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British Mandate: A Survey of Palestine: Volume I - Page 241

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British Mandate: A Survey of Palestine

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CHAPTER VIII.

46. As is explained in paragraph 29 above, Government decided, in 1927, to introduce registration of title based on the Torrens system in use in Australia and elsewhere. The first pre-requisite to such a system is a cadastral survey linked to a series of triangulation points forming a national framework to which can be related the precise position of any given parcel of land. A second prerequisite is quasi-judicial investigation, carried out on the spot, to determine the category, ownership and existence of all rights in land.

47. To provide for this, the organization of the Survey Department was enlarged and a Department of Land Settlement was established. Legislation was enacted providing for land settlement and for the introduction of a new system of registration. This was designed to overcome the anomalies and deficiencies of the existing systems and to set up an orderly system of registration of title to land and registerable interests in land, based on numbered parcels in numbered registration blocks, each area being correctly measured, precisely defined in relation to adjoining land and tied to a triangulation point. Survey and settlement operations (which are detailed in section 2 above) having been completed a Schedule of Rights is served upon the Land Registrars and its contents are inscribed in the registers and form evidence of all existing rights and the basis of all future transactions. The area registered under this system up to 31st December, 1945, is 4,424,834 dunums".

48. The new register is loose leaf in form. It omits all reference to boundaries or other verbal description. Land is described by reference to block and parcel numbers and the plan is deemed to be conclusive evidence of area and boundaries. The completion of a transaction under this system is much simpler than it was under the other systems. Names and interests recorded in the register are deemed to be conclusive without further investigation. Documents are submitted to a critical scrutiny to ensure that they comply with the law, that they create or transfer a registerable interest, that the parties are competent and that the transaction is otherwise in order. Alleged interests not entered in the register are disregarded. Registration under the system does not affect tenure or other legal incidents attaching to the interest recorded. The registers and other books used since 1920 are kept in English. Forms intended for submission to the Land Registry and documents affording evidence of transactions may be in any one of the official languages. Constant reference to the old Turkish registers is still necessary.
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* Does not include the ghor mudawwara. lands.

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