The Select Committee of Tynwald on the Registration of Land proposed a number of recommendations for voluntary land registration. The ‘Voluntary Registration of Land and Notices to be Served to Interested Parties Consultation’ looks at how the proposed recommendations will be implemented in the Isle of Man Land Registry.
The Select Committee of Tynwald proposed the following two recommendations:
1. That legislation be introduced to require that before any land is voluntarily registered, notice should be served on any interested parties who can be identified and advertised on the land concerned in the same way as a planning application.
2. That legislation be introduced to require that where any land is subject to compulsory registration triggered by a transaction where the parties are represented by the same advocate, notice should be served on any interested parties who can be identified and advertised on the land concerned in the same way as a planning application.
The Land Registry has proposed the use existing legislative powers to deliver the following solution to Tynwald’s recommendations:
1. That the Land Registry will require a notice to be erected on the land subject to registration.
2. That the Land Registry will require neighbouring owners to be written to or alternative a newspaper advertisement published.
Details of the additional evidential requirements to be provided by applicants for registration to confirm these steps have been followed are contained within the proposed Practice Directive in the Schedule to the Consultation.
Martyn Perkins MHK, Political Member for the Department with responsibility for the Land Registry, commented:
‘This work originated in a Petition for Redress presented at Tynwald Hill in July 2015. All members of Tynwald take the ancient and continuing right for an individual to petition Tynwald very seriously and I welcome the launch of this important consultation.
The thorough work of the Select Committee on the Registration of Land (Petition for Redress) in response to this Petition was commendable. The opening of this consultation concludes a long period of deliberation within the Land Registry as its officers and the Registrar have sought to find a way to implement the recommendations of Tynwald in an effective and proportionate manner by adapting their procedural requirements within their existing legislative delegations.’
Responses have been sought from the Land Registry User Group and are now sought from stakeholders and the wider community as to whether the Land Registry’s detailed proposals:
1. Address the concerns of Tynwald?
2. Are a proportionate response to the approved Select Committee recommendations?
3. Will be effective in providing greater protection to owners of unregistered land against the registration of land by others?
4. Are a cost effective method of achieving the aims of the Select Committee?
5. May have any unintended consequences?
The Department welcomes any other general comments or suggested methods of satisfying the Select Committee’s objectives.
Mr Perkins continued:
‘The work of the Land Registry contributes to the social stability and sustainable economic performance of the Isle of Man in providing the foundation for a system of land law which guarantees the rights and duties of private ownership and the shared concerns of the wider community. I support their continuing efforts to drive improvement and to be responsive to the policy demands of Tynwald.’
The closing date for the receipt of responses is 4 September 2017. A summary of the responses will be published after the consultation has closed. The Department encourages feedback from the general public and stakeholders in the property industry.
View the full consultation online at: https://consult.gov.im/economic-development/voluntary-registration-of-land-and-notices
