Repository logo
 

Title Guarantee or Title Indefeasibility?

Accepted version
Peer-reviewed

Type

Book chapter

Change log

Authors

Abstract

This chapter examines and compares the nature of Torrens land registration systems and the title guarantee registration system in force in England and Wales. It argues that it is mistaken to fashion a land registration system according to some pre-conceived conceptual ideal about what type of system is desirable. There is no ‘gold standard’. Instead, each jurisdiction should implement the system that best suits its legal, economic and social experience. In the light of this, it is argued that while both Torrens and Title Guarantee share the central principle of ‘title by registration’, they differ significantly in many other respects. This difference is not a source of criticism, but a reflection of the jurisdiction in which the system operates. Seen in this light, the system in England and Wales has many strengths; they are just different strengths from those of Torrens systems. Consequently, it is argued that the proposed reforms of the system in England and Wales should be based on a recognition that it is not, and should not become, a Torrens system, both because this would be to ignore how the system in England and Wales actually works and also because it risks damaging the effectiveness of the current system.

Description

Title

Title Guarantee or Title Indefeasibility?

Keywords

Is Part Of

Land Registration and Title Security in the Digital Age

Book type

Publisher

Taylor & Francis

ISBN

9780367218171

Rights

All rights reserved