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March 8, 2014 |
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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 a 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:
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 a lot of problems when a vendor has to prove his title, in particular when the land is old or involves a lot of encumbrances. This leads to a lot of litigation when the parties cannot agree on whehter a good title is shown. 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. Hong Kong, one of the very last places in the common law world still maintain a deed registration system, finally passed a Lands Title Ordiance in 2004, which will see Hong Kong swift to the torrens title side. The law will be gradually implemented in tweleve years. See http://www.hklii.hk/hk/legis/en/ord/585/index.html Lands Title Ordiance Category: Property lawcategory:Hong Kong law This article is licensed under the GNU Free Documentation License. It uses material from the Wikipedia article "Deeds registration".
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