Blockchain’s Unsuitability for Real Property Transactions

Rod Thomas “Blockchain’s unsuitability for real property transactions” in S Murphy and P Kenna and (eds) eConveyancing and Title Registration in Ireland (Clarus Press, Dublin, 2018)

19 Pages Posted: 24 Jan 2019 Last revised: 31 Jan 2019

See all articles by Rod Thomas

Rod Thomas

Auckland University of Technology - Faculty of Business & Law; University of Cambridge - Cambridge Centre for Property Law; European Law Institute; IPRA-CINDER; Australian College of Strata Lawyers

Date Written: January 13, 2019

Abstract

This paper attempts to bypass the hyperbole that invariably attends any discussion of the blockchain concept, and focus on its suitability for transfer of high-net-worth items which have a unique identity, or a long shelf life.

Real property falls within this classification. As recognised by the World Bank, a stable land tenure system is a necessary ingredient for economic development. Clearly, such a system should not be introduced for such a significant transactional area as land without a proper understanding of the ‘real life’ implications of how it will work.

This article concludes that the blockchain concept is, at heart, no more than a medium for transfer of value without third-party intervention. It undoubtedly has its uses, but it is unsuited for transactions of many high-value or unique assets that do not have a limited shelf life. The blockchain construct (at least in terms of what is called its ‘coloured coin’ application) fails to address issues such as the need for independent third-party verification and control of transactions.

For ease of reference, the following discussion is separated into sections. Section 1 introduces the blockchain construct, and discusses what makes a system a ‘blockchain’ system. Section 2 applies the blockchain construct to transfer of tangible and intangible property rights at common law, enabling us to understand issues that emerge in terms of introduction of a credible system. Section 3 develops this discussion in terms of a registry for transfer of real property rights under a common law system. This enables us in Section 4 to better understand the verification and control problems that emerge. Finally, in Section 5, the issues of risk and liability through implementation of a blockchain system are raised for discussion.

Keywords: blockchain, land registry, unsuitability

JEL Classification: K11

Suggested Citation

Thomas, Rod, Blockchain’s Unsuitability for Real Property Transactions (January 13, 2019). Rod Thomas “Blockchain’s unsuitability for real property transactions” in S Murphy and P Kenna and (eds) eConveyancing and Title Registration in Ireland (Clarus Press, Dublin, 2018), Available at SSRN: https://ssrn.com/abstract=3315000 or http://dx.doi.org/10.2139/ssrn.3315000

Rod Thomas (Contact Author)

Auckland University of Technology - Faculty of Business & Law ( email )

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University of Cambridge - Cambridge Centre for Property Law ( email )

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European Law Institute ( email )

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IPRA-CINDER ( email )

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Madrid, 28006
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Australian College of Strata Lawyers ( email )

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