2011Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese RegsbladOpen access

Tenure Security Reformand Electronic Registration: Exploring Insights from English Law

Hanri Mostert

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Abstract

This paper examines the potential significance of updating registration practices in resolving some of the issues about tenure security in a transformative context. It deals with the importance of good governance in the context of land administration and considers its impact on intended reforms. Land registration practice as an indicator of the quality of governance is scrutinised. The debate about the kinds of interests to be served by tenure security reforms is considered. A comparative law analysis demonstrates how demands for electronification, placed on registration systems, can reshape the process of securing tenure. The paper then highlights issues for further investigation and discussion.KEYWORDS: Security of tenure; land registration; good governance; deeds registration practice; electronification; deeds registration system; communal land rights

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This paper examines the potential significance of updating registration practices in resolving some of the issues about tenure security in a transformative context. It deals with the importance of good governance in the context of land administration and considers its impact on intended reforms. Land registration practice as an indicator of the quality of governance is scrutinised. The debate about the kinds of interests to be served by tenure security reforms is considered. A comparative law analysis demonstrates how demands for electronification, placed on registration systems, can reshape the process of securing tenure. The paper then highlights issues for further investigation and discussion.KEYWORDS: Security of tenure; land registration; good governance; deeds registration practice; electronification; deeds registration system; communal land rights

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Available abstract

This paper examines the potential significance of updating registration practices in resolving some of the issues about tenure security in a transformative context. It deals with the importance of good governance in the context of land administration and considers its impact on intended reforms. Land registration practice as an indicator of the quality of governance is scrutinised. The debate about the kinds of interests to be served by tenure security reforms is considered. A comparative law analysis demonstrates how demands for electronification, placed on registration systems, can reshape the process of securing tenure. The paper then highlights issues for further investigation and discussion.KEYWORDS: Security of tenure; land registration; good governance; deeds registration practice; electronification; deeds registration system; communal land rights

Key concepts: Land registration, Security of tenure, Context (archaeology), Corporate governance, Transformative learning, Land administration, Law, Process (computing)

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