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ARTICLE CONTENTS INTRODUCTION 1490 I. CREATING PROPERTY, REGISTRIES, AND JURISDICTIONS IN THE 1499 COLONIES A. The Invention of the American Title Registry 1503 B. The Registry as a Tool for [...], This Article tells an untold history of the American title registry, a colonial bureaucratic innovation that, though overlooked and understudied, constitutes one of the most fundamental elements of the U.S. property system today. Prior scholars have focused exclusively on the registry's role in catalyzing property markets, while mostly overlooking the main sources of this property in the American colonies: expropriated lands and enslaved people. This analysis centers the registry's work of organizing and "proving" land claims that were not only individual but collective, to affirm encroachments on tribal nations' lands. In this way, registries helped scaffold the colonies' tenuous but growing political and jurisdictional power. The specific history of the U.S. title registry illustrates a crucial dynamic between property and sovereignty. In America, property and property institutions did not issue from sovereigns with established authority to govern a territory, as in the understanding drawn from European legal traditions. Rather, property institutions, exemplified by the title registry, preceded and ushered in colonial and U.S. sovereign title to Native homelands. This Article presents new questions about how the legal infrastructure of property furthered European colonists' conquest and how this progression of conquest on the ground produced the national jurisdiction and real-estate market of today. Leveraging established scholarship on the colonies and deploying original research on county creation, it shows that in the haphazard history culminating in the American title registry, colonists borrowed the English legal forms of the registry and county and remade them into local tools of colonial territorial expansion. The registry and county became key local governmental forms that drew settlers into Native nations' territories and encouraged them to claim lands by reassuring those settlers that their claims would become real property. The time map of county creation--not of the formation of territories, nor the admission of states, nor the conclusion of treaties--most accurately tracks where the United States grew its jurisdictional power, and when. The United States created counties and registries between its plans to invade and its actual ability to govern lands, before the naming of transitional territories, and often even before obtaining Native cessions to the lands by treaty. In the history of conquest, county creation thus lies in the transition between mere white entitlement and actual title. And as a consequence of this history, counties came to underpin the national jurisdiction, and the local institution of the registry became the common and continuous infrastructure for the entire national real-estate market. This Article's history of the title registry underscores the conceptual and practical stakes of redressing the erasure of race from our understanding of legal institutions and development. In particular, this history challenges us to recognize less obvious ways that the legacies of conquest and enslavement survive to structure our landscape and lives. Race works to shape law and legal outcomes in ways that many now recognize, such as by excluding people from institutional protections and benefits and through the predatory risks of formal inclusion. But the registry's history also illustrates a third phenomenon: the phenomenon of legal innovation spurred by white settlers' willingness to view racial violence as an economic resource, which introduced new institutions and practices that may appear to be facially "race-neutral" but promote the production of property value through the dehumanizing logic of race. Colonists constructed minimalist registries, which did not authenticate title claims and encouraged their proliferation. In this way, they prioritized the collective goal of building jurisdictional power at the direct expense of Native and Black communities whose lands and people colonists rapaciously claimed as property for that ever-growing market. The result was an institution that continues to privilege the production of property value above all--above protecting individual property interests, and above sustaining homes, communities, and life, in ways that now affect us all.

TABLE OF CONTENTS Introduction 1135 I. Recording Systems: Old and New 1138 A. The Traditional Real Estate Recording System 1139 1. Historical View 1140 2. Modern View 1143 B. Distributed [...], Non-fungible tokens (popularly known as NFTs) and blockchains are frequently promoted as the solution to a multitude of property ownership problems. The promise of an immutable blockchain is often touted as a mechanism to resolve disputes over intangible rights, notably intellectual property rights, and even to facilitate quicker and easier real estate transactions. In this Symposium Article, we question the use of distributed ledger technologies as a method of facilitating and verifying the transfer of physical assets. As our example of an existing transfer method, we use real property law, which is characterized by centuries-old common law rules regarding fractionalized ownership and local land records that still, in many jurisdictions, rely on paper. We explain the history of real property title protection and then identify the problems with the existing system. We then compare the extant system (and its problems) with what blockchain could offer, concluding that a blockchain system would provide few, if any, benefits. That said, we concede that tracking and transferring ownership of certain rights--specifically, purely intangible rights--is a longstanding legal problem that begs for resolution. We focus on ownership signals and contrast ownership of physical assets--which is broadcast in part by manual possession in addition to, in the real estate realm, recording--with ownership of intangible assets, which cannot be possessed in a way that easily gives a signal to the entire world that the possessor is the owner. Because of that difference, we conclude that the true use case for NFTs and distributed ledgers is in tracking and verifying ownership of intangibles.

During the post-Confederation era in Newfoundland and Labrador, the provincial government incentivized movementfrom small, isolated communities to larger centres. However, the provincial government's program largely disregarded the property interest of [...]

Introduction In 2015, this author wrote an article entitled "Property Interests in Resettled Communities", published in Volume 66 of the University of New Brunswick Law Journal. (1) The article explored [...]

I. Introduction On one of the barrier islands ranging up the southeastern coast of the United States from northern Florida to the Outer Banks of North Carolina, there is a [...]

Introduction 513 I. Traditional Functions of Dekd Recording 514 A. History and Mechanics of Recording Statutes 517 B. Interests Protected by the System 518 C. Entity and Trust Ownership 519 [...], The United States deed recording system alters the "first in time, first in right" doctrine to enable good faith purchasers to record their deeds to protect themselves against prior unrecorded conveyances and to provide constructive notice of their interests to potential subsequent purchasers. Constructive notice, however, works only when, land records are. available for public inspection, a practice that had long proved uncontroversial. For centuries, deed archives were almost exclusively patronized, by land-transacting parties because the difficulty and cost of title examination deterred nearly everyone else. The modern information economy, however, propelled this staid corner of property law into a computer age in which land records are electronically maintained and instantaneously accessible over the internet. That development transformed public land records into a marketable commodity independent of the deed recording system's notice-giving function. In response to booming demand for big data, content extracted from public land records (name, home address, marital status, among other personal information) is now actively traded on the internet and routinely purchased by commercial firms for targeted marketing and customer prospecting. Data from public land records are now more accessible than ever before, representing a win for transparency, but, as tragically illustrated by the recent high-profile attack against a federal judge, an erosion of privacy that can dangerously equip wrongdoers with ondemand entree to personal information. This Article provides the first scholarly account of the deed recording system's transformation from a notice-giving mechanism of properly law to a primary supplier of commodified data for sale in the modern information economy. The Article surveys the traditional functions of deed recording, describes the recent migration of deeds from paper to electronic form as the predicate for commodification, and considers the implications of electronic disclosure for privacy, transparency, and the regulation of anonymous entity ownership. The Article concludes fry appraising the efficacy of recent privacy reforms under consideration by Congress and stale legislatures, and try outlining voluntary precautions that homeowners can implement under existing law.

I. Introduction 117 II. Background 118 A. Ahupua 'a System 119 B. Western Contact and Mahele 120 C. Ceded Lands and Admission Act 121 D. Hawai'i State Constitution 122 E. [...], Hawai'i's public trust doctrine is unique in its breadth, its origins, and its constitutional basis. Perhaps the most expansive in the United States, the Hawai'i public trust doctrine extends to water, land, air, minerals, natural beauty, and Native Hawaiian cultural practices. Although the majority of Hawai'i's public trust cases concern water issues, the Hawai 'i supreme court has also applied the public trust doctrine in several important land cases. Significantly, the court has applied the doctrine to land extensions created during volcanic eruptions and, most recently, to Mauna Kea, a mountain peak controversially used for both modern astronomy and Native Hawaiian cultural practices. I survey several public trust cases, beginning with Waiahole Ditch--a water case widely regarded as the cornerstone of Hawai'i's modern public trust doctrine--and ending with the Hawai'i supreme court's 2018 decision in Mauna Kea II. A survey of the case law reveals that the expansive nature of Hawai'i's public trust doctrine has not always led to greater protections for all trust resources, as courts have ruled that the doctrine requires a balancing between protection and maximum beneficial use. Applying this balancing test, court opinions have, in some cases, resulted in greater protections for Native Hawaiian rights to trust resources. In other cases, however, court applications of the balancing test have resulted in resource allocations that harm native interests. In light of the dichotomous results, this Comment recommends that Hawai'i agencies like the Department of Land and Natural Resources implement inclusive, participatory processes to ensure that Native Hawaiian concerns are fully considered before taking actions affecting trust resources.

I INTRODUCTION Monetary transfers between family members are common occurrences in life, especially from parents to their children, and often for the purpose of property acquisition. In such transfers, did [...], This project surveys New Zealand court cases in the last 20 years (2000-2020) concerning monetary or gratuitous land transfers from parents to their children ("parent-child transfer") and examines New Zealand court approaches to the presumption of advancement concerning parent-child transfers. This article examines the status of the presumption in New Zealand, discusses the conceptual understandings of the presumption as revealed in the approaches taken by courts, and investigates the courts' approaches concerning the categories of persons who are subject to the presumption, namely mothers, adult children and sons- or daughters-in-law. This article highlights the weakened status of the doctrine and the confused and inconsistent approaches by courts in engaging (or declining to engage) the doctrine and calls for changes to clarify the understanding of the doctrine and to establish a more consistent approach.

I INTRODUCTION Since strata legislation was introduced in the 1960s, marked growth in the construction of apartment-style buildings has occurred. (1) In 2016, 26% of Australian dwellings were strata and [...], The Body Corporate and Community Management Act 1997 (Qld) facilitates termination of a Queensland community titles scheme ('CTS') in two ways--by resolution of the owners, or a District Court order that it is just and equitable to terminate the CTS. This article investigates the court-ordered terminations of Nobbys Outlook CTS 14822 and Village Square CTS 24175. Through an interpretive research approach informed by a qualitative case study, the authors investigated the Village Square termination and identified three concerns. When compared to Village Square, the approach adopted in the Nobbys Outlook termination raised jurisdictional problems relevant for future terminations. Secondly, the termination process is largely undefined as compared to the statutory trustee for sale process in the Property Law Act 1974 (Qld), despite the arguably greater potential for complexity in CTS terminations. Finally, there is a lack of prescription around administrators' roles, powers, obligations and protections, unlike the equivalent provisions in the Corporations Act 2001 (Cth). The authors provide recommendations for statutory reform to protect CTS owners.

The original common-law doctrine of lis pendens has been supplanted in all of Canada by statutory provisions, except in the Province of Newfoundland and Labrador. In this province, the doctrine [...]