Property Transactions and Certainty of Title Transfer

Limmer, Peter

doi:10.1515/eplj-2013-0022

Cited by 3 publications

(1 citation statement)

References 1 publication

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“…With growing markets, however, both the recording system's inherent risks and conveyancing costs have increased (Limmer, 2013). Likewise, practices of creating and trading secured claims held by noteholders against borrowers, i.e.…”

Section: Introductionmentioning

confidence: 99%

The blockchain challenge for Sweden's housing and mortgage markets

Proskurovska

Dörry

2022

Environ Plan A

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This paper investigates how blockchain technology may alter the defining mechanisms of residential real estate transactions in Sweden. It departs from the assumption that blockchain applications do not merely change complex socio-economic, organisational and governance arrangements of mature housing and mortgage markets. Rather, they may trigger resistance among incumbents in the current organisational model, which will drive incremental change. This analysis shows that housing transactions in Sweden are long and complex endeavours, underpinned by exclusivity, uncertainty and information inequalities. A public-private consortium led by Lantmäteriet – a Swedish government agency – has pioneered the use of blockchain technology for the conveyance of a house to address these deficiencies. This project has not moved beyond the proof-of-concept phase, while the socio-technical organisation of transactions has evolved. Insights from institutional and evolutionary approaches help conceptualise how technologically induced and qualitatively different structures and functional effects may change the way housing and mortgage markets will work, thereby highlighting both disruptive potentialities and limitations of blockchain applications for the legacy design underpinning the current Swedish housing transaction system. Following a forensic empirical approach, this paper dissects the organisational architecture, key practices and the linked network of actor groups running Sweden's property and mortgage markets. Results illustrate that understanding concrete blockchain-induced changes and their unintended consequences requires closer scholarly attention at the scale of actor networks, the types of knowledge and technologies, and the micro-geographies in which they are embedded. Such in-depth understanding enables better-informed assessments of the blockchain challenge for complex housing and mortgage markets.

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Section: Introductionmentioning

confidence: 99%

The blockchain challenge for Sweden's housing and mortgage markets

Proskurovska

Dörry

2022

Environ Plan A

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Keeping up with the Times: The Transformation of the Publicity Regime with New Movable Property Security Rights and Developments in Blockchain Technology

Gürsel

2020

European Property Law Journal

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For a long time, the publicity regime over movable property has been associated with possession. Many modern legal systems still operate on Roman law principles concerning the validity of transactions: Whoever is in possession of a movable asset generates the legal presumption that he or she rightfully owns that asset. Immovable assets on the other hand are tied to a different concept due to the value and meaning ascribed to them. Whereas possession signals who has which rights to claim against whom, inscriptions made in a public registry (such as a land registry) determine the fate of immovable property. Over time, reforms in the law on secured transactions have resulted in a less strict approach adopted in executing transaction relating to movable property to enable the establishment of limited rights in rem and their implementation. Regardless, most civil law jurisdictions still deem the transfer of possession as compulsory for a valid right of pledge over movable property. This article elaborates on the most significant changes to the field of property law and why certain countries may reconsider their traditional approach, especially since yet another wave of change is coming in the form of Blockchain registries. Although certain countries’ legal systems are bound to the old-fashioned principle dating back to Germanic and Roman laws, many others like the Belgian, French and Turkish systems have modernized their publicity regime applied on movable assets and have a special registry, whether regional or nationwide, for transactions related to movables. While providing a few examples from common law countries, this article is an in-depth, comparative analysis into the current condition of Swiss law on this matter and the modifications implemented under French and Turkish law. In the last section, the article reviews the imminent interaction between the publicity regime of immovables and blockchain technology.

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Is a Blockchain-Based Conveyance System the Next Step in the Financialisation of Housing?: The Case of Sweden

Proskurovska

Dörry

2018

SSRN Journal

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Property Transactions and Certainty of Title Transfer

Cited by 3 publications

References 1 publication

The blockchain challenge for Sweden's housing and mortgage markets

The blockchain challenge for Sweden's housing and mortgage markets

Keeping up with the Times: The Transformation of the Publicity Regime with New Movable Property Security Rights and Developments in Blockchain Technology

Is a Blockchain-Based Conveyance System the Next Step in the Financialisation of Housing?: The Case of Sweden

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