3. THE VISION FOR A FUTURE CADASTRE SYSTEM (CADASTRE 2014)

3.1 Traditional Definitions in the Domain of Cadastral Systems

The definitions of land, cadastre, land registration, and land recording, as given by Professor Jo Henssen [1995, p.5] at the Delft seminar, were the basis for the work on Cadastre 2014. These definitions are appropriate for the existing situation. For future cadastral systems, however, Henssen's definitions must be enlarged to some extent. This will be done in Section 3.2.

Henssen's definitions are:

LAND

Land is defined as an area of the surface of the earth together with the water, soil, rocks, minerals and hydrocarbons beneath or upon it and the air above it. It embraces all things which are related to a fixed area or point of the surface of the earth, including the areas covered by water, including the sea.

CADASTRE

Cadastre is a methodically arranged public inventory of data concerning properties within a certain country or district, based on a survey of their boundaries. Such properties are systematically identified by means of some separate designation. The outlines of the property and the parcel identifier normally are shown on large-scale maps which, together with registers, may show for each separate property the nature, size, value and legal rights associated with the parcel. It gives an answer to the question where and how much.

LAND REGISTRATION

Land registration is a process of official recording of rights in land through deeds or as title on properties. It means that there is an official record (land register) of rights on land or of deeds concerning changes in the legal situation of defined units of land. It gives an answer to the questions who and how.

LAND RECORDING

Land registration and cadastre usually complement each other, they operate as interactive systems. Land registration puts in principle the accent on the relation subject-right, whereas cadastre puts the accent on the relation right-object. In other words: the land registration answers the questions as to who and how, the cadastre answers the questions as to where how much.

Because land registration and cadastre complement each other, the terms 'land recording' or 'land records' are usually used to indicate that these two components belong together as a whole.

3.2 Definitions for Cadastre 2014

The working group suggests that the following definitions of land object and Cadastre 2014 be included.

LAND OBJECT

A land object is a piece of land in which homogeneous conditions exist within its outlines.

These conditions are normally defined by law. Every society creates the rules for the co-existence of its members. These rules, normally in the form of laws, define how a society will understand the phenomena within the area in which it lives. In the same manner the rights and the duties of the members of a society are defined. These duties are, in most cases, defined by restrictions of the freedom of individuals.

Even natural objects, like rivers, lakes, forests, and mountains are defined in some way by a law.

If a law defines phenomena, rights, or restrictions which are related to a fixed area or point of the surface of the earth, it defines a land object.

A piece of land, where either a private or a public law imposes identical juridical parameters could be called a legal land object. The laws define the outlines of a right or a restriction. The legal land objects normally are described by boundaries which demarcate where a right or a restriction ends and where the next begins and the contents of that right.

Examples of legal land objects are:

private property parcels;
areas where traditional rights exist;
administrative units such as countries, states, districts, and municipalities;
zones for the protection of water, nature, noise, pollution;
land use zones;
areas where the exploitation of natural resources is allowed.

When a piece of land is under unique natural or artificial conditions and there is no definition in the legal framework, it can be called a physical land object. A physical land object may be a piece of land covered by rock, water, timber, a house, a street, or any other non-legal characteristic.

The coming into being of a land object can be defined as in Figure 3.1.

Figure 3.1

Figure 3.1

CADASTRE 2014

The following definition is based on that of Henssen [1995], which only refers to the private property law aspect. It has been adapted to take into account public and traditional law aspects as well:

Cadastre 2014 is a methodically arranged public inventory of data concerning all legal land objects in a certain country or district, based on a survey of their boundaries. Such legal land objects are systematically identified by means of some separate designation. They are defined either by private or by public law. The outlines of the property, the identifier together with descriptive data, may show for each separate land object the nature, size, value and legal rights or restrictions associated with the land object.

In addition to this descriptive information defining the land objects, Cadastre 2014 contains the official records of rights on the legal land objects.

Cadastre 2014 can give the answers to the questions of where and how much and who and how.

Cadastre 2014 can replace the traditional institutions of 'Cadastre' and 'Land Registration'. It represents a comprehensive land recording system.