UNIVERSITY OF ZIMBABWE

FACULTY OF LAW
Department: Procedural Law
Course: Conveyancing (LB021)
Lecturer: L Mhishi
GROUP 10

QUESTION: What would be the benefits of establishing an e-conveyancing system in

Zimbabwe? What problems can be encountered with an established system and what
solutions can be proffered to counter them? (20)

DUE DATE: 11 September 2015

1|PageBenefits, problems & solutions of E-Conveyancing

MAJAMANDA BRAIN R128843L

KHUMALO NICOLE B R128941M

MUKONZA M VIVIAN R128886W

MURINGI FUNGAI R128873N

MAKAYA TAKUNDANASHE R128839T

MURUTAYI ALBERT R128877J

MURAICHO KUDZANAI R128943F

SIBANDA THANDIWE R R113525R

DANGIRWA AUDREY R128879Y

MAIMBO IVY R1288664E

NHEMACHENA NATSAI R123581A

TAKAIDZA PAMELA R113476H

2|PageBenefits, problems & solutions of E-Conveyancing

E -conveyancing or electronic conveyancing can be described as a secure, paperless,
electronic end to end pre sale to post completion conveyancing process. Electronic
conveyancing does not mean the ancillary use of computers by different participants in
the conveyancing process1. It means that the total conveyancing process - from the time
instructions are received to the register of title deed - takes place in a single, secure,
unified and paperless system2.Users of the e-conveyancing system will be able to
correspond and transact with each other securely and will be able to share information
electronically. Deeds and documents will be signed with electronic signatures.

1
Brennan, Gabriel ,The impact of e -conveyancing on Title registration : A Risk Assessment .https
:/books.google.co.zw.bks?isbn 3319103415 page 74
2
ibid
3|PageBenefits, problems & solutions of E-Conveyancing
Many commentators3 have advanced for e conveyancing as a means of achieving
modernisation application of technology is seen as a means standardising and
simplifying the conveyancing process. The development e conveyancing has been
advocated as a ‘cure all’ solution to the difficulties presented by centuries old ,paper
based traditional processes that on the face it appears no longer fit in the 21 st Century.

For the successful establishment of an e-conveyancing system in Zimbabwe and it to

gain acceptance by all relevant stakeholders in the conveyancing sector, it must
establish itself to be advantageous beneficial over the existing system of
conveyancing .There is a considerable amount of literature advocating the advantages
of e conveyancing and Graham4 lists them including:

a. Increased speed of transactions;

b. Round the clock availability (presumably for registered users)
c. Clearer and quicker interaction with quicker responses for users in getting
information from the electronic system.
d. Reduced administrative burden on the customer side meaning that the
customers will not have to complete post transaction paper documents
e. Higher productivity on the governments side because deeds can be processed
more quickly compared to the paper based forms.
f. Facilitation of information sharing and analysis of trends.
g. Automated compliance and verification;
h. Reduced risk of document loss;
i. Greater access to Deeds Registry for those not in major cities;
j. Increased transparency.

It is intended that the e-conveyancing process will significantly speed up the registration
process thereby protecting a property owner’s interest at an early stage. Using the
opportunities provided by electronic technologies, the program will help to achieve the
Government’s objective of improving the national systems for buying, selling and
registration of land and property, for the benefit of all involved. This will reduce delays,
complications and anxieties and increase efficiency and communication in the property-
buying process.

Increased Speed of Transactions

The current paper-based conveyancing takes protracted amounts of time for

conveyancing transactions to be completed. There is a litany of manual steps involved

3
ibid
4
Cited by Brennan Gabriel on page 74 of The impact of e -conveyancing on Title registration : A Risk
Assessment .https :/books.google.co.zw.bks?isbn 3319103415 page
4|PageBenefits, problems & solutions of E-Conveyancing
in the paper based system which could be greatly speeded up if an e-conveyancing
system was to be established5. The introduction of e-conveyancing registration system
should enhance the service delivery to clients as the total time for the completing the
offer to purchase can be reduced and as a result there is potential for faster registration
process due to strong capabilities of an electronic system 6, the use of paper may be
mineralized or even be eliminated and consequently banks and conveyancers could
reduce costs associated with the storage of documents which are currently necessary
for court where legal disputes arises.

A paperless system

All communication between practitioners, lenders, Land Registry and other

organizations involved in the conveyancing process will be capable of being electronic,
as will all exchanges of formal documentation. Electronic communication between the
professionals and the buyers and sellers may also be the norm. However, 7 it may not be
possible to abolish paper totally. Some people, for example, may not be connected to
the internet and communication using paper and the post will continue to be needed

Paper work is not adapted to deal with the modern society as there is increased
volumes and diversity of transactions and market expectations for speed and
transparency.8 This is because the registration process in many jurisdictions suffers
from many bureaucratic delays which are based on analogical paper based
documentation systems.

The ability of an e- conveyancing system to store as well as retrieve documents

electronically saves time, space, personnel and permits more advanced interconnected
use of information contained in the documents 9. The system of land registry will gain
efficiencies (fewer errors and quicker processing) in operations and linkages with other
commercial and governmental systems. A deed search for example, which should be a
relatively simple process, can take hours because of the strenuous effort needed to
pore through paper files or the officials at the Deeds Registry are simply ‘unable’ to
locate the relevant file.

An e-conveyancing system has an electronic database of all title deeds and a deeds
search would be done with a few clicks on a computer increasing efficiency and
convenience. This would be of immense benefit to potential purchasers of property as

5
Clark Eugene Journal of Law ,information and Science “ E Conveyancing in Australia : An important step along the
Journey to E government 2011 JLawinfosci 5;2011 2 (1) Journal of law and information science
6
ibid
7
The impact of e-Conveyancing on Title registration : Risk management, https:/google books.com
8
Clark Eugene Journal of Law ,information and Science “ E Conveyancing in Australia : An important step along the
Journey to E government 2011 JLawinfosci 5;2011 2 (1) Journal of law and information science
9
ibid
5|PageBenefits, problems & solutions of E-Conveyancing
well as financial institutions seeking to utilize property as security for the lending of
money to their customers. It shortens the time of registration from day to minutes .There
is greater assurance and protection of parties that dealings will be settled almost
immediately after settlement, avoiding the risks inherent in the registration gap often
contributed to by dilatory mortgages.

Depending on the type of e-conveyancing system adopted, there could be a specific

template for each necessary document and all that would be required would be entry of
the relevant details for a specific transaction. This would greatly reduce the amount of
time taken by conveyancers to complete each step of the conveyancing process
required of them, and also lessen the amount of information requiring verification as the
system would be able to check certain details automatically.

In the existing system, poor quality documents are rejected and re -submitted
afterwards .The introduction of a superior system (less finger errors) would lead to
reduction in the number of rejections at the deeds office due to errors delays the
registration and transfer of property therefore the electronic system could result in banks
earning more revenue due to earlier registration.

This would be invaluable in the Zimbabwean context, given the extreme indolence of
public officials when it comes to the execution of their duties. It would also be quicker
and easier to correct any errors on documents or address queries as these would be
immediately flagged. On line real time access to land registry records eliminates the
time spent searching for results online documents reduce the time deciphering written
documents on old faded paper10 .The quality of the information available online is of
higher quality and more information may be even available on a standardized format.

Cost saving efficiencies and convenience of settlement.

Greater convenience and efficiency gains will be achieved through sharing of

information, setting financial aspects of transactions without cheques or settlement
meetings, paying fees, duties and taxes at settlement without cheques or mail delays,
linking dependant transactions for simultaneous settlement using instant messaging to
communicate directly effectively and conveniently with others. The introduction of e-
conveyancing provides an ideal opportunity for root and branch review of the entire
conveyancing process .This is therefore means that there is increased transparency of
party’s readiness to settle.

It eliminates the time and cost involved in instructing staff and agents and their
attendance at the physical settlements and lodgments at land registries Greater

10
Ibid
6|PageBenefits, problems & solutions of E-Conveyancing
efficiency and time saving as travel time to settlements, arranging bank cheques and
execution of transfer documents is no longer required11.

Furthermore, the availability of online settlement will also save the costs of attended
settlements and eliminates the need for proper financial transactions and losses that
come when a settlement falls through12. It closes the gap between settlement and
lodgment resulting in fewer priority issues arising from conflict between unregistered
interests.

Automated Compliance and Verification

The establishment of an e-conveyancing system would be ensuring that transparency is

increased and thus at each stage of the conveyancing process it is quick and easy to
see whether the parties to the transaction are meeting their requirements and
obligations before settlement13. Greater transparency is available as one will be able to
see the status of all documents in the transaction, including the other party’s financial
institutions.

A matter of grave concern to the conveyancing sector is the marked increase in the
undercharging of conveyancing work through the exploitation of young lawyers under
the ‘rent-a-chair’ system. Unscrupulous individuals are offering conveyancing work to
young lawyers at prices markedly below what should be charged in terms of the Law
Society of Zimbabwe tariff, preying on the desperation and low overheads of these
young professionals. This not only puts the profession in disrepute but deprives the
Zimbabwe Revenue Authority(ZIMRA) of revenue as the value added tax(VAT) paid by
these practitioners is far less than what they ought to pay because they are doing the
work at a fraction of the actual cost of the work done.

With an electronic system, there would be an immediate notification of the discrepancy

to both the Deeds Registry and ZIMRA as they will both be part of the e-conveyancing
system, and appropriate action can be taken to ensure compliance by practitioners with
their obligation to charge correct fees for the work done. The system would also
highlight instances of overcharging to protect the public from abuse.

With an e-conveyancing system it would be possible to prevent double sale if all

agreements of sale of property were to be electronically processed as the system would
immediately point out that an agreement has already been concluded with regards to a
particular property.

11
www.nationalconveyancing.co.au/Benefits
12
Clark Eugene Journal of Law ,information and Science “ E Conveyancing in Australia : An important step along the
Journey to E government 2011 JLawinfosci 5;2011 2 (1) Journal of law and information science
13
ibid
7|PageBenefits, problems & solutions of E-Conveyancing
Further, it would be possible to put in place mechanisms to prevent any further action or
‘freeze’ a transaction until certain requirements have been complied with. The potential
for poor conveyancing standards was noted by the Joint Law Commission/ Land
Registry Report of 2001 as one of the major weakness of the current system, and a
standardized electronic system would go along way with ensuring compliance by all
conveyancers with the requires regarding the form and content of all documents to be
lodged in the conveyancing transaction.

Reduced Risk of Document Loss

With an e-conveyancing system, there is far less likelihood of documents going missing
or being damaged due to poor storage facilities 14. Electronic documents are not prone to
the risks of destruction, damage or theft that apply to paper documents, and once
created and backed up electronic documents last essentially forever.

There is currently no back up of hard copy deeds in the possession of the Deeds
Registry, and the adoption of an e-conveyancing system would result in the creation of
such a backup system should it be deemed prudent to retain the paper-based system.
In addition, it reduces the costs for manpower needed in the storage facilities, there are
also costs involved to make and keep the storage facilities fireproof which would be
eliminated under the dispensation of the e-conveyancing system.

Additionally, payments for misplaced documents and lost title deeds within the storage
facilities are additional costs15. This may happen that where the deeds and other
securities are misfiled, or where the conveyancer did not forward the original title to the
bank for storage, when the owner of the property cancels the bond with the bank after
paying off the property or where the owner request a further loan, the bank needs to
apply to the deeds office for a copy of the deed issued by the bank and this takes time
and the bank needs also to pay for the copies16.

Greater Access to Deeds Registry

In Zimbabwe there are at present two Deeds Registries: one in Harare and the other in
Bulawayo, and consequently those in other parts of Zimbabwe must either liaise with
conveyancers in the two cities, or personally ensure that the documents reach the

14
Brennan, Gabriel ,The impact of e -conveyancing on Title registration : A Risk Assessment .https
:/books.google.co.zw.bks?isbn 3319103415 page 74

15
Anthea P Amadi –Enewedu et al ,Mediterranean Journal of Social Science MCSER Publishing “ E conveyancing
strategies : Lessons from South Africa .MSCER Rome Italy, Vol no 10 June 2014
16
ibid
8|PageBenefits, problems & solutions of E-Conveyancing
relevant Deeds Registry or to follow up on matters with the Registrar. This inevitably
causes a delay in the conveyancing transactions of those not in the two cities.

An e- conveyancing system would abolish this barrier as there would be equal access to
the Deeds Registry so long as the conveyancer has reliable internet access. Those in
other towns and cities would thus experience similar advantages as their counterparts in
Harare and Bulawayo. This will have a positive effect not just on the conveyancing
sector but on commerce in general through the greater efficiency and convenience
those results from greater access to the Deeds Registry.

An electronic network will connect all parties involved in the conveyancing process.
Information will flow both ways. Practitioners will be able to view the developing state of
the register of the property that is the subject of the transaction. At the same time, Land
Registry will be able to cross check and validate transaction details as they are
submitted.

In addition, more importantly it is more geographically accessible. This means that it is

easier for: easier cross border transactions, common functionality for users in all
jurisdictions, single interface to national business, and transparent application of
jurisdiction rule differences.

Moreover, an e-conveyancing could enlarge searching options for public documents

such as title deeds and availability of information to the general public and could
produce better tools for the registration processes.

Increased Transparency

Introduction of an e-conveyancing will result in increased transaction transparency as

information as to the status of property and transactions in relation to property will be on
a more accessible platform17. The current system is very daunting to most lay persons,
who do not even know where exactly the Deeds Registry is located and how it
functions. With an electronic system, users will be able to closely follow their
transactions and ask any questions they may have as to what exactly is going on. It will
be possible to update the land register as soon a completion of the transaction has
taken place and to have all this information available to all stakeholders. The availability
of this information has the potential to remove risk and cut out delay18.

High level of security

17
The Twenty first Century Estate Agent , google books
18
Brennan, Gabriel ,The impact of e -conveyancing on Title registration : A Risk Assessment .https
:/books.google.co.zw.bks?isbn 3319103415 page 74

9|PageBenefits, problems & solutions of E-Conveyancing

Full use of an electronic system will depend upon the system being sufficiently secure
and reliable. There are concerns amongst many stakeholders about security in an
electronic system. Electronic systems raise security issues that are very different from
traditional paper systems. But technology also offers new ways of protecting the
security and integrity of data and transactions, which are key on easy transacting and it
is expected to be more secure than the traditional paper system. The system will adopt
levels of security that match the needs of stakeholders19.

The system may reduce fraud by sending alerts to the parties where information has
been changed or tampering with the system has occurred 20.Electronic communication
will make the whole process more transparent as all parties that are linked to the
system will have sight of the progress of the application. Client authorities can be also
be provided for a certain period of time or as a batch authority for a particular
development minimizing the amount of client authorizations required and therefore
documents for the client to execute.

Automatic, simultaneous payments

Instant Electronic Funds Transfer (EFT) will support a system of e -conveyancing by

improving the financial aspects of a property transaction at exchange and completion. It
is a challenging but essential feature if the full benefit of an electronic system is to be
realized21. It will enable the whole nexus of payments associated with a property
transaction to be agreed in advance and then settled electronically and with immediate
effect at the time when all the funding is confirmed as being available and the
transaction is.

As settlement will occur electronically, there will be no limit to the number of settlement
which can take place –physical restraints of settlement will no longer be applicable 22.
There would be lodging instruments and delivery reports electronically without the
delays of mail and carriers, receiving confirmation electronically of lodgments and
registrations. It maximizes efficiencies and information accessibility while at the same
time minimizing or eliminating the costs and inefficiencies of a system that relies on
paper documents.

Other cost saving from the increase in efficiency and speed of electronic transactions
should reduce ongoing costs of lenders of money. Further cost saving important to the
management of a large volume of sophisticated transactions but difficult to monetize,

19
ibid
20
Ibid
21
Bray Judith, Unlocking Land Law, https /books.google.co.zw
22
Clark Eugene Journal of Law ,information and Science “ E Conveyancing in Australia : An important step along the
Journey to E government 2011 JLawinfosci 5;2011 2 (1) Journal of law and information science
10 | P a g e B e n e f i t s , p r o b l e m s & s o l u t i o n s o f E - C o n v e y a n c i n g
will come from the improvements in reporting oversight and compliance made possible
by electronic documents.

With fewer hands involved in paper documentation and greater transparency overall, it
is also hoped that fraud can be reduced. An e-conveyancing system may enable
electronic payments of taxes and other payments related to the property transfer.
Electronic notifications will inform the relevant parties of the payments made or
received .In addition ,the buyer and the seller payment may be exchanged electronically
.This process has been implemented with the trading of shares in South Africa the
mechanisms and the systems are therefore well implemented .

For many business people, buying or selling property can be an obscure time
consuming, not to say time wasting and complicated procedure 23 .It can also be
expensive described as “as bog in which many have fallen and expensive to get out” 24,
enter electronic conveyancing and the journey from the filing cabinets in solicitors has
begun. It is an abridged journey from the 13th century to the 21th century no stop.

The ultimate result of this revolutionary move will result in businesses expecting fewer
delays and higher efficiencies both in buying and selling. There will be more certainty,
more certainty more transparency, less time wasted and greater understating of what is
happening where there is a delay, it will be clear who is at fault.

Problems of the e conveyance system

Security Risks of Data and Processes of e-Conveyancing

While there are potential benefits and efficiencies offered by the electronic
conveyancing, there are different and complex risks associated with using electronic
conveyancing compared to the current paper system. The risks, the data and processes
of e-conveyancing, would be exposed to can be grouped under the following five
categories:

Integrity of the system

The e-conveyance system may suffer from integrity issues e-conveyancing service must
ensure the integrity of data and messages against accidental or deliberate malicious
alteration from the point at which they are sent by the originator to the point at which
they are received. Integrity of the service must be demonstrable such that any changes
to any data or message between the sender and the recipient can be identified.
23
The Irish Times Monday September 7 2015 accessed at www.times .com/business /commercial –property/e
conveyancing will reduce cost of doing business-1.1040506.
24
Ibid
11 | P a g e B e n e f i t s , p r o b l e m s & s o l u t i o n s o f E - C o n v e y a n c i n g
Authenticity

The e-Conveyancing service must be capable of identifying and authenticating the

buyers’ and sellers’ conveyancers (there may be several users on each side,), each
party’s lender(s), other Government departments with interfaces to the service,
individual conveyancers, Land Registry staffs, anyone else authorized to have access to
the service.

Non-repudiation

The service must ensure the integrity, authentication and non-repudiation of data and
information exchanged, after any agreed alterations between the parties. No party using
any part of the e-Conveyancing service must be able to deny that they had sent or
received any document(s), message(s) or data that had been sent or received.

Audit trails

Comprehensive audit trails of all activities that take place within the e-Conveyancing
service are required.

Privacy

The e-Conveyancing service must provide assurances that privacy is maintained in the
documents, data, messages and information exchanged via the component services
between users and any ancillary parties (such as lenders and clients). It must be
capable of ensuring that unauthorized persons cannot read a document even if they
gain access to it.

Arrumada25 offers the view that the implementation of any system is challenging a
process and failures are not uncommon. It is unwise to assume that the introduction of
e- conveyancing is at a practical level inevitable as some others have asserted. The
problems often associated with the e –conveyancing scheme include concerns about
client confidentiality and the expensive effects on both smaller firms and other
industries, the distrust of clients with regards to handing power of attorney to third
parties and the risk of fraud and hacking in relation to this. It is a universally accepted
truth that computers can be unreliable for example they can crash which can lead to
undesirable implications. System failure may result in the loss of information; it may
result in unneeded delays where the validation checks will improperly find errors where
the contact is fine.

25
Brennan, Gabriel ,The impact of e -conveyancing on Title registration : A Risk Assessment .https
:/books.google.co.zw.bks?isbn 3319103415 page 74

12 | P a g e B e n e f i t s , p r o b l e m s & s o l u t i o n s o f E - C o n v e y a n c i n g
Issues with signatures

In other jurisdictions where e conveyancing has already has been established, initial
reports reported that practitioners felt that electronically signed documents would cost a
lot of expense ,would be risky and further more would be hard for clients to accept 26.
Firstly the conveyancer is changed from an administrator to a direct participant in a 6-7
figure transaction. As a result firstly, due to conveynacers role increases (including
power of attorney) the practitioner may demand for a greater fee. Secondly the e-
signature document does not go away but instead is held in an authorization document
which requires greater risk. Thirdly giving the power of an attorney to an agent to sign a
client’s property transaction may be asking too much from the agent client relationship.

There are also many legal issues which may arise. Firstly, putting a signature onto a
contractual document has clear legal consequences 27.This can obviously pose
problems for electronic documents and signatures, and they may also be requirements
before the document can be used in evidence. Secondly, a third party could steal key
information to fraudulently sign documents.

With regards to the first point, there are three main strategies hackers may use to steal
information:

1. If the certificate is defective, it allows fraudsters to impersonate the signor

2. A fraudster is able to substitute his or her own version of the certificate software.

3. The private key of a conveyancer of trader is compromised if it stored onto hard –

disk, it should be protected by a password, but since this password is memorable, it
would usually be the weakest link in security.

Another problem that arise with the establishment of an e conveyancing system is the
question of liability if something goes wrong 28 .Questions of who will be the key holder at
the registration office which will contain so much personal detail and what if this
information falls into wrong hands?.It would be inevitable that some conveyancers will

26
Following discussion is based on Gulbenkian Andonian Solicitors article on their website entitled : The potential
Problems and Solutions of e conveyancing ,www.gulbenkian.co.uk/news/electronic-commerce-potential problems
and solutions-e conveyancing –modern britain
27

28
Gulbenkian Andonian Solicitors article on their website entitled : The potential Problems and Solutions of e
conveyancing ,www.gulbenkian.co.uk/news/electronic-commerce-potential problems and solutions-e
conveyancing –modern britain

13 | P a g e B e n e f i t s , p r o b l e m s & s o l u t i o n s o f E - C o n v e y a n c i n g
be less security conscious and fears about disgruntled employees making use of e-
signatures are a possibility .Therefore it is actually hard to see how fraud can be
actually reduced.

The average person does not have the technological resources or money to create a
digital signature .The idea that a conveyance should sign on the person’s behalf is risky.
The questions therefore stand as: should something as important as property as a
property transaction be accomplished by something as trivial as a button push?

Issues of client confidentiality

There is concern about the obligation to provide client information by legal

practitioners29. An example in point is the chain management system. The obligation of
matrix overrides the basic duties of client confidentiality .Completing the matrix even
with the clients best wishes at heart, will inevitably affect the reputation of one of the
fundamental duties of the solicitor. Chain management system for example is where
buyer A is buying from B who is in turn buying from C. Each transacting depends on
the other. If A does not buy from B, then B cannot buy from C. The chain would move at
the pace of the slowest transaction for instance if one party wished to delay for any
reason nothing could be done to prompt expediency.

Job losses and implementation costs

Specialist’s consultant and advisory services running a completely separate private

network would be detrimental to smaller businesses30. Since the system needed is
robust and secure, more staff training would be needed resulting in further costs which
small firms would find difficult to subsidies.

Moreover, e conveyancing will purportedly bring ‘estates agents, surveyors and land
registry into a single network31. Hence suggesting the end of privately owned agencies
at city or town centers and the development of a collective agency which will fulfill all
conveyancing requirements. As conveyancers cost will increase due to added
responsibilities and clients will have to pay-per- view. E conveyancing will be as
expensive if not more expensive than the old system.

Computer crime would certainly occur 32 .The use of computer modeling to assess the
probability of the action of the individual criminal in the future will not probably work.
Risk would be extremely high because there some lawyers to whom security is not a
core competency. Maintaining security is a constant struggle. There is a need to

29
ibid
30
ibid
31
ibid
32
ibid
14 | P a g e B e n e f i t s , p r o b l e m s & s o l u t i o n s o f E - C o n v e y a n c i n g
maintain appropriate computer system security (virus and firewall) and the
consequences of failure to do so are drastic as data can be lost. There are particular
obligations to keep secure digital certificate hardware and passwords.

One of the main obstacles in the way to complete computerization of the registration
process is the problem of identifying parties to transactions and the authentication of
documents .Apathy can result in failure of the system .E system is open to abuse and
the registry could not guarantee a secure system against hackers .The customers would
therefore refrain from using the e -conveyancing system because they are uneasy with
the security offered to their private information.

There is an issue of fraud whereby there is an increased level of property title theft in
the United Kingdom has been a direct result of the open access to the land register and
abolition of the Land Charge certificates .One of the possibility of losing one’s house or
property.

The system relies on connecting to an integrated network which involves not just the
land Registry system but also the internet service providers for the conveyancers who
are accessing it. Some of the people in need of the conveyancing services may not be
connected to the internet. They may even lack the knowledge of how to use a computer
should they be presented with one .This means therefore that the communication using
paper and the post will continue to be needed.

One of the weakest links, as far as the security of e-Conveyancing is concerned, is the
e-mail exchanges of documents between different stakeholders from geographically
separated locations using internet. Unfortunately, e-mail exchanges on the Internet are
almost totally unprotected. E-mail communication in plain text can be intercepted at
every intermediate Internet hardwires (such as routers) or even on the communication
lines where the information passes and this information can be misused in a number of
ways.

Countermeasures or Solutions for e-Conveyancing Security

With solutions based on Public Key Cryptography and other access right control
measures, it is possible to protect all of these categories of risks as given below:

Integrity: Digital Signature and hash values secure the integrity of information,

Authenticity: Digital Signature, encryption, user login and certificates guarantee the
authenticity of the sender,

15 | P a g e B e n e f i t s , p r o b l e m s & s o l u t i o n s o f E - C o n v e y a n c i n g
Non-repudiation: Digital Signature and certificates as well as time-stamps make
information or transactions undeniable,

Privacy: privacy of information can be protected through encryption and access rights
control.

Public Key Cryptography (Asymmetric Key Cryptography)

Public Key Cryptography is a form of cryptography which generally allows users to

communicate securely without having prior access to a shared secret key, by using a
pair of cryptographic keys designated as Public Key and Private Key, which are
related mathematically but it is not possible to deduce the Private Key of a pair from the
Public Key. The Private Key is generally kept secret, while the Public Key may be
widely distributed. The output of this technique is called a Digital Signature

Digital Signature

A Digital Signature is nothing but a method for authenticating digital information,

analogous to ordinary physical signatures on paper, implemented using techniques from
the field of Public Key Cryptography. The term Digital Signature has also been used as
a broader term encompassing both Public Key Digital Signature techniques and
Message authentication codes. As per this scheme, the Private Key, which is kept as
secret, is used for signing the document and the Public Key, which is freely distributed,
is used for verifying the signature.

Certificate-based Authentication

As anyone who is in possession of a particular Private Key can produce an identical

Digital Signature, the Digital Signatures created using a secret Private Key and then
checked using a suitable Public Key proves only to the extent that a particular document
was signed with a particular key, but not necessarily by a particular person. But in the
case of Certificate-based Authentication, it is assumed that the owner of a particular
secret key whose unique ID is saved in the certificate is the person who actually used
this key for signing that particular document. So, it is important that the owner of the key
protects the secret key assigned to him and do not pass it on to other people. It is also
important that no one obtain it illicitly.

Insurance and risk management are important components of the e -conveyancing

system33 .It is important to devise insurance coverage and compensation schemes to
cover losses arising from negligence or malfeasance of conveyancing professionals so
33
The following discussion is based on Clarke Eugene: E conveyancing in Australia : an Important journey to e-
Government Insurance and Risk Management, Journal of Law ,information and Science,2011
16 | P a g e B e n e f i t s , p r o b l e m s & s o l u t i o n s o f E - C o n v e y a n c i n g
that all the users will have and stakeholders in the system will have confidence and
certainty about e- conveyancing and how it will operate.

This will require assumption of the risk by the certifiers and others in the system and the
establishment of insurance coverage at various levels thought the system 34 .This in turn
means that the system will have to be adaptive and flexible tin benchmarking and
anticipating fraud risks such as identity theft, viral attacks and a changing information
technology system. The system will also have to adapt to a rapidly changing legal
landscape taking into account new statutory developments for example legal reform in
consumer law, electronic transaction, privacy and computer crime as well as the
continued extended applications o traditional doctrines so that they may account for
new realities for example negligence and breach of confidence. Finally the system must
create and achieve an effective governance model consisting of a broad and more
flexible framework coupled with detailed rules, standards relationships, protocols,
contracts, administrative guidance and culture to ensure that project objectives are
realized.

Bibliography

Books

i. Brennan, Gabriel ,The impact of e -conveyancing on Title registration : A Risk

Assessment .https :/books.google.co.zw.bks?isbn 3319103415
ii. Judith Bray, Unlocking land Law, https.books.google
iii. The Twenty first Century Estate Agent , https: book.google

Journals

34
ibid
17 | P a g e B e n e f i t s , p r o b l e m s & s o l u t i o n s o f E - C o n v e y a n c i n g
 i. Clarke Eugene: “E conveyancing in Australia : An Important journey to e-
Government Insurance and Risk Management Journal of Law ,information and
Science, 2011
ii. Anthea P Amadi –Enewedu et al : “ E conveyancing strategies : Lessons from
South Africa” Mediterranean Journal of Social Science ,MSCER Rome Italy, Vol
10, 10 June 2014

Websites and Articles

i. The Irish Times Monday September 7 2015 accessed at www.times

.com/business /commercial –property/e conveyancing will reduce cost of doing
business-1.1040506.
ii. Gulbenkian Andonian Solicitors article on their website entitled : The potential
Problems and Solutions of e conveyancing
,www.gulbenkian.co.uk/news/electronic-commerce-potential problems and
solutions-e conveyancing –modern Britain
iii. www.nationalconveyancing.co.au/Benefits
iv. Wikipedia

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