E-conveyancing: a consideration of its risks and rewards

Abstract

Purpose The purpose of this paper is to examine current Australian e-conveyancing processes to identify its rewards and the risks requiring specific attention in order to protect consumers and ensure ongoing trust in the system. Design/methodology/approach Doctrinal legal research engaging with statutory and precedential case law; related policy documents and governmental agreements; academic and other related writings; news materials and Property Exchange of Australia documentation. Findings E-conveyancing rewards have received greater understanding than the inherent risks, which needs to be corrected by educating users and consumers. Originality/value The research adds to the academic literature in this emerging area of legal risk.

Electronic title certificate as legal evidence

“…In Queensland, the issuance of paper certificates of title has been discontinued, and existing certificates are cancelled when they are next lodged for any transaction (Christensen, 2019). Instead, ownership, interests, and encumbrances in the land are now evidenced by the details recorded in the land register (Cradduck, 2019). This is accompanied by a strict identity verification process to ensure that the individual claiming ownership of the land is indeed the same person mentioned on the title.…”

“…The digital land registry provides useful advantages such as reducing costs, time, and storage requirements for land registration (Cradduck, 2019). Geographic accessibility is increased, and much of the manual labour is eliminated (Sandberg, 2010).…”

“…However, issues with privacy and security have been raised, particularly in relation to the possibility of opportunistic fraud. Unauthorized access to the online system poses a risk, including the risk of cyberattacks, the possibility of data breaches, misappropriation of identity, and the risk of illegal real estate sales, which can allow thieves to steal registered owners of their interests (Thomas, Griggs, and Low, 2014;Cradduck, 2019). The dangers of fraud and forgery are reduced using electronic signatures and other identifying methods, such as pin-tokens or biometric devices (Sandberg, 2010; however, compare the risks set out in Mason and Seng, 2021).…”