International E-Conveyancing Strategies: Lessons for South Africa

Conveyancing is the legal process of creating, transferring and dealing with interest in land. In a global world, where there is an increased use of technology to streamline and implement fast and efficient client service delivery, it would suffice that the registration process of property be digitatised. Yet in South Africa and other countries this process remains manual. Different countries have looked at innovative e-conveyancing strategies and implemented these strategies successfully. It is the aim of this article to review the different e-conveyancing strategies used by different countries and how they were implemented giving focus to the South African conveyancing process. The article examines the conveyancing process of South Africa through the use of a conceptual framework, mapping the different stakeholders involved in the end-to-end conveyancing process. This article presents the benefits associated with e-conveyancing for the South African context and gives recommendations on the implementation of this process within South Africa. DOI: 10.5901/mjss.2014.v5n10p23

Land fraud and inappropriate dealings in an electronic environment : An Australian and New Zealand perspective

The thesis presented in this paper is that the land fraud committed by Matthew Perrin in Queensland and inflicted upon Roger Mildenhall in Western Australia demonstrates the need for urgent procedural reform to the conveyancing process. Should this not occur, then calls to reform the substantive principles of the Torrens system will be heard throughout the jurisdictions that adopt title by registration, particularly in those places where immediate indefeasibility is still the norm. This paper closely examines the factual matrix behind both of these frauds, and asks what steps should have been taken to prevent them occurring. With 2012 bringing us Australian legislation embedding a national e-conveyancing system and a new Land Transfer Act for New Zealand we ask what legislative measures should be introduced to minimise the potential for such fraud. In undertaking this study, we reflect on whether the activities of Perrin and the criminals responsible for stealing Mildenhall's land would have succeeded under the present system for automated registration utilised in New Zealand

Electronic titling: Potential and risks

Initiatives in electronic conveyancing and registration show the potential of new technologies to transform such systems, reducing costs and enhancing legal security. However, they also incur substantial risks of transferring costs and risks among registries, conveyancers and rightholders, instead of reducing them; entrenching the private interests of conveyancers, instead of increasing competition and disintermediating them; modifying the allocation of tasks in a way that leads in the long term to the debasement of registries of rights with indefeasible title into mere recordings of deeds; and empowering conveyancers instead of transactors and rightholders, which increases costs and reduces security. Fulfilling the promise of new technologies in both costs and security requires strengthening registries’ incentives and empowering rightholders in their interaction with registries.Electronic Conveyancing, Electronic Registration, Lawyers, Notaries, Digital Signatures

Plus Ça Change, Plus C'est la Même Chose

The publication of Euan Sinclair and Ann Stewart, Conveyancing Practice in Scotland (6th edn, 2012) is a reminder of the enduring role of the WS Society's members in supporting best practice in property law for over 200 years. We look at how things began in the 18th century with the remarkable Robert Bell, WS (1760-1816). (Co-authored with Robert Pirrie.

The Provision of Paralegal Education in Scotland

This research follows on from research on the Provision of Legal Education in Scotland conducted for the Open University in 2010 and on research mapping the PDA curriculum with the Skills for Justice functional map in 2012. The focus of this research is to map the provision of paralegal education in Scotland and identify gaps in that provision

Market and institutional determinants in the regulation of conveyancers

Demand for law professionals in the conveyancing of property is decreasing because of market and institutional changes. On the market side, many transactions feature large, well-known parties and standardized transactions, which make professionals less effective or necessary for protecting the parties to private contracts. On the institutional side, public titling makes it possible to dispense with a broadening set of their former functions. Recording of deeds made professionals redundant as depositories of deeds and reduced demand for them to design title guarantees. Effective registration of rights increasingly substitutes professionals for detecting title conflicts with third parties and gathering their consent. Market changes undermine the information asymmetry rationale for regulating conveyancing, while institutional changes facilitate liberalizing not only conduct but also license regulations. These arguments are supported here by disentangling the logic of titling systems and presenting empirical evidence from the European and USA markets.Lawyers, notaries, property rights, real estate, transaction costs

Land Law – The fight against gazumping

Professor M.P. Thompson (University of Leicester) considers the background and needs for the government review of conveyancing procedures in England and Wales which has focussed on stamping out the practice of gazumping. Note published in Amicus Curiae - Journal of the Institute of Advanced Legal Studies and its Society for Advanced Legal Studies. The Journal is produced by the Society for Advanced Legal Studies at the Institute of Advanced Legal Studies, University of London