Introducing Land Title Registration to Bermuda

Public Consultation Presentations – May 2007

Land Title Registry Office Project Team

Welcome

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Introducing Land Title Registration to Bermuda

Objectives:

• Describe the approach to implementation / progress to date

• Describe benefits associated with Land Title Registration

• To provide an overview of the Land Title Registration Project

• Explain the immediate and long term Project goals

Introducing Land Title Registration to Bermuda

• Answer any immediate questions that you may have

Introducing Land Title Registration to Bermuda

Authority:

Implementation is authorised on the basis of the following Cabinet Conclusions:

• Cabinet Conclusion 26 (04) 4 - Transfer of authority to W&E

• Cabinet Conclusion 24 (05) 6 - Phased introduction commencing with Government Estate

Introducing Land Title Registration to Bermuda

Purpose:

To introduce a system of Land Title Registration that takes account of international best practice, is appropriate for Bermuda, has the confidence of all stakeholders and takes advantage of the opportunities afforded by the deployment of modern technology

What is Land Title Registration?

Land Title Registration is an administrative process, backed by statutory provision, through which a guaranteed record of rights and interests in land that is based upon the land parcel, is created and maintained by a nominated authority – The Land Title Registry Office.

Introducing Land Title Registration to Bermuda

The Land Title Register – A record of rights and interests in landTITLE REFERENCE NUMBER : 001230 PROPERTY REGISTER - FREEHOLD ------------------------------------------------------------------------------------------------------------------------------- BERMUDA : DEVONSHIRE PARISH 1. (29 August 2008) The Freehold land shown edged with red on the Land Title Registry Index Map and being 23 Cottage Lane, Devonshire Parish, (DN 04).

2. (29 August 2008) The land coloured yellow on the index map has the benefit of the following rights granted by the Conveyance dated 27 July 1968 referred to in the incumbrances register:-

“TOGETHER WITH the benefit of a right of way on foot only over that part of the shared access way belonging to 25 Cottage Lane.”

3. (29 August 2008) The land has the benefit of the rights granted by the Transfer dated 21 August 1974 referred to in the incumbrances register.

Introducing Land Title Registration to Bermuda

The Land Title Register – A record of rights and interests in land

TITLE REFERENCE NUMBER : 001230 PROPRIETORSHIP REGISTER - FREEHOLD

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1. (29 August 2008) PROPRIETOR: GREGORY OUTERBRIDGE and SUSANE HELEN OUTERBRIDGE of 23 Cottage Lane, Devonshire, (DN 03).

2. (29 August 2008) The price stated to have been paid on 8 August 2008 was $1,020, 000. 00.

Introducing Land Title Registration to Bermuda

The Land Title Register – A record of rights and interests in land

TITLE REFERENCE NUMBER : 001230 INCUMBRANCES REGISTER - FREEHOLD

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1. (29 August 2008) The land in this title is subject to easements contained in a Conveyance dated 27 July 1968 made between (1) Marlon B Trott (Vendor) and (2) John Isaac Robertson (Purchaser).

2. (29 August 2008) A Transfer of the land in this title dated 21 August 1974 made between (1) John Isaac Robertson and (2) Stanley Morgan contains restrictive covenants.

3. REGISTERED MORTGAGE dated 8 August 2008 to secure the moneys including the further advances therein mentioned.

4. PROPRIETOR: Bank of Bermuda of 6 Front Street, Hamilton, HM11.

Introducing Land Title Registration to Bermuda

The Land Title Register – A record of rights and interests in land

Introducing Land Title Registration to Bermuda

Introducing Land Title Registration to Bermuda

Goals:

• Create a comprehensive land register for Bermuda• Guarantee title to land• Facilitate efficient land transactions• Provide easy and secure access to land information• Provide a basis for improved land management

Introducing Land Title Registration to Bermuda – Project Methodology

Using a systems based, ‘holistic’, approach to the introduction of Land Title Registration, simultaneously implementing a series of interdependent work streams in order to create an electronic land register that will provide security of title and facilitate more efficient land transactions.

Land Title Registration work streams:

• Office accommodation• Recruitment of personnel• Development of policy and legislation including stakeholder consultation• Procurement of Land Title Registration Information System (NORWOOD)• Registration of the Government Estate • Mapping Update

Introducing Land Title Registration to Bermuda

Office accommodation

• Modern office space• Front/back office areas – public counter• Easy customer accessibility• Open plan to facilitate planned business operation

• Land Title Registry Office3rd Floor, Victoria Hall,11 Victoria Street,Hamilton, HM11

Personnel

• 6 Core Posts• Lean structure• Multi-skilling• Bermudianisation

Consultation and Policy Development

• Publication of the Consultation Document• Phase 1 of the Consultation Process• Analysis of responses / initial conclusions / policy position/ referral back to Cabinet• Phase 2 of the Consultation Process• Analysis of responses / referral back to Cabinet• Determination of final policy position• Drafting Instructions and preparation of a draft Bill.

NORWOOD – Bermuda Land Title Registration Information System

Competitive Tender:

• Inter departmental procurement team• Request for Expression of Interest - 16 respondees• Request for Proposal - 7 respondees• Vendor Short listing• Vendor presentations• Preferred Vendor selection• Approval – IT Secretariat & Cabinet • Award of Contract

NORWOOD – Bermuda Land Title Registration Information System

Registration of the Government Estate

Precursor to main registration programme• Association of deeds and documents with land parcels• Examination of title• Use to pilot our systems• Compilation of Provisional Title

Mapping Update• High resolution ortho-photography for the Land Title Registry Index Map • A network of Continuously Operating Reference Stations (CORS) stations to enable real-time connection of survey measurements to the Bermuda 2000 National Grid (BNG2000) by GPS • Geoid model to enable accurate height measurements across the island by GPS

© Bermuda Government 2005

What are the benefits of introducing Land Title Registration?

• Land Title Registration will ultimately provide a definitive record of the legal rights and interests (including ownership) of the islands 20,000+ land parcels

• A definitive record of Government held land facilitating improved land management including acquisitions and disposals • Improved decision making in respect of zoning, planning, development and the provision of public open spaces

What are the benefits of introducing Land Title Registration?

• Linkage with wider Government social and economic policy objectives including the identification of underutilized land and derelict properties • More efficient collection of tax and stamp duty• Improved sub-division process• Immigration – ensuring that only those persons / organizations who are legally entitled to own land do so• Generation of real estate market data / information

What are the benefits of introducing Land Title Registration?

• Guarantee of ownership and security of tenure• Improved security of ownership records – deed and documents superseded by secure computerized records• Clarification of the rights and interests affecting land• Security for the acquisition of credit• LTR can assist with the protection of environmentally sensitive lands allowing charitable and other such organizations e.g. National Trust, Audubon, etc. to register their properties – reducing risks associated with encroachment

Thank you – Any Questions?

Introducing Land Title Registration to Bermuda