Progress Report on Green Paper. Dr. Paddy Prendergast. on behalf of the. IIS Commission on Land Registration

Transcription

1 Progress Report on Green Paper By Dr. Paddy Prendergast on behalf of the IIS Commission on Land Registration Paddy Prendergast - Chair Brendan Sweeny - Hempenstall Surveys Paul Corrigan - P Corrigan Associates Mike Flynn - Midland Mapping Services Áine Martin - Atlas Computers Paul Moran - Senior Surveyor ESBI 1

2 LAND REGSITRATION IN IRELAND Property Registration Authority 2006 Registry of Deeds % mainly urban Land Registry Programme to complete registration after 2010? 1891 Rural Focus & Nonconclusive boundaries 85-90% 2

3 SIMILARITIES and DIFFERENCES CADASTRAL SYSTEM Part A Description of property TEXTUAL INFORMATION GrundBuch Part B Description of Owner Part C Description of Burdens Cadastral Map Boundaries defined MAPPING INFORMATION Cadastral Figures Descriptions Coordinates Measurements IRISH SYSTEM Part A Description of property Folios Part B Description of Owner Part C Description of Burdens Index Map Approximate Boundaries 3

4 Risk Transfer for Public Stakeholders The Irish State State Guarantee Property Registration Authority Accuracy of boundaries Non-conclusive Boundaries Topographic features Ordnance Survey Ireland 4

5 LRC e-conveyancing REPORT Vision & Strategic Objectives Process - develop & implement an electronic conveyance process Information - conversion of information into digital form IT Systems - develop & implement IT architecture (Hub) to deliver services Legislation - reform of relevant primary and secondary legislation Education - enhancing stakeholder skills to use the new system Project Board established to Coordinate Developments 5

6 Law Society e-vision for e-conveyancing e-vision - radical proposals for change of existing conveyancing system in preparation for e-conveyancing Move from Caveat Emptor to seller disclosure for property transactions - responsibility now on vendor (IIS consider Disclosure Report should include a boundary survey map) Proposals that Land registry should contain titles of all land in the State and all the interests to that land Registration of all lands currently in RoD to be transferred to LR & close RoD No interest should affect title unless it is registered (no exemptions) - Title should be definitive, conclusive & all encompassing 6

7 e-vision - SECONDARY AIM e-conveyancing System = Single Information Hub Property professionals need to have confidence in reliability of information supplied by e-conveyance system Quality assurance - validation of electronic information Standardisation - of forms and data definitions Professionalization - better understanding of different roles played by property professionals 7

8 Land Registry OSi Cassini Maps 6 inch to 1 mile 25 inch to 1 mile Maps - Courtesy OSi OSi 6 & 25 maps used as basis for registering property in Ireland - were excellent cartographically and contained a wealth of information, but 2 difficulties Separate Cassini CRS for each County, so positional errors at County boundaries of 50-60m for 6 maps and 10-20m for 25 maps Great overview perspective, but lacking from perspective of individual parcel/property 8

9 Land Registry Paper Map Archive 6 inch to 1 mile 25 inch to 1 mile Maps - Courtesy PRA Some maps very old and tattered even with canvas backing and some had multiple plans per map Significant efficiencies to accrue from conversion of mapping archive to digital form - savings on daily mapping operations and transfer of PRA boundaries to new revisions of OSi maps 9

10 PRA Digital Mapping Project Properties originally registered on 1:2500 or 1:10560 scale OSi 1:1000 map overlain with existing PRA boundaries Significant discrepancies noticeable Large tolerances necessary to rectify discrepancies PRA digitising tolerances ± 1.0m - 1:1000 Urban ± 3.0m - 1:2500 Suburban The Map Boundary - Courtesy Conference, PRA Bergen, Norway - 29/30 th April 2009 ± 20.0m - 1:10560 Rural 10

11 PRA Digitising Procedure Seed points created for each property & electronically linked to textual part of the register Registration of particular County is suspended - normally for 2 to 3 months LR maps for the County are scanned on site in Ireland Scans of LR maps and upgraded OSi maps delivered to contractor in India Scans geo-rectified onto new Irish national grid - ITM (2002) Scans viewed on screen with OSi vector map on top If topographic feature on OSi map within tolerance of registered title boundary on LR scanned maps, then location of boundary as defined by OSi topographic feature is adopted - Polyline geometry (coordinates) of OSi topographic feature is copied into LR layer for title boundaries A polygon is created for parcel once all polylines for parcel are completed Parcel polygon linked to seed point, which is already linked to folio information 11

12 PRA Digital Mapping Project Map - Courtesy PRA PRA to be congratulated for a significant improvement in cartographic quality & choice of vector format & ITM CRS However, underlying mapping issues still present Digitising tolerances not large enough to resolve some issues When OSi map incorrect, PRA have adopted it incorrectly Some issues within tolerance, but unresolved?? 12

13 Discrepancies due to Maps Submitted Map - Courtesy PRA Multiple PRA Boundaries clearly not the boundaries used on the ground, but larger than digitising tolerance so not corrected 13

14 Discrepancies due to Maps Submitted Map - Courtesy PRA PRA boundary clearly not the boundary on the ground - again larger than digitising tolerance 14

15 Discrepancy due to OSi map Error Map - Courtesy PRA & Private Surveyor Copse of trees here causing errors in OSi map - aerial photos 15

16 Discrepancy due to PRA Digitising Error Map - Courtesy PRA & OSi Distance between PRA digital title boundary (black line) and OSi topographic feature (green line) is only 1 metre and was not rectified, even though the tolerance at this scale is +/- 3.0m (Source - PRA map and OSi digital map on top) 16

17 Discrepancies in PRA Boundaries New digital boundaries not same as old paper maps Cannot take PRA boundaries at face value any longer - they must be checked on the ground by a qualified & competent surveyor Stage 1 (required in all cases) - check boundaries on the ground (check measurements) & certify that map is OK - if boundary issues identified then Stage 2 Stage 2 - ground truth survey is necessary to document facts correctly & provide evidence of boundaries to clarify issues and reduce incidence of boundary disputes for the future (similar to documenting facts for court appearance) Stage 3 - prepare boundary discrepancies map 17

18 STANDARDS FOR BOUNDARY SURVEYS Standards based on best international practice GPS baseline - high accuracy (absolute & relative) used as firm foundation for boundary survey Survey records evidence & facts on the ground 18

19 Example of Boundary Survey in compliance with standards in Green Paper 19

20 Example of Boundary Discrepancies Map highlighting boundary issues 20

21 LAND REGSITRATION 2009 Register Non-Conclusive Boundaries - 100% Register Conclusive Boundaries - begin Register Non-Conclusive Boundaries - DECREASING Register Conclusive Boundaries - INCREASING All new boundaries conclusively & incentives to encourage landowners to agree boundaries with neighbours and register conclusively 21

22 Debate on Reform of Boundary Surveys Commission on Land Registration (6) CPD seminars for IIS members (~100) Circulation of Green Paper all IIS members (~500) Professional bodies involved in the property sector including the Society of Chartered Surveyors, Institution of Civil Engineering Surveyors, Engineers Ireland, Royal Institute of Architects of Ireland, Law Society of Ireland, Bar Council, Irish Auctioneers and Valuers Institute Ordnance Survey Ireland & Property Registration Authority Academics involved in teaching under-graduate and postgraduate programmes for property professionals (~100) CLGE & FIG (~25) 22

23 Debate on Reform of Boundary Surveys Inter-Professional Task Force on Property Boundaries Irish Institution of Surveyors Law Society of Ireland Bar Council Engineers Ireland Society of Chartered Surveyors Royal Institute of Architects of Ireland Irish Auctioneers & Valuers Institute Irish Planning Institute Ordnance Survey Ireland Property Registration Authority Solutions cannot be developed in isolation by surveyors, so need to involve wider participation IIS aim - develop ideas in Green paper into solutions in White Paper jointly submitted by whole group 23

24 INSPIRE Directive - Cadastral parcels BOUNDARY Geometry - polyline (coordinates) InspireID - unique boundary identification number - UBIN Estimated accuracy - length in meters Topology - description Origin / History - start date & time and end date & time (if appropriate) Surveyors need to supply Land Registries / Cadastres to this standard for the future PARCEL (single area) Geometry - polygon (coordinates) InspireID - unique parcel identification number - UPIN National Cadastral Reference - link to text information - folio number or seed point number National Calculated Area - area computed from digital information Label - extra information - plan number? Reference point - existing seed point Original map scale , 2500 or 5000 Estimated accuracy - absolute in meters - 1m urban & 2.5m rural recommended Topology - description Origin / History - start date & time and end date & time (if appropriate) 24

25 INSPIRE Directive - Cadastral Parcels INSPIRE Data Specification on Cadastral Parcels: Draft Guidelines D (version 2.0) published 19 th December section on page 33 Recommendation 5 Mean value of positional uncertainties should be 1 metre or better in urban areas and 2,5 metres or better in rural/agricultural areas. Cadastral data may be less accurate in unexploited areas. Why state minimum standards and make no mention of Best Practice? 25

26 NEXT STEPS IIS series of workshops & seminars due for 2009 Workshop for surveyors to discuss findings of testing survey standards outlined in green paper Seminar to debate survey methodologies - should surveyors continue to use old procedures or should we develop new procedures to exploit modern technology (use of GPS in Network RTK mode) Training Course for surveyors on mediation for boundary disputes CPD Course for surveyors on new developments in Land Law More. 26

27 Research Projects - Boundary Disputes Attempting to acquire funding for MPhil & PhD - need to inform the Reform process Determine incidence of boundary disputes in Ireland Identify what issues are causing these disputes Estimate the cost of these disputes to citizens and the State Determine incidence of boundary disputes in other European Countries Ascertain if there is a relationship between: Countries with low numbers of disputes & high surveying standards Countries with high numbers of disputes & low surveying standards 27

28 Thank You Takk skal du ha 28