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Land Registration
In: African affairs: the journal of the Royal African Society, Band 53, Heft 210, S. 72-73
ISSN: 1468-2621
Land Registration in Africa
In: Survey review, Band 40, Heft 310, S. 412-412
ISSN: 1752-2706
World Affairs Online
LAND REGISTRATION IN BUGANDA
In: Survey review, Band 13, Heft 99, S. 194-202
ISSN: 1752-2706
Land Registration and Time Travel
In: Conveyancer & Property Lawyer 2014 p.189
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What Sort of Land Registration System?
In: Conveyancer & Property Lawyer, pp. 349-354, 2012
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Land Registration, Easements and Overriding Interests
In: [2005] Conveyancer & Property Lawyer 545
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Working paper
Land Registration Systems & Discourses of Property
In: European Review of Private Law, Band 29, Heft 6, S. 835-852
ISSN: 0928-9801
This article discusses the relations between land registration systems and underlying discourses of property from a comparative perspective. It is based on the example of French law which, characteristically, uses a declaratory land recordation system, i.e., registration is informative in nature, it affects the rules of evidence but it does not convey property nor does it affect complete strangers in any way. It is found that such a system implies that people will need to prove their ownership of land, and therefore presupposes rules of evidence which are based on possession or title to possess, since land registration is not used for that purpose. The historical reason for this choice was inherited from the French Revolution. It rests on the idea that property is held from no one, least of all from the State. Most countries in the world have opted for a land registration system which is constitutive of title, meaning that the State guarantees the registered owner's title to land. This system was originally inherited from the remnants of the feudal system in which land was held through a tenure, i.e., from someone else. This conception of ownership also traditionally implies a greater tolerance – in legal discourse – for legislative or State interference in the ownership of land which is merely granted by public authority. It may therefore be said that the more efficient the title, the less absolute ownership seems to be, at least in the collective imagination of lawyers as to what property entails.
Challenges of sporadic land registration in Palestine
In: Land use policy: the international journal covering all aspects of land use, Band 131, S. 106723
ISSN: 0264-8377
THE PLACE OF SURVEY IN LAND REGISTRATION
In: Survey review, Band 22, Heft 167, S. 3-10
ISSN: 1752-2706
Prudential Principles in Regulation of Land Registration in Indonesia
In: International journal of social science research and review, Band 3, Heft 3, S. 19-25
ISSN: 2700-2497
Land registration is the first step for landowners to have legal ownership certificates and be recognized by the state in the form of land certificates, the raw errors in land registration result in multiple interpretations of legal certainty regarding land data that will harm landowners, so the principle of prudence in registration land is very important to be applied so that in the registration process there is no mistake and legal certainty is guaranteed from the certificate issued. This study aims to find out and analyze the extent o which the principle of prudence is regulated in land registration regulations so that the implementation of land registration is carried out correctly and appropriately. The type of research used in this research is normative legal research, namely research based on legal materials whose focus is on reading and studying the materials of primary law and secondary law. The results of this study indicate that the principle of prudence has been stipulated in the land registration law by observing the principle of prudence indicators contained in article per article in the land registration law such as the Law of the Republic of Indonesia Number 5 of 1960 concerning Regulations Basic Agrarian Principles, Republic of Indonesia Government Regulation Number 24 of 1997 concerning Land Registration, Agrarian Minister Regulation Number 3 of 1997 concerning Provisions for Implementing Government Regulation number 24 of 1997 concerning land registration, and Regulation of the Head of National Land Agency of the Republic of Indonesia number 1 of 2010 about Land Service and Regulatory Standards.
Rechtsverwerking Concept of Customary Rights in Land Registration
People would strive to justify any means to obtain a certificate because it is the only means of proving ownership of land rights. This effort can be prevented by the government by applying the principle of "nemo plus juris", which means that it is unjustifiable for people who are not entitled to become entitled to the certificate. As a result, the government cannot fully guarantee the validity of the certificates that have been issued. It means that anyone, who believes they have a claim to the land being certified, can sue the certificate holder at any moment. For this reason, the government has recently strengthened the negative publication system by adopting the rechtsverwerking institution, which governs customary rights in land registration, and by terminating the right to sue at any moment after 5 years from the day the certificate was issued. This effort is known as rechtsverwerking and it aims to improve the land registration system's positive publication mechanism.
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Priorities Under the Land Registration Act 2002
In: L.Q.R. 2009, 125(Jul), 401-408
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