英國 土地登錄의 基礎

영국 토지등록 제도의 기초와 의무화 과정을 살펴봤다.

A system of registration of title was introduced into England as far back as 1982, but only on an optional basis. The revised system of resistration of title contained in the Land Registration Acts 1925~1971 and Rules of 1925 - which must be kept wholly distinct from systems of registration of deeds and charges - is, however, in the process of being made, area by area, compulsory over the whole of England and Wales. One method for simplifying the purchase of land, though only very slightly, is the system of registration of deeds which was first put for word in a draft Bill sufmitted to parliament in 1529.

The idea originated in records accumulated by royal officials in the centuries after the Norman Conquest and the proposals had as many political and administrative advantages as they had private advantages for parties desiring greater security for their Conveyancing transactions. The system is a simple one as it makes no change in the method of conveyancing since all it does is to set out on a register a copy of memorial of all deeds dealing with the property which have been seen by the registrar.

A purchaser is entitled to disregard all dealings with the land which do not appear on the register and so is protected against the danger of concealed and secret documents, though not forged documents. It is still up to the purchaser to investigate title in the traditional complex way.