Land registration generally describes systems by which matters concerning ownership, possession or other rights in Real estate can be recorded (usually with a government agency or department) to provide evidence of title, facilitate transactions and to prevent unlawful disposal. The information recorded and the protection provided will vary by jurisdiction.
In common law countries, particularly in in the Commonwealth of Nations, when replacing the deeds registration system, title registrations are broadly classified into two basic types: the Torrens title system and the English system, a modified version of the Torrens system.Lyall, Andrew. Land Law In Ireland. ; Ch. 24
The system in Ireland follows the English system, but with features typical of the Torrens system (for example, anyone can inspect the register). Robert Torrens himself drafted the Record of Title (Ireland) Act, 1865 in order to record titles conveyed. The Landed Estates Court a register, the "Record of Title". While the record was not open to the public, the index could be inspected by anyone, today the index and folios can be viewed by anyone with an administration charge. Recording of title under the Act was voluntary and this was one of the reasons why the Act proved ineffective.
The Land Registry has been dealing with the registration of all transactions (purchase, sale, Mortgage law, remortgage and other burdens) concerning registered land since 1892, and issued land certificates which are a state guarantee of the registered owner's good title up to 1 January 2007. Land Certificates have been abolished by virtue of Section 23 of the Registration of Deeds and Title Act, 2006. Every piece of land in the register — which is arranged by county — is granted a folio number, under which all transactions pertaining to the land can be examined on request and after payment of a fee. Approximately 90% of land by area, and 85% of title, is registered.
The Registry of Deeds has since 1708 dealt with the registration of wills, title deeds, mortgage documents and other documentation concerning granting of title over land. It was originally set up to enforce the legislation regarding ownership of land by Catholics. A registered deed took precedence over an unregistered deed. Original deeds and their schedules were not retained by the registry, but rather detailed summaries (called "memorials") of conveyancing and mortgage documents are stamped and filed by the registrar. These documents are generally signed by at least one of the parties and one of the witnesses of the deeds. No certificates or guarantees of title are issued: the registry merely endeavours to provide information concerning the deeds lodged against a certain property — and, crucially, the order in which they were lodged — such as the last named owner or the latest mortgage to be lodged.
Both registries are managed by the Property Registration Authority and have offices in Dublin, Waterford and in Roscommon. Since most of Ireland gained independence in 1922, the registries have dealt with the land in the 26 counties of the Republic of Ireland (formerly the Irish Free State, 1922–37) only, the registers of land in Northern Ireland now being administered by the Land and Property Services in the Northern Ireland Department of Finance and Personnel.
Recording of title under recent legislative changes is now compulsory. Public access to the index and folios is limited to individuals who have an account with the Property Registration Authority.
The Property Registration Authority in Ireland is connected to the European Land Information Service EULIS.
Advantages of the Torrens system were seen in Russia almost immediately after its occurrence , but scrapped the Russian legal system for the overthrow of the Provisional Government and the dispersal of the Constituent Assembly did all ideas Russian imperial jurists consigned to history. Now operating the system of accounting and registration of rights to immovable property in Russia can not be called a complete system or Torrens cadastral system, although some of its elements and principles correspond to the Torrens title. Accounting for land, buildings and natural sites organized in Russia in the database of real estate cadastre of the State on the basis of a federal law in 2007 № 221-FZ "On State Real Estate Cadastre". 221-ФЗ «О государственном кадастре недвижимости» (с изменениями) The account holder of these facilities is conducted in another database: the Unified State Register of rights to immovable property and transactions with them on the basis of a federal law in 1997 № 122-FZ "On State Registration of Rights to Real Estate and Transactions Therewith". 122-ФЗ «О государственной регистрации прав на недвижимое имущество и сделок с ним» (с изменениями) Both laws established openness cadastre and registry information, and assigned to a single organization responsible for their management - Rosreestr . Entry in the Unified State Register of real property rights is a necessary and sufficient condition for the emergence of property rights to real estate. For information about the property, contained in the cadastre and registry, sufficiently detailed and structured cover most essential information about an object runs open cadastral map. Публичная кадастровая карта Росреестра With a fairly simple web forms can be found and read a part of the information on any object property Справочная информация по объектам недвижимости в режиме online .These laws are not, however, establish an immediate full liability of the state for the correctness of the information contained in databases. In 2015, the State Duma has been registered a bill that covers public access to information about the owners of the property . The bill was supported by the Government . According to some experts, the restriction of information openness reduces the chances of identifying the public cases of illegal enrichment and increases business risks . .
Over time various areas of the country were designated areas of compulsory registration by order so in different parts of the country compulsory registration has been around longer than in others. The last order was made in 1990, so now virtually all transactions in land result in compulsory registration. One difference is land changing ownership after death, where land is gifted rather than sold; these became compulsorily registrable only in April 1998. Similarly it became compulsory to register land when a mortgage is created on it in 1998.
The Land Registration Act 2002 leaves the 1925 system substantially in place but enables the future compulsory introduction of electronic conveyancing using electronic signatures to transfer and register property.
The Land Registry is connected to the European Land Information Service EULIS.
Details of registrations are available to any person upon payment of the prescribed fees. Precautionary measures have been introduced in recent years to verify the identity of persons attempting to change records of title. No details will be on record for any land which has not had a relevant transaction recorded as will often occur if, for example, ownership was last transferred before the introduction of compulsory registration in a particular area. Public access to the title and filed plans in pdf format is available for a fee at Land Registry of England and Wales. Public access to a digital version of the boundaries on aerial photography is available at .
A legal boundary deals with the precise separation of ownership of land. It is an invisible line dividing one person's land from another's. It does not have thickness or width and usually, but not always, falls somewhere in or along a physical boundary feature such as a wall, fence or hedge. The exact positions of the legal boundaries are almost never shown on registered title plans and are not shown on Ordnance Survey maps.
In a joint statement between Land Registry (England and Wales) and Ordnance Survey they state that:http://www.landregistry.gov.uk/public/about-us/policy-statements/ordnance-survey-joint-statement
Today, almost all land in Scotland is registered in the Register of Sasines making it possible (but, because of the mapping limitations of that register, sometimes difficult) to determine who owns what.
Since 1981 the Register of Sasines is being replaced by the Registers of Scotland, although certain deeds can continue to be recorded in the old register for the time being. The Registers of Scotland agency is responsible for maintaining both the Register of Sasines and the new register.
The governing legislation is the Land Registration etc. (Scotland) Act 2012, replacing the earlier Land Registration (Scotland) Act 1979. The Land Registration (Scotland) Act 1979 introduced a new system which now records all changes of ownership of land and creation of new titles.
Scotland is divided into 33 registration counties. The Land Register was introduced in a rolling programme beginning with Renfrew in 1981 and finishing in 2003 with Banff, Caithness, Moray, Orkney and Shetland. The scheme is that, once a county becomes operational for the Land Register, properties switch from the Sasine to the Land Register on the first occasion that they are transferred. The switching process is known as first registration. According to the latest figures, some 55% (1.4 million) of all properties are now on the Land Register. This represents only 21% of the land mass although there is considerable variation throughout the 33 registration counties. In Glasgow and its conurbation the figure is over 50%, reflecting both its urban nature and the relatively early date at which it was brought on to the Register.