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1 – 10 of over 13000Raymond Talinbe Abdulai and Edward Ochieng
The assertion that land registration guarantees landownership security is common knowledge. Thus, efforts at securing landownership in particularly, the developing world have…
Abstract
Purpose
The assertion that land registration guarantees landownership security is common knowledge. Thus, efforts at securing landownership in particularly, the developing world have concentrated on the formulation and implementation of land registration policies. However, over the years, whilst some studies claim that land registration assures security, a lot of other studies have established that security cannot be guaranteed by land registration. Also, there is evidence from research that has shown that land registration can be a source of ownership insecurity in some cases. The purpose of this paper is to critically analyse the underpinning principles of land registration and their application in order to establish whether or not land registration can actually guarantee ownership security.
Design/methodology/approach
It is a literature review paper that looks at the existing literature on landownership, security and land registration systems. The land registration principles that have been subjected to critical analysis are the publicity function of land registration, the legality of ownership emanating from land registration and the warranty provided by the State in land registration, specifically, under the Torrens system.
Findings
An analysis of the underpinning principles of land registration shows that land registration per se cannot guarantee ownership security and this helps to explain the findings of the numerous studies, which have established that landownership security cannot be assured by land registration. The paper concludes by identifying the right role of land registration as well as a mechanism that can effectively protect or secure landownership.
Practical implications
Land registration policies and programmes in the developing world are often funded by the international donor community and the findings provide useful insights regarding the actual role of land registration and for policy change in terms of what can secure landownership.
Originality/value
Even though there are two schools of thought regarding research on the link between land registration on one hand, and landownership security on the other, none of the studies has made an attempt to consider the nexus by critically examining the principles that underpin land registration to support their arguments.
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The purpose of this paper is to analyse whether title to land is secure in England and Wales when registered under the Land Registration Act 2002, in particular when a title is…
Abstract
Purpose
The purpose of this paper is to analyse whether title to land is secure in England and Wales when registered under the Land Registration Act 2002, in particular when a title is registered without the proprietor being able to establish good title under pre‐registration rules of property law.
Design/methodology/approach
This paper analyses reported judgments, with particular emphasis on the decision in Walker v. Burton [2012].
Findings
The paper identifies an uncertainty at the heart of the registration system: the uncertainty as to the extent to which a registered title may be rectified to remove the proprietor. This is acute when it appears that the registered proprietor has no claim to the land other than by reason of his registration. There may be a difference in this regard between intangible property titles and tangible titles.
Originality/value
The Land Registration Act 2002 is meant to replace registration of title with title by registration. The real force of this is only now being realised and there are few reported judgements, and less consistency, working out what this means in practice.
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The purpose of this paper is to analyse whether title to land is secure in England and Wales when registered under the Land Registration Act (LRA) 2002, in particular when a title…
Abstract
Purpose
The purpose of this paper is to analyse whether title to land is secure in England and Wales when registered under the Land Registration Act (LRA) 2002, in particular when a title is registered, where there has been a mistake and how that connects with the doctrine of overreaching.
Design/methodology/approach
This paper analyses the reported judgments, with particular emphasis on the decision in Knight v Fernley (2021).
Findings
This paper explores the concepts of “mistake” and “overreaching” and concludes that LRA 2002 provides a complex, but complete answer to concerns about the application of these doctrines.
Practical implications
This paper will encourage certainty in the judicial decision-making process when “mistakes” occur in the land register. It will contribute to the resolution of difficult, and current, controversies.
Social implications
To enable legal advisers to be clear in their obligations and the advice they give to clients, and to further a better understanding of title registration in England and Wales.
Originality/value
The LRA 2002 replaces registration of title with title by registration. The real force of this is only now being realised and there are few reported judgments, and less consistency, working out what this means in practice. There are no other comments on this critical case, even though it helps elucidate the circumstances in which the title register may be altered.
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Kwabena Mintah, Kingsley Tetteh Baako, Godwin Kavaarpuo and Gideon Kwame Otchere
The land sector in Ghana, particularly skin lands acquisition and title registration are fraught with several issues including unreliable record-keeping systems and land…
Abstract
Purpose
The land sector in Ghana, particularly skin lands acquisition and title registration are fraught with several issues including unreliable record-keeping systems and land encroachments. The paper explores the potential of blockchain application in skin lands acquisition and title registration in Ghana with the aim of developing a blockchain-enabled framework for land acquisition. The purpose of this paper is to use the framework as a tool towards solving some of the loopholes in the process that leads to numerous issues bedeviling the current system.
Design/methodology/approach
The paper adopts a systematic literature review approach fused with informal discussions with key informants and leverages on the researchers’ own experiences to conceptualize blockchain application in skin lands acquisition in Ghana.
Findings
Problems bedeviling skin lands acquisition and title registration emanated from the issuance of allocation notes, payment of kola money and use of a physical ledger to document land transactions. As a result, the developed framework was designed to respond to these issues and deal with the problems. As the proposed blockchain framework would be a public register, it was argued that information on all transactions on a specific parcel of land could be available to the public in real-time. This enhances transparency and possibly resolves the issue of encroachments and indeterminate land boundaries because stakeholders can determine rightful owners of land parcels before initiating transactions.
Practical implications
Practically, blockchain technology has the potential to deal with the numerous issues affecting the smooth operation of skin lands acquisition and title registration in Ghana. Once the enumerated issues are resolved, there will be certainty of title to and ownership of land and property to drive investments because lenders could more easily ascertain owners of land parcels that could be used as collateral for securing loans. Similarly, property developers and land purchasers could easily identify rightful owners for land transactions. The government would be able to identify owners for land and property taxation.
Originality/value
This paper contributes to the literature on blockchain and application to land acquisition and title registration with a focus on a specific customary land ownership system.
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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…
Abstract
Purpose
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.
Design/methodology/approach
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.
Findings
E-conveyancing rewards have received greater understanding than the inherent risks, which needs to be corrected by educating users and consumers.
Originality/value
The research adds to the academic literature in this emerging area of legal risk.
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This paper reviews the relationship between property and the changing coastal environment. It looks at issues around the mismatch between the protection of private property rights…
Abstract
Purpose
This paper reviews the relationship between property and the changing coastal environment. It looks at issues around the mismatch between the protection of private property rights implicit in our property law, which assumes stability and permanence, and the protection of public rights and environmental values expected of coastal land, which is increasingly vulnerable to climate change hazard. Issues of retreat from the coast, perhaps with compensation and incentives, will need to be dealt with.
Design/methodology/approach
New Zealand situations and examples are used to illustrate the conflicts between secure property rights and changing coastal land.
Findings
The effects of climate change on coastal land will be significant. This era of environmental degradation and climate change will require a significant re-ordering of property law. Changes in coastal land will require property owners to adapt their use and occupation of the coastal zone, if necessary by retreating. Similarly, local authorities will need to be proactive in planning for coastal land changes.
Social implications
Property will need to be re-imagined to support public and environmental goals for the coast.
Originality/value
This paper extends other discussions about how property law and the protection of property rights is a barrier to implementing climate change responses.
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Amy L. Ostrom and Dawn Iacobucci
This paper aims to examine the status of service guarantees specifically, and cues to quality more generally.
Abstract
Purpose
This paper aims to examine the status of service guarantees specifically, and cues to quality more generally.
Design/methodology/approach
Reflection on the 1998 Journal of Services Marketing article with views both to the academic literature and the presence of guarantees in industry.
Findings
Service guarantees still exist, sometimes in their original form (e.g. “100 per cent satisfaction guaranteed!”) and sometimes in a morphed form (e.g. retailers’ promises of price-matching). Research has continued to focus on understanding service guarantees yet there are additional questions left to be addressed. There are also numerous other types of information, in addition to service guarantees, consumers may use as cues to quality.
Practical lmplications
Service guarantees remain an important and useful tool for services marketers to signal their quality to their customers and to reduce the uncertainty surrounding many services purchases. Other information such as online ratings and reviews through social media can also serve as strong informational cues.
Originality/value
In providing cues to customers about quality, while marketers have long considered the value of price and brand names, the usefulness of service guarantees is still under-studied.
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The purpose of this paper is to review characteristics and functions of an advance payment guarantee (AP-Bond), and to analyse some legal and practical issues concerning a…
Abstract
Purpose
The purpose of this paper is to review characteristics and functions of an advance payment guarantee (AP-Bond), and to analyse some legal and practical issues concerning a “reduction clause” in an AP-Bond under an overseas construction contract.
Design/methodology/approach
This paper compares relevant provisions of the URDG 758, the UN Convention, the ISP 98, and the FIDIC Silver Book, and also cites relevant case laws of the USA, UK and Korea. This paper also refers many Korean scholars’ views on characteristics of an independent guarantee including an AP-Bond.
Findings
A demand for payment under an AP-Bond shall not be honoured in the event that an employer wrongfully refuses to issue documents required for reduction of an AP-Bond. A beneficiary shall not be favoured by independence nature of an AP-Bond in case of fraud or abuse of right.
Originality/value
This paper originally analyzes a “reduction clause” in an AP-Bond. This paper provides logics that a demand for payment shall not be honoured in the event that a beneficiary wrongfully refuses to issue documents required for reduction of an AP-Bond.
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Kenneth Appiah Donkor-Hyiaman and Kenneth Nii Okai Ghartey
This study aims to examine why Ghana has English legal origins (hypothesised as a legal framework that promotes financial development) but has not developed a well-functioning…
Abstract
Purpose
This study aims to examine why Ghana has English legal origins (hypothesised as a legal framework that promotes financial development) but has not developed a well-functioning mortgage finance market.
Design/methodology/approach
The authors adopt the institutional autopsy approach developed by Milhaupt and Pistor (2008). This study is not a cross-country study but a historical examination of Ghana’s mortgage finance regulatory framework. The institutional autopsy framework considers the iterative process of change in a system and allows for context-specific system analysis.
Findings
The authors note that for a long period of about 68 years (1940-2008), some of the legal rules regulating mortgage finance were not typical of the hypothesised characteristics of the English common law tradition. These rules, including, interest rate controls, excessive entry barriers, loan default guarantee discriminations and complex foreclosure procedures, tended to inadequately protect creditors. In the context of the history of military rule and law-making, judicial discretion that could have promoted legal efficiency and strengthened contract enforcement was also limited. During this period, the legal system demonstrated a concentrated and coordinative character. New legislation in the form of the Home Mortgage Finance Act 2008 (Act 770) attempts to resolve some of these bottlenecks and improve creditor rights protection.
Research limitations/implications
The study focuses solely on how the legal institution affects creditor protection and mortgage finance in Ghana.
Practical implications
Policy-wise, the study deepens the understanding of the channels through which the law affects the development of mortgage finance.
Originality/value
To the best of the authors’ knowledge, the methodology used (institutional autopsy) is novel in the context of analysing mortgage finance.
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Anthony Owusu-Ansah, Lewis Abedi Asante and Zaid Abubakari
There is a long-standing debate about the relationship between land title registration and tenure security. Studies in the developing world point to a tenuous link between land…
Abstract
Purpose
There is a long-standing debate about the relationship between land title registration and tenure security. Studies in the developing world point to a tenuous link between land registration and stable land tenure. The reason why people continue to register therefore becomes a mystery if tenure security is not entirely assured. This article focuses on the increase in property value as one such factor that induces title registration. Previous studies have quantified the economic impact of title registration on property values. However, the impact varies from city or country to another. The authors seek to investigate the extent of property value increment in Accra attributable to land title registration.
Design/methodology/approach
The authors statistically analyzed a data set from two institutions (First National Bank and the Lands Commission) in Ghana using a quantitative technique.
Findings
The authors discovered that, holding all other factors constant, the value of the land in Accra increases by 22.6% due to land title registration. This shows that lessees must register to enhance property values, even though the essential due diligence must be done to make sure the acquisition is free from liens and legal disputes.
Practical implications
This article highlights the implication of the findings for land administration as well as the practice of property valuation, development and brokerage in Ghana and Global South more broadly.
Originality/value
This is one of the first studies in Ghana to investigate the specific premium that housing markets put on land title registration.
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