Progress has been made on Land Registry
March 30, 2011Dear Sir,Further to Walton Brown's article, published in The Royal Gazette on Wednesday, March 30, that Bermuda ‘needs a land title registry', it comes as some surprise that Mr Brown does not know that the Government agrees and indeed has one.In response to Mr Brown's commentary, The Minister of the Environment Planning and Infrastructure Strategy, the Hon. Walter H. Roban, JP, MP states, “It would appear that Mr. Brown, has not read the Throne Speech, listened to the Budget Statement or debate and has not attended any of the three Budget Road Show's over recent weeks. At all of these occasions Government announced that in this calendar year legislation to establish a land title Registry for Bermuda will be completed…”The Government has adopted an approach to the implementation of land title registration that is measured and focused, one that reflects extensive research and one that will ensure a world class land title register for Bermuda. Land Title Registration (LTR) is a means of determining and recording legal rights and interests in land, the most commonly recognised of which is the right of ownership. It is on this basis that the Land Title Registry Office (LTRO) will be establishing a record (register) of who owns each parcel of land in Bermuda. The main objective of the LTRO is to build an accurate electronic register of guaranteed title to land. The main benefits of this will be simplified and faster determination of legal ownership that will in turn, mean faster and simplified conveyancing.As far as Bermuda is concerned, it is anticipated that the introduction of Land Title Registration will bring a range of benefits. LTR will ultimately establish a definitive Island-wide record of land ownership. For citizens this will not only give legal security but will also provide the necessary certainty that is required by lending institutions when attempting to secure a loan on a property. For the banks and other institutions involved in the mortgage market LTR will help facilitate more efficient procedures for creating and securing mortgages and other loans which in turn can act as a catalyst for the growth of small and medium enterprises.Having an open and transparent LTR that is accessible to anyone with an interest in land will further enhance confidence in the system and allow individuals and organizations who wish to deal in real estate to make informed decisions concerning their investments. For both Government and other organizations involved in land administration in Bermuda LTR will facilitate improved land management. The opening of the LTR office in Victoria Hall, 11 Victoria Street, Hamilton, was an important step towards realisation of Government's commitment in this regard.The recruitment of staff has taken place, and experienced legal and mapping staff has been recruited. Crucially, as part of a succession plan formulated at the start of the LTR project, Bermudian staff was also recruited to be trained alongside contract workers; their training is extensive and on-going, and they are on schedule to complete their training and experience in order to replace the contract workers. These Bermudians have successfully completed the Certificate in Land Registration Law and Practice, delivered by the College of Law in England, and have had significant on-the-job training delivered by the experienced officers. They are currently on secondment in The United Kingdom in order to gain experience of international best practice to ensure the ongoing success of the LTR and to ensure that Bermudians make up the majority of the workforce.LTR staff has undertaken a series of consultation exercises, delivering presentations and question and answer sessions to the Bar Association, the Association of Surveyors and the Island's lending institutions. Three presentations were open to the general public: one was held in Hamilton, one in St George's and one in Somerset. A public consultation document was produced at that time, forming the basis of these consultations.HM Land Registry has provided invaluable support to the LTR in furtherance of Government's land title registration initiative, not only providing staff on secondment and training for Bermudian staff but also the provision of a 110 page document entitled ‘A Land Title Registration System for Bermuda: Report and Guidance Notes on Proposals for Legislation'.Stewart International of San Antonio, Texas, was the successful bidder in a tender process to purchase a software package to operate the electronic land title register. The system has subsequently been adapted and tested for use in Bermuda. Once operational the software was then used by the LTR team to register the Government estate. Prior to this, the team had been cataloguing the deeds for registration. This work required consideration of some four thousand deeds and documents that comprise the Government's land holdings, ranging from statutory acquisitions of large pieces of land, such as the entire length of the railway trail, public parks and golf courses to the smaller acquisitions such as land acquired for a sidewalk extension or a bus lay-by.The software systems required thorough testing in order to ensure that any problems were remedied before commencement of registration of privately held land in Bermuda. The Government estate has now been provisionally registered and staff are currently working on a Bill to be presented in Parliament in the next session, and the preparation of practice instructions and guidance designed to smooth the transition from unregistered to registered conveyancing.Once a draft Bill has been produced, the affected professions and the public will again be consulted before the Bill is presented to the Legislature. It can be seen, therefore, that significant progress has been made, and will continue to be made, in the Government's land title registration initiative. Each significant stage will continue to be the subject of an appropriate press release via the Department of Communication and Information.DEBBIE G N REIDLand RegistrarLand Title Registry OfficeMinistry of the Environment, Planning and Infrastructure Strategy