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Deeds registration information


Irish Registration of Deeds revenue stamp of 1902

Deeds registration is a land management system whereby all important instruments which relate to the common law title to parcels of land are registered on a government-maintained register, to facilitate the transfer of title. The system had been used in some common law jurisdictions and continues to be used in some jurisdictions, including most of the United States.

It is being replaced by Torrens systems in many jurisdictions. Australia, Ireland as well as most Canadian provinces have converted from deeds registries to Torrens titles. Some Canadian provinces have never operated a deeds registry and have always used Torrens titles. Other Canadian provinces which have converted from a deeds registry to Torrens titles have operated both systems in conjunction until the Torrens system gradually superseded the deeds registry system, as was the case in Nova Scotia and New Brunswick during the 2000s. In the Canadian province of Ontario, electronic registration led to Ontario's version of Torrens title covering almost all land, but the past deeds registration still governs some issues.[1] Hong Kong and the Canadian provinces of Quebec, Newfoundland and Labrador and Prince Edward Island are the only provinces left which still operate a deeds registration system.

In contrast to the Torrens system in which basically the one who registered in a land registry as owner of a piece or parcel of land has an indefeasible title of the land, deeds registration system is merely a registration of all important instruments related to that land. In order to establish one's title to the land, a person (or usually their purchaser's attorney) will ascertain, for example:

  • all the title documents have been properly executed,
  • "a chain of title" is established, i.e. the proper ownerships from the granting of the land from the government to the current owner,
  • there are no encumbrances on the land that probably will harm the title of the land.
  1. ^ Ontario Land Registration Reform Act See John R. Wood, Understanding Electronic Registration: Rights of Way and Property Rights Generally, Carswell, (2014) 38 R.P.R. (5th) 4.

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Deeds registration

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Deeds registration is a land management system whereby all important instruments which relate to the common law title to parcels of land are registered...

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Torrens title

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register. Ownership of land is transferred by registration of a transfer of title, instead of by the use of deeds. The Registrar provides a Certificate of...

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Recorder of deeds

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Recorder of deeds or deeds registry is a government office tasked with maintaining public records and documents, especially records relating to real estate...

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Land registration

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adopted in 1870, replacing the deeds registration system. Land registration is governed by the Land Transfer Act 1952. The Deeds system was introduced in 1841...

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Quitclaim

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by state, and in Massachusetts quitclaim deeds include statutory warranties (similar to “special warranty deeds” in other states) and are the norm rather...

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Warranty deed

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A warranty deed is a type of deed where the grantor (seller) guarantees that they hold clear title to a piece of real estate and has a right to sell it...

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Deed

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bilateral. Deeds include conveyances, commissions, licenses, patents, diplomas, and conditionally powers of attorney if executed as deeds. The deed is the...

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Estoppel by deed

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arising out of the deed, or involving a particular right arising out of the deed. While rooted in warranty deeds, estoppel by deed has been extended to...

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Allodial title

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displaying wikidata descriptions as a fallback Torrens title – Land registration and land transfer system Express, Britain. "Domesday Book glossary"....

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Real estate

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Conveyancing Bona fide purchaser Torrens title Strata title Deeds registration Estoppel by deed Quitclaim deed Mortgage Equitable conversion Action to quiet title...

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Adverse possession

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Land Registration Act 2002 (Transitional Provisions) (No 2) Order 2003). Section 75(1) Land Registration Act 1925. Section 75(2) Land Registration Act...

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Nemo dat quod non habet

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a person with superior title if the subsequent purchaser recorded their deed prior to the person with superior title. A notice statute will divest common...

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Bailment

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Conveyancing Bona fide purchaser Torrens title Strata title Deeds registration Estoppel by deed Quitclaim deed Mortgage Equitable conversion Action to quiet title...

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Estate in land

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Conveyancing Bona fide purchaser Torrens title Strata title Deeds registration Estoppel by deed Quitclaim deed Mortgage Equitable conversion Action to quiet title...

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Usucaption

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provided for the right of possession of property in the absence of a legal deed or title, if, after three years of occupancy, no protest or counter-claim...

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Index of real estate articles

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Decree Deductible expense Deed Deed in bargain and sale Deed in lieu of foreclosure Deed in trust Deed of gift Deed of trust Deed restriction Default Defeasance...

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Quiet title

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fraudulent conveyance of a property, perhaps by a forged deed or under coercion; Torrens title registration, an action which terminates all unrecorded claims;...

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Escheat

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the Law Commission in their report "Land Registration for the Twenty-First Century". The Land Registration Act 2002 was passed in response to that report...

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Life estate

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remaindermen outside of probate. Enhanced life estate deeds are also sometimes referred to as Lady Bird Deeds. The intestacy laws of England and Wales from 1...

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Fee tail

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the settlement deed. The terms fee tail and tailzie are from Medieval Latin feodum talliatum, which means "cut(-short) fee". Fee tail deeds are in contrast...

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Fee simple

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common law, the deed or will must state "to B and his heirs". Anything short of those words transferred a smaller estate. Modern deeds usually follow a...

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Lien

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Conveyancing Bona fide purchaser Torrens title Strata title Deeds registration Estoppel by deed Quitclaim deed Mortgage Equitable conversion Action to quiet title...

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Lateral and subjacent support

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Conveyancing Bona fide purchaser Torrens title Strata title Deeds registration Estoppel by deed Quitclaim deed Mortgage Equitable conversion Action to quiet title...

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Strata title

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Conveyancing Bona fide purchaser Torrens title Strata title Deeds registration Estoppel by deed Quitclaim deed Mortgage Equitable conversion Action to quiet title...

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