6. Land Registration
“Register” signifies formal record or list of names, acts or events maintained for
specific purpose
Registration, on the other hand is an act of recording some information or
events or names as that of birth, death, marriage etc.
J. C. D. Lawrence defines “Registration” as an act of compiling record of
information authoritatively for a specific purpose.
The basic requirement of register according to him are that:
• It should be authoritative i.e. the information recorded therein should
carry the authority of the government or other institutions legally
responsible for keeping the record,
• It should be complete i.e. it must provide complete information required
for that particular purpose, as such, must be kept up to date
• It should be valid i.e. the act of registration should carry the legal validity,
in other words the information recorded in the register must convey legal
proof, as those of birth, death or marriages etc. maintained by the
authority. Land register is similar record carrying legal validity.
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7. Land Registration
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Land
Registration
Land
Tenure
situation
Tenure
Security
FIG- ‘Land registration is the official recording of legally
recognized interests in land.’
“Land Registration systems provide the means for recognizing
formalized property rights, and for regulating the character &
transfer of these rights”
Types (in terms of process)
• First Registration / Adjudication
• Updating
8. Why Land Registration ?
Without registration complex transactions rather
risky; land market not very active
Registration system reduces uncertainty, but of
course against costs.
Systems often not designed to minimize these
costs (and use insurance principle)
Means for recognizing formalized property rights
Regulating character and transfer of rights
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9. Functions of Land Registry
Provide the means for recognizing formalized property
rights and regulating transfer of these rights.
Document certain interests in the land, including
information about the land and the person related to
this land.
Record mortgage information (separate registers in
some countries).
Provide documentary evidence required for resolving
land disputes.
Provide land information required for different public
functions (e.g., land valuation).
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10. Principles of Land Registration
1. Booking principle
Change in right gets effective only after booking.
2. Consent principle
Change in right is possible only after the permission of
existing right owner.
3. Principle of publicity
Register is publicly open for interested third party for good
faith (निष्ठा)
4. Principle of speciality
Parcel and owner are unambiguously(स्पष्ट रुपमा)
identified.
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11. Concept of First Registration
The land registration process starts from
adjudication. Adjudication is confirmation of parcels,
boundaries & rights in the field. After determining
parcels and boundaries, demarcation is carried out. In
the third step of land registration we do field survey
using survey instruments like tape, plane table, total
station etc. Recording is the next step of registration.
After recording we do confirmation by publishing notices
& land registration process is started on the basis of
existing proofs.
In the first registration process, register and maps
are prepared. Maps & field book are kept in the survey
offices and land register are handover to the land
revenue offices.
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12. Type of Land Registration Systems
1. Private Conveyancing
Transaction is not legally recorded / registered.
It is a system in which a seller and buyer exchange
documents without reference to any public register and
it does not provide any information to the state. Hence
it is considered as an inefficient and insecure system but
it is still in practice in many parts of Latin America.
Risk of Private Conveyancing
o Requires providing all previous deeds/documents.
o An ignorant person may destroy such valuable
documents.
o The documents may be destroyed due to natural
disaster.
o The document may be stolen.
o Someone may falsify the documents & sell the land
to an innocent third party.
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13. The transaction is officially recorded but does not ensure its
legal consequence.
A deed is an instrument in writing, prepared to affect rights
on land which is signed and dated by concerned authority.
It takes into effect from the time it is registered in the
registry.
The basic principle of the registration of deeds is that the
deed evidences dealings and registration gives the validity to
it.
Legal documents are registered.
The basic elements can be listed as :
• Logging of time of entry of a property document
• Indexing of the instrument
• Archiving of document or copy
Countries adopting deed registration system: France, Spain,
Italy, Belgium, Netherlands, some parts of North America,
Africa & Asia.
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2. Deed Registration
14. Core principles (compared to private conveyancing)
• Security: Registration of a document gives the interest holder
greater security that documents will not be lost or destroyed.
In most systems, a duplicate of the document is made and
thus there are two copies in existence;
• Evidence: Registration provides evidence but not assurance of
title. Although systems differ, the contents of the documents
(including parcel plans and descriptions) are examined only
superficially upon registration. To establish the validity of the
title and any restrictions on it, the history of the interest must
be traced through previous documents.
• Notice and priority: Registration of a document gives public
notice that a property interest may exist and, in most
jurisdictions, registration gives priority to interests in
documents registered first if the interest was acquired
without actual or constructive notice that an adverse interest
existed.
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15. Weakness of Deed Registration
• Deeds merely prove the fact that a transaction took
place, it doesn’t prove title.
• The object referring deed is not very well-defined.
• Stored deeds are poorly accessible.
Advantage of Deed Registration
• Documents can be recorded quickly & at lower cost
than under the title registration system.
• Less costly to establish & operate.
Characteristics of Existing Registration System or
Improved Deed System
• better records management
• standardization of forms and procedures
• realistic/flexible survey standards
• partial / sampling examination of documents
• compulsory registration
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16. 3. Title Registration
The transaction is officially recorded, legal consequences are
ensured and state guarantee is ensured
This system makes “land” as the basis of registration, as it cannot
be lost, stolen, or destroyed.
It is authoritative, systematic, and complete and contains right,
responsibility and restriction to which the register are subject.
Government accepts responsibility for the correctness of the entry
and compensates for any dealings adversely affected by the entry.
The transaction is officially recorded, legal consequences are
ensured and state guarantee is ensured
• overcome defects of registration of deeds
• simplify process of transaction
• the register describes current property
• ownership and charges/liens
• compulsory, examination, warranty
• register becomes ‘proof of ownership’
Countries adopting TRS: England, Ireland, Germany, Austria,
Switzerland, Egypt, Denmark, Sweden, Australia, New Zealand etc.
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17. Principles of Title Registration
A. ‘mirror principle’
• The register reflects accurately and completely the current state
of the title, although in practice there are many overriding
interests that are not shown in the register. To achieve the
mirror principle, the register must be based on parcels, not
documents, and an adequate description and identification of
each land unit is required. A certificate of title is issued to the
vendee in many systems.
B. ‘curtain principle’
• The register is the sole source of the title information; in theory
there is no need to check historical documents to verify the
information.
C. ‘insurance or guarantee principle’
• The Registrar is responsible for verifying the information
contained in the register and if an error occurs, an injured party
will be compensated for any loss. In many jurisdictions, a fee is
levied on each transaction to build a compensation (or
assurance) fund.
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18. Advantages of Title Registration
• Sure evidence
• Parcel based
• Little need of investigation
• Active registrars
• Indexing of document so easily accessible through parcel
identification number
Disadvantages of Title Registration
• Complex system
• Require high skilled personnel
• High initial capital
• Time consuming
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19. Comparison of Deed Vs Title
Deed Registration System
1. Simple system
2. Less secure & accurate
3. High skilled manpower is not
required
4. Less costly to establish & operate
5. Less time is needed
6. The chronologically stored deeds are
badly accessible.
7. It doesn’t prove title.
8. Less information to identify area.
9. Main principle: security, evidence,
notice & priority
Title Registration System
1. Complex system
2. High secure & accurate
3. High skilled manpower is required
4. High costly to establish & operate
5. Time consuming
6. Indexing of document, so easily
accessible through parcel
identification number.
7. It describes the current property
owner.
8. It is parcel based, so easily identified.
9. Main principle: mirror, curtain,
insurance/guarantee
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20. Process of Land Registration
1. Land Policy Control
• Different policies of government can affect property
transaction. The land use policy can provide rights of
pre-emption for land to the municipalities. Also land
policy may favor certain group of people at the expense
of others and their refusal is required to sale the
property to others.
2. Marketing
• Searching for possible buyer and seller, finding creditor,
negotiation on conditions of sale and judging possibility
of financing transaction are the main activities of this
step.
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21. Process of Land Registration
3. Pre-Contracting
• A preliminary contract of sale is often used to clarify the
terms of contract and bind the parties to work continuously
towards a final agreement.
4. Contracting
• Preparation of deed, financing or mortgaging, handover of
purchase amount and signing deed or contract are the main
activities of this step.
5. Registration
• This step comprises the legal scrutiny and other activities
associated with entering the change of ownership in a public
register. As a result, the transaction becomes transparent and
protected against the third parties (in many countries).
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22. Registration Process In Nepal
(Subedi, 2009): Improved Deed System
I. Marketing
1. Contacting real estate agent- land owner (vendor), real estate agent,
officer
2. Advertisement- real estate agent
3. Inspection of property and examining crediting options-
buyer and real estate agent
4. Examining creditworthiness and promising for loan- buyer,
banks or financial institutions
II. Pre-contracting
5. Agreement on conditions of sale- vendor, buyer and real estete agent
6. Signing pre-contract paper- vendor, buyer and two witnessed people
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23. Registration Process In Nepal
(Subedi, 2009): Improved Deed System
III. Payment of revenue & obtaining valuation report &
recommendation letter
7. Submitting application- Land owner- VDC/municipality
8. Verification and preparation of documents- Officer of Municipality or
Secretory of VDC
9. Payment of revenue- clerk of tax section Land Revenue Office
10. Issuing document- After payment of revenue
IV. Contracting
11. Preparation and signing of deeds- Lekhandas (conveyor) prepares deed,
vendor and buyer, banks or financial institutions, two witnessed peoples
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24. Registration Process In Nepal
(Subedi, 2009): Improved Deed System
V. Registration
12. Checking deed and documents- Kharidar (Junior Clerk) of registration Section
13. Checking records- Kharidar of record section
14. Registration of application (tokan lagaune)- Nayeb Subba (Sinior clerk) of
Registration Section registers in Tokan Kitab
15. Order for parcel sub-division- Nayeb Subba issues parcel sub-division order sends
deed of transfer to Survey Office
16. Registration of parcel-sub division order- Office Assistant registers parcel sub-
division order in Likhat Darta Kitab. – submits to Survey Officer (Naapi Adhikrit)
17. Order to the concerning section- Adhikrit orders to concerning section for parcel
sub-division
18. Checking deeds- Amin (Assistant surveyor) checks deed for detail information
19. Parcel identification and area check- Amin identifies parcel and checks area in
cadastral records(field book, plot Register and map)
20. Field verification- Amin invites the buyer and the owner of neighbouring parcels for
boundary verification. He prepares field notes (terij) also.
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25. Registration Process In Nepal
(Subedi, 2009): Improved Deed System
21. Parcel sub-division and temporary update- Amin prepares two copies of
parcel sub-division plan, subdivides the parcel and assigns new parcel number.
Updates map and plot register temporarily.
22. Checking parcel sub-division plan- Survey Inspector checks parcel sub-division
plan and then, surveyor (Sarbhechchhek) checks again and submits to Naapi Adhikrit
for final Approval.
23. Approval of Subdivision Plan- Naapi Adhikrit checks parcel sub-division plan.
Approves it, if it’s Correct.
24. Submission of parcel sub-division plan- Office Assistant records the parcel
sub-division plan and Sends to the Land Revenue office (two copies) with received
deed and documents.
25. Identification of vendor and buyer (Sanakhat Garaune)- after registration
in Tokan Kitab (whole transfer) and receiving parcel subdivision plan. Nayeb Subba
asks to vendor and buyer whether they agree. Vendor, buyer, guardian sign the deed
and then Nayeb Subba
26. Checking price- Kharidar of valuation section checks valuation report
27. Collection of registration fee- Kharidar of registration Section
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26. Registration Process In Nepal
(Subedi, 2009): Improved Deed System
28. Registration in deed register- Nayeb Subba registers the deed in Deed
Register (Likhat Darta Kitab) and assigns registration number. The Kharidar and
Naayeb Subba sign the deeds and submit to Land Revenue Officer (Malpot
Adhikrit) .
29. Registration- Land Revenue Officer
30. Updating record & preparation of ownership certificate- Kharidar
updates record & preparation of ownership certificate. The process known as
Dakhil Kharej. Then the records and certificate are certified by LR officer.
31. Issuing ownership certificate and registered deeds- Kharidar of
record section
32. Archiving deeds- Kharidar of Archiving section
33. Inking order- Subba issues inking order to Survey Office
34. Inking and updating cadastral records- After Inking order Amin updates
the parcel record and inks the map
35. Registrationof deed of mortgage
36. Payment of purchase sum
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27. Problems of Land Registration in Nepal
Lack of integrated land policy
Traditional & complex procedure
bureaucratic and technocratic demands on getting a
transfer finalized give extra transaction costs:
• many agencies and practitioners involved
• expensive surveying (precision, technology)
Involvement of many organizations
Poor management of land records
Manual data transfer system
Difficult to retrieve land information
Lack of skilled manpower
Land administration offices far from the many parts of
rural areas
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