Prosperity Unbound

The government of India has proposed a new law to guarantee property titles, based largely on the Torrens system in Australia and England. The draft was open to public debate and input till June 15, 2010.

Details of the draft law are available in the document below:

http://dolr.nic.in/Draft%20Final%20Model%20Land%20Titling%20Act-04.5.10.doc

Recent article on the topic was published in the “Financial Express” on May 27, 2010 by Ravish Tiwari

New law drafted to guarantee property titles in India

To bring uniformity across the country and replace the existing deeds system fraught with litigation due to inaccuracies in property records, the rural development ministry has drafted a model law to usher in a system of conclusive property titles with title guarantees through registration of immovable properties.

The department of land resources under the ministry has drafted the Land Titling Bill, 2010 that provides for establishment and management of a system of conclusive property titles with title guarantees and indemnification against losses due to inaccuracies in property titles, through registration of immovable properties.

“We have prepared the draft Land Titling Bill, 2010 and have invited public comments. We will soon be consulting state governments for their comments on the draft Bill. We will also be organising a workshop with state authorities to create awareness about the Land Titling system,” Rita Sinha, secretary, department of land resources, said.

The system envisaged under the Bill is currently operational in countries like England, Australia and New Zealand. It hopes to replace the existing deeds system under which the government does not give any title to any individual or organisation.

In fact, in the deeds system, all titles of immovable property are ‘presumed titles’, where title to property is claimed by people through diverse legally recognisable instruments. Usually it is the sale deed which is used as the prime instrument to claim title to property. But it gives rise to litigation with different persons furnishing different instruments to contest title claims.

In contrast, under the land titling system, the government guarantees conclusive title, as against presumed title, for every immovable property which is tagged with an unique property identification number.

Titles under the new system would be indefeasible—title of any immovable property entered in the register of titles cannot be altered or made void.

After sale, the register of titles will erase the earlier assignee in the register and replace it with the new holder. In the register will, on behalf of the government, grant a certificate of conclusive title to the new holder.

The proposed draft model Bill envisages a land titling authority which will have four different divisions—title registry, survey settlement and land information system, property valuation, and legal services and title guarantee—to ensure uniformity and usher in the new system. It also envisages instituting a Land Titling Tribunal to adjudicate issues arising at the time of ushering in the system.

Sinha said the National Land Records Modernisation Programme (NLRMP), approved by the Cabinet in the year 2008, has undertaken a massive programme that can be used as a platform to usher in the new system that seeks to address property rights concerns.

The NLRMP has undertaken computerisation of land records which includes data entry, digitisation of cadastral maps and integration of textual and spatial data, strengthening of revenue and survey training institutions, village index maps and core GIS, legal changes and programme management.

“I am given to understand that the West Bengal government has almost completed digitisation of its land records and is now ready to usher in the new system. I hope the model Act will help the state government modernise the property rights system in the state,” said Sinha, expressing the hope that the model law will provide the basis for uniformity across the country.

Education provides an interesting case of institutional reform.  The administration of education requires no overarching agenda.  Reforms can be done piecemeal, tackling one particular problem at a time with reforms accumulating on top of each other in layers …. The means of achieving education improvements tend to contradict each other.  Incentive structures breakdown under complex arrangements of competing agendas.  Sometimes intended incentive structures for reaching high education standards are never established.

The public – at large – feels inadequate to tackle the how’s of education.  Sensing a lack of expertise in the area parents leave the agenda setting to the suppliers of education.  The suppliers of education are represented by teachers’ unions.  Teachers’ unions come with their own set of priorities which are often counterproductive to improving education process (i.e. tenure and job security, resisting performance-based initiatives).

Educational reform pays very minimal dividends for a politician.  A politician needs positive outcomes of reforms to be visible before the next election cycle comes around.  However, a president does gain points by claim to undertaking educational reform during his term.  So while the fundamentals and substance of the reform may not be visible for a decade’s time, the fact of having instigated any semblance of reform gains him higher approval ratings among the public.  Thus, we find education reform guided by the interaction of these two key forces: teachers’ unions and the executive branch.  With each bringing their contravening reform agendas, reform outcomes increase capacity (i.e. more schools, more teachers, and more computers) which is positive for all, and neglect to restructure incentives to improve quality and efficiency, which threaten teachers’ job security.

In the 1990s over a dozen Latin American countries underwent educational reform.  While the objectives of the reforms were to improve quality and efficiency as well as capacity, the reforms generally improved capacity and decentralized administration but failed to make any significant improvements in quality and efficiency of education.  The region, as a whole, scores very poorly on international standard tests, particularly in reading and mathematics.  Major efforts were poured into the educational reforms throughout the 1990s, and presidents across the region could boast of their achievements on the campaign trail.  Twenty years later, we’re recognizing that the reforms haven’t substantiated improvements of quality and content in the process of learning.

Educational reform, then, is an area that very much benefits from Reality Check Analysis.  To disregard existing institutional arrangements, broken incentive structures, layers of reform agendas piled on top of each other, combined with the expectations of making concessions to the parties present at the negotiating table will engender superficial adjustments with outcomes that fall far short of intentions.  But by the time outcomes are realized, a former president might be finished writing his memoirs.

Effective educational reform requires policy entrepreneurs and a reform team combining all the elements affected by education (which might not always be brought to the table) including: parents, administrators, teachers, other regional power players and the executive branch leading the reform.  Step one is to corporately create a vision for where the country wants to be in ten, twenty years.  Looking into the future, it is generally fairly easy to come to a consensus of direction: “we want to improve math and reading skills, to be on par with East Asia”, for example.  Starting from this point effectively commits all parties to the reform team to finding a way to achieve these ends.  It brings a common agenda to the interests of all key players: “we all want to achieve the same ends, bettering our children’s education”.

Secondly, it builds trust among the parties to reform.  For instance, teachers are reassured that the government’s goal is not simply to find a new source of revenue to redirect elsewhere in the budget by cutting teachers salaries, or that administrators want to find an excuse to fire their educators.  The goal instead is to help make teachers the best teachers they ca be.

Third, following Reality Check Analysis, the team must dig into the relevant legislation and explore the nuances of all relevant state and local educational institutions.  the proposed reforms must take the interaction of these power players, their desires to maintain a ‘place at the table’, and discretionary powers.  The goal is two-fold: either replace existing legislation with an entirely new system, or encompass existing regulations into the reform plan.  Secondly, work together to find a win-win situation for everyone.  Teachers’ unions will be more likely to make concessions if they’re given the opportunity to negotiate behind closed doors as part of the reform team than confronted with a completed ‘take it or leave’ reform agenda.

Innovative approaches are possible.  In Washington D.C. Chancellor of D.C. schools Michelle Rhee tried to take on the tenure issue, with an opt-out for teachers: you can either 1) keep your tenure at same pay, or 2) opt out of tenure and agree to performance reviews, with the opportunity to almost double your salary.  The problem: the teachers union would not even let the teachers vote on it.  The union fears the consequences and resulting diminished power of the union.  Maybe a reform team approach, using Reality Check Analysis could help bring consensus to improve the quality of education in our nation’s capital.

Guest Contribution by Rachel Beach

Microcredit and property rights reforms, how do they connect? The Panel Group was first asked to connect the dots between financial services to the poor and security of property in discussions with organizations such as the World Bank, Gates Foundation and International Trade Agency (ITA). The exercise brought to light a multiplicity of connections, and in the process we discovered that this is actually a very relevant and necessary discussion to promote. Indeed, it is a relationship whose identity is increasingly touched upon in current development debates.

An increasing number of articles and platforms address the importance of securing wealth bound up in physical real estate, small entrepreneurial activity and intellectual property as incentive for further investment and economic growth.  In a recent profiling by Fast Company, June Arunga – celebrated by the magazine as one of this year’s 100 Most Creative People – is asking a very common question but coming up with an answer at once banal and profound:

‘Why is Africa so poor?’ says the Kenyan, from her current home in Ghana… ‘What should be encouraged is the fundamental right of people to own land and the products of their labor, which are then recognized by courts, and can be exchanged at the market.” Asking for aid, she says, is part of the problem. “I doubt there is a parent that raises their child to become a beggar,” she says. “Gain respect. Keep your promises.”

Security and legal recognition of property for the poor is something development agencies are slowly waking up to. It is something De Soto recognized and has been both praised and vilified for – tapping into the wealth of the poor. One side criticizes him for finding another brilliant way to extort the poor, “formalizing their wealth” so it can be taxed by the government and their property sold to developers. The other side recognizes something elemental in development: access to credit and securing of property (i.e. not simply physical real estate but all forms of wealth) are essential. Between these two elements are a host of incentives. And their interplay entertains many fields of study: the psychologies of security and self-improvement, incentive to invest, the dynamic of trust and credibility between a State and its citizens, hope.

The connection between the credit-access and property-security is not merely curious, it is fundamental to development. In fact, it is a symbiotic relationship. Without a reasonable guarantee that property will be protected both from expropriation or theft, the acquisition and maintenance of investments and other assets in a given economy is illogical, as many an African dictator’s holding of properties abroad (read: securer states) and Swiss bank accounts will attest to. On the other side, without access to credit, the ability to invest is severely restricted.

Capitalism has struggled to find meaningful ways to bring the poorest brackets of society (and those operating in the “extra-legal” sectors due to any number of structural and financial barriers) into the market economy. Financial services for the poorer sectors look very different than the services to the wealthy. However, the risks they face, the way they operate, and types of basic services needed should not be treated as an exception to the standard middle-class or wealthy citizen’s fundamentals of wealth management and financial services. Indeed, the middle-class and wealthy are the minority in this world we live in.

Micro-credit is not simply a well-meaning, social business enterprise that should be patted on the back and politely applauded while we go about our business in the real world. Micro-credit is the type of financial service needed for a great majority of the world’s population. It is more than finding creative ways to “help the poor”. Micro-credit allows the impoverished to slowly rise out of a cycle of poverty. Securing of property rights for these small enterprises and private citizens gives owners legal, socially-recognized protection of their newly acquired parcels of wealth, however minute. Any high-school lecture about compound interest will attest to the benefits of savings and investment, however small one’s start. This creation of wealth then slowly builds on itself.

Neither Peru nor Bangladesh are anecdotes (as Peter Shaefer seems eager to claim in his Foreign Policy article). Yunus’ Grameen bank is expanding operations on five continents, including successful start-ups in the United States and the birth of one in Italy. Our work at Panel Group explores insecurity of property rights around the world – as Elena did in Peru during the 1990s – partnering with municipalities and governments to strengthen, streamline, and even create socially, legally recognizable ownership of physical property (i.e. real estate) where none existed before. Without the dual-expansion of financial services for the poor and security of their assets, the poor will remain in a cycle of poverty.

http://www.finreg21.com/homeTHE U.S. PROPERTY RIGHTS SYSTEM IS SEVERELY BROKEN: We need to treat this crisis as an opportunity not only to install a more rigorous regulatory regime for the financial sector…we need to overhaul the way property rights and property values are established in this country. We need a structural reform that establishes standards for how property is evaluated and how it is offered to the market.
Elena Panaritis, author, Prosperity Unbound: Building Property Markets with Trust