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Comparative Analysis of the Legal Concept of Title Rights in Real Estate and the Technology of Tokens: How Can Titles Become Tokens?

  • Oleksii Konashevych
Conference paper
Part of the Lecture Notes in Computer Science book series (LNCS, volume 10958)

Abstract

This paper discusses how to use blockchain tokens to represent real estate titles. Tokens on the blockchain as a technological concept is the closest solution to the legal concept of titles, because it provides for evidence of ownership and can be transferred from one address to another, while giving exclusive access to such an address to the owner. This paper contains the analysis of the concept of tokens in the context of its applicability to title rights on real estate. There is also a discussion of the outcomes of conducted interviews with professionals in the field of Computer Science, technologies, blockchain and smart contracts. Some critical mismatches were found: tokens are not able to satisfy current demand to manage title rights online. To develop a mature and sustainable electronic system, there are certain issues that need to be addressed: inheritance procedures, litigation, guardianship, delegation of rights and rights of third parties (liens and encumbrances) as well as the legal concept of bundle of rights (possession, disposition, enjoyment, etc.), which requires a strong mathematical model. During the abovementioned interviews, some weaknesses were found in the existing ideas of the use of the blockchain for real estate, mostly related to the undesirable centralization and issues with security. As the result of this research, it is obvious what needs to be developed is the concept of a high-level design of the technology, capable of managing title rights on the blockchain, which includes a three-level mechanism of (1) e-voting, which provides for a democratic implementation of governing algorithms; (2) Smart Laws, as the concept of high level “smart” algorithms that implement (by e-voting) existing laws related to property rights in a form of the program/protocol; and (3) smart contract templates which are based on the smart laws, that allow people to manage their title rights online.

Keywords

Blockchain Smart contracts Titles Real estate Tokens E-Governance E-Voting E-Democracy 

Notes

Acknowledgments

This paper is an outcome of the PhD research performed inside of the Joint International Doctoral (Ph.D.) Degree in Law, Science and Technology, coordinated by the University of Bologna, CIRSFID in cooperation with University of Turin, Universitat Autònoma de Barcelona, Tilburg University, Mykolas Romeris University, The University of Luxembourg. Thanks to my supervisor Prof. Marta Poblet Balcell, RMIT University (Melbourne, Australia), and Pompeu Casanovas, Universitat Autònoma de Barcelona (Barcelona, Spain).

References

  1. 1.
    Nakamoto, S.: Bitcoin: A Peer-to-Peer Electronic Cash System. https://bitcoin.org/bitcoin.pdf
  2. 2.
    Nachiappan Pattanayak, P., Crosby, M., Verma, S., Kalyanaraman, V.: BlockChain technology: beyond bitcoin. Appl. Innov. Rev. 2, 6–19 (2016)Google Scholar
  3. 3.
    Distributed Ledger Technology & Cybersecurity: Improving information security in the financial sector (2016)Google Scholar
  4. 4.
    Ethereum Project. https://www.ethereum.org
  5. 5.
    Nxt - The Blockchain Application Platform. https://nxt.org
  6. 6.
  7. 7.
    Szabo, B.N., et al.: Formalizing and Securing Relationships on Public NetworksGoogle Scholar
  8. 8.
  9. 9.
    Surda, P.: Economics of Bitcoin: is Bitcoin an alternative to at currencies and gold? (2012). http://nakamotoinstitute.org/static/docs/economics-of-bitcoin.pdf
  10. 10.
    Mirkovic, J.: Blockchain Pilot Program. Final Report (2017)Google Scholar
  11. 11.
    UBITQUITY - The First Blockchain-Secured Platform for Real Estate RecordkeepingGoogle Scholar
  12. 12.
    Bitland. Land Title Protection Ghana. http://www.bitland.world/about/
  13. 13.
    Real Estate Land Title Registration in Ghana Bitland. http://bitlandglobal.com/
  14. 14.
    Blockchain and Future House Purchases. https://chromaway.com/landregistry/
  15. 15.
  16. 16.
    REX. The Global Real Estate Data Marketplace. http://rexmls.com/
  17. 17.
    Chavez-Dreyfuss, G.: Ukraine launches big blockchain deal with tech firm Bitfury. http://www.reuters.com/article/us-ukraine-bitfury-blockchain-idUSKBN17F0N2
  18. 18.
    Vavilov, V.: The Bitfury Group. http://bitfury.com/
  19. 19.
  20. 20.
    Antadze, L.: Bits of “Blockchain” is pointless in Govtech. https://medium.com/@lashaantadze/bits-of-blockchain-is-pointless-in-govtech-5b8044fd2d9c
  21. 21.
    Sharma, T.: How Blockchain Can Be Used In Escrow & How It Works? https://www.blockchain-council.org/bitcoin/blockchain-can-used-escrow-works/
  22. 22.

Copyright information

© International Financial Cryptography Association 2019

Authors and Affiliations

  1. 1.KievUkraine

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