Article 2.2.2 Torrens Title System and Registration Framework

(a) Title by Registration:

(i) Title to land and registrable real property interests shall vest upon registration in the ICT Land Registry. Legal ownership arises by operation of law through the act of registration and not by instrument, deed, or agreement alone.

(ii) All registrable dealings with land, including transfers, leases, mortgages, easements, and covenants, shall be entered into the ICT Land Registry to have legal effect, unless expressly exempted by this ICT Code or any subsequent land related regulation or guidance of the Operator.

(b) Conclusive Register:

(i) The ICT Land Registry shall be conclusive evidence of title, and any person recorded as proprietor shall be deemed the legal owner, subject only to narrowly defined exceptions.

(ii) Unregistered interests shall have no legal effect against registered proprietors except in cases of actual fraud or other limited exceptions expressly recognised in this Chapter.

(iii) Constructive notice of unregistered interests shall not defeat the rights of a registered proprietor who acquires title in good faith for value.

(c) Fraud and Exceptions:

(i) Registration obtained through actual fraud may be set aside or corrected by order of the ICT Court.

(ii) Mistake, forgery, or procedural error shall not void registration unless manifest injustice would otherwise result and the rights of third parties would not be impacted.

(iii) In all cases, ICT Courts shall favour stability of the ICT Land Registry and security of title, subject to equitable compensation where appropriate.

(d) Electronic and Programmable Registration System: The ICT Land Registry shall be designed and operated as an electronic register. All registration, lodgement, verification, and title search processes shall be conducted through approved digital platforms.

(e) Priority of Interests:

(i) Where multiple registrable interests relate to the same land parcel, priority shall be determined by the order of registration in the ICT Land Registry, unless otherwise prescribed by regulation or contractually agreed and recorded.

(ii) The principle of "first to register prevails" shall apply, subject to cases of fraud or other overriding legal provisions.

(iii) Priority notices, caveats, flags, or other temporary protective measures may be used to secure or preserve an intended interest pending registration.

(f) Caveats and Protective Mechanisms:

(i) A person claiming an unregistered or prospective interest in land may lodge a caveat or priority notice against the relevant title, preventing registration of inconsistent dealings without prior notification or adjudication.

(ii) Such protective entries shall be subject to lapse periods, challenge procedures, and removal mechanisms as determined generally by the Operator or required by equity.

(g) Rectification and Correction of the Register:

(i) The authorised registrar may order rectification of the ICT Land Registry where necessary to correct manifest errors, misdescriptions, or unauthorised entries, subject to the protection of third-party rights acquired in good faith.

(ii) Any rectification action or inaction of an authorised registar may be reviewed by the ICT Courts upon petition by an affected party.

(iii) Rectification shall not be granted where it would disturb a settled title except in cases of actual fraud or manifest injustice.

(h) Transitional Provisions

(i) The Operator may establish rules for registering, converting, or validating legacy interests or pre-ICT rights, where relevant, to ensure continuity and fairness in the transition to the ICT Land Registry.

(ii) In cases of conflict between legacy rights and this ICT Code, the ICT Court may provide equitable remedies to uphold legitimate expectations while ensuring legal certainty and compliance with this Article.

(i) Operator’s Regulatory Authority:

(i) The Operator shall have authority to promulgate Land Registry Regulations to give effect to this Article, address gaps, and ensure consistent administration of the ICT Land Registry.

(ii) Such regulations may include, but are not limited to:

(iii) Procedural requirements for electronic lodgement and verification of instruments;

(iv) Standards for identity verification, title searches, and authentication of digital signatures;

(v) Forms and processes for lodging caveats, priority notices, or protective claims;

(vi) Integration protocols for blockchain or tokenised registries or other innovative property technologies;

(vii) Registration of severed rights, cross-title easements, or platform-native land interests;

(viii) Dispute resolution procedures between registrants or affected third parties.

(ix) Supplemental land registry regulations and guidelines shall have binding legal effect within the ICT and shall be promulgated by the Operator, enforced by the Land Registrar, and subject to review upon petition by ICT Courts.