COMPARISON OF ADEED AND A TITLE REAL ESTATEREGISTRATION SYSTEMS
Journal Title: Юридичний науковий електронний журнал - Year 2017, Vol 6, Issue
Abstract
This article investigates the issues related to the main differences between a title and a deed registration system of property rights to real estate, as well as the determination of a system for registering property rights to real estate and its features, which now exists in Ukraine. The main purpose of the article is to investigate the features of the abovementioned registration systems, to compare them with each other and to determine what it needs to be done in Ukraine in order to make real estate owners feel more protected from any encroachments on their rights to such property. Today in the world practice as a general rule there are only two state registration systems of immovable property: a title and a deed registration systems. To describe them briefly, a title system provides for registration of rights to immovable property, and a deed system provides for registering of real estate transactions. The main characteristic which differs the registration systems of rights to immovable property – is the role that the state has in the field of protection of such owner’s rights: whether it fulfills the protection functions by itself or entitles the owners of property rights to take care of the protection of such kind of rights by themselves. Should be noted that the overwhelming majority of countries in the world adhere especially to a title registration system when the registration object is a right as well as its restrictions and encumbrances. This system is based on the principle «no registration – no right». A deed system (registration of transactions) is more typical for the Common law countries. The basic principle that operates here is the principle of «no registration – no transaction». Since 2013, we have a system that is close to a title one, but does not foresee the main element that the developed countries with the same title registration system have, namely, the guarantees to a fair owner the protection of his rights to real estate, as well as the responsibility of a state for a violation of such rights, which are settled in a state register.
Authors and Affiliations
О. С. Коровайко
Keywords
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