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Article 6 Notes

The document discusses the evolution and challenges of electronic conveyancing in England, highlighting its comprehensive legal framework and historical context. It addresses modern inefficiencies in the traditional system, the significance of electronic processes, and the components of e-conveyancing, including the roles of various stakeholders. Additionally, it outlines reasons for non-implementation and concerns regarding security, reliability, and the handling of complex transactions.

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0% found this document useful (0 votes)
40 views5 pages

Article 6 Notes

The document discusses the evolution and challenges of electronic conveyancing in England, highlighting its comprehensive legal framework and historical context. It addresses modern inefficiencies in the traditional system, the significance of electronic processes, and the components of e-conveyancing, including the roles of various stakeholders. Additionally, it outlines reasons for non-implementation and concerns regarding security, reliability, and the handling of complex transactions.

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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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1) England’s system is the most comprehensive.

2) Historical underpinnings of the system. Torrens system. Feudal system and “livery of seisin”:
transfer of benefit by possession. (David E. Ewan et al., It's the Message,Not the Medium!, 60
Bus. LAW 1487, 1499 (2005).
3) Different statutes that allowed various aspects of the land transaction to be governed (add a
footnotes)
4) authors David E. Ewan, John A. Richards, and Margo H.K. Tank:
5) the laws were made out of concerns for accuracy and what form were they based on? What is
the rationale behind the use of technology in conveyancing process?

1) Modern inefficiencies: paper based, standard mail, transaction anxieties, registration gap
(priority based disputes will be minimized, involving third purchaser, (concerns over duplicate
paper and electronic lodgment, or of multiple paper and electronic mortgages) numerous
parties, numerous ways of failure, delay, absence of transparency, potential for poor
conveyancing standards, length of time from offer’s acceptance to the completion, lack of
certainty and transparency, risks, substantial investment of time and capital. (P.V. RAJASEKHAR,
INT'L CONF. ON ENHANCING LAND REGISTRATION & CADASTRE FOR ECON. GROWTH INDIA, E-
CONVEYANCING: CHALLENGES AND AMBITIONS 14 (2006), availableat
[Link] 2006/papers/ts03_02_rajashekhar.pdf.)
2) What is the significance of electronic conveyancing? What is the scope of it and the rationale
behind it? For how long has the conveyancing process started? Ian Grant, Land Registry e-
Conveyancing System to Include PKI, [Link], Jan. 17, 2008,
[Link] 01/1 7/228972/land-registry-e-conveyancing-
[Link].
3) What is involves in consultation? (84 footnote quote) listening to users and meeting their
needs, lessons learned, and addressing the concerns raised.
4) What are the cost estimations? LAND REGISTRY, E-CONVEYANCING: A LAND REGISTRY
CONSULTATION REPORT 17 (2003), available at
[Link]
1) [Hereinafter CONSULTATION REPORT] cost estimations of the IBM and all other outsourced
networks? See the quotations.
2)
3) (TED BEARDSALL, FIG INT'L SEMINAR, E-CONVEYANCING A CHALLENGE AND A PRIZE 5 (2004),
availableat[Link]
4) Land Registry, About the Land Registry, [Link] (last visited Apr.
26, 2010).
5) LAND REGISTRY, E-CONVEYANCING, THE STRATEGY FOR THE IMPLEMENTATION OF
ECONVEYANCING IN ENGLAND AND WALES 10 (Oct. 12, 2005), available at
[Link]
[hereinafter STRATEGY FOR THE IMPLEMENTATION].

LEGAL FRAMEWORK:

1) CONSULTATION paper of land registry, report of law commission and land registry,
2) Implementation through the LRA 2002: The legal framework was stipulated through the act:
Barbara Bogusz, Bringing Land Registration into the Twenty-First Century - The Land Registration
Act 2002, 65 MOD. L. REV. 556, 557 n.4 (2002)

COMPONENTS AND OPERATION OF E-CONVEYANCING:

1) Component 1: Central Service: that links conveyancing participants and helps coordinate
contracting and registration.
2) Component 2: Electronic Funds Transfer (ETF), connected to the central service: its function and
mode of operation. (read implementation strategy)
3) Component 3: channel access service: which will allow users to access for CS and ETF. The actual
interface will be customized.
4) Discuss Access to e conveyancing applications: network access agreement, its rationale and
purposes, how it works. (The Introduction of E-Conveyancing, DIY Conveyance (UK),
[Link] (last visited Apr. 26, 2010).
ROBERT ABBEY & MARK Richards, A PRACTICAL APPROACH TO CONVEYANCING 53 (9" ed.
2007).

5) Transaction stage: report to the chain manager: what do they do and they become involved in
the process at the stage when the conveyancer are investigating the title, searching local
records, seeking mortgage offers: they provide a report of the title to the chain manager so that
potential delays can be spotted. Land Registry, Doesn't the Idea of a Chain Management Matrix
Take Away Control Over Exchange and Completion from the Practitioner?,
[Link] kb/[Link]?ToDo=view&questld=1 20&catId=27 (last visited Apr.
26, 2010).

6) The job of chain manager: a complete account of them. (Interview by April Stroud with Mr.
Sahib Sehrawat, Chief Land Registrar,
[Link] (last visited Apr. 26,
2010) (for the proposition that "a chain manager will be appointed to monitor the chain").
(Land Registry, The Proposed System of Chain Management Appears to Require Practitioners
to Provide Information to the Central System that Clients May Instruct Them not to Divulge.
Will this Create a Conflict of Interests for Practitioners?,
[Link] (last visited Apr.
26, 2010).

7) Chain Matrix: (The Free Library, E-Conveyancing, [Link]


conveyancing -a0189505541 (last visited Apr. 26, 2010).) for buyers: chain matrix means
greater transparency, better information, greater certainty and less stress. (strategy for
implementation) reaction to chain matrix. Problems to chain matrix.

8) Michael Cross, Technology: Inside IT: Has Land Registry Bitten OffMore than it Can Chew
Entering the Matrix, GUARDIAN, Apr. 12, 2007, Technology Guardian section, at 6, available at
[Link] [hereinafter Bitten
Oft] (quote)
9) The hope is that "[a]anyone who has had their life expectancy shortened by the peculiar torture
of the English system of property conveyancing will cheer . . . [because there will be] no more
heartbreaking calls announcing that the biggest financial transaction in your life has just been
wrecked. (cite the source above) purposes of the chain matrix.

HOW WILL THE SYSTEM GO?

1) Buyer and seller would communicate and send each other draft contracts.
2) Conveyancer will study these documents, will request enquires, or offer amendments, these will
be effected electronically. Mortgage preparation will also happen online.
3) Land Registry’s role in pre-contractual stage: when seller’s conveyancer uses E-conveyancing to
submit draft contract from his case management system to buyer’s conveyancer, the automatic
validation checks would compare contract data with that of Land Registry: any discrepancies
would then be made obvious in a message. (Strategies for implementation) ask question about
its effectiveness of validation checks. Issues have been raised that they will detect errors where
there are none and vice versa (
4) When both parties have agreed to the contract, it would be signed electronically and sent: a
secure and reliable method of electronic conveyancing must be looked: one that of UK.
5) Electronic Communication Act 2000 supports the use of electronic communication and allows
documents to be validly signed. (Office of Public Sector Information, Electronic Communications
Act 2000, [Link] (last visited Apr. 26,
2010).) the encryption process of the electronic signature. (Emma Slessenger et al.,
ApologiesforAny e-Conveyance,PROP. WK., June 6, 2001, availableat
[Link]
6) High financial stakes: security concerns: chances of fraud.
7) How will mortages operate under e-conveyancing?
8) EFT: Paul Butt: See STRATEGY FOR THE IMPLEMENTATION: open strategies for implementation.
9) Concerns: funds before the transaction will lose interest payments, which could be substantial,

Electronic conveyancing today:

1) Incremental basis
2) E services: Information Service and Network Service: (Land Registry, Current E-Services,
[Link] (last visited Apr. 26, 2010). How
these platforms can be used?
3) A validation system for electronic signature: read about Easy Convey Ltd (Press Release, Easy
Convey Ltd., e-Conveyancing Now a Reality as Easy Convey Client Files First Online Stamp
Duty Land Tax Return 1 (Sept. 6, 2005),
[Link] )& National Land Information Service.
4) Chain Matrix Pilot: the story of its prototype and how it was taken. (Michael Cross, Technology:
Web Plan for Property Sales After Lack of Interest in Pilot, THE GuARDIAN (U.K.), Apr. 10,
2008, Technology Guardian section, at 3, availableat
[Link] 0/property
5) Land Registry is now focusing upon: e-discharges, e-charges, e-transfers, in line with e-
registration services. Evaluate the services and comment on its consultations.

REASONS FOR NON IMPLEMENTATION:

1) Lack of support for pilot but there are more reasons: low political profile will result in a change
that will cause public outcry once implemented.
2) The computer system running the whole system is a cause of hesitation. An initial failure might
cause the program to be deemed too risky and result in further delay.
3) Another reason for concern is the system requires connecting to an
integrated network, which involves not just the Land Registry's system but
also the internet service providers for the conveyancers who are accessing it.
4) All exchange of information between practitioners, lenders, Land Registry, and other
organisatins involved will be electronic including the exchanges of formal documentation.
5) Problems of risk allocation: Electronic Conveyancing Is Just a Click Away, KALTONS TECH. SOLIC.,
[Link] 1/[Link]/articles/[Link] (last
visited Apr. 26, 2010). (Raymond Perry, E-conveyancing: PromiseandReality, INTERNET
NEWSLETTER FOR LAWYERS, Sept./Oct 2003,
[Link]
6) System can be vulnerable to hackers and frauds, new methods of defrauding the individuals.
7) Speed, reliability and security, and liability of fraud need to be balanced.
8) These fears are hoped to be combated through: use of private systems instead of the internet,
use of network access agreement, audit trailing software. Commission firms to test security,
(Haim Sandberg, Real Estate E-Conveyancing: Vision and Risks 6 (C. of Mgmt. Sch. of Law, Isr.,
Working Paper), availableat [Link] (last visited Apr. 26, 2010).
Who will be liable in situation of fraud? (CONSULTATION REPORT,) indemnity fund. \
9) DIGITAL SIGNATURE: (CONSULTATION REPORT) THE ADVANTAGES OF USING AN E SIGNATURE.
10) SOME PEOPLE DON’T FAVOUR SPEEDY TRANSACTIONS WHAT THEY WANT IN FACT IS DELAYS. CONTRACT
RACES MIGHT TAKE PLACE: MITAGED THROUGH NON DISCLOSURE AGREEMENTS.
11) CHAIN MATRIX WOULD RESULT IN TRANSPARENCY BUT WOULD IT ALSO IMPROVE THE
PROCESS: FIND OUT.
"many of the delays we experience will not be eradicated by the application of
advanced technology. Sellers and buyers all have their own agendas and a
standardised procedure cannot even hope to accommodate each individual's
whim."' 99 After all, contracts will still need drafting, and indemnity insurance
policies will still need to be negotiated. VSome of the largest delays in a conveyance,
such as obtaining a mortgage, will not be reduced. 20 1 Similarly, though electronic
documentation seeks to remove paper, initial uncertainties about the system will
likely result in conveyancers printing paper copies to keep a record for themselves,
in part because of liability fears.202 Moreover, a transaction "is always only as fast
as the slowest party." 203
(The Free Library, E-Conveyancing, [Link] -a0189505541 (last
visited Apr. 26, 2010).

There is also a concern that, while England's e-conveyancing model might work as planned for
residential or small business transactions, it could fail when faced with complex commercial dealings.
After all, "electronic systems are notoriously bad at handling anything out of the ordinary. The great
majority of conveyancing transactions are more or less standard; but occasionally there will be
complex property transfers, particularly in the commercial sector, where contracts can easily run to
100 pages. (The Free Library, supra note 111.

204. E-Conveyancing the Next Generation, CAIN AssociATEs, [Link]


[Link]?id=44&a=a (last visited Apr. 26, 2010).

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