Property Ownership Transfer And Property Title Disputes: Resolving Ownership Conflicts

Property Ownership Transfer And Property Title Disputes: Resolving Ownership Conflicts – Doing business involves a limited liability company (the buyer) purchasing real estate from another business (the seller) and entering into a complete sequence of procedures to transfer the property into the buyer’s name so that the buyer can use the property as collateral for their expansion. business Get a new loan or, if necessary, sell the property to another business. It also measures the time and cost to complete each process. Doing business also measures the quality of land tenure systems in each economy. The quality of land governance index includes five dimensions: reliability of infrastructure, transparency of information, geographical coverage, resolution of land disputes and equal access to property. rights.

Figure 1 – Time, cost and number of procedures required to transfer property between two local entities Source: Doing Business Database

Property Ownership Transfer And Property Title Disputes: Resolving Ownership Conflicts

As written by Doing Business, the property transfer process begins with obtaining the necessary documents, such as an up-to-date copy of the seller’s title, if required, and conducting due diligence if necessary. The transaction is considered completed if against third parties and the buyer can use the property to expand his business, obtain a bank loan or resell it. Any process required by law or practicable is carried out on behalf of the seller or the buyer by a third party whether it is the responsibility of the seller or the buyer. Local property lawyers, notaries and property registries can provide information on the procedures, as well as the time and cost to complete each.

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To make data comparable between economies, several assumptions about transaction parties, assets, and policies are used.

This process involves the buyer, seller, or their agents (if an agent is legally or practically required) with outside parties, including government agencies, inspectors, notaries public, architects, surveyors, etc. defined as any interaction. Interactions between company officers and employees are not taken into account. All procedures legally or practically required for property registration, even if they can be avoided in exceptional cases, are recorded. Each electronic procedure is treated as a separate procedure. The payment of capital gains tax can be calculated as a separate procedure, but is excluded from the measurement of value. If the process can be legally expedited for an additional fee, this option is more cost effective for the economy and is used by the majority of property owners, then the expedited procedure will be chosen. Although Buyer may use attorneys or other professionals as necessary during the registration process, Buyer is deemed not to use outside assistance in the registration process unless required by law or practice.

Time is written in calendar days. This measure includes mediation that property guardians, notaries or CRA staff deem necessary to complete the process. The minimum time required for each procedure is assumed to be one day, except for procedures to be completed completely online, the time required is recorded as half a day. Although procedures can be conducted concurrently, they cannot be initiated on the same day (again, except for procedures that can be completed entirely online). It is assumed that the buyer does not waste time and undertakes to complete every remaining procedure without delay. If the process can be expedited for an additional fee, the expedited legal process available and used by most property owners will be selected. It is assumed that the parties involved know all the requirements and their order from the beginning. Time spent collecting information is not taken into account. If time estimates differ between sources, the median reported value is used.

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Value is expressed as a percentage of real estate value, which is assumed to be equal to 50 times per capita income. Only official expenses required by law are taken into account, including fees, transfer taxes, stamp duties and any other fees paid to land registers, notaries, public officials or lawyers. Other taxes such as capital gains tax or value added tax (VAT) are excluded from the value measurement. However, in economies where transfer tax can be replaced by VAT, transfer tax is recorded instead. Includes costs paid by both buyer and seller. If cost estimates differ between sources, the median reported cost is used.

The quality of land governance index includes five other indicators: reliability of infrastructure, transparency of information, geographic coverage, resolution of land disputes and equal access to property rights. Data is collected for each economy’s largest business city. Data for 11 economies is also compiled for the second largest business city.

The index ranges from 0 to 8, with higher values ​​indicating a higher quality of infrastructure to ensure the reliability of information about property titles and boundaries. For example, in Turkey, Land Cadastres in Istanbul maintain rights in a fully digital format (2 points) and have a fully electronic database to check encumbrances (1 point). The Cadastre Directorate offices in Istanbul have full digital maps (2 points) and the Geographical Information Directorate has a public portal that allows users to check parcel plans and cadastral information along with satellite images (1 point). Land ownership rights databases and maps are linked to each other through the TAKBIS system, an integrated information system of land cadastres and cadastral authorities (1 point). Finally, there is a unique identification number for the symptoms (1 point). Adding these numbers gives Turkey a score of 8 on the Infrastructure Reliability Index.

Transfer Of Property

The index ranges from 0 to 6, with higher values ​​indicating greater transparency in the land management system. For example, in the Netherlands, anyone who pays a fee can access the land tenure database (1 point). Information can be obtained at the office, by post or online via the Kadaster website (http:// www.kadaster.nl). Also, one can easily get information online about list of documents to be submitted for property registration (0.5 points), fee schedule for registration (0.5 points) and service standards (0.5 points). And anyone facing a land-related problem can file a complaint or report a defect by filling a specific form online (1 point). In addition, Cadastre reported a total of 34,908 property transfers (0.5 points) in Amsterdam in 2018, making statistics on land transactions available to the public. In addition, anyone who has paid a fee can consult online cadastral maps (0.5 points). The public can also access the plan’s consultation fee schedule (0.5 points), service standards for updated plan delivery (0.5 points) and specific grievance mechanism for the plan (a). 0.5 points). Adding these numbers gives the Netherlands a score of 6 on the Openness of Information Index.

The index ranges from 0 to 8, with higher values ​​indicating wider geographic coverage in land ownership registration and cadastral mapping. In Japan, for example, all privately owned land is officially registered in the Tokyo and Osaka land cadastre (2 points) and the general economy (2 points). Also, all privately owned land plots are mapped in both cities (2 points) and the economy as a whole (2 points). Adding these numbers gives Japan a score of 8 on the Geographical Coverage Index.

The Land Dispute Resolution Index assesses the legal framework for real estate registration and the availability of dispute resolution mechanisms. The index consists of eight parts:

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The index ranges from 0 to 8, with higher values ​​indicating greater protection from land disputes. In the United Kingdom, for example, under the Land Registration Act 2002, property transactions must be registered in the Land Registry to protect against third parties (1.5 points). The property transfer system is guaranteed by the state (0.5 points) and there is a mechanism for compensation of costs incurred by parties who have made a bona fide property transaction based on a registry error (0.5 points). In accordance with the Crime Act 2002 and the Money Laundering Regulations 2007, the solicitor will check the legal validity of the documents in the property transaction (0.5 points) and the identity of the parties (0.5 points). The UK has a national database to check the validity of identity documents (1 point). In a land dispute between two British companies over ownership of property valued at $2,066,500, the Land Registry Division of the Property Chamber (Tier One Tribunal) renders a decision within one year (3 points). Finally, statistics on land disputes are compiled and published; In 2018, there were a total of 1,030 land disputes in the Republic (0.5 points). Adding these numbers gives the UK a score of 8 on the Land Dispute Resolution Index.

Property rights

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