GENOCIDE & LAND TENURE
(c) May, 1998 Gillian M M Maguire
LEGAL NOTICE
The following may be disturbing to some people so anyone who feels they may be upset by the subject matter should press
the "Back" button at the top left hand side of your screen. The ideas expressed on this page are speculative
only and are provided in order to stimulate discussion and research only. There are many complex
causes of genocide. The author invites any contributions either agreeing or disagreeing with this
hyposthesis and will post such replies as long as they are printable.
Is there a connection between dysfunctional land registration and genocide?
Under some circumstances, dysfunctional registration can be an indicator that a situation has arisen in which
genocide would be profitible for some elements of a society.
When a land registration system becomes dysfunctional, two major problems will occur - there will be
an illegitimate multiplication of files in the registry and subsequently a need to illegitimately consolidate
those files.
This problem with multiplied records in the registry can be understood if it is realized that when loopholes occur in the registry processing
system it is possible for some individuals and groups to produce false land titles within the registry itself. In many cases more than one land
title is produced for the one piece of land. This means that the individuals who have found ways of
creating land titles have discovered a form of alchemy. They can obtain an instant increase in their apparent wealth by obtaining
additional titles to the one piece of land. These false titles can be mortgaged so that
the offenders can obtain additional mortgages.
But how does this cause genocide to occur?
When finance providers start to realize that the same property has been mortgaged more
more than once, a situation may occur where it is beneficial for vested interests for the multiplied files in land registries start to be
consolidated illegitimately. These vested interests include mortgagees, the legal
profession, the clerical sector and any other groups involved in the transfer of land, land registration or other registration systems which are linked to land registration systems. This can lead to a generalized tendency to default and harass irregularly registered proprietors. Often these
will be the proprietors with the latest registrations or individuals with the most multiplied registrations against their names.
The consolidation of multiple land registrations can be achieved by treating those proprietors unfairly to achieve a default or by a process of converging harassment.
This converging harassment does not have to be deliberate and can result simply from the fact that these individuals have afflicted files. That is, when
filing clerks attempt to file data relating to these people there are anomolies relating to their files. This can cause the filing clerk to regard the file as a "problem" and treat the file holder unfairly, sometimes simply to
avoid embarrassment to themselves.
The registration of mortgages can cause particular problems if a land registration system starts to malfunction. The two potential problems which have the
most potential to do harm are the failure to correctly discharge mortgages from individual titles, the potential for groups of mortgages placed over titles with the same registration number but with different
editions to be discharged simultaneously and the potential for other people's mortgages to be shifted over a "scapegoat title" and for the holder of that
title to be harassed to a default which simultaneously discharges the stacked linked mortgages.
Evidence?
Evidence of these problems is of course difficult to find
as land transfer documents, and documents relating to agreements on land
are often confidential.
Only a full analysis of the mortgage register and
discharge system will settle the matter however in Tasmania there is not an actual mortgage register available for public searching. Many banks do not have
mortgage registers either. While this sounds extraordinary, in some cases the only way
a bank can answer a subpoena to show the registration of a mortgage within the bank system
is to produce a page from the mortgagor's bank account.
In the situation where past titles have been issued in a series of different editions of the same title number,
care must be exercised to instruct staff that a discharge
of a mortgage from one edition of a particular
title number does not necessarily mean that a discharge of all mortgages on
all the editions of the same title number. (Systems Analysts please e-mail me regarding this matter!).
This problem
of partial discharge of mortgages can be better understood if we consider
how a computerized title registration system is programmed.
For example if the computer system within the Lands, Titles Office was
programmed to act
as if more than one mortgage could be placed over each title, but the
mortgage discharge system was programmed on the basis that there was only
one mortgage to each title, then problems
could occur in that when a mortgage discharge was entered the computer
could only look for one mortgage to discharge leaving other mortgages
affecting the
title.
Another problem could occur if the reverse situation applied, in that
if the system was programmed to allow multiple registrations of the one title
number, only with different editions,
then the discharge of a mortgage over one edition of a title number might
potentially discharge mortgages from all other editions of the same title
number.
Compounding this problem is the legal doctrine of indefeasibility
of title. In pure legal theory, if your mortgage was to accidently
disappear from the registry then you may not have to pay the money back. It is
important to consider here that if mortgagees were to become aware that the land tenure
system was generally unstable, they may not want to advertise this fact which would
devalue their security.
It is unlikely that there would be a co-ordinated effort to confront this situation if it arose
by the time the legal system became aware of the problem, it would be
unlikely that lawyers as individuals would be motivated to act. In the first place they probably wouldn't know that a problem
with the registration system was developing and secondly anyone who said that individuals were being
harassed because of their property would probably
be declared to be delusional due to the bizarre nature of the situation and because everyone considers
land tenure to be firm and stable.
The use of the scapegoat title is another (speculative)
way of removing
the additional records from the registers thus restoring integrity and value
to the land registration system.
The scapegoat title (remember this is speculative) is the linking of many registrations over one particular
individual so that when that individual defaults, divorces
dies or is placed under some form of power of attorney, then all the other
records disappear from the system. This may be a form of cascade deletion .
This scapegoat title system
is somewhat like the using of people as human shell
companies or what we call in Australia
Bottom of the Harbour schemes and is effectively a form of identity fraud .
Isn't this just another form of
paranoia or conspiracy theory.?
Land tenure dysfunction does not necessarily arise as a result of conspiracy and
is really a form of extreme economic rationalism. Widespread dysfunction in land registration appears to be a result of historical accident
and the usual problems which arise when large organizations and institutions
try to cover up their mistakes.
The speculative "scapegoat title" and the potential for the linking of multiple registrations and then
the systematic
distressing of that one individual to
get them to default, must be one of the most disturbing images we can
possibly contemplate.
However, in fairness, it has
to be contemplated if a situation has arisen in which there is a multiplication
of records within a lands registry and there is land tenure debasement. This is because "what goes up
must come down". In this situation there has to be some sort of generalized clearing out of the lands, titles registers, and
those individuals who have to leave the register are most likely to be the most recently registered and the poorest and most
vulnerable proprietors. It is highly likely that this form of systemic abuse of low income individuals is occurring in Tasmania
at present. There are other problems which affect many affluent people in times of dysfunctional land registration and this will
be dealt with on a later page.
Give me an example of this multiplication of land records?
The multiplication of land records can be seen in the
proliferation of plans in this area of Tasmania.
Under certain circumstances it is easy to imagine that individuals who have properties in areas where there is this
build up of plans and titles may be harassed simply because they are in the way of the group or individuals who are attempting to consolidate the
titles in the area.
What sort of safeguards should be put in place to ensure that this does not happen?
The problem is that once this situation of multiplied registrations occurs it is almost impossible to fix the situation
without reconstructing the data in the Lands, Titles registries.
In a situation like this the statutory authority responsible for the
situation needs to call in expert assistance and there also needs to be some form of public inquiry into the matter.
For information on how these problems with double titling are being dealt with in another country follow the link.
In the case of computerized systems, care must be exercised to make sure that the mortgage discharge
is effectively completed.
This all sounds so unbelievable everyone knows that genocide is caused by racism!
In areas where there are clear sectarian or racial divisions this situation could well develop into genocide or ethnic clensing activity.
The link between the multiplication of land titles, the failure to remove all mortgages and genocide, is that under certain circumstances where criminals and thugs take over
the policitical system, there could be immense profit for groups who have access to information on which proprietors have multiplied mortgages and titles in their names.
A distinctive aspect of dysfunctional land registration is the extensive use of loopholes in the land transfer system to launder cash. This means that dysfunctional land
registration is firmly interwoven with criminal elements. A form of negative evolution develops where criminal elements start to control all aspects of public life. This negative
evolution is driven from below. In other words, in every small community, the land, municipal processes, even the courts and the law itself start to be dominated by clerical elements who have links
with organized or mutual crime.
Dysfunctional land registration to a large extent can be found where the accounts of local bodies show signs of cash laundering and multiple billing ie there are two accounts for
each address or multiple accounts in the names of afflicted individuals. This matter is dealt with in previous pages.
.
I still can't see the financial incentive to exterminate a whole race of people.
A companion problem which makes this situation worse is that as the land titles and mortgages build up over afflicted proprietors - insurance policies tend to also multiply.
This is because land purchases are usually mortgaged against default. If someone appears within the registry to be recorded on many land registrations then this situation
will most likely be reflected in various insurance registries.
BR>
Criminal elements also often use false mortgages in order to launder cash money. It is this combination of multiplied
records, the failure of the legal and policing sector to recognize the problem and the window of opportunity for groups to collect on mutliplied insurance
policies which can result in genocidal events.
An example of these potential problems in insurance registries is the lack of editing rules in the issuing of policy numbers within the registry. For
example the use of the comma in this policy title number is disturbing as a new folio can be issued with the same numbers and a move of the comma and this change is unlikely to
be recognized by the computer system.
What happens in registries in which records are multiplying is that eventually the staff within that registry
will start to look for ways to purge the multiplied records. This is mainly because the clerical workers who have caused the
problem may face losing their jobs if the false records are discovered. Vested property interests will also find that their land isn't worth anything due to the devaluing of their property by the
multiplication of records for the one property.
Therefore there is an increasing tendency for workers to seek to consolidate the multiplied records. In the case of Germany prior to World War 2, the dispossession of the Jewish people
would have provided an incentive to get rid of the multiplied files and consolidate the titles. The Jewish people were also more documented than other groups in German society. A really
good indication of an insurance or land tenure factor in the Holocaust would be laws which set out how Jewish names were to be spelled. If we imagine that we are looking
into the filing cabinets in the lands titles registries and the insurance registries, we would probably find multiplied files concerning the same address but with the names misspelled.
This occurs because of adverse possession and also because of clerical fraud and money laundering through many records relating to the same property.
For example there would be a number of files relating to the property at 23 Foch St, with the names on the files spelled different ways, this is in order to cause staff to access different
records. The owner of a house 23 Foch St (this is a hypothetical house and street) would accumulate various files in the names Bloch, Blohc, Blosh, Blech. In times of dysfunctional land registration these will be termed "patent errors", errors which can be altered within the registry, in spite of the fact
that they are material errors and these mistakes will be allowed to be corrected within the registy.
The errors have arisen as there has been widespread fraud and mistake in the registry resulting in multiplied files.
So how can this cause problems?
If the Nazis effected laws which said that all Jewish names were to be spelled the same way could have allowed clerical workers to consolidate any number of files where the spelling of the names was "near enough". In other words, insurance and land registers could
have been "cleared" by systematically consolidating insurance and land files, including mortgages, behind Jewish names. Once Jewish people were identified strictly as a seperate group this consolidation could occur.
It appears that in times of dysfunctional land registration, it is very important for minority groups to not be defined as such and registered in great detail.
The dysfunctional registration theory also encompasses the attacks on the Romani people during the Holocaust which may have arisen due to the extensive registration of these people prior to the
period. The rule could be developed that in times of dysfunctional registration, the more files held on a particular individual or group the more potential for harassment and genocide due to greater profit motive in consolidating insurance and mortgage files as well as greater
ease in locating, harassment and rounding up the people in groups.
Other genocides such as Cambodia have shown that well developed communciations systems are an essential part of the genocide.
To some extent this could be related to the participation of telecommunications staff in the hidden land tenure system at a local level.(see previous pages)
So are you trying to tell me that genocide is about to break out in Tasmania?
No, genocide is not likely to break out in Tasmania due to the fact that we are strong democracy. However there has been an episode of genocide in Tasmania and the relationship
between land tenure dysfunction and the systematic elimination of the aboriginal people needs to be examined, particularly the question as to whether aboriginals were registered in Tasmania prior to the
genocide in the 1800s.
However human rights abuses which are close to crimes against humanity are occurring in this state. This abuse is not being recognized as the Human Rights legislation, while meant to protect individuals from
suffering discrimination on the basis of property, are not invoked as lawyers at a local level are not going to represent people who suffer from dysfunctional land registration while the prevailing myth of
a single effective land registration system persists. This systemic harassment of low income individuals in Tasmania needs to be examined in order to understand the preliminary stages of
genocidal events. This examination may need to include lawyers and real estate agents trust funds.
These human rights
abuses are invisible as no-one realizes that many low income people are being harassed in order to get them to default on a home loan for example. People who are subjected to this
abuse are most people without an effective voice or who are seen by the general public as scapegoats, for example the unemployed, old people and single mothers. In order to test
this hypothesis that low income people are being subjected to converging harassment
in Tasmania it will be
necessary to survey individuals in specific areas with distinctive land tenure and types of registration to establish whether unfair practices are being used by service providers and mortgagees.
This research is unlikely to take place while there is a widespread belief that a single land tenure system operates in Australia today.
The nature of scapegoating is that the mass of humanity tends to regard the suffering of the weaker and less affluent as being "their own fault". However few individuals on a limited income
can withstand the onslaught of a few key clerical workers who are determined to remove the individual, as represented by a troublesome file, from a system which has wrongly mortgaged a false
land title. Anyone who purchases a false land title will end up facing intense activity to remove them from the system. This is because the property industry and many wealthy property interests as a whole fears the disclosure
that false land titles are possible. It is this tendency to cover up episodes of filing fraud and land title fraud which causes so much damage to the social fabric.
Is there any bright side to this whole problem?
The positive aspect is that by studying the role of filing fraud and land tenure dysfunction in genocide is that it could become possible to predict when genocide would be likely to occur.
The signs that land tenure is become dysfunctional are reasonably easy to see. One clear example is that there will be an increase in court cases concerning easements and caveats.
There will also be an increase in the number of court orders transferring property in which the court order specifies one title number but the title number transferred will be different.
This is due to the increasing use of court orders to vest property on false titles which would not normally be accepted in the registry. There will also be an increase in the correction
of patent errors in the registry and this correction will increasingly be directed at the identity of property through alteration of folio numbers and the correction of the spelling of people's names.
Another factor is an increase in the "black" money into the local economy mainly through prohibited activities such as hemp growing etc.
It is these factors which need to be examined both before and after a major incident of genocide to see if there is relationship between land transfer and incidents of extreme harassment and
genocide.
The potential for some sections of society to benefit financially from the consolidation of their land titles to the detriment of others who are incorrectly registered can lead whole societies into regarding some people as being less deserving of basic human rights than others, the law also deserts those
who have been registered irregularly.