Legislation:

Land Registration Act 2002 (England and Wales)

Electronic Communications Act 2000 (England and Wales)

Law of Property Act 1925 (England and Wales)

Electronic Commerce Act (Ontario, Canada)

Land Titles Act (Ontario, Canada)

Case law:

Dreamvar (UK) Ltd v Mishcon de Reya and Another [2018] EWCA Civ 1082

P&P Property Ltd v Owen White & Catlin LLP and Crownvent Ltd t/a Winkworth [2018] EWCA Civ 1082

Ontario (Attorney General) v. Esposito, 2019 ONCA 672

Bank of Montreal v. Yip, 2019 ONCA 866

Academic literature:

"Electronic Conveyancing in Australia and England and Wales: Learning from Each Other?" by Sue Farrar
and Susan St John (2018)

"Electronic Conveyancing in England and Wales: Will It Ever Take Off?" by Susan Bright (2019)

"E-conveyancing: a critical assessment" by Karen Fairweather and Susan Bright (2017)

"The Land Registration System in Ontario and the Potential for Electronic Conveyancing" by Lorne S.
Folick (2015)

1. Electronic conveyancing in England and Wales: A critical review of the Land Registry's proposals"
by Susan Bright and Kevin O'Brien. This article provides an overview of the proposed system of
electronic conveyancing in England and Wales and discusses the challenges and limitations that
have been identified.

2. "Electronic Conveyancing in Canada: Progress, Problems and Prospects" by Arthur J. Cockfield.

This article provides an overview of the functioning system of electronic conveyancing in
Ontario, Canada and discusses its implementation and effectiveness.

3. "Comparative Analysis of Electronic Conveyancing in Australia, New Zealand and Singapore" by

Lee Mei Pheng, Ryan Manuel and Nicholas Morris. This article compares the electronic
conveyancing systems that have been implemented in different countries and provides an
overview of their similarities and differences.

4. "Legal Issues in Electronic Conveyancing" by Marilyn Klinger and Bronwyn Naylor. This article
discusses the legal framework for electronic conveyancing and covers issues such as security,
fraud prevention, and data protection.
 5. "Technology and Electronic Conveyancing: A Review of the Literature" by Anna Chadwick and
John Wainwright. This article discusses the technology used in electronic conveyancing systems,
including the software, hardware, and communication protocols.

Government reports:

"Digital Street: Land Registry's Business Strategy 2017 to 2022" by HM Land Registry (2017)

"Transforming our justice system" by the Ministry of Justice (2016)

"Ontario's Digital Service Delivery Strategy" by the Government of Ontario (2018)

"Land Titles Electronic Registration Project: Phase 1 Implementation Review" by the Land Titles and
Survey Authority of British Columbia (2017)

Industry reports:

"A New Home for Conveyancing" by the Law Society (2016)

"Mortgage Market Study: Interim Report" by the UK Financial Conduct Authority (2018)

"Ontario Real Estate Association's Digital Strategy Report" by the Ontario Real Estate Association (2019)

"Modernizing Ontario's Real Estate Industry" by the Ontario Bar Association (2018)

Comparative studies:

"Electronic Conveyancing in Australia and England and Wales: Learning from Each Other?" by Sue Farrar
and Susan St John (2018)

"Towards an Electronic Conveyancing System in Canada: A Comparative Analysis with Australia, England
and Wales, and New Zealand" by John Zeleznikow and Enza Gattuso (2019)

"Electronic Conveyancing: A Comparative Analysis of Australian, Canadian, and English Reforms" by

Anneka Ferguson and Tanya Monestier (2015).

Primary sources:

 Land Registration Rules 2003 (England and Wales)

 Land Registration Act 1925 (England and Wales)

 Land Registration Act 1862 (England and Wales)

  The Law Society's Conveyancing Protocol (England and Wales)

 The Law Society's Code for Completion by Post (England and Wales)

 The Electronic Transactions (England and Wales) Regulations 2002

Secondary sources:

 "Electronic Conveyancing: Progress and Prospects" by Rebecca Parry and Susan Bright (2011)

 "Electronic Conveyancing and the Prevention of Fraud: Are They Compatible?" by Hazel Moffat
and Jane Frecknall-Hughes (2017)

 "A Global Survey of Property Registration Systems" by Christian H. Kälin (2018)

 "The Promise of E-Conveyancing: An Australian Perspective" by Anneka Ferguson (2019)

 "Electronic Conveyancing in Canada: A Comparative Analysis of Australian, Canadian and English

Reforms" by Anneka Ferguson and Tanya Monestier (2015)

 "What is e-Conveyancing and How Does it Work?" by Andrew Foster (2018)

 "The Role of Trust in E-Conveyancing" by Paula Forgioni (2016)

 "Electronic Conveyancing: The Devil is in the Detail" by Lisa Butler and Christopher Symes (2016)

 "E-Conveyancing: A View from the Front Line" by Steve Levett (2018)

 See generally Steve Kelway, “Etherlinks in the conveyancing belt” Estates Gazette, 2 December
2000, p 104. Mr Kelway is the General Counsel to the E-Conveyancing Taskforce at HM Land
Registry.

 On electronic signatures generally, see Digital Signature Guidelines, which was produced for the
Judicial Studies Board by a working group chaired by Lord Saville of Newdigate. It is published by
the Judicial Studies Board in electronic form and is available from the websites of both the
Judicial Studies Board ([Link]) and the Law Commission ([Link]). The
Law Commission was represented on the working group by Judge Diana Faber, who was then a
Commissioner.

These additional primary and secondary sources should provide you with a more comprehensive
understanding of e-conveyancing and its implementation in England and Wales, as well as comparative
analysis with other jurisdictions.

> The system is likely to be based on a secure electronic communications network that will only be
accessible by contractually authorised professionals, whether those are solicitors, licensed
conveyancers, estate agents or mortgage lenders.

>a newtwork which is only accessible to authorized professionals, network will be used for legal stages
as well as information about the property, coordinate and manage chain of transactions,
> When a party instructs a solicitor or licensed conveyancer to act on his or her behalf in a purchase or
sale of a property in circumstances in which there is likely to be a chain, that agent will be required106
to notify the “chain manager” of the fact of that instruction.

Chain transactions are a major source of disquiet in the conveyancing industry: so a chain manager will
have the authority over an electronic network to know who is causing delay. And who

>after agreeing to the terms of the contract, the parties will send the electronic copy to HM Land
Registry, which will detect the discrepancies in it like address, title number and seller’s name to be
identified and rectified before the contract is concluded. The contract will be electronic and signed
electronically.

What is a priority search?

 The contract will be made in electronic form and signed electronically by the
parties or their agents. It is anticipated that, under the Bill, estate contracts will
be required to be protected in the register by the entry of a notice as a
prerequisite to their validity. This noting in the register will occur simultaneously
with the making of the contract and one effect of it will be to confer priority
protection on the buyer.109 The form of notice will have been agreed with the
Registry in advance. The Registry will store the contract in electronic form and
this is likely to be for a period that will be set in accordance with rules and is
likely to reflect the nature of the contract.
 >a draft transfer of the “disposition” itself will be made and in electronic form
and agreed between parties. Draft will go to HM Land Registry and checked
electronically to detect discrepancies: checking against the register to ensure no
discrepancies, A “notional” register will then be prepared by the Registry in
consultation with the parties to indicate the form that the register will take
when the transaction is completed.
 Completion of the register (having stored both the contract, and the disposition
electronically entered on the register) these events happen simultaneously:
execution of the transfer or any other charges, their transmission to the registry,
registration of the transfer/disposition, payment of land registry fee, stamp duty
and movement of funds.
 This is because, if it is only possible to create interests validly if they are
registered simultaneously, the date on which they are created will be the date
of their registration. The register will therefore become a record of the priority
of such rights.
 Changes to the register will be made automatically as a consequence of
electronic documents, and application created by solicitors (who act on behalf
of the parties).
 Conveyancers or solicitors will enter into contractual relationship with the
Registry under a “network access agreement”. Registry will enter into
agreement with all solicitors or conveyancer who fulfills the criteria. The criteria
 is subject to consultation with specialists, professional and other bodies. The
criteria will raise the standard of conveyancing.
 Electronic conveyancing will become compulsory under the bill when a contract
or a disposition will only be effective if it is made through electronic means,
communicated to HM Land Registry in electronic form, and simultaneously
registered (using the process elucidated above)
 Under the Network access agreement, huge powers will be available to the
solicitors and conveyancers. They will conduct the convanyancing according to
the network transaction rules. These rules will ensure that dispositions are
made and registered simultaneously. it may be necessary to exercise the
statutory power to secure that technical objective notwithstanding what can be
done under the network transaction rules.
 The time period required for transitioning from paper based to electronic should
be minimal so that 1) two distinct systems cant co-exist easily 2) for it true
potential to be reached electronic conveyancing should be the only system. 3) if
just one link in that chain is conducted in the conventional paperbased manner,
the advantages of electronic chain management are likely to be lost.
 It is hoped that the eventual exercise of the power will be merely a formality
because solicitors and licensed conveyancers will have chosen to conduct
conveyancing electronically in view of the advantages that it offers to them and
to their clients. Not only will it make the conduct of conveyancing easier and
faster for them, but they will also have to compete with other practitioners who
have elected to adopt the electronic system.

FINANCING IN ELECTRONIC SYSTEM:

 The function of the Consultative Document was to raise the legal issues that had
to be addressed in any reform of the land registration system and in the
introduction of a system of electronic conveyancing.
 The Uncertificated Securities Regulations 1995, SI 1995 No 3272, which created
the legal framework for CREST, the system for the electronic transfer of and
settlement of trades in securities, say nothing about the supporting banking
arrangements.
 First registration: triggered or voluntary: the necessary muniments of title will
still have to be sent to the Registry. The registrar will then have to satisfy
himself as to the title before he registers it.
 the requirement of compulsory registration will, under the Bill, be extended to
leases granted for more than seven years. It is also anticipated that this period
may be further reduced, perhaps to include all leases that are required to be
made by deed. In relation to short leases there are unlikely to be complex issues
of title. There is, therefore, no reason why they should not be granted and
registered electronically
 In relation to dispositions of unregistered land that trigger compulsory first
registration, it is anticipated that the secure electronic communications network
could be used to provide information in relation to the transaction.
 This is because it will not apply to dispositions which are required to be
communicated electronically to the registrar and simultaneously registered
under Clause 93,29 a provision that we explain in Part XIII of this Report.30 The
reason why the general principle in Clause 27(1) has to be disapplied is because
under 93, a disposition has no effect whatever, either at law or in equity, until
the registration requirements are met.
 The necessary corollary of that is that the register will in time become
conclusive as to the priority of such interests because the date of the creation of
an interest and its registration will be one and the same. The proposals in the
Consultative Document were supported by nearly 70 per cent of those who
responded to them.
 How electronic convaynacing is going to change each of the following:
 1) e Bill reduces the length of leases that are required to be registered from
those granted for more than 21 years to those granted for more than 7 years.37
However, as we have explained, it is likely that there will be a further
reduction38 once electronic conveyancing is fully operative, so that leases
granted for more than 3 years will be required to be registered. 2) Charges,
 The Land Registration Act 1925 a charge may be in any form,14 there is a
general power in the Bill to prescribe by rules the form and content of any
registrable disposition of a registered estate or charge.15 It will therefore be
possible for the Lord Chancellor to prescribe the form of any registered charge.
Furthermore, in relation to any charge in electronic form, a form of electronic
document will in practice have to be prescribed.
 Charge: In the Consultative Document, we suggested that, even in advance of
the introduction of electronic conveyancing, a deed should not be necessary for
the creation of a registered charge but that the chargee should nonetheless
have the powers conferred by section 101. There are two main factors that
persuaded us of this. First, it is anticipated that one of the first types of
disposition of registered land that it will be possible to effect in electronic form
will be a charge over registered land. Secondly, under the Bill, electronic
documents are made in the same way, whether they are required by law to be
made by deed or merely in writing. There seems little point in dispensing with
the requirement of a deed in what is likely to be the comparatively short interim
period between the implementation of the Bill and the time when all registered
charges are effected electronically.
 Equitable charges: As we explain in Part XIII, following the introduction of
electronic conveyancing, rules will be made which will have the effect that most
interests in registered land will not be capable of being created except by
simultaneously registering them. When that happens, the register will in fact be
conclusive as to the priority of competing equitable charges. This is because the
date of registration and the date of creation of a charge will necessarily
 coincide. This improvement is likely to be a particular advantage in relation to
competing equitable charges, where issues of priority are not infrequent.
 Rule on tacking: explain what tacking is, and what the present rule is, It is
anticipated that, when electronic conveyancing is introduced, it may be possible
for Lender 2 to notify Lender 1 simultaneously with the execution of the charge
and its registration.( the problem of it not being received will be resolved).
 Electronic conveyancing: bare minimum additional enquiries, register should
reflect the true state of the register. the Bill seeks to minimise the
circumstances in which new overriding interests can arise and also to provide
mechanisms to ensure that existing overriding interests are brought on to the
register wherever possible. Nature, which are classified as overriding, how will
the same be reduced, main technique,
 The introduction of electronic conveyancing will of itself reduce the
circumstances in which overriding interests can arise. This is because the Bill
makes specific provision by which dispositions of registered land may be
required to be made in electronic form and to be registered simultaneously. The
consequence of that provision when it is brought into force will be that any
express transfer or creation of an interest in registered land to which it applies
will have to be registered in the appropriate manner. For the future, this is likely
to be the most effective way of limiting the numbers of such interests.
 the introduction of electronic conveyancing will, of itself, substantially reduce
the circumstances in which those criteria are met. As might be anticipated, our
proposals attracted a good deal of interest and the responses were lively.
However, for the most part they were supported. Where this was not so, or
where better solutions were proposed, those contrary or better views have
been adopted. In view of the extensive discussion of the issues in the
Consultative Document, it is only necessary in the present Report to explain the
provisions of the Bill and the thinking behind them.
 The introduction of electronic conveyancing will, however, make it possible to
register shorter leases very easily and to ensure that they are removed on
expiry. As we have explained, it is likely that, once it is possible to grant and
assign leases electronically, the Lord Chancellor may, in exercise of his powers,
already described, seek views on a further reduction of the period of seven
years that will initially apply under the Bill.
 Local land charges: A local land charge overrides first registration.111 This
replicates the effect of section 70(1)(i) of the Land Registration Act 1925 and
implements proposals made in the Consultative Document. It should be noted,
however, that local land charge searches are being computerized, along with
other local searches. This development is taking place in tandem with the
system of electronic conveyancing by which land can be transferred and rights
in land created electronically
 Ferrishurst case runs counter to two of the principal objectives of the present
Bill. The first is the creation of a faster and simpler electronically based
 conveyancing system, where title can be investigated almost entirely online with
only the minimum of additional enquiries.
 The move to electronic conveyancing will make it still easier and, indeed, as we
explain elsewhere, it will in time become impossible to create or transfer many
interests in registered land without simultaneously registering them.213 The Bill
therefore reverses the Ferrishurst decision and does so in furtherance of these
two objectives.
 when electronic conveyancing becomes operative, those solicitors and licensed
conveyancers who enter into network access agreements with the registrar are
likely to be required to ensure compliance with this obligation under the
network transaction rules. (rules relating to the overriding interests,
 the move to electronic conveyancing will provide a means of enforcing such
obligations via network access agreements.85 Under the system of electronic
conveyancing that is to be created under the Bill, it will be solicitors or licensed
conveyancers acting for buyers who will actually carry out the process of
registration. They will do so in accordance with the terms of a network access
agreement with the Registry that may require them to disclose specified
information.86 They are likely to know far more about the conveyancing
transaction than the Registry does at present when documents are submitted
for registration. They may therefore know the facts that make a title bad, even
though these will not necessarily appear from the conveyancing documents
that, under present arrangements, would be sent to the Registry for
registration.
 the move to electronic conveyancing will provide a means of enforcing such
obligations via network access agreements.85 Under the system of electronic
conveyancing that is to be created under the Bill, it will be solicitors or licensed
conveyancers acting for buyers who will actually carry out the process of
registration. They will do so in accordance with the terms of a network access
agreement with the Registry that may require them to disclose specified
information.86 They are likely to know far more about the conveyancing
transaction than the Registry does at present when documents are submitted
for registration. They may therefore know the facts that make a title bad, even
though these will not necessarily appear from the conveyancing documents
that, under present arrangements, would be sent to the Registry for
registration.
 The ability to obtain information from the registers of title and cautions is an
essential feature of the system of conveyancing that the Bill seeks to create.
Easy and open access to information held by the Registry are the keys to
speedier conveyancing. The Bill contains a number of provisions which relate to
the access of information from the registers. Some of the provisions are new or
are an extension of existing ones.
 Section 112 has fundamentally changed both the perception and the potential
of land registration. First, it has provided the necessary springboard for the
development of electronic conveyancing. An open register is essential to a
 system of conveyancing in which inquiries on title can be made on line by direct
access without requiring the consent of the registered proprietor. Secondly, the
section has changed the perception of the register itself. Its contents are no
longer regarded as a private matter relevant only to the parties to a
conveyancing transaction, but as a source of public information about land that
can be used for many purposes unconnected with conveyancing.
 In practice such documents will, increasingly, be held in electronic form. With
the introduction of electronic conveyancing, all conveyancing documents
thereafter created will be held in electronic form. Furthermore, the Registry is
embarked on a programme of scanning existing documents so that they can be
kept in dematerialised form.
 In this context it may be noted that, when electronic conveyancing is
introduced, there will be power to authorise persons such as solicitors and
licensed conveyancers to issue official copies pursuant to a network access
agreement: see Schedule 5, para 1(2)(d);
 When electronic conveyancing is introduced, persons such as solicitors and
licensed conveyancers may be authorized to issue official search certificates
pursuant to a network access agreement: see Schedule 5, para 1(2)(c); below,
para 13.37.
 Under the Bill, there is a power for rules to make provision for priority periods
in connection with. Priority protection availability circumstance: The second is
new and it has been included in the Bill with the introduction of electronic
conveyancing in mind. Electronic conveyancing entails that disposition and
registration will occur simultaneously. It follows, therefore, that it will be
necessary to enter a notice in the register in respect of any estate contract. It is
at present unusual to enter a notice in respect of an estate contract. The entry
of such a notice protects an interest against a subsequent registered disposition.
Indeed it is likely that all applications in electronic form will in fact be prescribed
to ensure the effective working of the system.
 As has been explained, HM Land Registry is moving from a system whereby the
priority of applications is determined according to a formula set out in rules,187
to one of “real time priority”, by which priority is determined by the time at
which the application is entered on the day list at the Registry.188 In relation to
electronic conveyancing, there will, in any event, have to be a system of real
time priority because it is envisaged that the making of a disposition and its
registration will occur simultaneously.
 Notwithstanding these differences of function and the fact that, at present, the
applications for registration are very different in form, it is highly desirable that
it should be possible to make a combined application to the Land Registry to
register the charge on the register and for that application then to be forwarded
to Companies House for registration in the Companies Register. It is anticipated
that this will apply primarily to applications in electronic form. The power,
explained above,192 for rules to make provision about the form and content of
applications under the Bill,193 means that it will be possible to prescribe a
 combined form of application for this purpose. HM Land Registry is discussing
with Companies House ways in which the two systems may be linked. Clause
119 of the Bill therefore provides for rules to make provision about the
transmission by the registrar to the registrar of companies of applications to
register company charges where those charges are submitted for registration at
the Land Registry.
 Land certificate: Perhaps the most important factor, however, is that any
requirement to submit a land or charge certificate to the registrar on
registration is not readily compatible with the system of electronic
conveyancing that the Bill is intended to introduce.
 Charge Certificates: abolition of charge certificates: The first steps in the process
of introducing electronic conveyancing are likely to be in relation to registered
charges. It is already possible to discharge a registered charge electronically,215
and it is likely that the creation of registered charges will be the first forms of
disposition of registered land that can be effected electronically. We can see no
useful purpose in retaining charge certificates. There is therefore no provision in
the Bill either to authorise the issue of charge certificates, or in relation to those
already in existence. Charge certificates will be abolished once the Bill is brought
into force.
 Power to remove spent entries: The registrar’s power to remove spent entries is
likely to become increasingly important with the advent of electronic
conveyancing. Authorized practitioners will be able to register dispositions of,
and the creation of rights and interests in or over, registered land. However, the
registrar will have an important role in policing the register to ensure that it is
not cluttered with entries that are no longer operative
 Alteration under network access agreement: The registration of many
dispositions of registered land will no longer be conducted by the registrar
directly, but will be initiated by solicitors or licensed conveyancers, who are
authorized to do so under a network access agreement.
 it will not merely be the process of registration of dispositions that can be
delegated in this way. Under such a contract, a person may be authorised to
initiate alterations to the register of title or to the cautions register.101 This
power to initiate alterations is an essential concomitant of the power to
authorise practitioners to make dispositions that will change the register.
Commonly, on a sale of land, a charge may be discharged on completion.
Electronic conveyancing would be impossible if a practitioner could bring about
the registration of the transfer but not initiate the removal of the discharged
mortgage. However, the authority to alter the register is likely to be extended
more widely. When a practitioner is examining a title in relation to a proposed
disposition, he or she may (for example) discover spent entries on the register.
The powers that the Bill are likely to give will enable him or her to set in train
the removal of such entries.
  Alteration of register of caution: when electronic conveyancing is introduced, a
practitioner may be authorised to initiate the alteration of the cautions register
under a network access contract.
 Loss of destruction of a document at the registry: As the provision will apply to
documents in electronic form, “loss or destruction” would encompass cases
where an electronic file was mistakenly deleted or where it became corrupted
and unreadable.

DETAIL ON ELECTRONIC CONVEYANCING: These provisions are contained in Part VIII and
Schedule 5 of the Bill and fall into three part (1) the formal requirements for electronic
dispositions; (2) the provisions governing the land registry network; and (3) the power
to require both the use of electronic conveyancing and that electronic dispositions be
simultaneously registered.

Features of electronic conveyancing: the system will be operated through a secure

electronic communications network; HM Land Registry will authorize access to that
electronic communications network by contract with the users, such as solicitors and
licensed conveyancers; that electronic communications network will be employed to
conduct all the stages of a transaction in electronic form; the electronic communications
network may be used to manage chain transactions, at least in relation to residential
properties; the process of registering dispositions will be conducted by persons
authorised by the terms of their access to the electronic communications network, and
it will take place at the same moment as the disposition; there will be power to make
electronic conveyancing compulsory; and there will be provision to enable persons who
wish to undertake their own conveyancing to take advantage of electronic
conveyancing.
 The issue of electronic conveyancing was one of the main issues addressed in
the Consultative Document. Nearly 80 per cent of those who responded to the
issue were in favor of the principle of electronic conveyancing. There was,
however, a widely expressed view that there should be full public consultation
over the details of electronic conveyancing and that interested parties should
work with HM Land Registry in developing electronic conveyancing, An inter-
governmental working party was set up in 2000 to ensure co-ordination within
government and this has met a number of times.
 Our provisional view in the Consultative Document was that there should be a
power in the Bill to disapply or modify these provisions (LPA S.52, 53) and that
this power should be exercisable by statutory instrument.10 Subsequent events
have led to the adoption of a somewhat different solution to this problem. The
existence of these formal provisions is the immediate impediment to the
introduction of any form of electronic conveyancing. If this impediment were
removed, it would be possible to take the first steps towards the introduction of
electronic conveyancing even in advance of the enactment of the present Bill.
  HM Land Registry is keen to begin the introduction of some aspects of electronic
conveyancing as soon as possible. These include (1) the creation of registered
charges; and (2) the making of applications for entries on the register, such as
cautions, notices and restrictions; in electronic form. The Electronic
Communications Act 2000 has provided a means of achieving this

LAW OF PROPETY ELECTRONIC COMMUNICATION ACT 2000:

 section 8 of the Act gives the appropriate Minister power to modify by order
made by statutory instrument the provisions of any enactment in such manner
as he may think fit for the purpose of authorizing or facilitating the use of
electronic communications or electronic storage (instead of other forms of
communication or storage).
 Two of the purposes for which such an order may be made are where legislative
provision (1) require or permit something to be done or evidenced in writing
using a document, notice or instrument; and (2) require or authorize something
to be signed or sealed by a person, delivered as a deed or witnessed.
 Lord Chancellor’s Department issued for consultation a draft Order to be made
under section 8 of the Electronic Communications Act 2000.18 This draft Order
and the accompanying consultation paper were prepared in conjunction with
HM Land Registry and the Law Commission. The draft Law of Property
(Electronic Communications) Order 2001 contains three main provisions.
 First, it inserts a new section 144A into the Land Registration Act 1925.19 This
prescribes the formalities required for dispositions in electronic form of¾ (a)
registered land; and (b) unregistered land that trigger compulsory first
registration. (2) Secondly, it confers additional rule-making powers in the Land
Registration Act 1925 in relation to (a) various applications to the registrar in
electronic form; and (b) the storage of documents in electronic form. Thirdly, it
inserts a new section 2A into the Law of Property (Miscellaneous Provisions) Act
1989.21 This lays down the formalities required to make a contract for the sale
of an interest in land in electronic form. The new section will apply whether the
title to the land is registered or unregistered.

EFFECT OF CLAUSE 91: It enables certain dispositions to be effected electronically when they would
otherwise have to be made in writing or by deed.

Clearly there has to be another means of fixing the operative moment of a document in electronic form.
The requirement that an electronic document must make provision for the time and date when it takes
effect achieves that. It will also enable the continuation of the present practice of completing when all
parties are ready to do so. The time and date are likely to be inserted shortly before the document is to
take effect.

>electronic signature:

Requirements for making an electronic documents

In what circumstances is 91 applicable?

Four condition for an electronic document? : date & time, signed, (rn siging is a req not a date and time).
No concept of delivery, the document will not be deed but will be considered so.

 Clause 91 of the Bill derives from the proposed section 144A of the Land
Registration Act 1925 that is to be inserted by the draft Law of Property
(Electronic Communications) Order. It enables certain dispositions to be
effected electronically when they would otherwise have to be made in writing
or by deed. It provides that, by meeting the requirements specified in the
section, the parties to an electronic document are taken to have complied with
the requirements for a written document or a deed. In some cases this will be
for the purposes of any enactment26 and in other cases for the purposes of the
common law as well.27 It should be noted that Clause 91 lays down a uniform
requirement for making any electronic document, whether that document does
the work of a deed or of signed writing. This is a striking development, though it
is one that had been anticipated by the Law Commission in 1998.
 One method that is employed commercially is “public” or “dual” “key
cryptography
 The recipient will be able to decode the text by means of a “public key”, which
will normally be obtained from the certification authority. That authority will
have supplied the sender with his or her private key and the public key will only
decipher the encoded text if it was indeed encoded by that private key. The
recipient can tell whether there has been any interference with the message by,
say, a hacker. It should be noted that although dual key cryptography is a
common form of electronic signature, there will be no restriction on the types
of electronic signature that will be permitted, provided that they meet the
necessary security requirements. It is important that the legislation is flexible
enough to allow for further developments. This is explained in some detail in
Digital Signature Guidelines, above, paras 1826.
 Each electronic signature must be certified: A private key will be issued to an
individual by a certifying authority, which will have satisfied itself as to his or her
identity, and will take appropriate steps to ensure that it is not employed by
anyone else. The private key will commonly be incorporated in a smart card
issued to the individual, which will also contain an electronic certificate from the
certifying authority. The certificate will, therefore be sent electronically by the
person signing the electronic document together with the document that he has
just signed. For the purposes of Cl 91, references to the certification of an
electronic signature are to be read in accordance with Electronic
Communications Act 2000, s 7(3): see Cl 91(10). Section 7(3) provides that “an
electronic signature incorporated into or associated with a particular electronic
communication or particular electronic data is certified by any person if that
person (whether before or after the making of the communication) has made a
statement confirming that¾ (a) the signature, (b) a means of producing,
communicating or verifying the signature, or (c) a procedure applied to the
 signature, is (either alone or in combination with other factors) a valid means of
establishing the authenticity of the communication or data, the integrity of the
communication or data, or both”. Fourthly, there must be compliance with such
other conditions as may be prescribed by rules CL 91(3)(d) (new security
standard and such like can be added)
 the Bill does not disapply the relevant formal provisions, but instead deems
compliance with them if the requirements for an electronic document laid down
in Clause 91 are met.
 The element of execution on behalf of some other: Clause 91(6) contains a
further deeming provision, which relates to agents. It provides that where an
electronic disposition to which the Clause applies is authenticated by an
individual as agent, it is to be regarded for the purposes of any enactment as
authenticated by him or her under the written authority of his or her principal.
By statute, some dispositions can only be made by an agent on behalf of his or
her principal if he or she is authorised to do so in writing.60 The result of Clause
91(6) is that where an agent makes an electronic disposition, it will not be
possible to raise any question as to whether the agent did in fact have written
authority to make it.
 Notice of Assignment: Clause 91(7) provides that if notice of an assignment
made by means of a document to which the Clause applies is given in electronic
form in accordance with rules, it is to be regarded for the purposes of any
enactment as given in writing.
 why a company itself should not have an electronic signature and this is
recognised in Clause 91(4)(b).68 It would no doubt be the case that that
signature could only be incorporated into or otherwise logically associated with
an electronic document69 at the direction of one or more authorised officers of
the company. However, were that done, a document would then take effect as
if it had been sealed by the company.
 Executions by cooperations or companies. Clause 91(9) makes it clear that
section 36A(6) applies to a document that has been signed electronically. It
provides that, if section 36A(4) of the Companies Act 198579 applies to a
document because of Clause 91(4), section 36A(6) shall have effect in relation to
the document with the substitution of “authenticated” for “signed”.80 This
reflects the requirement contained in Clause 91(3)(b) that an electronic
document must have the electronic signature of each person by whom it
purports to be authenticated..
 all corporations can sign an electronic document,84 and in this respect the Bill
goes further than the draft Law of Property (Electronic Communications)
Order.85 In any event, any corporation could appoint an agent to execute an
electronic document on its behalf, whether under a power of attorney or
otherwise.
 It is unnecessary to have specific rule-making powers in relation to applications
for registration in electronic form, because the general rule-making power in
relation to applications is wide enough to authorise the making of such rules.
 and the Bill provides for the making of rules about¾ (1) the communication of
documents in electronic form to the registrar; and (2) the electronic storage of
documents communicated to the registrar in electronic form. Rules made under
the latter power are likely to include not only the manner in which such
electronic documents are stored but, in relation to certain entries, such as
estate contracts, the length of time that the document is kept.
 It concerns the provision of an electronic communications network and the
rules that govern its use. These provisions are of the greatest practical
importance because they provide the necessary framework for the
development and operation of electronic conveyancing. the Bill,91 the registrar
is given power either himself to provide an electronic communications network
or to arrange for its provision
 This network, which is
called in the Bill “a land registry network”, is to be used for such purposes as the
registrar thinks fit “relating to registration or the carrying on of transactions
which¾
(1) involve registration, and
(2) are capable of being effected electronically

 Instead of the registrar registering dispositions on application, solicitors and

licensed conveyancers will register dispositions at the same time as they are
made.95 This is the only practicable way in which one of the main goals of the
Bill can be achieved, namely, that dispositions and their registration should take
place simultaneously.
 A person who is not a member of HM Land Registry will only have access to a
land registry network if he or she is authorised by means of an agreement with
the registrar.97 A “network access agreement”98 of this kind will necessarily be
a contract and enforceable as such.99 This agreement may authorise access for
any one or more of the following purposes¾ (a) the communication, posting or
retrieval of information; (b) the making of electronic dispositions and
applications which will result in changes to the register of title (Sch 5) or to the
cautions register;101 (c) the issue of official search certificates;102 (d) the issue
of official copies; 103 or (e) such other conveyancing purposes as the registrar
thinks fit.104 There are three significant points about this provision.
 WHO WILL HAVE ACCESS AND HOW MUCH?
 it permits the level of access to be varied according to the purposes for which it
is required. Access will not be restricted to solicitors and licensed conveyancers,
but may include, for example, estate agents and mortgage lenders. A solicitor or
licensed conveyancer who is authorised to conduct electronic conveyancing may
be granted access for all or at least most of the purposes listed in paragraph
13.37 above. However, an estate agent might only be authorised to have access
for the first of them, and a mortgage lender might have access for, say, the first
three, and then only in relation to a charge in its favour over a registered estate
  r. A solicitor or licensed conveyancer who is appropriately authorised will,
within the limits of that authority, be able to carry out functions that are
conferred by the Bill on the registrar. Obviously the principal function that is
essential to the operation of electronic conveyancing is that such solicitor or
licensed conveyancer should be able to register dispositions and make other
entries on the register.106 However, the powers need to go beyond that and
include, for example, the ability to remove spent entries on the register, as
where, on the completion of a disposition, a registered charge is redeemed. It is
also necessary that authorised solicitors and licensed conveyancers should have
power to carry out the various ancillary matters that will or may arise in the
course of a conveyancing transaction, such as the issue of official search
certificates or official copies.


Land Registration Bill has its genesis in the Consultative Document, “Land Registration for the Twenty-
First Century”, which was published by the Law Commission and HM Land Registry in 1998

“Land Registration for the Twenty-First Century”, which the Law Commission and HM Land Registry
published in 1998

2) What is registration gap?

3) Overriding interests.

In addition to these written responses, the Law Commission and Land Registry had the benefit of the
views that were expressed at three very well-attended seminars that were held to discuss the proposals,
namely¾ (1) a seminar for members of the Bar held at Falcon Chambers and kindly organised by Derek
Wood, CBE, QC; (2) a meeting of the Chancery Bar Association; and (3) a meeting of the Property
Litigation Association.

>demense:

>quietus:

When the system of electronic conveyancing is fully operative, the transfer or creation of many interests
in land will only be effective when registered. An electronic system means that these two distinct steps
will in fact occur simultaneously. This overcomes the difficulties that presently exist because of the so-
called “registration gap”2 and means that the register will become conclusive as to the priority of most
expressly created interests in registered land.
> It is already possible to notify the Registry of the discharge of a registered charge by electronic
means,88 and applications to register dealings with registered land can be lodged electronically. (LRA
RULES)

> NLIS provides a means of searching other registers that relate to property such as local authority
registers of local land charges and the details of coal mines that are kept by the Coal Authority. It is
worth emphasizing that electronic conveyancing will employ well-established computer technology and
it will be capable of operation from the personal computers that most practitioners already have. The
move to electronic conveyancing will not require any great capital outlay by them.

> it is not the usual practice to protect this estate contract by the entry of a notice or caution in the
register. The buyer protects his or her position more effectively instead by making a priority search
under the Land Registration (Official Searches) Rules 1993. When the relevant registration or entry in
the register is made, it takes effect from the date on which, under rules, the application for registration
is deemed to be delivered to the Registry.92 This is so even though, in those more complicated
transactions in which HM Land Registry raises requisitions, that date may be considerably earlier than
the actual date of registration. In practice it is important that the disposition is taken to be registered
from the date of deemed delivery of the application.

> About 50% of applications are defective in some way or another. Fewer mistakes occur with the new-
style land registry forms, which are likely to be the model for electronic instruments.

CRITERIA TO ENTER ONTO REGISTER: WHAT IS THE CRITERIA, THE NEED AND RATIONALE OF THE
CRITERIA, BIG FIRMS VS SMALL FIRMS. MOST IMPORTANT CRITERIA IS CONVEYANCING COMPETENCE
SO ELABORATE ON THAT.

 The rules must be fair and reasonable to those who wish to conduct
conveyancing, while at the same time providing proper safeguards for the
integrity of the register.
 Lord Chancellor is to have particular regard to the need to secure certain
objectives, namely¾ (1) the confidentiality of private information kept on the
network; (2) competence in relation to the use of the network (in particular for
the making of changes); and (3) the adequate insurance of potential liabilities in
connection with the use of the network. (THE CRITERIA IS LAID OUT IN SCH 5
PARA 11) SEE PARA 1 TOO.
 PROVIDE EXPLANATION OF WHO IS A COMPETENT CONVEYANCOR.

it is an explicit aim of the Bill to improve the quality of conveyancing services available to the public and
to maintain that higher quality. This is because the standard of a significant proportion of conveyancing
work nowadays is regrettably poor.111 This has been a matter of concern for some considerable time
both to the Registry and to the many solicitors and licensed conveyancers whose work is exemplary.112
Furthermore, Mr Andrew Edwards CB, in the course of his recent Quinquennial Review of HM Land
Registry, has also specifically raised it.

after entering the network access agreement, a person will be required to meet the terms. If they aren’t
able to, the network access agreement may be terminated.

>e Bill empowers the registrar to provide education and training in relation to the use of a land registry
network. It is likely that (1) on-line training and education programmes will be provided by the registrar;
and (2) participation in such programmes will be a condition of a network access contract

Terms of access of the network access register/ register will depend upon the 1) extent/level of access

>the power to authorize access to the land registry is exercised To require transactions to be conducted
electronically. The terms may require that the person authorised should have to use the network to
carry on such transactions as may be specified that involve registration and are capable of being
effected electronically. It would not, therefore, be open to the person authorized to conduct such
transactions in paper form. In this way, the registrar can ensure that those who use the network must
carry out all (or all specified) registrable transactions electronically. This is part of the Bill’s strategy of
ensuring a speedy transition from a paper-based system of conveyancing to an electronic one. Although
there is a power under the Bill to require that dispositions be made in electronic form, this power is
unlikely to be exercised until electronic conveyancing has become the norm

> the obligation to comply with the network transaction rules:

> Where a network access agreement grants a person access to the network to carry on transactions
that involve registration and are capable of being effected electronically, it will be a condition of that
agreement, that he or she will comply with any network transaction rules that are for the time being in
force. Network transaction rules are necessary to be obeyed. The network transaction rules will be of
the greatest practical importance, as they will be the rules which specify how electronic conveyancing is
to be conducted.

> Lord Chancellor creates those rules to stipulate how network transactions are going to go about. These
rules will require specific information from conveyancers and solicitors, information about overriding
interests (Sch 5 para 5).

>It will for example provide a means of enforcing the obligation on persons applying for registration to
disclose overriding interests affecting the estate to which the application relates. 4 The rules are likely to
require the disclosure of other information that a registered proprietor might not wish to have
disclosed, such as the fact that a right to determine a registered estate in land has become exercisable.
Another important function which these rules will almost certainly perform is to require that the making
of a disposition or the entering into a contract and its registration shall occur simultaneously.
> this is probably the single most important technical principle in the Bill. Although there will be a power
to make this principle compulsory, it can at least be introduced without the exercise of that power by
means of the network transaction rules.

>terms of access may be regulated:

>termination of access: The right to terminate is exercisable by giving notice of the termination of the
agreement to the other party to it..

> The circumstances in which the parties are permitted to terminate the agreement are not the same. A
person who is granted access may terminate the agreement at any time. By contrast, the registrar’s
powers of termination are more limited and will be defined in rules. The Bill confers a power for rules to
make provision about the termination of a network access agreement

(1) the grounds of termination; (2) the procedure to be followed in relation to termination; and (3) the
suspension of termination pending appeal. rules may make provision that authorises the registrar to
terminate a network access agreement if the party granted access¾ (a) fails to comply with the terms of
the agreement;143 (b) ceases to be a person with whom the registrar would be required to enter into a
network access agreement conferring the authority which the agreement confers;144 or (c) does not
meet such conditions as rules may provide. (sch 5 para 3)

>It should be stressed that the termination of a network access agreement is likely to be a remedy of
absolute last resort. Because the agreement will normally be a contract, the registrar will have
contractual remedies against a party to such an agreement that will stop short of termination.

>be disputes as to whether the registrar has acted properly in either rejecting an application to enter
into a network access agreement or in terminating such an agreement.

>The Bill therefore confers a right of appeal to the Adjudicator.148 This has two significant advantages
over the alternative of leaving the aggrieved person to seek judicial review. First, it will be both quicker
and substantially cheaper. Secondly, it will not be confined to a review of the registrar’s decision. The
Adjudicator will be able to reconsider the matter himself and substitute his own decision for that of the
registrar’s. He may then give such directions as he considers appropriate to give effect to his
determination.149 There will be a further right of appeal from the Adjudicator’s decision to the High
Court, but as this is a second appeal, only on a point of law.

>Where such conflicting obligations do arise, the Bill provides that the obligation under the network
access agreement prevails and discharges the other obligation to the extent that the two conflict.152
Such a provision appears to us to be necessary to ensure that the aims of the Bill can be properly
implemented.

>In particular, a solicitor (and therefore, presumably, a licensed conveyancer) has no implied authority
to sign a contract for the sale or purchase of an interest in land on behalf of his or her client.154 He or
she can only conclude such a contract if he or she has actual authority. We anticipate that it would in
practice be very unusual for a solicitor, licensed conveyancer or authorised practitioner to conclude a
contract in electronic form without such authority. However, because of the absence of any implied
authority, a solicitor, licensed conveyancer or authorised practitioner acting for one party to a
conveyancing transaction would be entitled to see the written authority from the other party to his or
her solicitor or licensed conveyancer and vice versa. It rather defeats the point of electronic
conveyancing if such paper-based written authorities have to be exchanged before contracts can be
concluded electronically.

>It is intended that, under the network transaction rules,156 there will be a standard form of authority
which a practitioner will be required to use to obtain his or her client’s authority where he or she is to
execute an electronic instrument as agent for that client.

>Managing network transactions:

>terms of network access agreement may require the conveyancer or solicitor to provide information on
whether the client is entering a chain transaction, The Bill seeks to do that by providing a structure
within which electronic conveyancing can operate, leaving the exact manner of its operation to be laid
down from time to time in rules.

POWER TO MAKE ELECTRONIC CONVEYANCING COMPULSORY: Disposition/ transaction shall only be

effective if it is communicated electronically to the registrar, & if the relevant registration requirements
are met.

>we explained that it might be necessary to require at least some transactions to be effected
electronically because otherwise the benefits of electronic conveyancing could be lost. We also
explained that the power of compulsion was linked to the single most important technical aim of the
Bill.

>That is to bring about the situation in which many transactions involving registered land will have no
effect unless registered. Much of the thinking underlying this Bill rests on that principle. However, it can
only happen if the making of the transaction and its registration are simultaneous and that in turn is
possible only if both can be effected electronically. (electronic form and appropriate way fulfilling the
requirements of registration. It’s a double effect power. The objective is to link inextricably the elements
of making a contract or disposition electronically and the registration of that contract or disposition.

>There will no longer be any registration gap because it will no longer be possible to create or dispose of
rights and interests off the register (as it is at present). This is the goal that all registration systems have
so long sought to attain.

>The absence of any period of time between the transaction and its registration eliminates any risk of
the creation of third party interests in the interim. It also means that there is no risk that the transferor
may destroy the interest after its transfer but before its registration, as where X Plc assigns its lease to Y
Ltd and X Plc surrenders the lease to its landlord after assigning it but before the assignment is
registered. the exercise of the power under Clause 93 will mean that a transaction and its registration
must coincide. In this way, the register will become conclusive as to the priority of many interests in
registered land, because the date of registration and the date of disposition or contract will be one and
the same.

>this is a legal objective: a link between the creation of a disposition and its registration. Brown & Root
Technology Ltd v Sun Alliance and London Assurance Co [2000] 2 WLR 566; above this is a case on
REGISTRATION GAP. \
>HOW CAN NETWORK TRANSACTION RULE ENSURE THAT REGISTRATION AND DISPOSITION COINCIDE:
perhaps by imposing an obligation to do the same. the purpose of introducing this rule is to ensure that
register is conclusive as to the authority. It is therefore necessary to have statutory provision to ensure
the linkage between a transaction and its registration.

APPLICATION OF THE POWER:

>As the use of electronic conveyancing becomes the norm in relation to particular transactions, the
power to require them to be made electronically and simultaneously registered could then be exercised.
Given the considerable importance of this power, the Lord Chancellor is required to consult before he
makes any rules under it. There are two points that should be noted about the power.

>Chain Transparency, with permanent connection between practitioners and the Land Registry, secured
and fraud-resistant and with facility for Simultaneous Money Transfers; and capable of facilitating
electronic conveyancing of documents, online investigation of title, networked communication between
the parties, simultaneous completion and registration would address the weaknesses of the manual
conveyancing system mentioned in the beginning, by reducing delays, saving time and money, bringing
greater transparency and certainty and reducing anxiety for people buying and selling property.

>The proposed system is also expected to provide the property owners better services; transaction
intermediaries, such as notaries, conveyancers, estate agents and surveyors new tools to improve the
services they offer and to modernise their own internal office procedures; the financial institutions with
a more structured system of payments and better services; office IT system suppliers with more business
in the form of demand for more software to interface with existing case and office management
systems; and the government agencies with greater efficiency in service delivery, payment receipt and
information collection. It could be summarized that, introduction of e-Conveyancing can radically
reshape the process of land conveyancing, not only to work better but to work in a way which can be
handled completely electronically giving the customers a more efficient, and a better service (HM Land
Registry 2005a).

1) Career orientation.
2) Existing platforms: Lenders are increasingly marketing their mortgage products, communicating
with their customers, conducting their valuations and providing their mortgage offers online.
3) Conveyancers and Real-estate agents too are increasingly making use of the internet to market
and to provide their services to clients. The use of case management software is commonplace
and specialized online conveyancing services are now available that give clients online access to
their cases, keeping them up to date with progress. It is now more commonplace for estate
agents to use web technology to market properties for sale, including on-line auctions and sales
by tender (HM Land Registry 2003). The Land Registries currently hold, update and operate large
databases of property information of the respective countries.
4) While the e-Conveyancing model being attempted in England & Wales is more comprehensive
and all encompassing, what is being attempted in the Netherlands is presently focussed on
 making the transaction between the Notaries and the Land Registry to be totally paperless and
automated; a pragmatic approach of limiting their targets to a realistic level.
5) This limited implementation of e-Conveyancing is termed as e-lodgement, e-discharges etc. in
England & Wales. To that extent, what is being attempted in the Netherlands is only a subset of
the programme being pursued in England & Wales. It is pertinent to mention here that while the
HM Land Registry is the pivot around which all the activities of land conveyancing in England &
Wales revolves, that role is played by Notaries in the case of the Netherlands . So any further
automation in land conveyancing in the Netherlands comes in the realm of the Notaries and has
to be initiated by them.
6) the e-Conveyancing programme has an incremental structure. It is being developed and
delivered through a portfolio of activities and projects, amounting to a series of service
improvements that can be built up to realise the full e-Conveyancing vision. The aim is to stage a
pilot implementation of the full set of services as soon as possible. A stakeholder-wide
implementation programme could then take many more years to complete. Initially, use of the
e-Conveyancing services will be voluntary but there may come a point when use of the service
by everyone in the conveyancing process will be overwhelmingly in the public interest.
7) The e-Conveyancing process usually begins with the seller instructing real estate agents,
probably by using the internet. The real estate agent finds out a buyer and then contacts the
buyer’s and seller’s conveyancers by e-mail. The conveyancer takes the client’s instructions. The
conveyancer then use case management software to feed in the basic information needed to
proceed and obtains details of the title to the property via Direct Links to the Land Registry or
the National Land Information Service. Next he or she begins to prepare the conveyancing
documents. The seller’s conveyancer uses the e-Conveyancing service to transmit the draft
contract from his case management system to the buyer’s conveyancer; the automatic
validation checks would compare contract data with Land Registry data and electronic messages
and would indicate any discrepancies. At this time, a new notional register would be built on the
system indicating, as each document is prepared, what the new register would look like. There
would also be a facility for conveyancers to view Land Registry’s Day List prior to exchange of
contracts, in order to ascertain whether or not there is a pending application which may
adversely affect the transaction – for example a bankruptcy notice.
8) At the contract stage, there would be an electronic equivalent of the contracts. Contracts would
be exchanged electronically when buyer’s and seller’s conveyancers had signalled that
agreement had been reached and contracts had been signed and released for electronic
exchange. The system would provide for automatic exchange of contracts relating to all
transactions in a property chain. For this and other purposes, conveyancers might need to have
electronic signatures and authentication from a recognised Certification Authority.
9) Buyers and sellers might need to empower conveyancers to sign by written
authority. A substantive register entry would be made to note the contract;
the Register would automatically be frozen and would provide a priority
period for the ensuing registration on completion. During this period the draft
electronic transfer and any draft electronic charges will be agreed and
finalised. These documents will then be signed electronically in anticipation of
completion just as they are in the existing paper system. Shortly before
completion the parties to the transaction (and all parties in the chain) would
signal their readiness to complete in accordance with the terms of the
 contract. They will do so probably by using an extension of the chain matrix,
which will indicate first that all necessary documentation is signed and
secondly that all the financial arrangements are in place.
10) Registration would take place with completion of transaction. The changes signaled in the
notional register would be verified and the new edition of the register would be finalized on the
system. All financial obligations, including Stamp Duty Land Tax and Land Registry fees as well as
payments between buyers, sellers, lenders and conveyancers, would be settled through an
Electronic Funds Transfer system. With the help of the e-technologies, the amounts of Stamp
Duty Land Tax and Land Registry fees would be correct in virtually all cases (HM Land Registry
2003).
11) Legal issues:
 Land Registration Act did not approve the usage of Digital Signature and digital
execution and transfer of deeds in land transactions (van der Molen P 2001). So
the the Land Registration Act and Rules needed to be amended with legislative
provisions to enable the implementation of e-Conveyancing in the form
envisaged for the realisation of e-Conveyancing.
 Land Registration Act did not approve the usage of Digital Signature and digital
execution and transfer of deeds in land transactions (van der Molen P 2001). So
the the Land Registration Act and Rules needed to be amended with legislative
provisions to enable the implementation of e-Conveyancing in the form
envisaged for the realisation of e-Conveyancing.
 as the Land Registration Act and Rules relates to paper documents, 'true copies'
on paper, and analogue procedures, the Land Registration Act did not approve
the usage of Digital Signature and digital execution and transfer of deeds in land
transactions (van der Molen P 2001). So the the Land Registration Act and Rules
needed to be amended with legislative provisions to enable the implementation
of e-Conveyancing in the form envisaged for the realisation of e-Conveyancing.
Whereas in the case of England & Wales, by law, all the competent persons are
permitted to draw deeds and approach the Land Registry for registration.
Further, the registrations in the Land Registry do constitute compulsory
evidence. So, it is not enough if a certified copy of the deeds are sent and
archived in the Land Registry (Meadows J and Richardson J 2005).
 Registrars in the Land Registry in England & Wales, basing on
the digital deed submitted to them (in the event of
implementation of e-Conveyancing). Therefore the Digital
Signatures do affect the existing legal certainty. All these added
together causes insurmountable problems in the realisation of
the e-Conveyancing vision in England & Wales. Though various
alternatives are being tried and tested, so far, they are no where
near to a satisfactory solution. Till such time, they come out with
a secured, legally acceptable, technologically feasible and
cheaply and easily adaptable alternative for the present
signature system for empowering the wider society with the
facility of Digital Signature, the prospects of the implementation
of eConveyancing as envisaged looks to be doubtful. As it is
 mentioned in the report of Land registry (HM Land Registry
2005), it also requires passing of secondary legislation (Rules)
for receipt by Land Registry of digital deeds.
 this opportunity of introduction of e-Conveyancing has been used by the HM
Land Registry and Law Commission to carryout an exhaustive review of all those
legislations related to eConveyancing, without limiting the entire exercise to
amend only those aspects affecting the implementation of e-Conveyancing, by
addressing and plugging the limitations and loop holes in those legislations
noticed till then and drafting a fool proof and contemporary legislation in all
respect (HM Land Registry and Law Commission 1998; Inland Revenue 2002).
Accordingly, the present Land Registration Act 2002 of England and the
accompanying rules add more structure to the basic concept of electronic
documentation and establish a relationship between the creation of those
documents and their use in an e-Conveyancing system (HM Land Registry 2003).
The Finance Bill 2003 of England paves the way for stamp duty to be processed
simultaneously with land registration (HM Land Registry 2003).
 this opportunity of introduction of e-Conveyancing has been used by the HM
Land Registry and Law Commission to carry out an exhaustive review of all those
legislations related to eConveyancing, without limiting the entire exercise to
amend only those aspects affecting the implementation of e-Conveyancing, by
addressing and plugging the limitations and loop holes in those legislations
noticed till then and drafting a fool proof and contemporary legislation in all
respect (HM Land Registry and Law Commission 1998; Inland Revenue 2002).
Accordingly, the present Land Registration Act 2002 of England and the
accompanying rules add more structure to the basic concept of electronic
documentation and establish a relationship between the creation of those
documents and their use in an e-Conveyancing system (HM Land Registry 2003).
The Finance Bill 2003 of England paves the way for stamp duty to be processed
simultaneously with land registration (HM Land Registry 2003).

 SECURITY ISSUES: Security is one of the key requirements for all the stages of
the conveyancing and registration processes, including the associated electronic
funds transfer service. This includes physical, logical and procedural security
measures, as well as the security of e-documents or data.

 Data stored by the component services have to be protected against loss,

corruption and access by unauthorized personnel.

 The e-Conveyancing service must gain the confidence of users

by strict adherence to an appropriate level of security. It must
be capable of achieving security accreditation through the
production of, and demonstrable adherence to, an appropriate
accreditation document set that details the risks and
countermeasures to be taken.
  The e-Conveyancing service must strike a balance between security, usability
and cost. Access must not be irksome or onerous, but equally security must not
be compromised. Security must not be cumbersome and should not reduce
usability and scalability.

 -mail communication in plain text can be intercepted at every intermediate

Internet hardwires (such as routers) or even on the communication lines where
the information passes. This information can be misused in a number of ways
(Utimaco Safeware AG 2002). Keeping in view of its importance of the security
of documents transmitted via e-mails, various security aspects related to the
exchange of documents through e-mails have been discussed below.

 PRIVACY CONCERNS, COUNTERMEASURES:

This process is facilitated via a secure online environment to:

 Lodge the Land Title documents needed to register changes in property ownership
and interests;
 Allow the various parties involved in the transaction to view and complete the
documents online to conclude the property exchange or transaction; and
 Allow for the electronic settlement of all financial transactions at a nominated date
including settlement monies, duties, taxes and any other disbursements.

 Tangible time and cost efficiencies

 No requirement for physical documentation at settlement;
 No requirement to physically attend settlements
 Use of technology to reduce human error and settlement failure
 Aims to replace legacy paper-based approach.