This Is Guernsey

By Simon Tostevin

ESTABLISHING a land registry would be desirable but not without possible problems, a leading advocate has warned.

Investigations into setting one up are set to start following approval by States members of Treasury and Resources’ proposals that a registry using digital mapping technology to plot boundaries accurately should be investigated, as opposed to the current Registry of Deeds held at the Greffe.

Advocate Paul Nettleship (pictured), of Collas Day’s property team, supported the proposal, but said there were a number of hurdles to consider.

‘We are looking all the time at ways to improve efficiencies, lower costs, and pass these savings on to the client.

‘A land registry, if properly established, could help achieve this.

‘That is not to say it would be straightforward and without its problems.

‘For example, we have seen an exponential rise in the number of boundary disputes in recent years.

‘A land registry would not solve these problems, but would bring some of them to the fore.’

He said the use of Global Positioning System would be good, but there would be cost implications and it would not necessarily help with establishing ownership of all boundary features.

Another issue was that of guarantee of title.

‘Currently the advocates acting for the seller guarantee title,’ said Advocate Nettleship.

‘That is to say they provide a legal assurance that the seller has good title to the property.

‘With a land registry, the States would have to guarantee good title. Have they given this and its implications considerations?’

Advocate Nettleship said other issues would need to be considered and he recommended conveyancing advocates were consulted as part of the review.

However, one major benefit he saw would be the efficiencies gained from not having to walk to the Greffe and check and copy century-old tomes, often hand-written and in French, which added time and expense to a transaction.

‘If we can catch up with the 21st century then the process of buying and selling property should, in theory, become a lot simpler.’

Another lawyer backing the creation of a land registry was Richard Lloyd, an English solicitor at Collas Day, who has plenty of experience of the English land registry.

He said it would be beneficial in the long term.

‘I agree with Deputy Charles Parkinson that, although initially the project could be costly, it would be a continuing process. After all, the English land register was started in 1862 and is still being developed.

‘My experience of conveyancing in the UK has shown me that the search process using an electronic registry is a much more efficient use of time than the search process in Guernsey.’

Treasury’s review is to include research into suitable models, identifying legislative requirements and finance and resources for the project.

Article posted on 3rd November, 2009 - 2.30pm