Dagbon, Ghana

Development practice over recent years in much of Africa prioritized formalization of land policies deemed to enhance better handling and use of land as an asset for social development. Following this trend, land reform policy in Ghana was based on a pluralistic legal system in which both the customary land tenure system and the statutory system of land ownership and control co-exist by law. The primary research question for this study was the following: What implications emerge when customary land tenure system and the statutory system of land ownership and control co-exist in law? The study discussed the prospects and challenges of land title registration and the meaning of the new organizing concept in land ownership and administration among the people of Dagbon in the northern region of Ghana. The principal aim of the study was to assess the challenges of the implementation of a modern land registration system over a deeply traditional one. A qualitative research methodology was used and included qualitative descriptive analysis. This descriptive-analytical study was carried out to investigate opinions on the implications of the merger and preferred options for redress of any systemic challenges. It employed Focused Group Discussions (FGDs) to supplement in-depth interviews. Interviews were conducted among 40 key participants within formal and informal institutions including officials from both the Land Commission and Town and Country Planning Departments. Purposeful sampling was employed, and an interview guide was developed and used for collecting the data. Data were analyzed using a thematic approach. The results showed that in this structural reform, the ‘allodial title’ holder was much more trusted for tenure security because of the traditional legitimacy of the King as the sole owner and controller of land. The title registration system therefore principally served the secondary purpose as additional security. The findings indicate that in the circumstance where the law was seen as pliable, the policy engendered blurred and confusing effects that deepened the sense of ambiguity and outcomes were sometimes contradictory. We argued that the crossroads presented challenges that were novel and engendered innovative thinking for more appropriate solutions. The study revealed that policy reforms must be tailor-made to the physical, social, cultural and economic settings.

Blockchain-based framework for secure and reliable land registry system

The land registry system is one of the very important department in any governance system that stores the records of land ownership. There are various issues and loopholes in the existing system that give rise to corruption and disputes. This requires a significant chunk of valuable government resources from judiciary and law enforcement agencies in settling these issues. Blockchain technology has the potential to counter these loopholes and sort out the issues related with land registry system like tempering of records, trading of the same piece of land to more than one buyer. In this paper, a secure and reliable framework for land registry system using Blockchain has been proposed. The proposed framework uses the concept of smart contract at various stages of the land registry and gives an algorithm for pre-agreement. First, we describe the conventional land registry system and reviews the issues in it. Then, we outline the potential benefits of employing Blockchain technology in the land registry system and presented a framework. Finally, a number of case studies are presented.

Achievements and Gaps in the Application of the Land Registration System in ANRS: The Case of West Gojjam Zone

Land registration system has been put in place in the rural areas of Amhara National Regional State (ANRS) since 2002. The courts in the regional state decide on land disputes based on land information obtained from the land administration offices. These offices are expected to supply the information available at the land registration system. However, land administration and use offices often get the information directly from the public on an individual case basis following order from a court. This is mainly attributable to the low level of using the land registration system in the region by the land administration offices and legal professionals. The land registration system is not used to its maximum potential to alleviate the problem of land dispute. A case study approach is used in this article, and five rural woredas were purposively chosen because of high prevalence of land disputes. Questionnaires, focus group discussions (FGDs) and court cases are used. The research indicates the need for a strong institutional and regulatory mechanism of land management in ANRS.

Factors impacting on effective implementation of land title registration – a perspective from Ghana

Many governments across Sub Saharan Africa are in the process of introducing or improving land registration and formal titling systems. One of the stated aims is to achieve modern land information management in order to facilitate the development of the land market. It is often assumed that, because formal systems and institutions have enjoyed some positive outcomes in terms of realising wealth in developed countries, they will succeed equally well in developing economies. However, findings from empirical studies across several developing countries show that the performance of formal land registration systems has been mixed. Relying on empirical data from two major cities in Ghana, this paper examines the operations of land registration system with particular reference to its land information management aspects. The analysis shows that a divergence in the implementation of principles of the legal framework and organisational challenges are major contributory factors to deficiencies in the land information regime of the land registration system. Hence, there is a need for effective implementation of well-crafted and functional legal frameworks for land registration, to ensure that the principles and operations of land registration are locally relevant and sensitive. To address the inadequate organisational capacity there is a need to improve the capacity of the human resource base of the officials of the formal land administration sector. The procedure for land registration must also be streamlined in order to eliminate unnecessary requirements and thereby reduce the transaction time, costs of registration and frustration of clients.

Juridical Review of The Complete Systematic Land Registration in Indonesia

The Complete Systematic Land Registration (PTSL) activity is a Government program to achieve legal certainty and the existence of a single map in Indonesia. Therefore, the target of PTSL is land that does not have a certificate in one village. Prior to the PTSL activity, there was an activity called the National Agrarian Operation Project (PRONA). These activities were not successful, so there was a new land registration system called PTSL. The methods used in this research are normative and empirical juridical methods. The results of a study on the implementation of Complete Systematic Land Registration (PTSL) in Indonesia show that it has provided legal certainty to land owners. However, in implementing PTSL in Indonesia, there are still obstacles in the implementation of PTSL. These obstacles include the lack of adequate human resources to support the implementation of PTSL, the lack of facilities and infrastructure for implementing PTSL in the regions, the lack of full support from the community for PTSL activities, and the large tax costs on land owned by the community. Keywords: juridical review, complete systematic registration, legal certainty DOI: 10.7176/JLPG/101-18 Publication date: September 30 th 2020

Cadastral Surveyor in Land Registration System in Indonesia: A Current Developments

The spearhead of collecting physical data in the process of land registration is the measurement activity carried out by the measurement officer or known as the Cadaster Surveyor. Cadastral measurement is the main activity that determines the quality of land data. One of the guarantees of legal certainty in land registration is the assurance of certainty of physical data consisting of data on the location of boundaries and area of land. This research is a descriptive qualitative normative juridical law study which analyzes the study of legal changes related to the role and expansion of the cadastral surveyor's authority in the land registration system. In an effort to realize the accuracy of physical data in the form of the location and size of land parcels to accelerate land registration and land services, it is necessary to expand the authority and a strong legal umbrella. The authority according to the prevailing laws and regulations is very limited. To extend the licensed surveyor's authority as a form of community participation in the land registration system, there are several strategic steps that must be taken, one of which is the change / revision of legislation related to the land registration system, namely the need for new articles or the addition of new paragraphs in certain articles on The Basic Agrarian Law and Government Regulations regarding land registration.

Pemanfaatan Teknologi Unmanned Aerial Vehicle (UAV) untuk Pemetaan Kadaster

Abstract: Geospatial data (on horizontal and vertical positions) play an important role in decision making.Regarding that, the issue of funds, diversity of areas, human resources, and non-updated data become great obstacles. This study aims to examine the technological capabilities of Unmanned Aerial Vehicles (UAVs) or Unmanned Aircraft in acquiring and updating geospatial data, evaluating and inspecting changes in the conversion of agricultural land and the environment, as well as describing orthophoto extraction opportunities in digital services based on multipurpose cadastre. This research used a model combination method (concurrent triangulation). Several alternative requirements were derived to design methods of mapping, processing and controlling the quality of application to the concept of Fit For Purpose Land Administration (FFP-LA), and layering with Geographic Information Systems (GIS). The final product of this system is effective to produce and update land base map, evaluate and inspect changes in the conversion of land functions as well as facilitate digital services. The availability of open source software efficiently extracts and combines terrestrial and photogrammetric mapping products in real time and has the opportunity to realize multipurpose cadastre. The involvement of local human resources is applied to ensure legal certainty in the land registration system as well as to improve and strengthen the management of agrarian resourcesAbstract: Geospatial data (on horizontal and vertical positions) play an important role in decision making.Regarding that, the issue of funds, diversity of areas, human resources, and non-updated data become great obstacles. This study aims to examine the technological capabilities of Unmanned Aerial Vehicles (UAVs) or Unmanned Aircraft in acquiring and updating geospatial data, evaluating and inspecting changes in the conversion of agricultural land and the environment, as well as describing orthophoto extraction opportunities in digital services based on multipurpose cadastre. This research used a model combination method (concurrent triangulation). Several alternative requirements were derived to design methods of mapping, processing and controlling the quality of application to the concept of Fit For Purpose Land Administration (FFP-LA), and layering with Geographic Information Systems (GIS). The final product of this system is effective to produce and update land base map, evaluate and inspect changes in the conversion of land functions as well as facilitate digital services. The availability of open source software efficiently extracts and combines terrestrial and photogrammetric mapping products in real time and has the opportunity to realize multipurpose cadastre. The involvement of local human resources is applied to ensure legal certainty in the land registration system as well as to improve and strengthen the management of agrarian resources

DEVELOPMENT OF A GIS-BASED LAND REGISTRY SYSTEM FOR THE GAZA STRIP

Gaza Strip suffers from a lack of advanced techniques that help and support land registration such as GIS technology. The currently-used-system for land registration in the Gaza Strip is extremely traditional and not able to meet the increasing demand. Conflicts between data on maps and on ground are frequently faced and decisions relating to these problems cannot easily be made. Such an out of date system leads to difficulties in tracking and updating land owners and identifying the actual current owners. This research aims to suggest a new automatic land registration system in the Gaza Strip. Through a multi users unified database with identified access per each user, this new system will ease land registration for both Gaza citizens as well as the Palestinian Land Authority's (PLA) employees. A user-friendly web-based GIS tool is developed to accelerate the land registration process, in addition to providing a decision support system through easily managing and interpreting attribute and spatial data in a precise logical way. The aforementioned new developed tools will create and maintain an accurate, secure and comprehensive land registration system in the Gaza Strip.

Europejskie inicjatywy na rzecz integracji rejestrów nieruchomości i rozwoju transgranicznego obrotu nieruchomościami

Sprawnie funkcjonujące rejestry nieruchomości zapewniające dostępność informacji o nieruchomościach odgrywają kluczową rolę w rozwoju transgranicznego obrotu nieruchomościami, który wchodzi w zakres swobody przepływu kapitału w Unii Europejskiej. Ze względu na znaczny stopień zróżnicowania istniejących w państwach europejskich systemów rejestracji nieruchomości nie zostały one dotychczas bezpośrednio poddane harmonizacji. Niemniej podejmowane są wysiłki zmierzające do zacieśnienia współpracy między krajowymi organami prowadzącymi rejestry nieruchomości, czemu szczególnie sprzyjają wspólne tendencje rozwojowe w dziedzinie informatyzacji. Niniejsze opracowanie zawiera przegląd założeń i efektów wybranych projektów informatycznych realizowanych na poziomie europejskim w celu usprawnienia transgranicznego obrotu nieruchomościami poprzez utworzenie sieci rejestrów nieruchomości. Na tej podstawie podjęto próbę oceny efektywności dotychczasowych tego typu inicjatyw, a także perspektyw pogłębienia integracji rynków nieruchomości.

Evaluation of the Current Land Registration System in the Gaza Strip

The increasing demand on land in Palestine has been significantly increasing from time to time by the ever rapidly growing need of the human and livestock population. It may be known that there are some troubles facing the decision makers regarding managing and utilizing the available data in some of the governmental organizations, especially in the Gaza Strip. In addition to, what the local residents in it are facing in identifying their land properties' borders and what the municipalities are facing regarding maps and drawings. Moreover, the Gaza Strip suffers from the lack of advanced techniques that may help and support land registration such as GIS technology. Palestinian Land Authority, PLA, in the Gaza Strip starts using GIS since 2007, and that is limited by the dealings that are being accomplished, as it is all about just drawing the piece of land and recording its owner's name, in addition to the basic data regarding to the land itself and its owner. This study aims to evaluate the currently-used system for land registry in the Gaza Strip. It is concluded that this system for land information, in general, and land registry, in particular, is extremely traditional and mainly paper based procedure. It is strongly recommended to be developed in order to reflect the changes occurred regarding land information management.

Evaluation of the Current Land Registration System in the Gaza Strip

The increasing demand on land in Palestine has been significantly increasing from time to time by the ever rapidly growing need of the human and livestock population. It may be known that there are some troubles facing the decision makers regarding managing and utilizing the available data in some of the governmental organizations, especially in the Gaza Strip. In addition to, what the local residents in it are facing in identifying their land properties' borders and what the municipalities are facing regarding maps and drawings. Moreover, the Gaza Strip suffers from the lack of advanced techniques that may help and support land registration such as GIS technology. Palestinian Land Authority, PLA, in the Gaza Strip starts using GIS since 2007, and that is limited by the dealings that are being accomplished, as it is all about just drawing the piece of land and recording its owner's name, in addition to the basic data regarding to the land itself and its owner. This study aims to evaluate the currently-used system for land registry in the Gaza Strip. It is concluded that this system for land information, in general, and land registry, in particular, is extremely traditional and mainly paper based procedure. It is strongly recommended to be developed in order to reflect the changes occurred regarding land information management.