Tokenization of real estate: evaluating the promise of securitization

As it gained traction in the crypto industry, real estate tokenization is classified as a security in most jurisdictions with developed financial regulations, such as the United States, European Union, United Kingdom, Australia, and others. In this article, I focus on the limitations of tokenization-securitization and explore why the concept of tokenization should aim to digitize property rights instead of penetrating the very heart of land registries. In my previous article, I outlined the idea of the “title token” and the concept of the next-generation land registry—blockchain estate registry.  Now, let us scrutinize the promise of securitization to illustrate why, without redesigning the system, the digital economy will not progress.

Traditionally, real estate has been viewed as a valuable asset class but has presented challenges for smaller investors due to its illiquid nature and substantial upfront investment requirements. It is commonly believed that blockchain technology offers a promising solution through the tokenization of real estate. This widespread interpretation involves converting real-world assets into digital tokens tradable on a blockchain, thereby subdividing the asset into smaller, more manageable units. This approach purportedly makes investment more accessible and enhances the liquidity of real estate, as these tokens can be easily traded on secondary markets.

However, while such tokenization has garnered attention, a critical examination of its limitations is essential. The following scrutiny reveals the inadequacies of this model and underscores why a thorough redesign of the land system is imperative to ensure meaningful progress.

Essentially, such tokenization represents securitization. A typical scheme authorized by a financial regulator involves the creation of a special purpose vehicle (SPV), e.g., a corporation or a trust, where tokens represent shares or units, respectively. Rarely, when tokens represent neither of these, such security can fall under a larger category of an “investment product” or “managed investment scheme” found in regulations of many countries since the case of SEC vs Howey in the U.S. in 1946. 

Economically, such a security would generally be understood as someone’s promise in exchange for cash to perform some economic venture that might result in profits. Thus, there are two sides to this deal: someone who promises something and the one who invests money. To complete this picture, there can be a secondary market where such securities are traded between those who hold them and those who want to acquire them.

When it comes to the economy around real estate, traditionally securitized property represents a small fraction of the overall property market. For instance, as of 2023, the market capitalization of US publicly traded real estate investment trusts (REITs) was approximately $1.4 trillion, which is 1.3% of the whole US real estate value, estimated at $113 trillion. 

This disparity highlights that securitized real estate forms only a minor segment of the broader property market. The limitation arises from the legal nature of such relations. Security is an economic interest in someone’s property (a promise secured with a legal instrument). The one who holds the security is not the property owner. The security holder does not enjoy the whole bundle of legal rights; hence, its economic application is also limited.

Security token vs. Title token: A real estate security token represents the holder’s economic interest in someone else’s property. A title token is the actual record of the property right.

Starting from the first wave of tokenization—also known as the initial coin offering boom—in 2016-2017, there has been unreasonable excitement around real estate tokenization, which aligns with the hype that is overall present in the crypto industry. Tokenization is associated with the potential for high profits, which are made on market bubbles. 

Tokenization of real estate is advocated as a way to increase the liquidity of real property. It is usually explained that digital technology along with fractionalization will reduce the barriers and make this investment more attractive. It will, no doubt, but having real estate as the underlying asset projects the behavior of the underlying asset. 

Prices on real estate are not the same as company stock markets, where business expansion and innovation can make company shares skyrocket. Usually, real estate doesn’t dramatically fluctuate; moreover, it is unlikely that one…