Land Registration Act 2002 of England: lessons on title registration reform for China

Abstract

In 2002, England adopted the Land Registration Act. This article analyses, first, the evolution of the English legal regime for a title registration system which led to the passage of the Act. It then evaluates the policy goal and major content of the Land Registration Act. Finally, the author argues that China can learn many lessons from the Act. Firstly, the technical quality of legislation is crucial to the successful implementation of a title registration system. Secondly, such successful implementation is dependent on the prevailing political, economic and social conditions. Thirdly, collaboration between government departments responsible for policy formulation and implementation of title registration is also crucial. With regard to electronic conveyancing, China should appreciate that although it strives to achieve a system of ‘title by registration’ from the existing system of ‘registration of title, it is doubtful whether the English system of electronic conveyancing is compatible with the current stage of Chinese development. However, on the issue of indemnity, China can also learn from the Act by stipulating in its own indemnity provision the detailed circumstances under which indemnity would be payable: for example, a formula for calculating the amount of indemnity; a failure or reduction of claim for indemnity in the event of fraud or lack of care, and the recovery of compensation by the registrar from person(s) who cause or significantly contribute to loss through fraud. Finally, China can improve the drafting of its land registration legislation in such a way that the overall powers of these land registrations officers, as well as the circumstances under which they can ‘alter’ the land registers, are defined more clearly.