CADASTRAL SURVEY AND LAND REGISTRATION IN SAMOA

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CADASTRAL SURVEY AND LAND REGISTRATION IN SAMOA

• Present Cadastral Survey
• Present Land Registration System
• The Way Forward
• - Cadastral Parcel Survey
• - Land Registration Reforms

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PRESENT CADASTRAL SURVEY

• Survey Ordinance 1961
• 1. Surveyor prepares Scheme Plan of a Subdivision
  submit for examination
• 2. Quality Assurance Section (QAS) checks
  validity of Scheme Plan issue order for
  approval by CEO-MNRE.
• 3. Survey of Subdivision undertaken by Surveyor.

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PRESENT CADASTRAL PARCEL SURVEY

• 4. Subdivision Plan submitted for examination.
• 5. QAS issues new Plan Parcel numbers from
  Parcel Index and are recorded.
• (Upolu Is. Flur 1-XXI Savaii Is. Flur 1-XI)
• 6. CEO approval
• 7. QAS issue legal description
• 8. Registration of owners of new parcels are
  effected (Deed of Conveyance)

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PRESENT LAND REGISTRATION SYSTEM

• The Land Registration Act 1992/1993 basically
  provides for
• (1) The position of Registrar of Lands
• (2) The keeping and maintenance of a Land
  Register, and
• (3) The Registration in the Land Register of
  Instruments affecting land.

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THE LAND REGISTER

• (i) Consists of a series of books known as Volume
  each with a numbered page known as Folios.
• (ii) Number of Folio per Volume is generally 250
  but varies from Volume to Volume.
• (iiI) Each folio represents a different parcel of
  land and each registration of an instrument is
  recorded by memorial on the relevant Folio for
  the parcel affected.

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WHEN AN INSTRUMENT IS LODGED FOR REGISTRATION

• (i) Details are entered into an index.
• (ii) Check for completeness correctness by LR
  staff.
• (iii) Check is made against the Volume and Folio
  stated in the instrument to verify the
  description.

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CHECKS BY LR STAFF

• (i) The name of the party granting the interest,
  and
• (ii) The existence of any encumbrances or Caveat

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INSTRUMENT PRODUCED FOR REGISTRATION EXECUTED BY
AN AGENT ON BEHALF OF ANY PERSON

• 1. Power of Attorney must be produced (unless it
  has already been deposited)
• 2. Certificate of non-revocation.
• 3. Power of Attorney are entered in a Power of
  Attorney Book, allocated a sequential number and
  filed in the Land Registry for safe custody and
  reference.
• 4. Sequential number must be quoted on any
  subsequent deed executed pursuant to the power.

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INSTRUMENT IN ORDER FOR REGISTRATION

• (i) It is allocated a number which is the next
  running number from another index which contains
  details of all numbered instruments of that deed
  type (i.e deeds such as conveyances,mortages,
  leases, etc are numbered in their own unique
  series and numbers can be duplicated).
• (ii) The instrument is then registered by a
  memorial on the relevant Volume and Folio (Note
  If the deed is conveying a parcel in a new
  subdivision, a new Volume Folio, bearing a new
  number, will be prepared for the parcel. The
  title for the last subdivision parcel to be
  conveyed remains in the parent title.)

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• (iii) The original deed is then stamped with the
  registration details, signed by the Registrar and
  returned to the lodging party, while a copy of
  the deed is retained by the Registry.

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THE WAY FORWARD

• WORLD BANK FUNDED SIAM-2 PROJECT.
• National Geodetic Survey Control Network Upgrade
  (WGS 84)
• Land Registration System Upgrade (Torrens System)

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CADASTRAL SURVEY

• Survey Act 2008
• Survey Regulations 2008

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• 1. Survey of subdivision undertaken by Surveyor.
• 2. Subdivision Plan submitted for examination.
• 3. CEO approval.
• 4. QAS record and scan approved Plans.
• 5. Plan passed onto Land Registration Section for
  recording of new lot and plan number.
• 6. Registration of new owners are effected.
• 7. Approval Plan to be deposited at MNRE
• Survey Mark Database (Digital)
• Digital Lodgement of Plans

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LAND REGISTRATION REFORMS

• LAND TITLES REGISTRATION ACT 2008.
• LAND TITLES REGISTRATION REGULATION 2008.

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Some concerns

• Delays in registration and difficulty in
  searching titles - Register cannot be photocopied
  
• Register folio does not disclose the identity of
  the land which may remain in a title after
  subdivision.
• Detailed technical descriptions
• Deed format not simple - checking and data entry
  more difficult and time-consuming
• High incidence of requisitions

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A System Upgrade will

• Provide a mechanism to close off the paper
  Register the Register is deteriorating and
  there is real risk of losing information and even
  folios.
• Provide for the scanning of deeds and plans into
  a digital imaging system.
• Provide business reports and statistics to
  management and users

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The System Upgrade will

• Improve client services by issuing copies of the
  Register including information of deeds and plans
  lodged but not yet registered.
• Simplify the content of the Register folio and
  the check of deeds lodged for registration.
• Provide a registration system capable of
  delivering same day or, if warranted, while you
  wait deed registration services and on-line
  access to information.

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With new legislation

• the computer Register will be created and all
  information will be available digitally
• System upgrade can be completed with
• introduction of simplified transaction forms to
  replace the free-form deeds and, if deemed
  appropriate,
• Introduction of a Certificate of Title to
  evidence land ownership

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CONVERSION TO TORRENS TITLE - Benefits

• Certainty of title
• Simplicity and certainty of searching
• Clarity of the law
• Simplicity of forms and procedures
• Protection by insurance
• Conformity with region
• Evolutionary development

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CONVERSION TO TORRENS TITLE - Disadvantages

• Government funding of compensation
• Higher standard for registration

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The Upgrade Strategy
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Strategy Outline

1. Convert the existing bound Register folios into a
   computer and using the computer to print a
   new-form folio.
2. This folio will be signed by the Registrar (or a
   delegate) as is evidenced now.
3. The folio will be scanned into an imaging system
   and filed (unbound). Non-certified copies will
   be available from the imaging system for staff
   and the public.
4. Following conversion of an old-form folio, that
   folio will be cancelled - thereafter all
   registrations affecting that land parcel will be
   made in the new-form Register.

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The Strategy continued

• Each new-form folio will have a unique number.
• Searcher will be able to move directly to the
  Register from the plan or the owners name. The
  Legal Description will be discontinued.
• New-form folios will be created for all new
  saleable parcels in approved plans and the
  parent folio will be cancelled.

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Converting the Register

• Phase 1
• Convert those folios that have not been
  subdivided whenever an affecting deed is lodged
  AND the folio is classified as simple and
• Create new-form folios for residential parcels in
  newly approved plans.
• Conversion of 1100 to 1200 folios from deeds
  during 2004.
• Phase 2
• Convert those folios that have been subdivided
  whenever an affecting deed is lodged.
• Conversion of an additional 400 folios.

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• Phase 3
• Convert those folios not affected by lodged deeds
  during phases 1 and 2.
• Phase 4
• Implementation of the computer Register.
• The paper new-form folios will be removed from
  use and thereafter all registration and searching
  activity will be made of the computer Register.
• Maybe a Certificate of Title.
• free-form deed documents be replaced with simple
  structured A4 forms

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The Register Proposed Content

• A new-form folio will be created for each land
  parcel identified by a lot and plan in the
  superseded paper folio. The folio will only
  contain information current at the date of
  conversion. Previous owners or cancelled
  memorials will be ignored. The folio will
  include
• Land classification Government, Customary of
  Freehold
• Volume/Folio reference of the title being
  converted
• Lot and Plan number and locality/district
• Owner names
• Tenancy if more than one owner and shares if
  tenants in common
• Current memorials
• Notations (authorised) on the Register
• Information that is not proposed to be brought
  forward
• Legal description other than the lot/plan and
  locality/district
• Details in memorials other than information
  critical to users.

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Some issues

• MNRE
• Delegations
• Names standard format for the Register and for
  document checking rules.
• Single numerical series for all deeds
• Possible issue of a Certificate of Title
• Surveyors
• Define land parcel residue after subdivision
• Sequentially number all lots in a subdivision
  plan
• Lawyers
• Requisitions
• Move to A4 paper size for all deeds now and later
• Adopt panel forms (legislation needs to change)

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Panel Form Examples
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Thank You

• Comments?
• Questions?