Parliament is expected to pass legislation soon creating a land registration system for Bermuda. Although precise details aren’t yet known, the system is likely to be similar to land registration in other Commonwealth countries.Today’s column is an introduction to land registration.At first, all land is unregistered. In Bermuda, government-owned land is already registered in a shadow system, to become live when land registration legislation is passed. All other land should be registered over time by “trigger events”, until eventually almost all Bermuda land becomes registered.Common trigger events should be purchase, long lease, mortgage, further charge, planning application, primary homestead application and transfer after death.Presently a land owner in Bermuda proves title through at least 20 years’ worth of good paperwork, known as deeds. Deeds should be kept safe, as if they are lost or damaged, land could become unmarketable leading to a loss of value and difficulty in securing a mortgage. When that happens, land falls into disrepair, causing a loss to the economy and of precious housing for the community.The significant benefit of a system of land registration is that once land is registered, title should be proved without recourse to deeds (avoiding delays with a hunt and transfer to attorneys). Additionally, Government should guarantee each registered title, with compensation payable for inaccurate registration, resulting in loss. This is important as presently there is no defective title insurance market in Bermuda, due to the inherent dangers in a deeds-based system.On registration, a class of title should be given, with “absolute” the best and most marketable and mortgageable title. Absolute title is expected in most cases, because most deeds are in good order, having been stored with attorneys or banks.A “provisionary” class of title should be given if deeds are lost, damaged, or are in poor order. A provisionary title is less marketable. Over time, a provisionary class of title can be upgraded to absolute, so bringing worthless land back into the economy and community. The possibility of title upgrading may interest Bermuda insurance companies, which could develop insurance products to assist with provisionary titles.Each title should have an official plan of the land based on Ordnance Survey maps. All registered title plans should be consistent with each other, possibly avoiding the need for deed plans to be compared when boundary disputes arise.In addition to the owner, others may have rights over land. For example, banks through mortgages and further charges and neighbours through easements to walk or drive over land. These rights should be registered as affecting the land.For practical purposes, land registration is unlikely to cover every interest in land. Such interests are called “overriding interests” and include short-term tenancies and the rights of those in actual occupation, such as spouses. Overriding interests are usually obvious on a physical inspection.After registration, land transactions usually become faster (possibly going online) and less complex, avoiding a paper chase for deeds and allowing dealings with fewer government departments.The precise details of Bermuda’s land registration scheme are yet to be released, and Appleby will keep you up-to-date when further developments arise.Attorney Neil Molyneux is a member of the Property Practice Group of Appleby (Bermuda) Limited. A copy of this column is available on the firm’s web site at www.applebyglobal.com.This column should not be used as a substitute for professional legal advice. Before proceeding with any matters discussed here, persons are advised to consult with a lawyer.