Land Title Registration Systems: Proposals for Improvement

摘要

This report considers the legal aspects of improving land title registration systems to simplify and reduce the cost of land transfers. It examines the history of land title registration or ''Torrens'' statutes, analyzes the reasons for their waning popularity, assesses their relative strengths and limitations, and identifies those statutory features that have contributed to the more successful title registration system. In addition, the report identifies 13 issues that must be faced in designing any land registration system. The study is based on analysis of the 11 title registration statutes now in force in the United States, an extensive literature review, and observation and interviews at three jurisdictions (Hennepin County, Minn.; Cook County, Ill.; and the Southern District Registry of Deeds, Middlesay County, Mass.) where title registration systems are in widespread use. Crucial issues on which system improvement depends include compulsory versus voluntary registration, administrative versus judicial procedures for initial registration, expedition of initial registrations, affirmation of boundaries in title registration proceedings, registration of ''possessory'' titles, and validity assurance of first mortgage liens. Additional major issues are off - certificate interests, postdecree challenges to certificate title validity, adverse possession and prescription, postregistration transactions, withdrawal from registration, the assurance fund, and centralized versus decentralized administration. Specific recommendations for each of these issues are embodied in a working draft of a model State title registration statute that concludes the report. A discussion of land registration in England is appended.