UNIT 1 - OVERVIEW
1. Name and two types of land registration system.
A positive system implies that:
• The state guarantees bona fide third
... [Show More] parties that the state register in the designated deeds registry is an authoritative record of the rights to clearly defined units of land.
• The state examines/investigates documentation and transactions for legality.
• The state completes and maintains a register of title
• Register of title is linked to a cadastral (a system of records showing details of ownership) system of maps and diagrams.
• Transfer takes place when the register of title is annotated and any deeds are merely
endorsed.
• From this it follows that new deeds are not necessary for each transaction as the main source of information is the deeds register which is merely annotated /updated.
• Linking of different transactions occurs.
• The state guarantees the accuracy of the deed register and is liable for shortcomings.
• Such a deed register is characterized by a high degree of state interference.
A negative system implies the following:
• The state gives no guarantees to bona fide third parties regarding the accuracy of the state deeds register.
• The state simply records deeds submitted at face value.
• There is no examination of the deeds or investigation by the state prior to recording.
• Transfer is effected in the new deed, not when the state deeds register is annotated/updated so a new deed must be executed for each transaction.
• There is usually no link to a cadastral system of maps and diagrams.
• Third parties cannot rely on the accuracy of the state records, which might give an inaccurate or incomplete picture.
• The state incurs no liability for inaccurate or incomplete records.
• Parties often guarantee their rights by taking out private insurance.
• There is minimal state interference.
2. South Africa?
South Africa is nominally negative but has some characteristics of a positive system as well.
Positive:
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