Download This PaperDesigning An Automated Torrens System — Baseline Criteria, Risks and Possible Outcomes
Rod Thomas, Rouhshi Low and Lynden Griggs “Designing an automated Torrens system - baseline criteria, and possible risks” [2015] New Zealand Law Review 452
18 Pages Posted: 24 Jan 2019 Last revised: 31 Jan 2019
Date Written: January 13, 2019
Abstract
This article is a continuation of a discussion of automation of Torrens regimes, introduced by the authors in [2013] NZ L Rev 227. In this article, the authors explore design constraints affecting automation of Torrens systems against the background of the three criteria previously developed to assess automation proposals: proof of identity (or name); proof of ownership; and proof of authority to deal. They then propose four different measures that may assist in moving any system towards full automation.The article concludes with a summary of seven propositions offered as guidelines to system designers and closes with the following question: if the outcome of automation transfers risk from the registry to conveyancers can that system still properly be considered Torrens in its nature?
Keywords: land registry, design criteria, automation
JEL Classification: K11
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