State's responsibility for deficiency of land registry

The land registry represents the sole arm of the state in matters pertaining to ownership of properties and the rights of owners. It is the official office which is awarded the trust of the people and by which the state exercises its discretionary powers inherited therein, in safeguarding owners rights and solving matters pertinent to its mandate. It is such tantamount standing and importance that no other group or private institution besides the government itself is given authority over it. That matters of land in all its forms be carried out by the office of property registry, in a manner befitting the importance awarded to it by the state, and in accordance with the laws governing its behavior, is not only a matter of safeguarding individual property rights but also a matter of public importance. Thus the state having the foresight to uphold these individual and communal rights has found it wise to detail them in law (TMK m. 1007). Wherein an individual or group finds itself in a position of wherein their rights have been trampled, or they have been unjustly treated, having freely trusted in the institutions of the office of property registry; they need only look to these laws for a solution. It is with the same It is with this importance granted to the office of land registry and the laws pertinent to it that this thesis was written. The purpose of this thesis is to shed light on the laws governing matters pertaining to the office of land registry. Hence chapter one 'General knowledge pertaining to Land Registry' will give an oversight of how land is registered and recorded and afforded the protection of state by way of law. This chapter is followed by chapter two. Which outlines the conditions required for said properties to come under the umbrella of protection afforded to them by the state, as well as the factors by which said protections may be compromised. Specifics are delved into in greater detail in the subsections. The subsequent sections take a closer look into the laws governing these practices; specifically how the TMK, m. 1007 was drafted, and what new developments arose from section 917 being repealed. These are all accompanied with examples and decisions from the ECHR and the Supreme Court. This is followed by discussion of the ideal concept of responsibility vs realistic concept of responsibility vs unlawful concept of responsibility. And finally the lawful and unlawful practices and those practices which fall in between, pertaining to the registration and recording of land, are given further discourse and discussed. The third and final section aptly named 'Legal Results', covers the merits of legal action, that can be taken against the state, as well as the legal steps that can be taken by the state against defendants. And, further examines under which courts jurisdiction these proceedings can and should take place; the length of said proceedings, as well as addressing how appropriate compensation should be arrived at and dispensed. In addition to whether laws pertaining to mediation should be adopted where the state is the defendant. All these matters and more are discussed in great depth with accompanying examples from the legal system. In conclusion, this thesis bears the heavy burden of explaining the intricacies and pitfalls of the legal system pertaining to land registry, while illuminating the legal, institutional, and bureaucratic landscape surrounding them. Keywords: Land Registry, State, Responsibility, Compensation, Trust