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Enter keywords in the box below to find information on a topic on the Terradigm web site.
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Legal and Judicial Reforms
Legal reforms focus currently on modernizing, standardizing, and simplifying legislation relating to property rights and to land registration. In general, registration law reform has included [after Nichols, 1993]:
- introducing standardized forms, procedures, and data management;
- reducing the number of overriding interests (i.e., rights that do not have to be registered to impact on the property);
- making registration compulsory or at least more complete;
- converting indexes based upon names into parcel-based indexes to improve data access and integration;
- introducing quality assurance, including a variety of state guarantees of titles;
- improving remote and web based access to property information and services;
- coordinating registration law reform with other property-related legislation; etc.
Other legislation subject to reform includes statutes of limitation (which prescribe the time period required for prescriptive rights and the notice period accompanying initial registrations); resource rights laws (defining how and where licenses and leases for resources such as minerals, forestry, or water are to be registered); and rules of evidence (prescribing what evidence can be used to serve as a security right).
Judicial reforms, for example, include the replacement of judicial processes with administrative tribunals for the resolution of property boundary disputes, as well as emphasizing field adjudication and community-based resolution of titling disputes. Generally, judicial reforms seek to:
- set out the most appropriate role for the judiciary (eg., by giving more responsibility to administrative officers and tribunals);
- standardize and formalize judicial procedures;
- introduce concepts and procedures for accountability;
- make the processes more transparent, accessible, and equitable.
Terradigm has experience working in both civil law and common law jurisdictions and can provide advice and support for either.
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