Defining Econveyancing

Brennan, Gabriel

doi:10.1007/978-3-319-10341-9_3

Gabriel Brennan²

546 Accesses

Abstract

In order to understand eConveyancing it is first necessary to ask; what is conveyancing? To the layman it is the purchase or sale of property. For example number 15 Royal Road, Ontario. The vendor owns the property and wishes to sell and the purchaser wishes to buy the property. In legal terms what is owned is not the property but an estate or an interest in land.

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Notes

1.
In Ireland this is known as a loan offer while in Ontario it is referred to as pre-approval.
2.
In both jurisdictions this will usually be subject to conditions.
3.
In Ireland this is usually done prior to the formal agreement but in Ontario the formal agreement is usually signed subject to a satisfactory home inspection by a professional home inspector.
4.
Examples include searching of records held by the registering authority, planning and environmental bodies and court records. Additional queries may also be raised with the transferor about private information which is not available in a public register. An example would be information about any tax liability which might impact on the sale. See Appendix 6 of Moore and Globe (2003) for examples of searches to be done in Ontario. See also Donahue et al. (2003), pp. 312–315 for an explanation of how to do electronic searching in the Teraview system.
5.
In Ireland this is by way of a Contract for Sale. In Ontario it is by way of an Offer to Purchase. Both are standard documents which contain the key terms and conditions of the transaction such as payment of deposit, amount of purchase monies, particulars of the property, date of completion and details of any issues that need to be addressed as part of the transaction.
6.
This generally occurs before execution of the contract. It involves formal confirmation based on the specific transaction in question.
7.
In Ireland this is called an Apportionment Account. In Ontario it is a Statement of Adjustments.
8.
Brennan and Casey (2014), chapter 2.
9.
Donahue et al. (2003), chapter 12.
10.
Harpum (2004), p. 5.
11.
Sneddon (2007), pp. 2–3.
12.
Law Society of Ireland (2008a), p. 1. This is similar to the broad scope of the eConveyancing project initially proposed in England and Wales. Harpum offers a brief practical guide showing how domestic conveyancing might work in this context while Butt provides additional detail for a typical transaction in that jurisdiction. See Harpum (2000), pp. 5–7 and Butt (2006), pp. 7–22.
13.
Sneddon (2007), p. 2.
14.
O’Sullivan (2007), p. 5.
15.
The Law Society (2005), p. 16.
16.
Libbis (2007), p. 3. Libbis doesn’t specifically identify what will be more convenient and efficient about eConveyancing.
17.
This model is used in Queensland. See Killilea (2010).
18.
See Killilea (2010) for an alternate view. Killilea has no difficulty labelling the Queensland method of scanning paper documents as an eRegistration system.
19.
Common registration documents have been introduced in Ontario for both registered and unregistered titles. See Donahue et al. (2003), p. 1. The standard transfer deed has been reduced to three pages and the standard charge to two pages. This is in line with other advances whereby the contract between the transferor and transferee has been reduced to four pages.
20.
Dematerialisation is the process of replacing paper with an electronic process or no process at all. Many jurisdictions have removed the need for paper certificates of title which mirrored the ownership record details recorded in the registry. This paper was required to be produced on each sale of the land and thus would prove to be an impediment to an electronic system. Examples include Ontario which did this in 1979 (section 32, The Land Titles Amendment Act, 1979, S.O. 1979, c. 93), New Zealand which did this in 2002 (section 18, Land Transfer (Computer Registers and Electronic Lodgement) Amendment Act 2002) and Ireland which did this in 2006 (section 73, Registration of Deeds and Title Act 2006). Harpum (2000), p. 3 notes that the “mechanisms by which property is transferred are undergoing a revolution, namely, the move from paper-based to dematerialised dealings.” Treacy (2007), p. 29 sees the removal of paper certificates as “a far-reaching and necessary milestone on the road towards implementation of a full e-conveyancing system in Ireland.”
21.
Common data standards are particularly important for eConveyancing projects that straddle jurisdictions. For example the NECS (now PEXA) system in Australia will involve eight jurisdictions. See Libbis (2007), p. 8.
22.
See Christensen et al. (2003).
23.
No jurisdiction has yet succeeded in making the process entirely paperless. In many instances the client’s authority must still be given by a wet signature on a paper document. In Ontario the client must sign an Acknowledgement and Direction authorising the lawyer to enter into a DRA and to electronically sign and register the documents.
24.
Kelly (2010).
25.
Widdison (1997), p. 144. Note however that on occasion the electronic world may instead add to the paper environment. In the Irish eStamping system Revenue replaced a physical stamp on the deed with an electronic return but lawyers must now print that return for their file.
26.
Though in England solicitors often do this via electronic identity verification providers.
27.
A contract for insuring and indemnifying against loss or damage. In conveyancing transactions it may compensate the land owner if a title defect arises.
28.
Moore and Globe (2003), pp. 40–41.
29.
See Sect. 9.6.
30.
See O’Connor (2009), pp. 133–159 for an examination of the lowering of lending standards including the omission of physical inspection of the property at p. 139.
31.
For types of mortgage fraud see Pierson (2007).
32.
Sneddon (2007), p. 9. See also National Electronic Conveyancing Office Risk Assessment of the National Electronic Conveyancing System, 9 February 2007. http://www.necs.gov.au/ArticleDocuments/FinalReportOfClaytonUtz_RiskAssessment.pdf. Accessed 23 June 2014.
33.
In Ontario title information already stored in the POLARIS (Province of Ontario Land Registration Information System) database will automatically be brought forward and entered into the electronic document. See Moore and Globe (2003), p. 425.
34.
Moore and Globe (2003), p. 267 state that all necessary Family Law Act statements are preprogrammed into the electronic document and this reduces clerical errors while simplifying document drafting.
35.
Arruñada (2010), p. 115.
36.
ARTL stands for Automated Registration of Title to Land but the system is both automated and automatic.
37.
Traynor (2008).
38.
The proposal was to allow solicitors and licensed conveyancers to make alterations to the register by registering dispositions at the same time as they are made. See Law Commission and HM Land Registry (2001), p. 287. The report states that this is the only practicable way to have simultaneous disposition and registration. See also Butt (2006), p. 10.
39.
See Muir (2003) for an explanation of how this system operates.
40.
Greenwood and Jones (2003), pp. 325 and 330.
41.
Arruñada (2010), p. 115. He notes at p. 116 that staff do perform some checks and audits after registration but by then it is too late to change anything as the registrar’s powers of correction are limited.
42.
Arruñada (2010), p. 119.
43.
The particular legislative sections that provide for indefeasibility are often called “paramountcy” provisions. See the use of this term in Cooke and O’Connor (2004), p. 645.
44.
Miceli and Sirmans (1995), p. 83.
45.
See also Sect. 4.4.
46.
Perry (2003b), p. 1696.
47.
For further details in relation to the New Zealand system see Muir (2007), p. 5.
48.
See Greenwood and Jones (2003) for details of how the post-registration audit function operates in New Zealand.
49.
It is difficult to see how the registrar would not also have a role in registration particularly where rectification of the title or boundaries is required.
50.
See Murray (2007), p. 7. Section 23.1 Land Registration Reform Act R.S.O. 1990 CHAPTER L. 4.
51.
Murray (2007), pp. 10–13.
52.
Harpum (2000), p. 6.
53.
Lawyers in Victoria also rejected the possibility of agency registration because of the transfer of risk. See Arruñada (2010), p. 118.
54.
O’Sullivan (2007), p. 7.
55.
McHugh (2010). See also Deeney (2014), p. 369.
56.
Kostova (2010), p. 59.
57.
Keating (2012), pp. 8–9.
58.
Land Registration Reform Act R.S.O. 1990 CHAPTER L. 4.
59.
The aim of the LRRA was to computerise, modernise and combine the unregistered and registered systems.
60.
Low (2005), p. 8. See also BC OnLine.
61.
For example the system may automatically calculate the fee payable or force the applicant, or registrant, to choose options from a predetermined list. In Ontario the system will not allow the application to be lodged until certain required elements are completed. Similarly the ARTL system requires all questions relevant to the application to be completed before it allows the application to be submitted for registration.
62.
This approach means that supporting documentation is not lodged in the registry. Instead the applicant, or registrant, certifies that such documentation has been executed and is held by them. This approach can cause concern among lawyers who, rather than lodging such documentation in the registry, now have to certify the existence of same while bearing the cost of storage.
63.
Clancy (2008), p. 5.
64.
Clancy (2008), p. 5.
65.
O’Sullivan (2007), p. 5.
66.
BC OnLine.
67.
BC OnLine.
68.
For example physical inspection of the property by the transferee, verification of identity in order to meet anti-money laundering legislation and authorisation for the transaction.
69.
Arruñada (2010), p. 119.
70.
Examples include Scotland, New Zealand, British Columbia and Ontario. For an examination of the potential for fraud and security issues arising from the use of digital signatures in eConveyancing see Kostova (2010), pp. 21–32. See also Keating (2012).
71.
See Law PRO Magazine Supplement Fall (2011) for the requirements in different jurisdictions.
72.
Kostova (2010), p. 26.
73.
Griggs and Low (2011), pp. 285–308.
74.
Kostova (2010), p. 27.
75.
Perry (2003a), p. 29.
76.
The stroke of a pen.
77.
Perry (2003a), p. 27.
78.
Perry (2003b), p. 1696.
79.
Deeney (2014), p. 365.
80.
Property Registration Authority ‘Strategic Plan 2013–2015’ (2013), p. 37.
81.
The Law Reform Commission (2006), p. 5.
82.
E.g. Scotland. See Christensen (2004) for an example of the paper documents that are retained in a number of jurisdictions.
83.
Clanchy (1993).
84.
For example Ruoff, writing in 1952, was encouraging title registrars to use cash registers for recording fees paid and photography for copying plans and documents. Ruoff (1952), p. 163.
85.
Keating examines the development of signatures and seals in looking at the form and function of signatures in conveyancing and how these have developed due to technological innovations. See Keating (2012), pp. 26–28 and also p. 34.
86.
In writing about eRegistration Muir notes the symbolic value of the paper title as a tangible representation of a land owners legal title and ownership. See Muir (2003), p. 316.
87.
Micheler (2002), p. 12.
88.
Micheler (2002), pp. 12–13.
89.
Furlong (2008), pp. 44–47.
90.
Furlong (2008), p. 47.
91.
The Law Society (2005), p. 10.
92.
This was the original proposal in England and Wales. See Law Commission and HM Land Registry (2001). See also Howell (2006), p. 569.
93.
Gahan (2008), p. 15.
94.
McDonagh and White (2008), p. 21.
95.
Hess and Vaskovich (2007), p. 183.
96.
Castells (2000), p. 693.
97.
Irish Government (2002), Foreword.
98.
Castells (2000), p. 693.
99.
Castells (2000), p. 693.
100.
Brande-Lavridsen (2002), p. 10.
101.
Harpum (2000), p. 3.
102.
Irish Government (2002), Foreword.
103.
Harpum (2000), p. 3.
104.
Micheler (2002), p. 9.
105.
Davies (2008), p. 952.
106.
Brande-Lavridsen (2002), p. 1.
107.
Forfás (2008), p. 5.
108.
ComReg.
109.
Van Oosterom et al. refer to a technology push and a market pull. Van Oosterom et al. (2006), p. 629.
110.
Department of Public Expenditure and Reform.
111.
Gahan (2008), p. 15.
112.
Wylie (2004), pp. 10–11.
113.
McDonagh and White (2008), p. 45. See also Gahan (2008), p. 15; and Forfás (2008), p. 5.
114.
McDonagh and White (2008), pp. 19–55.
115.
This weblink has now been closed.
116.
Comptroller and Auditor General eGovernment Special Report (2007), p. 10.
117.
Comptroller and Auditor General eGovernment Special Report (2007), p. 11. See also Comptroller and Auditor General Accounts of the Public Services 2008 Annual Report (2009), p. 76.
118.
Comptroller and Auditor General eGovernment Special Report (2007), p. 28.
119.
Comptroller and Auditor General Accounts of the Public Services 2008 Annual Report (2009), p. 74.
120.
See Comptroller and Auditor General Development of Human Resource Management System for the Health Service (PPARS) Report on Value for Money Examination (2005).
121.
Comptroller and Auditor General Press Release: Report on eGovernment (2007).
122.
European Commission (2010), p. 32.
123.
European Commission (2014), p. 32.
124.
OECD (2008), p. 14.
125.
McDonagh and White (2008), pp. 46–47.
126.
See Sect. 3.4.
127.
Department of Public Expenditure and Reform.
128.
See Sect. 3.4.1.
129.
Department of Public Expenditure and Reform.
130.
Department of Public Expenditure and Reform, pp. 2, 7, 9–13 and 17.
131.
Government Publications.
132.
Government Publications, p. 58.
133.
Kostova (2010), p. 1.
134.
Wylie for example. See Wylie (2004).
135.
Ahern (2005).
136.
Jamieson (2006), p. 75.
137.
The Law Society of Ireland (2008a) insists that it would be a fundamental mistake to digitise the current paper based system. It advocates that the whole process be re-designed and simplified to suit the online environment.
138.
Kostova (2010), p. 3.
139.
Kostova (2010), p. 33 notes that it is difficult to measure the potential savings, be it less clerical time, volume of paper or some other feature of the solution. However see ConsultingWhere Limited and ACIL Allen Consulting for LINZ ‘Better Property Services’ Final Report (2013) which looks at the potential economic benefits of easier access to government property and building services and information in New Zealand.
140.
The Law Reform Commission (2006), p. 2, Appendix.
141.
Abrahamson (1991), pp. 588–589.
142.
Abrahamson (1991), p. 597.
143.
Levi-Faur (2005), pp. 23–24.
144.
Levi-Faur (2005), p. 23.
145.
Rogers (2003), p. 348.
146.
Levi-Faur (2005), p. 28.
147.
Rogers criticizes the pro-innovation bias of diffusion research and says this is a serious shortcoming caused by the research being funded by change agencies and a rejected and/or discontinued innovation is less likely to be investigated by a researcher. The implication is that either researchers are biased because they have been ‘bought’ or only successful innovations receive publicity and kudos. Of course researchers may be biased and it is possible that unsuccessful innovations are more likely to be covered up but it is cynical to taint all diffusion research with these shortcomings. See Rogers (2003), pp. 106 and 110.
148.
National Electronic Conveyancing Office (2007). This report is in three volumes and was carried out by the law firm Clayton Utz (contact Mark Sneddon).
149.
Risks 34, 77, 78 and 81 relate to land registry errors. These are of interest but are not of direct relevance to this research. See 10.1 of volume 1 and also volume 3.
150.
Gahan (2008), p. 15. Similar type benefits have been articulated by McDermott. See McDermott (2006), p. 68.
151.
Connolly (2007), p. 11.
152.
See Sect. 6.2 for a more detailed analysis.
153.
This may only be true if there is some means of the data being validated as it is entered into the system.
154.
Conclusions of the sessions ‘Conclusions of the sessions’ United Nations Economic Commission for Europe’s Working Party (2008).
155.
In Ireland it is proposed to merge the PRA with Ordnance Survey Ireland (OSi) and the Valuation Office. See Property Registration Authority ‘Strategic Plan 2013–2015’ (2013), p. 3.
156.
Locke (2007), p. 5.
157.
Dale et al. (2006) refer at p. 15 to a ‘one-stop-shop’ method of access to land registration.
158.
For example in England and Wales.
159.
Teranet in Ontario.
160.
Teranet started as a public private enterprise.
161.
Widdison refers to an information revolution. See Widdison (1997), p. 144.
162.
Perry (2003a), p. 29.
163.
Wylie (2004), p. 11.
164.
Deeney (2014), p. 426.
165.
Stanley and Adlington (2007), p. 3.
166.
Deeney notes that eConveyancing will require a fundamental review of the present functionality of the Irish land register. Deeney (2014), p. 365.
167.
Dale et al. (2006), p. 5 note the increasing concern to see land from a three-dimensional perspective so as to record various horizontal layers of information.
168.
Locke (2007), pp. 8–9.
169.
Locke (2007), pp. 9–10. See also Gray and Gray (2009), p. 139.
170.
Locke does not make a direct causal link between the new interests in Australia and the development of eRegistration. Instead he examines them in the context of the challenges and opportunities faces by the land registries and the use of the land titling system to support efficient operation of markets which are of significant value to the economy. See Locke (2007), pp. 3 and 8.
171.
Property Registration Authority ‘Strategic Plan 2013–2015’ (2013), p. 31 which states that it is in the public interest that the authority pursue an active approach in relation to such collaborations.
172.
Property Registration Authority ‘Annual Report 2012’ (2013), p. 11. This new portal called MyPlan.ie provides information about development plans and planning decision-making. See http://www.myplan.ie/en/index.html.
173.
Conclusions of the sessions ‘Conclusions of the sessions’ United Nations Economic Commission for Europe’s Working Party (2008).
174.
This could mean a move from several registers e.g. tax, planning, title, to one register and the expansion of that one register to reflect all the required information about the property.
175.
For an examination of the move from a closed to an open register in England and Wales see Timothy (2007). The Irish title register is also an open register but the original title documents on which the register is based are only available to authorised persons. See Deeney (2014), p. 73.
176.
An example of this principle is the National Land Information System (NLIS) in England and Wales which provides a hub or channel for conveyancing searches. This is a commercial service licensed and regulated by government. For a recent review of this service see ConsultingWhere Limited and ACIL Allen Consulting for LINZ (Land Information New Zealand) (2013), p. 64 and Annex A to that report.
177.
Sabaliauskas and Mikuta (2008).
178.
See Arruñada (2010), pp. 116–117 for an analysis of the incidence of errors in the New Zealand system.
179.
McDermott (2006), p. 69.
180.
Deeney (2014), p. 53.
181.
Moore and Globe (2003), p. 425.
182.
Treacy and O’Sullivan (2004).
183.
Treacy and O’Sullivan (2004), p. 6.
184.
Moore and Globe (2003), p. 12.
185.
Kostova (2010), p. 56.
186.
Rätsep (2008), p. 3.
187.
Takács (2008), p. 5.
188.
See Sect. 4.3.
189.
Takács (2008), p. 5.
190.
Clancy (2007), p. 11.
191.
Arruñada (2010), p. 119.
192.
Arruñada (2010), p. 119.
193.
Perry (2003a), p. 26.
194.
Perry (2003c), p. 215.
195.
Perry (2003a), p. 26.
196.
Perry (2003a), p. 29. While an increase in costs might be justified for other benefits it would be difficult to justify any substantial increase in costs even if short term.
197.
For one example see Miceli et al. (2002), pp. 565–582.
198.
Perry (2003a), p. 29.
199.
Sneddon (2007), p. 9.
200.
Griggs (2001).
201.
Perry (2003a), p. 29.
202.
For example in Australia an audit was called for after it was alleged that the Victorian government spent an estimated $50 million to build its state based eConveyancing system which had been used for only one completed property transaction; see Merritt (2009).
203.
Perry (2003b), p. 1696.
204.
Perry (2003a), p. 29. One of the additional costs is software licensing fees.
205.
Butt (2006), p. 5.
206.
Brown (2003), p. 626.
207.
Murray (2004), p. 20.
208.
For an example of how the property market can impact on lawyers professional indemnity insurance see Elliot (2014).
209.
Arruñada (2010), pp. 115–120.
210.
Arruñada (2010), p. 118. Grinlinton (2003), p. 218 notes that transactions remotely registered by conveyancers may not be subject to the same scrutiny and there is a strong possibility that a substantial number of errors may infect the system and sit latent on the register possibly for many years.
211.
Thomas is also critical of the New Zealand system on the basis that it makes the title less secure due to the removal of the paper title document and non-intervention of registry staff. Also the new system transfers more risk to conveyancers for fraudulent and incorrect transactions. See Thomas (2003), pp. 366–367.
212.
Arruñada (2010), p. 118.
213.
Kostova (2010), p. 28. Two recent cases where solicitor fraud did occur in the paper environment relate to Michael Lynn and Thomas Byrne. Both engaged in mortgage fraud causing losses to financial institutions of amounts estimated to be in excess of 100 million euro. See Law Society of Ireland (2008b), p. 12. See also Keating (2012), pp. 20–21. Deeney refers at p. 373 to two serious cases of fraud coming to the attention of the Irish registering authority in October 2007, “one of which related to the fraudulent registration of the ownership of a large number of investment properties and the registration of multiple fraudulent mortgages.” It is likely that this is a reference to the fraud perpetuated by Lynn and Byrne. See Deeney (2014). It is surprising that there have been no reported court cases arising from these frauds.
214.
Arruñada (2010), p. 118. See ConsultingWhere Limited and ACIL Allen Consulting for LINZ (Land Information New Zealand) (2013) and Annex C for details of the advances in the different Australian states and territories.
215.
Short for property exchange Australia. PEXA ‘NECDL Name Change’ email 3 March 2014.
216.
This has now extended to seven transacting banks and financial institutions.
217.
PEXA ‘NECDL Name Change’ email 3 March 2014.
218.
PEXA ‘An Update on the PEXA Release Schedule’ email 22 May 2014.
219.
PEXA ‘First Practitioners Start Transacting on PEXA’ email 17 June 2014.
220.
Cross (2009) and Department for Communities and Local Government.
221.
HM Land Registry Press Release (2011).
222.
HM Land Registry.
223.
HM Land Registry Press Release (2011).
224.
HM Land Registry Press Release (2011).
225.
Department for Business, Innovation and Skills (2014).
226.
Cross (2014).
227.
Outsourcing or the involvement of private sector finance is not new in the delivery of land information services. In England and Wales NLIS is a commercial service licensed and regulated by government. For a recent review of this service see ConsultingWhere Limited and ACIL Allen Consulting for LINZ (Land Information New Zealand) (2013), pp. 64–72 and Annex A to that report. See also p. 81 of the final report which notes that Landweb Direct in Northern Ireland was one of the first financially free-standing information technology projects in the Private Finance Initiative (PFI) field. The model in Ontario is also one where the government has outsourced operation of the land registry to private enterprise. See Annex B to the report. The role of Public Private Partnerships in Australia is also addressed in Annex C. With this report New Zealand is examining the benefits to be gained by moving in this direction.
228.
See Sect. 3.2.4.
229.
Keating (2012), pp. 83 and 87.
230.
Kostova (2010), p. 39.
231.
HM Land Registry acknowledging the move away from etransfers towards electronic applications with scanned transfers.
232.
Browning provides another dissenting voice. He has been vocal in his prediction that England’s eConveyancing project will crash and burn. See Browning.
233.
Perry (2003a), p. 26.
234.
ConsultingWhere Limited and ACIL Allen Consulting for LINZ (Land Information New Zealand) (2013), Annex C, p. 21 notes the lack of a strong evidence base for the development of a national eConveyancing system in Australia.
235.
Connolly (2007), p. 20.
236.
McDowell (2006).
237.
European Commission (2014), p. 33.
238.
Connolly (2007), pp. 36–51. See also Killilea (2010).
239.
The Law Reform Commission (2006).
240.
The Law Reform Commission (2006), p. 11.
241.
Treacy and O’Sullivan (2004), p. 5.
242.
In Ontario the title record is called the parcel register. For an example see Moore and Globe (2003), p. 166.
243.
Treacy (2006), pp. 33–34.
244.
Treacy (2006), p. 34.
245.
Treacy and O’Sullivan (2004), p. 5.
246.
Property Registration Authority ‘Annual Report 2012’ (2013), p. 16.
247.
No. 12 of 2006.
248.
Clancy (2008), p. 6.
249.
Treacy (2007), p. 31.
250.
Deeney (2014), pp. 368–369.
251.
Deeney (2014), p. 369.
252.
O’Sullivan (2007), p. 4.
253.
Property Registration Authority ‘Annual Report 2012’ (2013), p. 15.
254.
James O’Boyle Financial Controller Property Registration Authority by email 13 June 2014.
255.
Interview with Greg McDermott ICT Manager Property Registration Authority 1 March 2012 confirmed that solicitors and law searchers account for in excess of 90 % of users.
256.
eForm 17.
257.
This facility was the first phase of eRegistration and it provides for the electronic release of registered charges.
258.
James O’Boyle Financial Controller Property Registration Authority by email 13 June 2014.
259.
James O’Boyle Financial Controller Property Registration Authority by email 13 June 2014.
260.
James O’Boyle Financial Controller Property Registration Authority by email 13 June 2014. See Deeney (2014), pp. 54–55 for common reasons for rejection of applications.
261.
Property Registration Authority ‘Strategic Plan 2010–2012’ (2010), p. 24.
262.
Interview with Greg McDermott ICT Manager Property Registration Authority 1 March 2012.
263.
Property Registration Authority ‘Strategic Plan 2010–2012’ (2010), p. 24. See also Property Registration Authority ‘Annual Report 2010’ (2011), p. 22.
264.
This was the second phase of eRegistration and allows the Health Services Executive to electronically register charges created under the Nursing Homes Support Scheme.
265.
Property Registration Authority ‘Annual Report 2012’ (2013), p. 14.
266.
Property Registration Authority ‘Annual Report 2012’ (2013), p. 14.
267.
Property Registration Authority ‘Annual Report 2010’ (2011), p. 15.
268.
Property Registration Authority ‘Annual Report 2011’ (2012), p. 15.
269.
Property Registration Authority ‘Annual Report 2012’ (2013), p. 14.
270.
Property Registration Authority ‘Annual Report 2012’ (2013), p. 12.
271.
O’Sullivan (2008). See also O’Sullivan (2007), p. 7.
272.
See Law Society of Ireland (2009). See also the Land Registration Rules 2008 (SI 326/2008) now incorporated into the Land Registration Rules 2012 (SI 483/2012).
273.
See www.edischarges.ie/login.aspx.
274.
See Clancy (2008), p. 5.
275.
Land Registration (Fees Relating to Discharges Lodged by Electronic Means) Order 2009 (SI 52/2009).
276.
See www.irishegovernmentawards.ie/winners-2010.html.
277.
McHugh (2010).
278.
There is a mandate to incentivise electronic delivery through reduced fees. See Department of Public Expenditure and Reform, p. 10.
279.
www.eregistration.ie.
280.
Property Registration Authority ‘Annual Report 2012’ (2013), p. 12.
281.
See Law Society of Ireland (2013).
282.
See Deeney (2014), p. 370 for other features.
283.
Land Registration Rules 2011 (SI 559/2011) now incorporated into the Land Registration Rules 2012 (SI 483/2012).
284.
Deeney (2014), p. 413.
285.
O’Sullivan (2007), p. 6.
286.
McDonagh and White (2008), pp. 19–55. Note that in the United Nations Global E-Government Survey of 2012 Ireland was ranked 34th as against Canada’s 11th place. See United Nations (2012).
287.
The Property Registration Authority ‘Annual Report 2010’ (2011), p. 8.
288.
Kostova (2010), pp. 17–18.
289.
Property Registration Authority ‘Annual Report 2012’ (2013), p. 12.
290.
O’Sullivan (2007), p. 5.
291.
This can be accessed at www.ibf.ie/qed.asp See also the Law Society of Ireland (2009).
292.
http://www.tfpb.ie/index.html accessed 23 June 2014. The final report of this Task Force was published in April 2014. See Brennan et al. (2014).
293.
Law Society of Ireland (2008a) and The Law Reform Commission (2006).
294.
Government Publications, p. 58.
295.
Government Publications, pp. 58–59.
296.
Donahue et al. (2003), p. 5.
297.
Murray (2004), p. 1.
298.
Murray (2004), p. 1.
299.
Donahue et al. (2003), p. 6.
300.
Murray (2004), p. 21.
301.
ConsultingWhere Limited and ACIL Allen Consulting for LINZ (2013), Annex B, p. 18.
302.
Christensen (2004). She contrasts this with the system in British Columbia which operates a dual paper and electronic system with voluntary opt in.
303.
Moore and Globe (2003), Foreword.
304.
Murray (2004), p. 21.
305.
Donahue et al. (2003), p. 6.
306.
Alex Radley Legal and Technical Officer Service Ontario by email 7 June 2012.
307.
Alex Radley Legal and Technical Officer Service Ontario by email 7 June 2012.
308.
Donahue et al. (2003), p. 6.
309.
Teranet Enterprises Inc. See http://www.teranet.ca/ Teranet also offers a range of property related services across Canada. One example is AVMs to lenders called Purview/Reavs.
310.
Moore and Globe (2003), p. 455.
311.
Alex Radley Legal and Technical Officer Service Ontario by email 7 June 2012.
312.
Christensen (2004).
313.
For the Law Society guidelines see The Law Society of Upper Canada (2002).
314.
Donahue et al. (2003), p. 7.
315.
Murray (2004), p. 8.
316.
This refers to the creation of LTCQ and LT Plus as noted in Chap. 2 under registrable interests.
317.
There are approximately 36,000 unregistered titles.
318.
Moore and Globe (2003), p. 16.
319.
Moore and Globe (2003), p. 16.
320.
This Act became applicable to all land in Ontario on 1 April 1985 by O. Reg. 35/85.
321.
Donahue et al. (2003), p. 4.
322.
Moore and Globe (2003), p. 13.
323.
Section 21 LRRA provides that an electronic document that deals with an interest in land is not required to be in writing or to be signed by the parties thereto and has the same effect for all purposes as a document that is in writing and is signed by the parties.
324.
Section 2 Electronic Registration Act (Ministry of Consumer and Business Services Statutes) 1991 S.O. 1991 c. 44.
325.
Section 22 LRRA.
326.
Section 24 LRRA.
327.
Murray (2004), pp. 9–10.
328.
Murray (2004), p. 10.
329.
For examples of the type of statements that may be made see Donahue et al. (2003), p. 336.
330.
These law statements could be seen as similar to the statement of title in Form 3 that a lawyer may give in Ireland upon first registration of a title.
331.
Section 24 of the LRRA is the statutory basis for law statements. Under section 24(2) evidence in an electronic format made in accordance with the section is deemed to comply with any requirement under a statute to provide written evidence in the form of an affidavit, declaration, statement or other written evidence despite the fact that the evidence is not in writing or signed by the parties required to provide the evidence.
332.
Moore and Globe (2003), p. 424.
333.
Moore and Globe (2003), p. 424. See also http://rc.lsuc.on.ca/jsp/eReg/practiceIssues.jsp and The Law Society of Upper Canada (2002).
334.
Murray (2004), p. 14. See also The Law Society of Upper Canada (2002).
335.
See http://www.ontario.ca/en/information_bundle/land_registration/content/ONT06_018594.html.
336.
See Donahue et al. (2003), pp. 335–336.
337.
A lawyer is prohibited from allowing any other person to use his or his diskette or password. The lawyer is also responsible for ensuring that any non-lawyers in their office who have access do not allow unauthorised persons access to the system via their diskettes. See rule 5.01 of the Law Society of Upper Canada (2013).
338.
Alex Radley Legal and Technical Officer Service Ontario by email 7 June 2012.
339.
Murray (2004), p. 15.
340.
See Donahue et al. (2003), p. 35.
341.
Murray (2004), p. 15.
342.
Donahue et al. (2003), p. 336.
343.
Murray (2004), p. 21.
344.
Alex Radley Legal and Technical Officer Service Ontario by email 7 June 2012.
345.
Alex Radley Legal and Technical Officer Service Ontario by email 27 June 2014 and Ken Crawford Sr. Legal and Technical Analyst Service Ontario by email 27 June 2014.
346.
As of January each year.
347.
Vicki McArthur Teranet by email 18 June 2014.
348.
Vicki McArthur Teranet by email 18 June 2014.
349.
Alex Radley Legal and Technical Officer Service Ontario by email 7 June 2012. There are a number of limited exceptions where a paper document may be accepted. For example where the number of properties exceeds the system limits.
350.
See Sneddon (2007), pp. 1–3, Law Society of Ireland (2008a) and The Law Reform Commission (2006), p. 10 and Exhibits B and C.
351.
Moore and Globe (2003), p. 413.
352.
See Moore and Globe (2003), pp. 474–478.
353.
Donahue et al. (2003), p. 207.
354.
Donahue et al. (2003), p. 206.
355.
Section 31 Electronic Commerce Act 2000 S.O. 2000, CHAPTER 17.
356.
Bill 28 of 2013. See http://www.ontla.on.ca/web/bills/bills_detail.do?locale=en&BillID=2745&detailPage=bills_detail_the_bill.
357.
Harpum (2004), p. 5.
358.
Harpum (2004), p. 3.
359.
Murray (2004), p. 21.
360.
See Sect. 3.3.
361.
2012 asp 5. See http://www.legislation.gov.uk/asp/2012/5/contents.
362.
Rennie and Brymer (2014).
363.
1995 c. 7.
364.
Rennie and Brymer (2014).
365.
2000 CHAPTER 7.
366.
See Christensen (2004); and Low (2005), pp. 155–178. Note however that changes have been implemented since 2004/2005.
367.
Connolly (2007), p. 53 (emphasis removed from quote).
368.
Murray (2004), p. 21.
369.
Kostova (2010), p. 53.
370.
Kostova (2010), p. 54. See also Butt (2006), p. 1.
371.
Kostova (2010), p. 56.
372.
The 2006 Act and the 2009 Act.
373.
Since 1 June 2011 all areas are subject to compulsory first registration in the case of freehold land upon conveyance on sale and in the case of a leasehold interest on the grant or assignment on sale of such an interest. See sections 23 and 24 of 1964 Act. ‘On sale’ means for money or money’s worth and accordingly would not apply to a voluntary transfer of title by way of gift or a title transferred on death.
374.
Kostova (2010), p. 56.
375.
Moore and Globe (2003), Preface.

References

Abrahamson, E. (1991). Managerial fads and fashions: The diffusion and rejection of innovations. The Academy of Management Review, 16(3).
Google Scholar
Ahern, B. (2005). Speech on the occasion of the 30th Anniversary of the Law Reform Commission. Dublin: Law Reform Commission. http://www.lawreform.ie/_fileupload/Speeches/30th%20Anniversary%20Taoiseach%20speech%20final%2023%20June%202005.pdf. Accessed 14 May 2014.
Arruñada, B. (2010). Leaky title syndrome? New Zealand Law Journal.
Google Scholar
BC OnLine. Land Title and Survey Authority (LTSA) Electronic Services. https://www.bconline.gov.bc.ca/land_titles.html. Accessed 18 June 2014.
BC OnLine. Land title registration process. http://www.ltsa.ca/cms/land-title-registration-process. Accessed 18 June 2014.
BC OnLine. Title security in BC. http://www.ltsa.ca/cms/title-security-in-bc. Accessed 18 June 2014.
Brande-Lavridsen, H. (2002). The spatial information market in Denmark. In GSDI 6 Conference – From Global to Local Budapest, Hungary, 16–19 September 2002. http://www.gsdidocs.org/gsdiconf/GSDI-6/Stream2/Wednesday_11hr/Hanne_Brande_Lavridsen/Paper-Hanne%20Brande-Lavridsen.pdf. Accessed 14 May 2014.
Brennan, G., & Casey, N. (Eds.). (2014). Conveyancing (7th ed.). Oxford: Oxford University Press.
Google Scholar
Brennan, G., de Buitléir, M., & Prendergast, W. P. (Eds). (2014). Towards the registration of defined property boundaries in Ireland. Inter-Professional Task Force on Property Boundaries.
Google Scholar
Brown, D. (2003). Electronic conveyancing – Beware and prepare. New Law Journal, 153.
Google Scholar
Browning, B. E-conveyancing – it will crash and burn. http://www.textor.com/e-conveyancing-updated.html. Accessed 9 Mar 2012.
Butt, P. (2006). Electronic conveyancing: A practical guide. London: Thomson Sweet & Maxwell.
Google Scholar
Castells, M. (2000). Toward a sociology of the network society. Contemporary Sociology, 29(5).
Google Scholar
Christensen, S. (2004). Electronic land dealings in Canada, New Zealand and the United Kingdom: Lessons for Australia. Murdoch University Electronic Journal of Law, 11(4). http://www.murdoch.edu.au/elaw/issues/v11n4/christensen114_text.html. Accessed 14 May 2014.
Christensen, S., Duncan, W., & Low, R. (2003). The requirements of writing for electronic land contracts – The Queensland experience compared with other jurisdictions. Murdoch University Electronic Journal of Law, 10(3). http://www.murdoch.edu.au/elaw/issues/v10n3/christensen103_text.html. Accessed 14 May 2014.
Clanchy, M. T. (1993). From memory to written record, England 1066–1307 (2nd ed.). Oxford: Blackwell.
Google Scholar
Clancy, D. (2007). Benchmarking land registration. In Registering the World Conference, Dublin, 26–28 September 2007. http://www.prai.ie/uploadedfiles/conference20071/papers/s5p4.pdf. Accessed 14 May 2014.
Clancy, D. (2008). From caveat emptor towards full disclosure – Developments in Ireland. In United Nations Economic Commission for Europe’s Working Party on Land Administration Workshop on the Influence of Land Administration on People and Business. http://wpla.uredjenazemlja.hr/prezentacije/Presentation%20Caveat%20Emptor%20to%20Vendor%20Disclosure%208-9-08.pdf. Accessed 14 May 2014.
Comptroller and Auditor General Accounts of the Public Services 2008 Annual Report. (2009, September). http://www.audgen.gov.ie/documents/annualreports/2008/Appropriation_Account_2008Rev.pdf. Accessed 13 June 2014.
Comptroller and Auditor General Development of Human Resource Management System for the Health Service (PPARS) Report on Value for Money Examination. (2005, December). http://www.audgen.gov.ie/documents/vfmreports/VFM_51_PPARS_Report.pdf. Accessed 13 June 2014.
Comptroller and Auditor General eGovernment Special Report. (2007, October). http://www.audgen.gov.ie/documents/vfmreports/58_eGovernment.pdf. Accessed 13 June 2014.
Comptroller and Auditor General Press Release: Report on eGovernment. (2007, October). http://www.audgen.gov.ie/viewdoc.asp?DocID=1081. Accessed 13 June 2014.
ComReg. Statistical information on the Irish electronic communications market. http://www.comstat.ie/data/data.472.1267.data.html. Accessed 13 June 2014.
Connolly, F. (2007). E-Conveyancing: Who will benefit? (B.Sc. Hons Dissertation).
Google Scholar
ConsultingWhere Limited and ACIL Allen Consulting for LINZ. (2013). Better property services. Final Report. http://www.linz.govt.nz/about-linz/news-publications-and-consultations/consultation-projects-and-reviews/better-property-services. Accessed 23 June 2014.
Cooke, E., & O’Connor, P. (2004). Purchaser liability to third parties in the English land registration system: A comparative perspective. The Law Quarterly Review, 120.
Google Scholar
Cross, M. (2009, February 19). Land registry climbdown is welcome sign of change. The Guardian. http://www.guardian.co.uk/technology/2009/feb/19/land-registry-data. Accessed 13 June 2014
Cross, M. (2014, January 27). Land registry is not for meddling. Law Society Gazette. http://www.lawgazette.co.uk/5039590.article. Accessed 19 June 2014.
Dale, P., Mahoney, R., & McLaren, R. (2006). Land markets and the modern economy. Royal Institution of Chartered Surveyors. http://www.knowedge.co.uk/Papers/Land_markets.pdf. Accessed 23 June 2014
Davies, P. L. (2008). Gower and Davies principles of modern company law (8th ed.). London: Thomson Sweet and Maxwell.
Google Scholar
Deeney, J. (2014). Registration of Deeds and Title in Ireland. Great Britain: Bloomsbury.
Google Scholar
Department for Business, Innovation and Skills. (2014, January). Introduction of a land registry service delivery company. https://www.gov.uk/government/consultations/land-registry-new-service-delivery-company. Accessed 19 June 2014.
Department for Communities and Local Government. HIPs are history: Pickles suspends Home Information Packs with immediate effect Press release 20 May 2010. http://www.communities.gov.uk/news/newsroom/1591783. Accessed 13 June 2014.
Department of Public Expenditure and Reform. Supporting Public Service Reform eGovernment 2012–2015. http://egovstrategy.gov.ie/. Accessed 19 June 2014.
Donahue, D. J., Quinn, P. D., & Grandilli, D. C. (2003). Real estate practice in Ontario (6th ed.). Canada: LexisNexis Butterworths.
Google Scholar
Elliot, J. (2014, June 16). Irish lessons. The Law Society Gazette, 19. http://www.lawgazette.co.uk/law/practice-points/irish-lessons-on-pii/5041660.article. Accessed 1 July 2014.
European Commission. (2010). ‘Europe’s Digital Competitiveness Report’ Vol II (2010) Brussels SEC (2010) 627. http://ec.europa.eu/digital-agenda/en/news/digital-agenda-investment-digital-economy-holds-key-europes-future-prosperity-says-commission. Accessed 19 June 2014.
European Commission. (2014). Assessment of the 2014 national reform programme and stability programme for Ireland. Brussels SWD (2014) 408 final. http://ec.europa.eu/europe2020/pdf/csr2014/swd2014_ireland_en.pdf. Accessed 19 June 2014.
Forfás. (2008, September). eGovernment: International best practices. http://www.forfas.ie/media/forfas080916_eGovernment.pdf. Accessed 13 June 2014.
Furlong, J. (2008, July). Going native. Law Society Gazette, 102(6).
Google Scholar
Gahan, E. (2008). Taking full advantage of the possibilities of eGovernment. Public Affairs Ireland, 51.
Google Scholar
Government Publications. Construction strategy 2020. http://www.merrionstreet.ie/wp-content/uploads/2014/05/Construction-Strategy-14-May-20141.pdf. Accessed 19 June 2014.
Gray, K., & Gray, S. F. (2009). Elements of land law (5th ed.). Great Britain: Oxford University Press.
Google Scholar
Greenwood, J., & Jones, T. (2003). Automation of the register: Issues impacting on the integrity of title. In D. Grinlinton (Ed.), Torrens in the twenty-first century. Wellington: LexisNexis.
Google Scholar
Griggs, L. (2001). Torrens title in a digital world. Murdoch University Electronic Journal of Law, 8(3). http://www.murdoch.edu.au/elaw/issues/v8n3/griggs83_text.html. Accessed 13 June 2014.
Griggs, L., & Low, R. (2011). Identity fraud and land registration systems: An Australian perspective. The Conveyancer and Property Lawyer, 4. http://eprints.qut.edu.au/46059/1/45749.pdf. Accessed 24 June 2014.
Grinlinton, D. (2003). The registrar’s powers of correction. In D. Grinlinton (Ed.), Torrens in the twenty-first century. Wellington: LexisNexis.
Google Scholar
Harpum, C. (2000). Property in an electronic age (Modern studies in property law, Vol. 1). Oxford: Hart.
Google Scholar
Harpum, C. (2004). English experience: Title by registration – Preparation for e-conveyancing. In Law Reform Commission Annual Conference. http://www.lawreform.ie/Annual%20Conference%202004.PDF. Accessed 18 Feb 2009.
Hess, C., & Vaskovich, M. (2007). Ontology engineering for comparing property transactions. In J. Zevenbergen et al. (Eds.), Real property transactions: Procedures, transaction costs and models. Amsterdam: IOS.
Google Scholar
HM Land Registry Press Release. (2011, June 20). Land registry maintains focus on transformation programme despite a challenging year. http://www.landregistry.gov.uk/media/all-releases/press-releases/2011/annual-report-201011. Accessed 19 June 2014.
HM Land Registry. Report on responses to e-conveyancing secondary legislation part 3. http://www.landregistry.gov.uk/__data/assets/pdf_file/0006/3102/econveyancing_cons.pdf. Accessed 19 June 2014.
Howell, J. (2006). Land law in an E-conveyancing world. The Conveyancer and Property Lawyer.
Google Scholar
Irish Government. (2002, March). New connections. http://www.taoiseach.gov.ie/upload/publications/1153.pdf. Accessed 13 June 2014.
Jamieson, D. (2006). Implications of eConveyancing for the Irish conveyancer. In First Law Land Law and Conveyancing Law Reform Conference, Dublin.
Google Scholar
Keating, S. (2012). Digital signatures and electronic conveyancing (LL.M. thesis). National University of Ireland, Galway.
Google Scholar
Kelly, M. (2010). Back to the future? A view on a possible future model for mortgage security perfection. In Irish Banking Federation and The Institute of Bankers in Ireland Property Conveyancing Seminar, Dublin, 11 March 2010.
Google Scholar
Killilea, M. (2010, April 17). eRegistration in Ireland – An assessment of the transferability of the Queensland model (Dissertation). Dublin Institute of Public Administration.
Google Scholar
Kostova, T. (2010). Moving towards eConveyancing in Ireland: An analysis (LL.M. thesis). University College Cork.
Google Scholar
Law Commission and HM Land Registry. (2001). Land registration for the twenty-first century: A conveyancing revolution (Report) (2001) EWLC 271. http://www.bailii.org/ew/other/EWLC/2001/271.html. Accessed 18 June 2014.
Law PRO Magazine Supplement Fall. (2011). Professional indemnity insurance around the world. http://www.practicepro.ca/lawpromag/default.asp. Accessed 13 June 2014.
Law Society of Ireland. (2008a). eConveyancing: Back to basic principles. Vision of an Electronic System of Conveyancing (‘eVision’).
Google Scholar
Law Society of Ireland. (2008b). Annual Report and Accounts 2007/2008. Law Society of Ireland. http://www.lawsociety.ie/Global/About%20Us/Annual%20Reports/AR0708.pdf. Accessed 29 June 2014.
Law Society of Ireland. (2009). New conveyancing initiatives – eDischarge and QED Form. Law Society Gazette, 103(2).
Google Scholar
Law Society of Ireland. (2013, March). PRA – eRegistration Phase 2 Roll-Out. Legal eZine for Members Issue 46.
Google Scholar
Law Society of Upper Canada. (2013). Rules of professional conduct (current to 24 January 2013). http://www.lsuc.on.ca/WorkArea/DownloadAsset.aspx?id=2147489377. Accessed 23 June 2014.
Levi-Faur, D. (2005). The global diffusion of regulatory capitalism. Annals of the American Academy of Political and Social Science, 598.
Google Scholar
Libbis, S. (2007). E-conveyancing sans frontieres; The development of an electronic conveyancing system for Australia. In Registering the World Conference, Dublin, 26–28 September 2007. http://www.prai.ie/uploadedfiles/conference20071/papers/s3p1.pdf. Accessed 14 May 2014.
Locke, M. (2007). Challenges facing land registries into the 21st century – An Australian perspective. In Registering the World Conference, Dublin, 26–28 September 2007. http://www.prai.ie/uploadedfiles/conference20071/papers/s5p2.pdf. Accessed 14 May 2014.
Low, R. (2005). Maintaining the integrity of the Torrens system in a digital environment: A comparative overview of the safeguards used within the electronic land systems in Canada, New Zealand, United Kingdom and Singapore. Australian Property Law Journal, 11(2).
Google Scholar
McDermott, G. (2006). Background to the land registry use of technology to improve customer service. In First Law Land Law and Conveyancing Law Reform Conference, Dublin.
Google Scholar
McDonagh, M., & White, F. (2008). eGovernment in Ireland: An evaluation of the legal and policy framework. Administration, 56(1).
Google Scholar
McDowell, M. (2006). Opening address. In First Law Land Law and Conveyancing Law Reform Conference, Dublin. http://www.justice.ie/en/JELR/Pages/Speech_on_land_law_and_conveyancing. Accessed 3 Sept 2010.
McHugh, P. (2010, April 30). eRegistration; The story so far and next steps. Presentation to Law Society.
Google Scholar
Merritt, C. (2009, June 19). E-conveyancing plan thrown a $2m lifeline. The Australian.
Google Scholar
Miceli, T. J., & Sirmans, C. F. (1995). The economics of land transfer and title insurance. Journal of Real Estate Finance and Economics, 10(1).
Google Scholar
Miceli, T. J., Munneke, H. J., Sirmans, C. F., & Turnbull, G. K. (2002). Title systems and land values. Journal of Law and Economics, 45.
Google Scholar
Micheler, E. (2002). Modernising securities settlement in the U.K. The Company Lawyer, 23(1).
Google Scholar
Moore, M. E., & Globe, J. M. (2003). Title searching and conveyancing in Ontario (5th ed.). Canada: LexisNexis.
Google Scholar
Muir, R. (2003). Electronic registration: The legislative scheme and implications for the Torrens system in New Zealand. In D. Grinlinton (Ed.), Torrens in the twenty-first century. Wellington: LexisNexis.
Google Scholar
Muir, R. (2007). E-conveyancing in New Zealand: Progress to date and future developments. In Registering the World Conference, Dublin, 26–28 September 2007. http://www.landregistry.ie/eng/Dublin_Conference_2007/Conference_Papers/. Accessed 9 Sept 2010.
Murray, K. (2004). Electronic registration and other modernization initiatives in Ontario’s land registration system. In Law Reform Commission Annual Conference. http://www.lawreform.ie/Annual%20Conference%202004.PDF. Accessed 18 Feb 2009.
Murray, K. (2007). Legislative amendments relating to real estate fraud and the Ministry of Government Services Real Estate Fraud Action Plan. In Registering the World Conference, Dublin, 26–28 September 2007. http://www.landregistry.ie/eng/Dublin_Conference_2007/Conference_Papers/. Accessed 9 Sept 2010.
National Electronic Conveyancing Office. (2007, February 9). Risk assessment of the national electronic conveyancing system. http://www.necs.gov.au/ArticleDocuments/FinalReportOfClaytonUtz_RiskAssessment.pdf. Accessed 23 June 2014.
O’Connor, P. (2009). Immediate indefeasibility for mortgagees: A moral hazard? Bond Law Review, 21(2).
Google Scholar
O’Sullivan, J. (2007). eRegistration and eConveyancing in Ireland – The story so far…. In Registering the World Conference, Dublin, 26–28 September 2007. http://www.prai.ie/uploadedfiles/conference20071/papers/s3p6.pdf. Accessed 14 May 2014.
O’Sullivan, J. (2008, November 7). The introduction of e-Discharges. In Virtual reality – Towards the Electronic Conveyance Law Society of Ireland Technology Committee Conference, Dublin.
Google Scholar
OECD. (2008). Ireland towards an integrated public service. http://www.oecd-ilibrary.org/governance/oecd-public-management-reviews-ireland-2008_9789264043268-en. Accessed 19 June 2014.
Perry, R. (2003a). E-conveyancing – A critical view. Conveyancing & Property Law Journal, 8(2).
Google Scholar
Perry, R. (2003b). E-conveyancing: Costs to the user. New Law Journal, 153.
Google Scholar
Perry, R. (2003c). E-conveyancing: Problems ahead? The Conveyancer and Property Lawyer.
Google Scholar
Pierson, H. (2007). Mortgage fraud boot camp: Basic training on defending a criminal mortgage fraud case (September/October 2007). The Champion 14–23. http://www.nacdl.org/public.nsf/698c98dd101a846085256eb400500c01/80920782c7de80808525738e005fafe2?OpenDocument. Accessed 5 May 2010.
Property Registration Authority ‘Strategic Plan 2010–2012’. (2010). Property Registration Authority. http://www.prai.ie/eng/Publications/Strategic_Plan/. Accessed 5 June 2014.
Property Registration Authority ‘Annual Report 2010’. (2011). Property Registration Authority. http://www.prai.ie/eng/Publications/Annual_Reports/PRA_Annual_Reports_.html. Accessed 5 June 2014.
Property Registration Authority ‘Annual Report 2011’. (2012). Property Registration Authority. http://www.prai.ie/eng/Publications/Annual_Reports/PRA_Annual_Reports_.html. Accessed 18 June 2014.
Property Registration Authority ‘Annual Report 2012’. (2013). Property Registration Authority. http://www.prai.ie/eng/Publications/Annual_Reports/PRA_Annual_Reports_.html. Accessed 5 June 2014
Property Registration Authority ‘Strategic Plan 2013–2015’. (2013). Property Registration Authority. http://www.prai.ie/eng/Publications/Strategic_Plan/. Accessed 5 June 2014.
Rätsep, H. (2008). Estonian land registration and experiences in electronic conveyancing. In CINDER XVI International Congress on Registration Law, Valencia, Spain, 20–22 May 2008. http://www.cinder2008.com/ingles/detalle_ponencia.cfm?id_ponencia=297. Accessed 26 Aug 2010.
Rennie, R., & Brymer, S. (2014, January). E-missives: What now? The Journal of the Law Society of Scotland. http://www.journalonline.co.uk/Magazine/59-1/1013511.aspx. Accessed 19 June 2014.
Rogers, E. M. (2003). Diffusion of innovations (5th ed.). London: Free Press.
Google Scholar
Ruoff, T. (1952). An Englishman looks at the Torrens system: Part II: Simplicity and the curtain principle. Australian Law Journal, 26.
Google Scholar
Sabaliauskas, K., & Mikuta, B. (2008). Land administration in Lithuania: Challenges and perspectives. In United Nations Economic Commission for Europe’s Working Party on Land Administration Workshop on the Influence of Land Administration on People and Business. http://wpla.uredjenazemlja.hr/prezentacije/22_K.%20Sabaliauskas_%20B.%20Mikuta_Land%20Administration%20in%20Lithuan.pdf. Accessed 13 June 2014.
Sneddon, M. (2007). Risk assessment and management in electronic conveyancing. In Registering the World Conference, Dublin, 26–28 September 2007. http://www.prai.ie/uploadedfiles/conference20071/papers/s4p1.pdf. Accessed 14 May 2014.
Stanley, V., & Adlington, G. (2007). World Bank experience in land administration in the transition economies of Eastern Europe and Central Asia. In Registering the World Conference, Dublin, 26–28 September 2007. http://www.prai.ie/uploadedfiles/conference20071/papers/s2p4.pdf. Accessed 14 May 2014.
Takács, E. (2008). Land registration in Hungary, legal effects of registration, legal guarantees, legality checks. In CINDER XVI International Congress on Registration Law, Valencia, Spain, 20–22 May 2008. http://www.cinder2008.com/ingles/detalle_ponencia.cfm?id_ponencia=302. Accessed 26 Aug 2010.
The Law Reform Commission. (2006). eConveyancing: Modelling of the Irish conveyancing system. The Law Reform Commission (LRC 79 – 2006).
Google Scholar
The Law Society. (2005). An e-strategy for the law society. The Law Society.
Google Scholar
The Law Society of Upper Canada. (2002, June 18). Practice guidelines for electronic registration of title documents. http://rc.lsuc.on.ca/pdf/eReg/july08_eregguidelines.pdf. Accessed 13 June 2014.
Thomas, R. (2003). Fraud, risk and the automated register. In D. Grinlinton (Ed.), Torrens in the twenty-first century. Wellington: LexisNexis.
Google Scholar
Timothy, J. (2007). The open register. In Registering the World Conference, Dublin, 26–28 September 2007. http://www.prai.ie/uploadedfiles/conference20071/papers/s4p3.pdf. Accessed 14 May 2014.
Traynor, M. (2008). Working with business communities to enable digital land registration for the 21st century. In United Nations Economic Commission for Europe’s Working Party on Land Administration Workshop on the Influence of Land Administration on People and Business. http://wpla.uredjenazemlja.hr/prezentacije/19_M.%20Traynor_Working%20with%20Business%20Communities%20to%20Enable%20Di.pdf. Accessed 13 June 2014.
Treacy, C. (2006). The Property Registration Authority – Building on progress to date. In First Law Land Law and Conveyancing Law Reform Conference, Dublin.
Google Scholar
Treacy, C. (2007, March). Doing the deed. Law Society Gazette, 101(2):29.
Google Scholar
Treacy, C., & O’Sullivan, J. (2004). Land registration in Ireland – Current position and future developments. In Law Reform Commission Annual Conference. http://www.lawreform.ie/Annual%20Conference%202004.PDF. Accessed 10 March 2009.
United Nations. (2012). 2012 global E-government survey. United Nations http://www.unpan.org/egovkb/global_reports/08report.htm. Accessed 13 June 2014.
United Nations Economic Commission for Europe’s Working Party. (2008). Land Administration Workshop on the Influence of Land Administration on People and Business. http://wpla.uredjenazemlja.hr/zapisnik.pdf. Accessed 13 June 2014.
Van Oosterom, P., Lemmen, C., Ingvarsson, T., van der Molen, P., Ploeger, H., & Quak, W., et al. (2006). The core cadastral domain model. Computers, Environment and Urban Systems, 30. http://www.eurocadastre.org/pdf/the_core_cadastral_domain.pdf. Accessed 13 June 2014.
Widdison, R. (1997). Electronic law practice: An exercise in legal futurology. Modern Law Review, 60.
Google Scholar
Wylie, J. (2004). Keynote address: Need for a modern legislative framework. In Law Reform Commission Annual Conference. http://www.lawreform.ie/Annual%20Conference%202004.PDF. Accessed 29 Jan 2009.

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Gabriel Brennan

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Gabriel Brennan
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Brennan, G. (2015). Defining Econveyancing. In: The Impact of eConveyancing on Title Registration. Springer, Cham. https://doi.org/10.1007/978-3-319-10341-9_3

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DOI: https://doi.org/10.1007/978-3-319-10341-9_3
Published: 06 September 2014
Publisher Name: Springer, Cham
Print ISBN: 978-3-319-10340-2
Online ISBN: 978-3-319-10341-9
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