Registered land is a title deed guaranteed by the government to be free of errors and accurate in its boundaries. The concept originated in Australia in the 1800s with the Torrens Bill and is now used in many US states. Registered land offers additional protections, such as protection against adverse possession claims. While a private title insurance company may still be used, registering land is valuable for ensuring accuracy in boundaries.
In many jurisdictions, land title may be legally registered as “registered land”. The precise legal difference between registered land and abstract land, or unregistered land, can vary by jurisdiction. In most cases, registered land is a title deed to land, which is essentially guaranteed by the government to be free of clerical or land surveyor error and the boundaries are guaranteed to be accurate.
The original concept of recorded land began in the 1800s in Australia. Sir Robert Torrens who was the colonial treasurer and registrar for South Australia had the idea of reforming the land registration system to assure landlords that the title to their land was accurate and legal. In 1858, the Torrens Bill was enacted in South Australia, which served as the foundation and inspiration for other jurisdictions to enact similar legislation. To this day, the recorded land is often referred to as “Torrens land”.
Many individual states in the United States use the Torrens land concept. The advantages of having a registered title are many. In most states, when land title has been registered, the state government guarantees that the title is free from potential clerical or record errors. In addition, the boundaries noted on the title are also guaranteed to be correct and accurate. A land owner who has been registered may also be eligible for automatic notification if a lien is placed on the property.
Some states also offer additional protections or benefits for using the registered land option. In Ohio, for example, a registered title is protected against adverse possession claims. Adverse possession is a legal concept that is sometimes referred to as “squatters’ rights”. An adverse possession can be made when a person has had possession of an asset for a long period of time and deems it his or her own. When land title is registered, a person cannot claim adverse possession regardless of whether he has had possession of the property, or part of the property, for any length of time.
When title to land is transferred, a private title insurance company is often used to verify title before transferring to a new owner. Although registered land is guaranteed by the government to be accurate and error-free, the lender may still require a private title insurance company. A title insurance company will trace the title on the ground to be sure it is clear title; however, they may not check things like whether or not the boundaries are accurate, making recording your title valuable if that’s an option.
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