Land Administration and
Management
Umesh Bhurtyal
Geomatics Engineering
GE 701
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Land Registration: 8 Hrs
• 5.1 Land and real property description
• 5.2 Land Registration and its function
• 5.3 Types of Land registration
• 5.4 Private conveyance and registered conveyance
• 5.5 Demerits of private conveyance
• 5.6 Land and property right transfer process
• 5.7 Parcel subdivision and subdivision process
• 5.8 Land fragmentation and multiple ownership
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Real estate and Real property
• Real estate is a term that refers to the physical land, structures, and
resources attached to it.
• Real property includes the physical property of the real estate, but it
expands its definition to include a bundle of ownership and usage rights.
• The distinction is most useful in the real estate world, where different ideas
might apply to owners versus renters or leasers.
• To most of the general public, the idea of real estate encompasses real
property, but from a legal perspective, the distinction is important.
• The real property consists of both physical objects and common law rights;
real estate only consists of physical objects.
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Real property includes real estate, and it adds
a bundle of rights.
• The right to possess is the right to occupy the property.
• The right to control is the right to determine interests and uses for
others.
• The right to enjoy is the right to use the property without outside
interference.
• The right to exclude is the right to refuse others' interests or uses for
the property.
• The right to dispose of is the right to determine how and if the
property is sold or given to another party
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What Is a Bundle of Rights?
• The right of possession
The right of possession simply states that the titleholder is the legal owner of the
property.
• The right of control
The titleholder can use the property in any way that is not illegal.
• The right of exclusion
The right of exclusion allows the titleholder to limit who may enter the property.
• The right of enjoyment
The right to enjoyment asserts the titleholder’s right to participate in any activities
that they find pleasurable while on the property.
• The right of disposition
The right of disposition protects the titleholder’s right to transfer ownership,
permanently or temporarily, to another party. This right is fully realized only when the
property is owned outright and not mortgaged.
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Real Property vs Personal Property
• The law makes a clear distinction between real property and personal
property. Real property is immovable. It includes the land, everything
that is permanently attached to it, and the rights that "run with" the
land.
• Personal property, on the other hand, is movable. It is defined as
everything that isn't real property, such as your clothes, furniture,
cars, boats, and any other movable items that aren't attached to real
estate.
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Land Registration
• Land registration is a process of official recording of rights in land
through registration deeds or as title registration system.
• There is an official record (the land register) of rights declaring of all
the legal conditions for the defined unit of land. It describes for the
answer of the questions ‘who owns and how owns’
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The function of Land Registers
• Land registration systems provide the means for recognizing
formalized property rights, and for regulating the character and
transfer of these rights.
• They also normally record charges and liens, that is rights to retain
property against debts as in the case of mortgages, although in some
systems these are held in separate registries.
• In addition, land registries provide documentary evidence that is
necessary for resolving property disputes as well as information for a
wide variety of public functions (such as land valuation).
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Principles of land registration
• The booking principle
• The consent principle
• The principle of publicity
• The principle of speciality
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Land registration systems:
(i) private conveyancing;
(ii) registration of deeds; and
(iii) registration of title.
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Private Conveyancing
• Under a private conveyancing system, land transactions are handled by
private arrangement. Interests in land are transferred by the signing,
sealing, and delivery of documents between private individuals with no
direct public notice, record, or supervision.
• The pertinent documents are held either by the individuals to a transaction
or by an intermediary such as a notary. In such a system, the state has little
control over the registration process (save for regulating the
intermediaries) and there is little if any security for errors or fraud.
• Also, private conveyancing systems are invariably slow and expensive.
Despite these serious limitations, notarial versions of private conveyancing
are still found in many parts of Latin America.
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Registration of Deeds
• Under a system of registration of deeds, a public repository is
provided for registering documents associated with property
transactions (deeds, mortgages, plans of survey, etc.).
• There are three basic elements in deeds registration:
• the logging of the time of entry of a property document;
• the indexing of the instrument; and
• the archiving of the document or a copy thereof.
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Principles of deed registration(Nichols 1993):
• Security—registration of a document in a public office provides some
measure of security against loss, destruction, or fraud.
• Evidence—registered documents can be used as evidence in support
of a claim to a property interest (although they cannot provide an
assurance of title).
• Notice and priority—registration of a document gives public notice
that a property transaction has occurred and, with exceptions, the
time of registration provides a priority claim.
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Limitation of Deed Registrations
• Deeds registration provides a means for registering legal documents
only; it does not register title to a property.
• Registration is often not compulsory and, as a general rule, many
rights are not registered.
• Reviewing and assessing all the documents required to determine the
validity of a claim to ownership (the so-called chain of title) can be
extremely tedious and expensive to undertake and is always open to
dispute.
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Ways to improve Deed Registration
• better basic records management, including better administrative and
accounting arrangements;
• standardization of forms and procedures to expedite the routine
processing of documents;
• physical improvements to the record keeping and the manner in
which documents are stored so that they can be more easily
accessed;
• the use of microfilm both for archiving and retrieval of data;
• more realistic and more flexible standards for surveying and mapping
so that cheaper survey methods become possible;
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Ways to improve Deed Registration
• partial examination of cadastral surveys and greater flexibility in the
methods used;
• partial examination of title documents, sampling rather than fully
scrutinizing their contents, and hence taking a reasonable degree of
risk;
• compulsory registration so that there is a complete record of all
transactions in land;
• automation of the indexes to provide quicker document retrieval; and
• computerization of the Abstracts of Title to provide quicker access to
the important pieces of information.
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Registration of title
• Registration of title was designed to overcome the defects of deeds
registration and to simplify the process of executing property
transactions.
• register describes the current property ownership and the
outstanding charges and liens.
• Registration is normally compulsory and the state plays an active role
in examining and warranting transactions.
• seeks to make a definitive statement as to the nature and extent of
title, the land being identified by reference to a map.
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Sir Robert Torrens in Australia
• 1. The mirror principle—the register reflects accurately and
completely the current state of title; hence there is no need to look
elsewhere for proof of title.
• 2. The curtain principle—the register is the sole source of title
informa-tion. In effect a curtain is drawn blocking out all former
transactions; there is no need to go beyond the current record to
review historical documentation.
• 3. The insurance principle—the state is responsible for the veracity of
the register and for providing compensation in the case of errors or
omissions, thus providing financial security for the owners.
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Title Registration
• Title registration systems are in general supported by comprehensive
surveying and mapping programmes that provide for parcel indexes and
precisely delimited property boundaries.
• The process has been criticized for being expensive and cumbersome to
implement and for the length of time required for state examination
and approval of the title and survey evidence.
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Pitfall of title registration
• delays often arise because of emphasis that is given to precise boundary
delimitation.
• introduction of overriding interests that have a legal effect on the
property although they are not specifically registered gradually
diminishes the significance of the mirror principle as the details on the
title certificate do not reflect all the rights as they exist on the ground.
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Improved Deed Registration System of Nepal
• Improved deed registration system is as hybrid version of deed
registration system. Deed registration system has many advantages as
private conveyancing, it could not assure title to the buyer.
• In case of failing to get title on land or land property; one has to go to
the court for the recovery Land Administration System in Nepal Land
Administration System in Nepal.
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Improvement in Land Registration System
• Better basic records management, including netter administrative
and accounting facilities;
• Standardization of forms and procedures to expedite the routine
processing of documents;
• Physical improvements in keeping records and document storage; so
that there becomes an easier access;
• The use of microfilm for both archiving and retrieval of data;
• More realistic and more flexible standards for surveying and
mapping, so that cheaper survey methods become possible;
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Improvement in Land Registration System
•Partial examination of cadastral surveys and greater flexibility in the
methods used;
• Partial examination of title documents, sampling rather than fully
scrutinizing their contents, and hence for taking a minimizing degree of risk;
• Compulsory registration to maintain a complete record of all transactions in
land;
• Automation of indexes to provide quicker document retrieval;
• Computerization of the abstracts of title to provide quicker access
information.
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Weakness of Improved Registration System
• Deed registration system the land revenue office does not guarantee the
title.
• There are still many fraudulent dealing recurring due to inherent weakness
in the system.
• The courts case as ownership disputes, boundary dispute, forgery, and
share in property etc.
• The land may have mortgaged or cases may be pending in the courts.
• One buys land of one location and discovers later being in another
location.
• The survey records often do not match with maps which clearly indicate
that ourcadastral records and maps are not accurate.
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Weakness of Improved Registration System
• Nepal cadastral records serve only fiscal purpose.
• Moths are written and updated manually; it may create sometimes
record confusns.
• The moths pages have been torn off or written may fade.
• The survey maps which are the primary base for every land record.
• The area varies in second time of mutation of the same plot.
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Improved Registration System of Nepal
The features of improved deed registration system in Nepal are as
below;
• Land and property registration or ownership transformations in land
revenue office;
• Office does not take any responsibility for the security of the property;
• Land are compulsory to be registered;
• Deed of transfer of one’s ownership on land or property;
• Deed of mortgage or deed of will;
• Mutual transfer of ownership of fixed property.
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Land ownership in Nepal
• The ownership of land has been established by the following means:
(a) Primary Registration: Land recorded in the official register by land
related laws from the customary tenure such as Raikar, Birta, Guthi
and other categories.
(b) Judicial decisions Sometime conflicts or differences arises the
ownership of different kinds of land. The cases may be filed to the
court and the court order establishes the status of ownership of the
particular land by its judicial decisions.
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Land ownership in Nepal
• (c) Decisions by the Commissions or Committees: Several times the
Government formed the Committees based on Land Revenue Act and
sometimes cabinet decisions for Commissions to provide land right to
the landless, squatters, bonded labor, displaced from natural disaster,
political victims and like others. The government sometime decides to
transfer its land right to others.
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End of Dual tenure on land
After the enactment of the Land Related Act 1964, tenure or right on
land existed on both the owner and tenant.
The fourth amendment of this Act in 1996 has abolished dual tenure on
land as:
1. No tenure shall exist after 1996. Absolute owner did exist.
2. The registered tenants will have ownership share on that land and
will be subdivided fifty-fifty according to Land Related Act 1964
(fourth amendment). The tenant will be the owner to the Guthi
land converted to Guti Raitan Nambari land (as Raikar).
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Land and property right transfer process
• Namasari literally means “name transfer.” It’s the administrative
procedure by which the government records officially change to
reflect the new owner of a piece of land or property.
• Sale: When you purchase property, Namasari (नामसारी) ensures your name
becomes the legally recognized owner.
• Inheritance: If you inherit land, Namasari(नामसारी) updates the ownership to
reflect your claim.
• Gifting: Namasari formalizes the process if you receive property as a gift.
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Why is Namasari (नामसारी) Important?
• Proof of Ownership: Namasari provides you with an official document
proving you are the legal owner of the property.
• Tax Liability: It ensures the correct person is responsible for paying
any property-related taxes.
• Dispute Prevention: By clearly establishing ownership, Namasari helps
minimize the chances of future disputes or conflicting claims.
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Parcel subdivision process
• Will update after our field visit
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Land fragmentation and multiple ownership
• Will update after our field visit
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• Plot Register
Plot register contains the information on the fragmentation of land
parcels during transaction. The main information in the plot register is
the newly established parcel numbers along with the mother parcel
number, the area of each fragmented parcels and the mode of the
transaction.
• File Maps
During the process of land transaction, for very small land parcels,
which are not possible to plot in the map after fragmentation of the
parcel, a file map is prepared in a separate sheet in larger scale.
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Terminologies
Moth: Record section
Dakhil Kharej: Updating ownership record after registration
Likhatdarta Kitab: Deed Register
Tokan Kitab: A register in which the application for the registration of deeds
are registered
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THANK YOU
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