Land registration in England and Slovakia - comparative study

Abstract

The thesis examines on a comparative basis the purpose, principles, functioning and effectiveness of the land registration systems in two EU member states - England and Slovakia. The comparative study aims to provide reflections “de lege ferenda” offering suggestions for statutory amendments. The thesis also examines the effect of land registration on the security and speed of conveyancing process in each state. In order to accomplish a comprehensive and up-to-date comparative study I have utilized the research conducted in the field of property law in the selected countries in order to complete an in-depth review of the national legislations on a comparative basis. The objective was to produce a comprehensive and scientifically accurate comparative study, not a mere „manual“. Therefore the thesis is based on a careful analysis of primary and secondary resources, such as national statutory provisions, journal articles, monographys, textbooks, case. The thesis challenges the argument that land registration represents an unnecessary state intervention. It also provides persuasive arguments for the superiority of the registered system of conveyancing over the unregistered conveyancing.