Cadastral Development - Introduction

Transcription

1 Cadastral Development - Introduction Erik Stubkjær Department of Development and Planning, Aalborg University, DK A Theoretical Base for Cadastral Development KTH, Stockholm, 2003 Overview Course content Issues addressed by FIG and WPLA Presentation at FIG XXII International Congress, Washington 2002 Some ideas Motivation of theory elements Course Overview MSc study programme in Land Management at Department of Real Estate and Construction Management, Royal Institute of Technology, Stockholm February 24th to 28th 2003 Monday Tuesday Wednesday Thursday Friday Scope of Course Spatial Units and Reference Frames Theory of Organisations Actor Network Theory Research; Academic norms Working Party on Land Administration (2000) Scope of WPLA Study on Key aspects of Land Registration and Cadastral Legislation (2002) Frontpage Legislation Organisation Procedures Constitution Property Rights, and classes of PR State guarantees - Data access Allocation of responsibilities Professions and other authorised in the land market Network among land information organisations Procedures for registration Survey, mapping and boundaries Documents and forms

2 WPLA Scope: Legislation Section A C E F G Content Constitution and legislation Statutory powers; the legal status of registered land Registrable rights and interests Guarantee -indemnity -rectification Publicity and freedom of information WPLA Scope: Organisation Section B K L Content Institutional responsibility, supervision and monitoring Professions and agents authorised to participate in the land market Relationship with other land information institutions WPLA Scope: Procedures; Misc. Section D H I J Content Procedures for registration Survey,mapping and boundaries Fees and financing Documents and forms Modelling Real Property Transactions Erik Stubkjær Aalborg University, Denmark FIG XXII International Congress, JS 14: Cadastral Appraisal, Land Markets.. April 24 th, 2002, Washington, DC, USA

3 A semi-formal description of subdivision - The Danish case Activity Context Actors Trigger Subdivision recorded by Cadastral authority Owner sells a parcel, e.g. for construction Cadastral surveyor, Owner, Cadastral authority, Holders of right, Land Registry, Municipality Owner requests the service of the cadastral surveyor Sub.activities Details, Variations 2., 4., 5. Structure: UseCase of UML (Unified Modelling Language) The Danish case - Sub-activity details Request accepted and filed Data collected from Cadastre, Land registry, and Municipality Strategy for the specific case choosen Boundaries and parcels established, marked and measured Real property rights taken into account Case approved with respect to spatial planning, etc. Case submitted to Cadastral authority Case approved by Cadastral authority. New unit created Parties informed of the approval Statement on allocation of easements Fee to cadastral surveyor paid Documents (cadastral map of parcel) to owner Comparing with Finland and Slovenia Finland: Subdivision part of purchasing of new unit Denmark: Subdivision preceeds purchasing process Slovenia: Somewhere between Finland and Slovenia: Formal meeting, followed by report Denmark: Cadastral surveyor assesses need of neighbour approvals Finland (surveyor represents authority): Decision in 1st level. Appeal Denmark (surveyor applies law): Decision only in a specific case type (Danish: Skelforretning) Methodology Comparing activities (behavior), not legal texts No case studies, but procedures as they are taught Prototype for one country copied in 2-5 other countries 1. UML UseCases (Sumrada, SLO, spring 2001), 2. Conception of real property rights (Viitanen, FIN, autumn 2001), 3. Ontology of topographical datasets (Uitermark, NL, autumn 2002), 4. Estimates of transaction costs (Vitikainen, FIN, spring 2002), 5. Ontology of cadastral map document (?, autumn 2002) 6...? terminology

4 Common objectives of processes (= Institutional functions) Reorganise rights in land according to wishes of owners without compromising the rights of other parties in compliance with spatial, environmental, agricultural,.. legislation maintaining clarity and efficiency of registration systematically identified plots allocation of easements to new and old parcels Hypothesis: Institutional functions are the same across countries (those asked for by Hernando de Soto?). Means, roles and sequencing varies. Cadastral surveyors in Northern Europe and notaries in Southern Europe perform similar functions. Conclusion A research project on real estate and cadastre is established with participation from 11 countries, and recognised as COST action G9 Staff from FIG related university departments co-operate with other (established, academic) disciplines Initial outcome has been presented est@i4.auc.dk End of excerpt of FIG presentation Huntington: The Clash of civilizations? (1993) Seven or eight major civilizations: Western (European, North American) Confucian Japanese Islamic (Arab, Turkic, Malay) Hindu Slavic-Orthodox Latin American possibly African

5 A common Christian base, yet two civilizations?? Western (European) Slavic-Orthodox Western (NA) German Developmnet Cooperation (GTZ) Th[e] "social construction of land" (Bromley 1996) is currently being re-examined and determined by market economy reforms..., and by the discussion on social responsibility with respect to property in the far-reaching structural changes of industrial societies. The respective land tenure systems in developing and industrial societies are based on values and norms that can only rarely be taken out of their respective context. The guiding principles are based on merely four guidelines that intentionally also accompany the new orientation of German development cooperation. They provide the foundation for evaluation of land tenure systems: Certainty of the law and reforms, Rule of law and human rights, Participation (of the population) in the political process of dealing with the land issue, and The meaning of property in a market economy system. (GTZ: Land Tenure in Development Cooperation: Chapter 2.2) Danish news 2002 French notaries are mentioned in Danish media: Cross-border purchase of real property Developments in Russia News in Danish media, February 2002 (1) 14. July 2001 a bill on ownership to land was proposed to Russian Parliament. Communist leader Gennadig Sjuganov motivated shouting: Posor, Posor, forcing minister in charge to stay out of Parliament, by singing 2.WW hymn: "Raise, mighty country, raise and fight to death,..". Minister of Economy German Gref proposed the bill, using a microphone from a corridor. The bill agreed upon regards about 2 pct of land: Used for industrial purposes only (no housing, no agriculture). In force 30. october 2001.

6 News in Danish media, February 2002 (2) Yeltsin arranged that individual ownership was included in 1993 constitution, but no bill and no resources for Land Registries, etc. No institutions for zoning, subdivision,.. Now Ministry of Justice employ persons, has opend 1700 offices countrywide. Fee 5000 rubels for registration of deed. Assessment of land value in process. Taxation from 2003 onwards. Of 89 regions, only one (Jaroslav) has completed cadastre. Effect was double tax income, people pay voluntarily. Next year an 40% increase was agreed with industry representatives. Scientific Congress held about November Norms, beliefs A theoretical base for cadastral development Objects Tasks Theory Managers, People in power, Rule sets Owners, Cadastral docs. Terrain objects Markers Imagine, Create, Reflect Cadastral development Procedures: Permits, transactions Boundary surveying Ontology Actor network theory and... Communication theory Measurem.t theory Spatial referencing Summary Course content Issues addressed by FIG and WPLA Presentation at FIG XXII International Congress, Washington 2002 Some ideas Motivation of theory elements est@land.auc.dk

7 FIG (1996): Statement on Cadastre Stubkjær, ISP, AaU Cadastral Development: Introduction, Scope of course February 2003