Land registries should shift to blockchain technology | Opinion

The Blockchain Estate Registry: Revolutionizing Real Estate Transactions and Property Registration


There are a lot of ideas about the use of blockchain technology in real estate. However, a frequently overlooked aspect is the land registry. The bold claim that real estate tokenization will disrupt the industry essentially boils down to securitization via security tokens. Although such ideas hold merit, I found them to be lacking in perspective and not as disruptive as proclaimed. 

In my PhD study, I focused on creating a cutting-edge land registry system. Introducing the “title token,” a novel type of asset that contrasts with security tokens by representing tangible proof of ownership. Essentially, blockchain is a sophisticated form of database. Instead of preserving title deeds in conventional registries, be it paper or digital, blockchain offers a more efficient solution for managing these records, which I will delve deeper into in this article.

Why not “permissioned”?

As a researcher exploring the benefits of next-generation property registries, I believe it’s crucial to dispel some common misunderstandings surrounding blockchain technology before emphasizing its revolutionary features for this application.

According to strict scholarly definitions, the classification of distributed ledger technologies into “permissioned” and “private” categories does not accurately reflect the essence of blockchains. Most significantly, permissioned ledgers cannot ensure data immutability. Immutability is a pivotal, transformative characteristic of blockchain technology.

Not every chain of blocks is the blockchain

In 1991, Haber and Stornetta introduced a technique for generating time-stamped data blocks linked by hashes. However, they called it neither “blockchain” nor did they intend it to secure data but instead verify its authenticity. The term “blockchain” first surfaced among Bitcoin developers, including Satoshi Nakamoto, in their 2008 whitepaper. In this paper, Nakamota proposed utilizing Haber and Stornetta’s method as a foundation for his electronic cash system while implementing a decentralized consensus mechanism to operate it within a distributed network. It was this combination that led to the term “blockchain” being coined.

Blockchain represents a digital version of a traditional ledger, complete with its own currency as a native form of exchange and the ability to store data. This system functions within a dispersed network, where consensus is reached through an open, competitive process that ensures decentralization.

Permissioned cartel DLTs are not immutable

Permissioned distributed ledgers contrast with blockchains in that they are centrally managed and do not allow open competition. Unlike decentralized blockchains, these ledgers function under the control of a single or group of authoritative nodes. While consensus mechanisms may be employed among member nodes in collective governance scenarios, these systems remain closed and centralized to outside entities, resembling cartels rather than open systems. Not every series of blocks forms a blockchain; only those that embody the decentralized, open nature of a blockchain are considered as such, while all distributed ledgers utilize the block chaining method.

although these terminological differences may appear trivial for academic debates, they are essential for grasping the larger consequences. Permissioned ledgers lack the essential characteristic of immutability, which means data can be modified. The nodes with control have the same powers as network administrators, managing access and having the ability to change or even erase the chain if needed. Consequently, from this standpoint, it is essentially similar to any other centralized technology. Unfortunately, the term “blockchain” is frequently misused to describe various ledger technologies, leading to a mistaken belief in heightened data security.

As an analyst, I’d emphasize that one significant benefit of blockchain technology is its capacity to ensure data immutability in my perspective. Immutable data signifies that once transactions or information are recorded on the blockchain, they cannot be altered or manipulated by anyone, not even the registry administrators. This feature sets blockchain apart from other technologies when it comes to upgrading land registry systems.

What does the land registry do?

Why is it essential to safeguard data in publicly accessible digital storage? Let’s begin by understanding the fundamental role of a land registry. When Alice and Bob execute a title deed, they rely on an impartial third party to keep their document safely. In case one party loses or alters her copy, disputes may arise regarding the legitimacy of their agreement. The registry’s primary responsibility is to act as this trusted intermediary, preserving the authenticity and accuracy of records for all involved parties.

Prior to the advent of blockchain technology, maintaining secure registries involved significant physical infrastructure, such as archives with shelves filled with paperwork or data centers housing databases and necessary software. This setup was susceptible to various vulnerabilities, including data corruption and loss, which could be permanent. Consequently, access to these systems was strictly controlled and limited to a select few individuals responsible for administration and record-keeping.

As a researcher studying the differences between traditional registration systems and blockchain technology, I’ve found that in the past, registration functions were limited to specific individuals such as registrars or notaries to prevent unauthorized access. However, maintaining registries electronically using blockchain technology introduces new possibilities. With blockchain, there is no need for intermediaries since the registry can be maintained decentralized and securely by an extensive network of users. This results in a system that can accommodate virtually an infinite number of participants without the risk of crashing the database.

How will blockchain transform real estate transactions and registration?

As a crypto investor, I’ve come across traditional property transactions that involve two distinct steps. In the first step, we, the parties involved, agree on the terms and sign a contract, often referred to as a title deed. However, this agreement isn’t officially recognized until we proceed with the second step: registering the deed with the registrar. This registration serves as the ultimate source of truth, recording who owns what in the property registry.

In numerous countries, title transfer is legally recognized as taking place when an official body registers a deed. Parties cannot make these records themselves due to the fragility of centralized technology, as previously mentioned. However, blockchain technology introduces a revolutionary change by providing an unbiased source of truth without requiring registry authority oversight. As a result, the separate actions of reaching an agreement and registering it can be combined into a single blockchain transaction. Once a smart contract-governed deal is executed and published on the blockchain, it functions as an authoritative record.

As an analyst, I’d rephrase it as follows: I understand that maintaining infrastructure is just one aspect of a land authority’s role. When it comes to registration processes in various countries, there’s more to it than simply recording transactions brought to the land office. Verification of deals is necessary, and in some instances, these deals require the scrutiny of a notary. To achieve self-reliance and eliminate reliance on third parties, automation of all these functions is essential. Once we reach this stage, we can fully harness the benefits of programmable relationships through smart contracts, facilitating decentralized autonomous organizations (DAOs), decentralized finance (DeFi), and other elements of the Digital Economy.

For those advocating complete elimination of intermediaries, unfortunately, there’s sad news: we’ll still necessitate the presence of a registrar. There exist numerous scenarios where an impartial third party is indispensable, such as in dispute resolution (requiring the registrar to enforce court orders), during inheritance cases, or when access to crypto wallets is lost and the owner or successor cannot regain entry. The Blockchain Estate Registry application we discuss needs to incorporate administrative access for upholding legal structures. However, I anticipate that approximately 90% of real estate transactions will not involve any direct intervention from the land authority, as registration processes are expected to streamline and automate.

Summary

As an analyst, I would summarize it this way: The rigidity of conventional land systems hinders their ability to adapt to the revolutionary digital economy with its decentralized autonomous organizations (DAOs), decentralized applications (dApps), and decentralized finance (DeFi) systems. This is because these traditional systems rely heavily on regulatory oversight and intermediaries, creating obstacles for advancement. However, blockchain technology offers a solution by providing a secure, decentralized, open-source infrastructure for data storage. This reduces the risk of data loss in property registries and allows for the automation of intermediary functions, thereby facilitating progress in the digital economy.

As a crypto investor, I’m excited about the potential of the Blockchain Estate Registry, which represents a significant shift towards automated and verified transactions without the need for human intervention. However, it’s essential to keep in mind that not all blockchains offer immutable records by default. The level of security depends on the network’s scale. Smaller networks might be more vulnerable to certain types of attacks, whereas larger, more established ones are generally more resilient. For public registries, it’s wise to opt for well-established and community-supported blockchains to ensure the highest level of security.

As a crypto investor, I strongly believe in the implementation of a multi-chain system using a cross-blockchain protocol. By doing so, we can tackle some prevalent issues in blockchain technology such as bandwidth limitations, scalability, slow transaction speeds, and high costs. This solution becomes particularly relevant for public property registries, which require a robust and efficient infrastructure. Further exploration of this topic is essential.

Land registries should shift to blockchain technology | Opinion

Oleksii Konashevych

As a seasoned researcher in the field of Law, Science, & Technology with a Ph.D., I have dedicated myself to the exploration of blockchain technology since 2016. My doctoral thesis delved into the innovative area of tokenizing real estate on the blockchain. In recognition of my work, I was honored with an invitation to address the esteemed Australian Senate in 2021. The recommendations derived from my research on implementing a next-generation property registry using blockchain technology were adopted by the Senate’s ‘Fintech’ Select Committee. These insights were then presented to the National Cabinet, paving the way for a groundbreaking blockchain pilot project with the land registry. In addition to my academic pursuits, I am also the creator and host of the popular YouTube channel “Blockchain State.”

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2024-04-28 14:50