TURKISH CADASTRAL SYSTEM

Transcription

1 Survey Review, 40, 307 pp (January 2008) TURKISH CADASTRAL SYSTEM O. Demir, B. Uzun and M. Çete Karadeniz Technical University, Department of Geodesy and Photogrammetry, Trabzon, Turkey. ABSTRACT In Turkey, cadastral works were started after the foundation of the Republic of Turkey. These studies were carried out in such manner that ownership of the land was given to the people who were using it. Firstly, in 1924, the process was started in urban areas where one fourth of the total population of the country lived. Because of various problems including economic difficulties, technical deficiencies, personal insufficiencies, these cadastral works were only carried out in cities within the first 25 years from 1925 to Then the cadastral works were speeded up and most were carried out between 1950 and In this period, the work was achieved utilizing the available technology at that time in rural and urban areas. Today, 97% of the urban cadastral areas and 67% of the rural cadastral areas have been completed in Turkey. Generally, graphic, photogrammetric, orthogonal, and tachometric measurement methods have been used in this work. While 45% of the Turkish cadastral maps have been produced using graphic method which does not have a coordinate system, the other maps have been produced using the different measurement methods. These are also in different coordinate systems and scales. Only 7% of the whole cadastral maps are in digital format. On the other hand, because of the factors mentioned above, Turkish cadastral bases do not contain sufficient information to be converted to digital system in accordance with field. Since 1990, different methods have been used to digitize these non-digital cadastral maps. However, these attempts have failed. The main goals of this study are identifying historical background of cadastre and existing situation of it in Turkey. KEYWORDS: Cadastral survey. Turkey. Digitisation. Land ownership. INTRODUCTION The Republic of Turkey was founded in In the period that followed there were many reforms including Cadastral which started on a small scale in From that time to today, cadastral works have been carried out under different regulations and with various technological tools. The first national cadastral target was specified in the First Five Year Development Plan in 1963 and it was planned that the Turkish cadastral works would be finished in twenty years. However, to date this work has not been completed. In addition, existing cadastral sheets have been produced using different coordinate systems, scales, surveying methods, position accuracy and sheet types. Almost 45% of these sheets have been produced using graphical method having no coordinate value on paper bases. Most of these sheets have field-sheet-measurement values incompatibility. The rural to urban transformation is another area where the sheets are inadequate. So, today, most of the Turkish cadastral maps do not have a practical application. In this paper, the Turkish cadastral system, the methods used in the cadastral work, position accuracies of the cadastral bases, the existing situation of the cadastral works and the problems of Turkish cadastre will be described in detail. THE TURKISH CADASTRE PROCESS Turkish cadastre is based on the cadastral works that were carried out in the Ottoman Empire period. With some exceptions, all of the lands within the Ottoman Empire were in state ownership. While these lands basic ownership and supervision right belonged to the state, the usage rights belonged to individuals. This system continued Contact: M Çete. mcete@ktu.edu.tr 2008 Survey Review Ltd. 54 DOI / X253484

2 O DEMIR, B UZUN AND M ÇETE until the late nineteenth century. With the Land Law in 1858, the transition to private ownership system began [3]. After the foundation of the Republic of Turkey, private ownership policy continued and legislated by Civil Law and Cadastre Law transferred from western countries. In the Ottoman Empire, because most land was in state ownership, written cadastre was sufficient. However, after the foundation of Republic of Turkey, due to the continuing transformation to private ownership, modern cadastral works based on line cadastre were started to provide secure land ownership. The historical background is necessary in order to understand the legal and technical process of the Turkish cadastral system from 1924 to today. The Legal Process After the foundation of the Republic of Turkey, cadastral works were started in 1924 with the law numbered 474. This law provided for the determining of real estates owners, incomes, values and geometrical situations in some counties and provinces. In these studies, instead of maps, sketches and their documents were prepared as a single copy. So, these works could not be thought as cadastral works properly. In 1925 under law No. 658 the cadastre organization was constituted under the General Directorate of Land Registry. The purpose of this organization was the determining property and boundaries of real estates and their classification in terms of position and economic situation. Cadastral work was started with respect to this law in some major cities. In 1934, the Cadastre and Land Registry Law was put into practice and then, with respect to this law, regulations were prepared in Cadastral work had been carried out with respect to this law especially in urban areas. In 1950, the Land Registry Law (No. 5602) was put into practice to speed up cadastral work in rural areas. Known as land cadastre, this law was changed in 1964 and 1966 and became the Land Registry Law (No 766). Cadastral work had been carried out in urban and rural areas under two different laws until Fig. 1. A sample of land title for written cadastre (in 1918) 55

3 TURKISH CADASTRAL SYSTEM The Cadastre Law (No. 3402) was put into practice to eliminate the problems originating from having two different laws and to gather whole cadastral regulations into one law. However, in the forest areas the cadastral works are still carried out under a different law (No. 6831) undertaken by General Directorate of Forest [8]. Technical Process From a technical perspective, Turkish cadastre has two different cadastral periods. These are; written and linear cadastre periods. Written Cadastre Period Written cadastre means that cadastral information is expressed in words instead of linear data. In the written cadastre period, technical infrastructure was not sufficient for the visualization of the position based data and also there were not enough technical staff to carry out this process. In written cadastre, real estate boundaries were identified in the land title document with the features in north, south, east and west of the property, for example there is a village road to the south, a river to the north (see Figure 1 a sample land title document). Such studies had been carried out from Ottoman Empire period to These documents are still used as property evidence in the areas where linear cadastral works have not been carried out yet. Linear Cadastre Period With the introduction of arithmetic and geometric applications, cadastre gained a technical perspective. In this context, the Turkish linear cadastral works started in the early 1990s. The linear cadastre period can be grouped into four category; graphic, classic, photogrammetric and electronic tacheometry methods. a) Graphical Method: In Turkey, this was the first type of cadastral work carried out parcel corner coordinates were surveyed with chaining surveys based on the polygons which exist on the ground but having no coordinate values (Figure 2). Thus, the parcel surveying values derived from this method generally have no control procedures and the bases produced by graphical method do not sufficient quality for today s requirements. In other words, most of these bases have ground-sheet differences. The bases produced with graphical method comprise 45% of the whole cadastral bases in Turkey. b) Classical Methods: These are generally orthogonal (Figure 3) and tacheometric (Figure 4) methods. Those carried out before 1968 were based on polygons, later they were based on localized land surveying triangulations. While, the orthogonal method was used in urban areas under law number 2613, the tachometric method was used in rural areas under law numbered 766. After 1974, based on national land surveying triangulation network these surveys became widespread. The obligation to produce cadastral bases in national coordinate system was put into practice after c) Photogrammetric Method: After 1950, this method was frequently used in order to accelerate cadastral work. The photogrammetric method was used in areas where plant cover and topography is suitable. Therefore, intensive land titling work was carried out in the interior parts of the country. As a result, generally 1/5,000 scaled cadastral maps were produced. These bases have lost their validity especially in the areas transformed from rural to urban use because of the low sensitivity of the positions. 56

4 O DEMIR, B UZUN AND M ÇETE Fig. 2. A sample cadastre map produced by graphical method Fig. 3. A sample cadastre map produced by orthogonal method d) Electronic Tacheometry Method: Because of its speed and sensitivity, this method was used in cadastre as a ground surveying method after 1985 (Figure 5). After the integration with computer technology, electronic tacheometry has become very effective tool in cadastral works especially in the rough, plant covered and urban areas where using photogrammetric techniques are inappropriate. Digital cadastral works using this technique still are being used. 57

5 TURKISH CADASTRAL SYSTEM Fig. 4. A sample cadastre map produced by tacheometric method Fig. 5. A sample digital cadastre map Institutional process In Turkish Republic, the institutional structure for cadastral system was organized in This structure was constituted as Land Registry and Cadastre directorates. 58

6 O DEMIR, B UZUN AND M ÇETE While land registry directorates have carried out constituting and sustaining of land registries, cadastre directorates have carried out cadastral works and its sustaining since On the other hand, in addition to these organizations, technical part of cadastral works could be contracted to the private individuals or legal entities in appropriate areas according to Cadastre and Land Registry Law dated The same issue has come to order densely in 1980 s and then the same article has been put into the Cadastre Law dated However, because of lack of technical personals and devices, this article had not been executed until At that time, direct income support has come into order for farmers as an agricultural policy in Turkey. However, there was no accurate graphical data for agricultural parcels in some regions. Cadastre was an urgent need for these areas. As a result of this situation, the article has put into practice. Only technical parts of cadastral works were contracted to private surveyors in some areas as pilot projects [6]. Today, these works have been increasingly carried on by private sector (Figure 6). The other important institutional development in Turkish cadastre is The Law about Licensed Surveyors and Surveying Offices which has been enacted on July, According to this law, some works (for example, changing of a real estate s kind, boundary application and land consolidation) carried out by cadastre directorates could be realized by private surveyors. Number of these works is about one million in a year. THE STRUCTURE OF THE TURKISH CADASTRAL SYSTEM Cadastre Types General Cadastral Works a) Property cadastre: This work is the renovation of land titles of real estates based on a cadastral map and land titling of non-titled real estates in order to constitute the land registry book determined by Civil Law. On completion of detailed research, the cadastral expert team determines the owners in the related area. This research is carried out in connection with the existing of the rightful owners. Maps, land title and tax documents are evaluated and also benefited from other experts and mukhtar s opinion. After the completion of the required surveying procedures, parcels are constituted. When there is an objection to this process in a specified period, this objection is evaluated. Then, property cadastre works are finalized. Thus, the procedures determined by the law are carried out in the cadastre district. b) Renovation Cadastre: In Turkey, this work is carried out by General Directorate of Land Registry and Cadastre according to Renovation of Land Registry and Cadastral Sheets law (No. 2859) which was put into practice in 1983 and the Regulation about Renovation of Land Registry and Cadastral Sheets law which was put into practice in The Renovation Law allowed the renovation of some land registry and cadastral sheets (Fig. 7). These sheets are inadequate for modern requirements and have lost their applicability and do not reflect the existing situation [1]. c) Forestry Cadastre Works According to the Forestry Law (No. 6831) and the law dated 1983 which amended the Forestry Law, forest cadastre works and the property cadastre works adjoining forest areas are to be carried out by forest cadastre commissions. With respect to the cadastral law (No. 3402), if there is a forest area in a cadastral work area, while the procedures for defining the boundary and excluding from the forest are carried out by forest cadastre commissions, surveying and mapping procedures are carried out by cadastre officials. [4]. 59

7 TURKISH CADASTRAL SYSTEM LEVELLING FEATURE TRAVERSING TRIANGULATION SEARCHING FOR LEVELLING SEARCHING FOR TRIANGULATION SEARCHING APPROPRIATE AREA FOR TRIANGULATION POINT SEARCHING S U R V E Y APPROPRIATE AREA FOR LEVELMENT AND FOUNDATION DETERMINING THE GENERAL BOUNDARY DETERMINING PARCEL BOUNDARIES SEARCHING APPROPRIATE AREA FOR POINTS FOUNDATION OF TRIANGULATION POINT SURVEYING FOUNDATION OF TRAVERSE POINTS TRIANGULATION POINT SURVEYS LEVELLING TACHEOMETRIC SURVEYS SURVEY OF TRAVERSE CALCULATION OF POINT COORDINATES CALCULATION OF TRIANGULATION POINT COORDINATES CALCULATION OF E V A L U A T I O N LEVELLING HEIGHT VALUES No CALCULATION OF CALCULATION OF CORNER? Yes CALCULATION OF COORDINATES FEATURES HEIGHT Public Sector s Private Sector s VALUES DRAWINGS CALCULATION OF THE AREAS Fig. 6. Flowchart of the Turkish Cadastral Works from Technical Perspective The content and extent of Turkish Cadastre Although the Turkish cadastral maps have different standards, their content is similar. Before the law number 3402, cadastral maps had property, building and public area boundaries. With the new cadastre law (1987), topographical data has been added. Thus, the Turkish cadastre has to include third dimension data. Although this is a legal requirement, cadastral maps have not included third dimension data. Some of the first cadastral maps only had one side of the building on the parcels. This situation led to 60

8 O DEMIR, B UZUN AND M ÇETE problems in the application of the parcels to the field because, this building data is used in the areas where the fixed surveying points have been lost [9]. Fig. 7. A sample renovation cadastre map The Turkey cadastre comprises parcels belonging to individuals and legal entities. The general boundary defined in the cadastre law as a working area is the municipal boundary. Each district in this area is defined as working area (Figure 8). However, in rural areas, each village is a working area. In principle, village boundaries are also working area boundaries. However, because village boundaries comprise cultural areas mostly consisting of owned land, non-surveyed areas could be between villages. According to the law, forests, pastures, mountain pastures and sheltered places could be surveyed by different institutions. This situation led to the creation of different standards and boundary conflicts. On the other hand, such parcel related data as usage type, yearly income and the amount of production are not adequately recorded in cadastral records. Whereas, surveyors have the opportunity to gather more land related data in cadastral works. Surveying Methods used in Turkish Cadastral Works, the scales and bases of Turkish Cadastral Sheets Since 1912 many different surveying and mapping methods have been used in Turkish cadastral works. In Konya in 1912 surveys based on steps (hatve) were carried out then orthogonal and tacheometric methods based on land surveying triangulations and polygons were introduced in Turkish cadastral works were carried out based on local land triangulation points and using the orthogonal method in residential areas and the tacheometric method in nonresidential areas until 1950 when the land titling law was put into practice. After 1950, cadastral work continued using these standards in urban areas but because of the need to accelerate cadastral works these standards could not be sustained in rural areas. 61

9 TURKISH CADASTRAL SYSTEM Fig. 8. A sample sketch for general cadastre boundary In the 1980s, Electronic Distance Meters (EDM) and Global Positioning Systems (GPS) tools have been used intensively in cadastral works. The cadastral sheets produced with these tools sufficiently accurate for modern needs. Today, the Turkish cadastral bases are produced digitally (X, Y) and in the national coordinate system. The existing situation of Turkish cadastral bases with respect to scale and method is shown in Table 1. Table 1. Turkish cadastral maps according to scales [8] Number Scale Sheet Number % 1 1/ / / / / Others Total Table 2. Turkish cadastral maps according to production methods [11] No Production Method Number % 1 Graphic Polar Orthogonal Photogrammetric Digital Total: 5 different map production methods Realization Ratio of Turkish Cadastral Works The total cadastral area of Turkey was declared to be square kilometre in the Third Five Year Development Plan in km 2 is in rural areas, the 62

10 O DEMIR, B UZUN AND M ÇETE remaining part in urban areas. Almost 85% of this cadastral target had been carried out by the year 2001 and parcels were registered in the land registry books. Cadastral works are still continuing rapidly in Turkey. The realization ratios of cadastral works from 1925 to 2000 are seen in Table 3. Table 3. Realization of the Turkish cadastral works ( ) Period Production of The Turkey Cadastre Total Area Completed of Turkey Total Target (km 2 ) (km 2 Area (km 2 B/A Producted ) ) (A) (%) Parcel Number (B) , , , , , , Total 780, ,000 36, PROBLEMS OF TURKISH CADASTRE Although there are large improvements in mapping services, generally these services have a disorganized structure in Turkey. Different institutions are carrying out independent work using different standards (Table 4). The main causes of this disorganization are the lack of an information system with a defined purpose, content and standards and lack of coordination between the institutions responsible for mapping and cadastre services. On the other hand, the other important reason is that different institutions feel the need to produce maps for their needs based on their foundation laws [10]. The main problems of mapping and cadastre services fall into three groups, as follows: Geodetic Network Problems A national geodetic network is the basis for mapping services of a country. So, constituting, sustaining and upgrading network and increasing the number of geodetic network points to allow mapping activities in different scales are very important matters [10]. The Graphical method was widely used in land titling works in Turkey till the 1960s then after that time, it was less regularly used. In this work, surveying procedures were not based on land triangulation points and polygon stones were not used in many areas. Today, it is almost impossible to find and use the points on which these studies were used. As a result, application of these bases in the field is very difficult. There are also great geodetic point problems in the constituting of new cadastral bases in national coordinate system and in transforming of existing bases to this system [8]. Base Problems Many of the existing plans and documents are inadequate, because they lack technical standards or worn-out. Updating cadastral plans and related documents is a vital issue in a cadastral system and this issue is more important for countries such as Turkey that are undergoing rapid changes in real estate. In this context, the other important problem for Turkey is that most of the changes in real estate have not been updated in plans and associated documents [12]. The position accuracies of the Turkish cadastral bases can be seen in Table 5. 63

11 TURKISH CADASTRAL SYSTEM Table 4. Government organizations and their responsible information coverage [2] Responsible institution General data layers Ministry of Environment Waters pollution, air pollution, soil pollution, noise pollution, solid waste, special environmental protection areas Ministry of Energy and Natural Power houses, electric lines, electric Reources distribution network Ministry of Agriculture and Rural Vegetal production, bestial production, Affairs agriculture input, land cover, soil maps, roads The Ministry of Defense Topography, waters, land cover, cultural heritage Ministry of Public Works, General Highway, state highway Directorate of Highway General Directorate of Village Slope, erosion, land use types, agriculture Affairs lands, land types, land use classes Ministry of Transportation, Turkish System of railroad maps national railway system General Directorate of Land Cadastral maps, register of title deeds Registry and Cadastre General Directorate of Plot of National treasure lands vacant land Ministry of Internal Affairs, Governorship Municipalities General Directorate of Catastrophe Affairs General Directorate of State Water Affairs Ministry of Tourism General Directorate of Forestry (GDF) Coastal borders, administrative borders, infrastructure Development plan, plan for regulating a city s development, current maps, access plan Natural disaster hazard maps Water wells, lakes, ponds, dam lakes, streams, water resources, watering canals and maps, watersheds Tourism regions, tourism development areas Forest boundaries, forest vegetation map, national parks, forest cadastre, forest cover type maps Table 5. The accuracy criterion used in digitizing cadastre maps Test Points- Mean Root Measurement Scale Parcel Squared Method Numbers Error (mp) m Orthogonal 1/1, Graphic 1/5, Photo plan 1/5, Photogrammetric 1/5, Digital (X,Y) 1/1, The existing situation of cadastral maps with respect to sheet bases is shown in Table 6. The total updating procedures carried out by cadastral offices after the cadastral 64

12 O DEMIR, B UZUN AND M ÇETE works are realized on these bases. As seen in the Table 6, most of the cadastral sheets are on paper bases, therefore, it is obvious that the updating procedures on these bases and constituting digital cadastral maps from these bases are very difficult and have technical problems. Table 6. Existing situation of the cadastral maps with respect to sheet bases [8] Base Type % Transparent 25 Aluminium 31 Paper 44 Total 100 Coordinate system problems While majority of Turkish cadastral maps are in local coordinate system, the others are in national coordinate system. Since the introduction of digital cadastre in Turkey, the maps have been produced and updated in national coordinate system [5]. So, there is need for transformation of old cadastral maps (approximately 93%) into the national coordinate system. Problems related to the archive system Although there are legal regulations, there is no a systematic archive for maps and related documents in Turkey, neither does the General Directorate of Land Registry and Cadastre have a systematic archive system. The figures for the country s cadastral sheet numbers, scales, dimensions, used methods and their production dates are approximate values [14]. In the existing structure, updating procedures are periodically sent to the General Directorate of Land Registry and Cadastre (GDLR) by cadastral directorates. However, this data is not updated daily in the GDLR. Thus, the GDLR archive has lost its validity. RECENT CADASTRAL PROJECTS IN THE TURKISH CADASTRAL SYSTEM The works for constituting of a Turkish Cadastral Information System was started by the GDLR in 1990s. The main targets were to start the HAKAR project underway and to automate land registry and cadastral work. The general principles having priority were determined by circulars and the current cadastral data was divided into two groups. These groups consisted of the cadastral maps and related data produced formerly and recently. The formats of the cadastral maps produced recently were defined. The transfer of the data into digital environment was the most important stage of the study. Therefore, the Land Registry and Cadastre Information System Project (TAKBİS) was developed [6]. The project targets are as follows: Producing and archiving cadastral data digitally, Producing the whole graphical data based on national geodetic network, Production of data in determined standards and storing in a government institution (GDLR), Private sector involvement in cadastral works, Production of land registry, cadastre and other spatial related data simultaneously and in multipurpose cadastre form [13]. 65

13 TURKISH CADASTRAL SYSTEM CONCLUSIONS Only 7% of the Turkish cadastral maps have been produced in digital form and within the Turkish national coordinate system. The remainders have been produced using different surveying methods, scales, coordinate systems and position accuracies. In addition, most of these bases, especially the maps produced by graphic method are not compatible with the field. Therefore, these maps are not usable in technical mean. On the other hand, digital cadastral works have been accelerated with the involvement of private sector into cadastre. References 1. Akay, Y., Yenileme Raporları. Mülkiyet Dergisi, (11). 2. Banger, T.C. Başbakanlık Ulusal Bilgi Sistemi, T.C. Başbakanlık İdareyi Geliştirme Başkanlığı Yönetim Bilişim Sistemi Merkezi, Ankara. 420 pages. 3. Barkan, Ö. L., Türkiye de Toprak Meselesi. Gözlem Yayınları, İstanbul. 4. Bıyık, C., Demir, O. and Atasoy, M., Kadastro Bilgi Sistemleri Temel Altlığı, Sayısal Kadastro Haritalarının Oluşturulması: Trabzon Örneği. 7. Harita Kurultayı. 5. Çete, M. and Yomralıoğlu, T., Cadastre: The Key Component in Urban Based Information Systems, FIG Working Week 2004 in Athens, Greece. 6. Çete, M. and Uzun, B., The Evolving Role of Private Sector in Turkish Cadastral System, FIG Working Week 2005 in Cairo, Egypt. 7. Demir, O., Trabzon Kadastro Müdürü ile Kadastro Bilgi Sistemi Üzerine Söyleşi, Harita Bülteni, (34). 8. Demir, O., Ortogonal Yontemle Sehir Kadastrosu Yapılan Yerlerde Kadastro Bilgi Sistemi Temel Altlığının Oluşturulması (Trabzon Örneği), KTÜ Fen Bilimleri Enstitüsü, Trabzon. 9. Demir, O., Atasoy, M., Aydın, C. C. and Bıyık, C., A Case Study for Determining the Turkish Cadastre Contents, 2nd FIG Regional Conference in Marrakech, Morocco. 10. DPT, Harita Tapu ve Kadastro Özel İhtisas Raporu, Devlet Planlama Teşkilatı, Ankara. 11. Köktürk, E., Türkiye Kadastrosunun Coğrafi Bilgi Sistemine Hazırlanması Koşulları, Mülkiyet Dergisi, (47), Özen, H., Kadastro Nedir? Ne Olmalıdır?, III. Harita Kurultayı, Ankara. 13. TAKBİS, Tapu ve Kadastro Bilgi Sistemi Oluşturma Projesi, TKGM, Ankara. 14. Uçar, D. and Uluğtekin, N., Kadastro Paftalarının CBS Amaçlı Sayısallaştırılması ve İyileştirilmesi, III. Harita Kurultayı, Ankara. 66