Civil Law Notaries - serving land tenure security worldwide
The question of how land ownership is organised is essential in any country seeking economic development. It is through the delivery of reliable securities that the property market of a country can organize itself harmoniously.
A credible system of securing land transactions is hinged around 3 pillars
- Accurate identification of real estate on plans (cadastre, ortho-photos or satellite photo) and verification of the identity and legal capacity of individuals.
- A real estate register which lists all the legal acts concerning all the real estate of all the persons having a right of nature of land.
- An indisputable deed that offers almost perfect legal security (sale, sharing , donation ...).,
The interest of these 3 pillars:
- legal: determine with certainty who possesses what and under what conditions,
- social: to enable the poorest to defend their rights over the land and to have access to public infrastructures.
- economic: to avoid a long and costly conflict with the owner of the land right and to give him access to credit.
- fiscal: to inform the public authorities of the identity of the holders of a land right to collect the tax .
The notary and the title of real estate
Issuing instruments of title remains the civil law notary's core business.This is why the civil law notary has decided to devote considerable energy to the campaign for land reforms. This campaign is also part of the French notarial profession’s general policy aimed at contributing, along with the other players in the property field and in a spirit of respect for cultural diversity, to establishing a State governed by the rule of law which is the cornerstone of economic development.
Titling is linked to the main concerns of developing countries:
- the fight against extreme poverty,
- economic development,
- food insecurity,
- women’s rights,
- peace between people,
- and sustainable development.
Titling: the concrete actions of French notariat to secure land transactions
The issuance of property titles represents the core business of the notary. This is why the notariat is involved in actions to support land reforms. It is also part of the general policy pursued by the French notariat to contribute, in complementarity with other land stakeholders and with respect for cultural diversity, to the establishment of a State governed by the rule of law, the cornerstone of economic development.
Serving land tenure security: cooperation with national and international organizations
The High Council of French Notariat has participated actively in the elaboration of the Voluntary Guiding Principles on land tenure security, launched by the United Nations (UNDP and FAO) and the World Bank.
He participates in UN-Habitat's work on land tenure security in urban areas and works on principles for responsible agricultural investment (FAO). He is recognized as an expert by the World Bank in this area, participates in its think tanks and regularly speaks at its annual conference on "Land and Poverty".
Finally, the High Council of French Notariat is an active member of the Technical Land Committee of the French Development Agency.