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On 12 November 2018, New Zealand's Land Transfer Act 2017 came into force. The purpose of this paper is to pinpoint some of the significant changes in the Act that challenge the fundamental concepts of the Torrens system of registration.

The paper addresses three significant reforms: a definition of land transfer fraud; the concept of immediate indefeasibility with limited judicial discretion and its impact on volunteers and the Gibbs v. Messer anomaly; and the compensation regime. Case studies illustrate the effect of these changes.

The limited legislative definition of fraud reflects the common law and allows for any necessary flexibility. The new Act reiterates the principle of immediate indefeasibility but qualifies it with the introduction of some judicial discretion. This is a novel concept for the courts and will undoubtedly be dealt with cautiously. The author voices some disquiet with regard to some of the guidelines set out in s 55(4) of the Act. The compensation provisions introduce an element of an owner's culpability. An owner now runs the risk of reduced compensation if there has been a lack of proper care.

The implications of this research are fundamental for New Zealand's land transfer system.

The limited judicial discretion will challenge the courts of New Zealand. The new compensation provisions will ensure that an owner's carelessness will be accountable.

This study is one of the first to analyse the Land Transfer Act 2017 (New Zealand). Its value extends beyond New Zealand shores as it has implications for global land transfer systems.

The purpose of this paper is to examine current Australian e-conveyancing processes to identify its rewards and the risks requiring specific attention in order to protect consumers and ensure ongoing trust in the system.

Doctrinal legal research engaging with statutory and precedential case law; related policy documents and governmental agreements; academic and other related writings; news materials and Property Exchange of Australia documentation.

E-conveyancing rewards have received greater understanding than the inherent risks, which needs to be corrected by educating users and consumers.

The research adds to the academic literature in this emerging area of legal risk.

Sustainable values and implementation tools are now more widely included in Australian land use planning and development. Planning agreements are one instrument by which environmental values and preservation can be made more enduring, particularly as planning agreements run with the land. Little has been said about these agreements and the purpose of this paper is to strive to add to the body of knowledge in this area. The aim of this paper is to introduce a contextual framework for planning agreements, drawing on collaborative planning theory and practice. It also demonstrates how planning agreements can been used as a tool to preserve environmental values and principles generally, and more particularly the rich flora and fauna in the surrounding housing estate adjacent to the Royal Botanical Gardens in Cranbourne, Victoria, Australia.

The paper relies on a case study from the municipality of Casey located in the state of Victoria and introduces measures taken, via planning agreements between the municipality and estate developers, to preserve green values and the flora and fauna located in the surrounds of the Royal Botanical Gardens in Cranbourne.

The case study suggests that, whilst the planning agreements may have established excellent procedure and practice to preserve the flora and fauna at the botanic gardens and in its surrounds, the effectiveness of the planning agreements as an environmental preservation tool has limitations. This may be due to the lack of resources for more effective information dissemination and enforcement. Ultimately, it may have to be left to the goodwill of residents to ensure environmental protection of the botanic gardens and its surrounds is maintained.

As the housing estate is still a young development, the case study is an exploratory approach. This leaves open the opportunity for further data to be gathered from estate residents into the effectiveness of the preservation and enforcement of the green values and principles raised in the planning agreements. There is also the opportunity to take the study further to ascertain longitudinally, how respectful original and subsequent owners are of the green values planted in the planning agreements.

The analysis of the case study is instructive, particularly as there is a dearth of literature on how effective planning law agreements are as an environmental preservation and sustainability tool.

This paper critically aims to examine the concept of beneficial ownership and its application in musharakah-based home financing.

The study applies the method of juristic interpretation in analyzing the meaning of beneficial ownership in legal documentation of musharakah-based home financing. This qualitative study uses content analysis approach that investigates the works of Islamic scholars on the concept of ownership and evaluates the concept of beneficial ownership in musharakah-based home financing from the Islamic perspective.

The result finds that beneficial ownership is considered a true ownership, as Shari’ah allows the transfer of ownership based on the offer and acceptance in a contract. Furthermore, the absence of legal registration does not mean the absence of true ownership, whereas all documentations and agreements have clearly stated rights and liabilities of each contracting parties.

This paper provides a fiqhi discussion of analyzing beneficial ownership in musharakah-based home financing. It shows that Shari’ah parameters are essential for the use of beneficial ownership to ensure its compliance with the Shari’ah requirements of milkiyyah (ownership).

The Malaysian economy is expected to face another tumultuous year in 2019. It has been reported more than 21,000 people lost their jobs in 2018, half of whom were in Selangor and Kuala Lumpur. This rising unemployment gravely affects a person’s source of income, particularly when he/she is the sole breadwinner of the family. It further leads to the inability to pay one’s monthly commitments such as home, personal and car financing. Notwithstanding the above situation, Sharīʿah encourages leniency on the part of the creditor, that is, when the debtor is in a difficulty, to grant him/her time until it is easy for him/her to pay. Nonetheless, in Malaysia, the inability to pay debt or non-performing loan/financing entitles the financial institutions (both conventional banks and Islamic financial institutions) to proceed with legal proceedings in civil court It is trite that Islamic financing in Malaysia is governed by Sharīʿah principles and legislations, which are conventional in nature; and contractual rights and duties involving Islamic finance are enforceable in the civil court of law. This chapter examines procedural laws governing the event of default of Islamic financing in Malaysia. The methodology adopted in this chapter is doctrinal legal analysis whereby the relevant laws, namely, Rules of Court 2012, Insolvency Act 1967, Limitation Act 1953, Evidence Act 1950, Court of Judicature Act 1964 and the National Land Code 1965 are analysed in addition to the relevant case law. The study reveals that while some of the provisions are sufficient to regulate the event of default of Islamic financing, the laws are largely inadequate. The chapter also finds a significant number of legal issues and challenges relating to event of default in Islamic financing, which require legal reform.

The administration of a country's land system has a major impact on its economy and society. Digital land management has the potential to improve the land administration of developing countries and make it more efficient. The governments of Bangladesh and Indonesia have implemented a digital land management framework in the land system to ensure optimal land development, in particular, to deliver land services efficiently. The land offices of both countries have a variety of obstacles when it comes to delivering digital services. Because of this, it is important to recognize the current use of digitalization and identify the variables influencing digitalization in land service delivery by land offices in order to make informed decisions about their future. Content analysis was applied to gather data for the study, which used a qualitative approach. The correct deployment of digitization in land administration in both nations is being slowed down by a lack of institutional and operational capability and personnel misconduct in service delivery.

The purpose of this paper is to assess cost of land title formalisation in Ghana from the standpoint of individual land/property owners with the view to suggesting a cost-effective means for title formalisation in the country.

The paper adopts a quantitative research approach with mainly questionnaire instruments to obtain data from real estate valuers, land agents and lawyers in Accra, Ghana's capital city.

Consistent with the literature, the paper found that title formalisation cost is high with extensive time lag. A substantial portion of the cost emanates from commuting cost for follow-ups to expedite action on title formalisation activities, cost of time lag and unofficial and professional fees for facilitation of title formalisation activities.

For land title formalisation to contribute to socio-economic development of Ghana and other developing countries, there is a need for effective and efficient land title formalisation regime to reduce excessive time lag and monetary cost for title formalisation.

Few studies have examined the extent of title formalisation cost in sub-Saharan Africa. Most of these studies tend to overlook several indirect costs and give misleading cost reportage or focus on social cost. The study analyses land title formalisation cost from individual land/property owners’ standpoint. The paper incorporates indirect costs and gives an idea as to the cost trend. Being first of its kind, the study presents a new dimension to the assessment of land title formalisation cost in Ghana for policy formulation and practice.

The laws and policies pertaining to foreign land ownership in Malaysia have seen tremendous changes for the past two decades. The reasons may be linked to economic, political and social factors. The changes, as claimed, have to be carried out to accommodate the current needs and circumstances. Nevertheless, at the same time, frequent changes would also create uncertainty and insecurity to the purchaser especially the investors. The Malaysian government has made various efforts towards becoming a developed country, trying hard to attract foreign investors to invest in the country. At the same time, a reasonable consideration must be given to the needs of its own people. Moreover, it is equally important to protect and to ensure that the people’s right shall not be sacrificed for the sake of development and especially when all the benefits will go to only a certain class of people. The history of foreign land ownership policy especially on the restrictions imposed by the laws and policies are worth noting. The legal perspectives are delineated from some important statutes such as the National Land Code, 1965, the Malay Reserve Enactments, the Malay Agricultural Settlement Act, the Aboriginal Peoples Act 1954, and also the restrictions imposed by the states since land is a state matter in Malaysia. Furthermore, some of the restrictions are traceable in the policies determined by the relevant ministries. Following this, the implication of these restrictions on foreign land ownership and also property market will be addressed.

The purpose of this paper is to critically study the application of beneficial ownership in sukuk ijarah by analysing the fiqh interpretation on the concept of beneficial ownership.

This is a theoretical paper using content analysis approach that delves into the works of Islamic scholars on the concept of ownership and evaluates the concept of beneficial ownership in sukuk ijarah from the Islamic perspective.

The paper concludes that the beneficial ownership should be considered as true ownership because Shari’ah has allowed the transfer of ownership by a sole basis of contract (offer and acceptance). Although the sukuk holders are not registered as the legal owners in the Land Office, the documentations and agreements have clearly specified the owners and their liabilities.

Empirical investigations into how sukuk holders are responsible for the underlying assets in sukuk ijarah.

It is therefore important to develop parameters for beneficial ownership to govern the use of the concept in Islamic finance.

The paper shows the fiqh interpretation on the beneficial ownership in sukuk ijarah while considering all the constraints and challenges in the implementation of sukuk.