Legal documents and legal methods for property rights

Legal documents and legal methods for property rights

Sri Lanka
Organization type: 
nonprofit/ngo/citizen sector
Budget: 
$10,000 - $50,000
Project Summary
Elevator Pitch

Concise Summary: Help us pitch this solution! Provide an explanation within 3-4 short sentences.

New ideas for inexpensive legal documents and professional methods. Registration to be made possible directly without third parties.Ideas for new legal methods such that the poor could respond positively to enter into formal transactions to register.Judicial and professional training to coordinate the old methods of registration, traditional methods and new methods of registration introduced.

About Project

Problem: What problem is this project trying to address?

The introduction of the Torrens system is made without the necessary tools. The professional methods,the methods of creating the much needed Assurance fund are all missing as donors introduce only the registration process. Increase in white collar crimes with the absence of the required professional rules and ethics is a big problem.

Solution: What is the proposed solution? Please be specific!

Poor will benefit with simple professional methods and inexpensive secure documents created for registration. modern documents to register customary rights, shared interest will benefit traditional land use systems. Sri Lanka has an insurance method to secure the Banks for extending credit for lands that have shared interest and customary rights.The ideas are unique,will stimulate the creation of iconoclastic ideas,promote insurance and private sector methods to guard against fraud to offer compensation to owners. Land being the most valuable asset needs a low premium insurance schemes.The private sector will gain by creating new entrepreneurial ideas to modernize the age old method of Governments alone being burdened to protect private lands.
Impact: How does it Work

Example: Walk us through a specific example(s) of how this solution makes a difference; include its primary activities.

Better response from the society to register and formalize land rights. To positively respond to maintain the Rule of Law. The private sector has moved to create awareness programs relating to property rights. September 2010 private sector for the first time commenced a presentation program to disseminate knowledge Active committees are appointed by the members of the legal profession and the Government organizations. Professor Joyce Palomar of the university of Oklahoma has agreed to be a coo-researcher with me to research on documents of developing countries and to find solutions through the private sector and insurance mehtods for property rights. Emeritus Professor David Stanfield of the university of Wisconsin and Ms Linda Whetstone joins us in all our work and to organize a conference if possible with all developing nations. I have made representations to the Commonwealth Association and the Law Asia forums as most of the developing nations are members of the said forums.
About You
Organization:
Attorney at Law - Gunasekera and Perera
Visit website
Section 1: About You
First Name

Kirthimala

Last Name

Gunasekera

Country

, XX

Section 2: About Your Organization
Is your initiative connected to an established organization?

Organization Name

Attorney at Law - Gunasekera and Perera

Organization Phone
Organization Address
Organization Country

, XX

How long has this organization been operating?

1‐5 years

Your idea
Country your work focuses on

, XX

Innovation
Do you have a patent for this idea?

Impact
Actions

My reports to the judiciary created a great awareness program. A member of the judiciary made a presentation prepared by me. As a result members of the legal profession and Government officials are all making a joint effort to implement the new system of property rights. Ministry of Justice has appointed a committee chaired by a member of the Judiciary to amend the old conveyancing statute [1907] to benefit the Torrens system introduced to the country. This was great step advocated by me as the Torrens system operated with old mehtods of conveyancing for 12 years. The judicial decisions of countries during the last ten years have made changes to the Torrens system which has brought the system close to the Deed registration system I would like to collect the information and decisions from all the countries for the benefit of all nations especially nations like India a country which is introducing the system in 2010 has much to gain from other nations and their amended statutes.

Results

The implementation of property rights is made with awareness and corrective methods. The universities of Sri Lanka may begin research as I have made representations for the need for research. The international response to initiate creative documents, new legal mehtods, innovative private sector operational support for Governments has been a great encouragement to me.

How many people will your project serve annually?

What is the average monthly household income in your target community, in US Dollars?

More than $4000

Does your project seek to have an impact on public policy?

Yes

If so, how?

The Government will coordinate with the private sector. Privatize the property rights programs

Sustainability
What stage is your project in?

Operating for 1‐5 years

Does your organization have a board of directors or an advisory board?

Does your organization have any non monetary partnerships with NGOs?

Does your organization have any non monetary partnerships with businesses?

Does your organization have any non monetary partnerships with government?

Yes

Please tell us more about how partnerships could be critical to the success of your innovation.

Partnerships will help to create an idea bank jointly disseminate knowledge-organize conferences on new ideas to implement property rights. To give a chance to the poor to formalize their rights with an affordable cost to encourage to stay within the formal methods

To collect literature available in developing countries relating to legal mehtods, documents, innovative ideas, case law and judicial decisions

encourage research in universities [ few developing nations have research programs ] for indigenous methods for property rights rather than new methods from a far for developing nations

We would like to learn more about how your initiative is financially supported. Please explain your business plan/revenue model

I have little financial support. The professors I have mentioned above and Ms Linda Whetstone are all interested in having funds to disseminate knowledge
I have visited over 12 land registries of countries both developed and developing nations. Examined the various types of documents available for registration in the countries. There is a wealth of information in many developing nations. My plan is to collect information to form an idea bank for property rights . Many of the existing systems in developing nations can be improved need the support of professionals and academic members of the countries.

The Story
What was the defining moment that led you to this innovation?

Practiced as a Conveyancing lawyer for over 20 years.Ten years developed an insurance process for rural property rights with a member of our Judiciary. He encouraged me to research on Conveyancing and new documents Documents and professional ethics is the beginning of property rights. Gradually fraud and malpractices made it's way to destabilize the security of documents in my country, guaranteeing title to owners was a risk and this became the defining moment to venture out to see what's happening in other nations. I found that fraud and white collar crime is extremely pervasive in all countries and this began my starting point to research create new ideas for professional methods and documents. Strongly advocated bio metric mehtods to identify owners as done in some countries Wrote articles and made presentations nationally and internationally.

Tell us about the social innovator—the person—behind this idea.

As a lawyer thought of the ideas as I saw the decline of the Rule of Law amongst the professionals. The professionals play a great role, need to be trusted to guarantee the accuracy of documents. But to day white collar criminals are destroying the trust placed on them. Prosperous nations pay a great deal of attention to ethical requirement for property rights with substantial insurance protection for consumers. This protection is missing in developing nations.
persons behind me -Professor David Stanfield published my paper on Insurance invited me to bring my ideas to the Terra Institute http://terrainstitute.org/ I became a member. He invited me to attend meetings with The Property Records Industry Association (PRIA). They were an excellent group with fresh ideas - began as an idea that, within the property records industry, government and business could work together, with mutual respect and without acrimony, to address issues of common concern in the world of property transactions.
Professor Pamela O'Connor of the university of Melbourne invited me for a discussions presented me with her thesis on Registration systems of countries. Discussed the case law of recent years which has even made the Torrens system to change in Australia the birth place of the system. Her paper on Double indemnity to support the land registry fund gave me the impetus to invite the private sector of my country to support property rights.
Professor Joyce Palomar author of several books on land insurance agreed to jointly research with me on all what I have described.
Ms Linda Whetstone has invited me for several presentations in London and had also invited me to make a presentation at the International policy net work London on special insurance methods. She considers my idea as valuable and we often wonder why funds are not available for such an important research program. Need to join with other Asian nations to find solutions for the removal of the common law in our countries by the introduction of the Torrens methods, in fact our discussions led to the creation of a Property Rights Google Forum property-rights-forum@googlegroups.com

How did you first hear about Changemakers?

Through another organization or company

If through another source, please provide the information.

E mail from the Porperty Rights Forum property-rights-forum@googlegroups.com

Additional
Which (if any) of the following strategies apply to your organization or company (check as many as apply)

Formalizing and documenting property rights (i.e. titling, leasing or certification), Legal education and awareness, Developing/applying technology for surveying, mapping and documenting property rights.

Please explain how your work furthers one or many of the above strategies (if you selected “other”, please explain your strategy)

Strategy: Documents to be prepared securely free from fraud and malpractices, prepared with high ethical standards. Should be at a nominal cost with simple legal procedures for the poor to understand.Legal education to all.The prosperous nations for 150 years maintained the above strategy to secure their property rights. Developing nations need to follow.