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FIG PUBLICATION NO. 13B
Report
of the united nations inter-regional meeting of cadastral experts
Held al Lido Lakes Hotel, Bogor, Indonesia 18-22 March, 1996
This publication in .pdf-format
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The organisers of the conference wish
to acknowledge the support of the Land Administration Centre of New
South Wales, Australia, in the publication of this document. |
Contents
Background and Objective of the Meeting
Session 1: Welcoming Addresses
Session 2: Introductory Presentations 7
Sessions 3 and 4: Socio-Economic Justification
for Land Reforms and Cadastral Developments: An International Perspective
Session 5: Land Markets and Cadastral Processes
Session 6: Country Reports
Session 7: Country Reports (Continued)
Session 8: Country Reports (Continued)
Sessions 9 and 10: Working Group Discussions
on Improving the Efficiency and
Effectiveness of Cadastres and Land Markets
Session 11: Land Tenure Systems—Formal, Informal and
Customary Issues, Urban and Rural
Session 12: Role of the Private Sector in Cadastral
Activities
Sessions 13 and 14: Land Policy, Legal and
Institutional Issues
Sessions 15 and 16: Technical Cadastral
Issues
Conclusion
Appendix 1: Program and Agenda
Appendix 2: List of Delegates
Appendix 3: Opening Speech by Ir. Soni Harsono, State Minister of
Agrarian Affairs
Appendix 4: UN Meeting of Cadastral Experts
Terms of Reference
Appendix 5: Summary of the FIG Statement on the
Cadastre
Orders of the printed copies
Report of the united nations
inter-regional meeting of cadastral experts
Held al Lido Lakes Hotel, Bogor, Indonesia 18-22 March, 1996
BACKGROUND AND OBJECTIVE OF THE MEETING
The UN Cartographic Conference for Asia and the Pacific held in Beijing in
1994 resolved as follows:
- The United Nations with the expert assistance of the International
Federation of Surveyors (FIG) and other relevant organisations support the
preparation of a regional and global compilation of optional components of a
cadastre, including legal aspects, land policy, institutional arrangements,
technology and economics.
- The preparation of case studies of cadastral systems and cadastral
reforms, such that countries of the region engaged in establishing or
reforming a cadastre may be aware of various options and learn from the
success and failures of others.
Due to the international importance of the subject, the meeting was included
in the Habitat II calendar of events entitled “the Learning Years”. This
activity was also part of the efforts to develop an active response to the
problems of land management and environmental protection as stipulated in the
Global Plan of Action for Habitat II, and to the recommendations contained in
Agenda 21.
As a result, an Inter-Regional Meeting of Experts on Cadastre was held in
Bogor, Indonesia from the 18 22 March, 1996. The United Nations worked closely
with the Indonesian agency Bakosurtanal and the International Federation of
Surveyors (FIG) in organising the meeting, and received an important
contribution from the Australian Agency for International Development.
The primary objective of the meeting was:
To develop a document setting out the desirable requirements and options for
cadastral systems of developing countries in the Asia and Pacific region and to
some extent globally.
The meeting recognised that all countries have individual needs and
requirements, but that countries at similar stages of development have some
similarities in their requirements. As such the meeting primarily examined the
requirements of three groups of countries, namely newly industrialised countries
such as Indonesia, countries at an early stage of transition such as Vietnam and
the South Pacific countries.
The meeting adopted the definition and description of a cadastre as set out
in the FIG Statement on the Cadastre. Reference was also made to the two
previous UN meetings of cadastral experts (1972 and 1985) and the Land
Administration Guidelines prepared by the United Nations Economic Commission for
Europe in 1996.
The meeting recognised that the key to a successful cadastral system is one
where the three main cadastral processes of adjudication of land rights, land
transfer and mutation (subdivision and consolidation), are undertaken
efficiently, securely and at reasonable cost and speed, in support of an
efficient and effective land market. As such the meeting concentrated on these
three cadastral processes to help identify desirable or appropriate options for
cadastral systems. In considering the range of options, differences were
highlighted for the three major groups of countries identified.
The meeting also recognised that increasingly a successful cadastral system
is based on a strong and cooperative working relationship between the government
and private sectors. This involves the roles of professionals in private
practice, and the roles of professional societies and associations. All
discussions attempted to highlight this relationship.
While the meeting focussed on the needs of the Asian and Pacific region, the
meeting also considered the requirements of three other groups of countries to a
lesser extent—namely the western developed countries, Eastern and Central
European countries moving to market economies, and the African states.
SESSION 1: WELCOMING ADDRESSES
As the Chief of the Indonesian Organising Committee, first of all let me
welcome you to this meeting. I highly appreciate your prompt response to the UN
invitation to attend this meeting, and the time you have made available from
your busy working hours as well as your effort to fly thousand of miles from
your home country to participate in this Inter-Regional Meeting of Experts on
Cadastre.
By this morning, delegates from fifteen of the seventeen countries scheduled
to participate in this meeting have already arrived, namely from Australia,
Cambodia, the People's Republic of China, Bulgaria, Malaysia, New Zealand,
Republic of Korea, South Africa, Sweden, United Kingdom, Vietnam, The
Philippines, and Indonesia. The delegate from Canada sent her regrets that she
could not attend the meeting.
Before I continue with my report, I draw your attention to the sad news we
received last week that Mr. Pomaleu Salaiau, Surveyor-General of Papua New
Guinea, could not be with us today. He passed away on Friday, 8th March, 1996.
At this opportunity, allow me to recall the last facsimile I received from him,
dated February 13, 1996, I quote: “This is to confirm that the Surveyor-General
will be available for the Experts on Cadastre Meeting on 18 - 22 March, 1996.
Cheers! P. Salaiau, Surveyor General.” Ladies and gentlemen, Mr. Pomaleu Salaiau
was well known to us, he was a very capable hard working man and a friend of
everyone. We will miss him very much. With your agreement, I ask you all to join
me in standing up and giving a moment of silence in remembrance of him and all
the work he has accomplished. Thank you.
This Inter-Regional Meeting on Cadastre organised jointly between United
Nations, Bakosurtanal and FIG was at first scheduled to proceed in December
1995, but then postponed to March 18-22, 1996. Thanks to the facsimile
technology, since January 1996 a speedy communication could be established with
the United Nations Department for Development Support and Management Services. I
have been in extensive contact with Mr. Valeri Moskalenko, Professor Ian
Williamson in Melbourne, Australia, Professor Peter Dale in United Kingdom, and
all cadastral experts who are participating in this meeting.
In parallel, we also have had several meetings with our National Land
Department which gave us full support to conduct this meeting, through the
setting up of an Indonesian delegation to fully participate in this meeting.
As you are aware, the funding of Experts and Observers to attend this meeting
was provided through the United Nations Regular Program of Technical Cooperation
for one expert per country, which covers travel, Daily Subsistence Allowance (DSA)
and insurance. The Government of Indonesia/BAKOSURTANAL has contributed in the
form of a subsidy to the DSA to meet the hotel accommodation and meals rate. As
for the entitlements of experts/observers financed by their employer government,
this is determined by the individual sponsors.
This Inter-Regional Meeting of Experts on Cadastre is scheduled to proceed
from today, Monday March 18, 1996 to Friday March 22nd 1996.
The first day, Monday March 18 will consist of four sessions from 0900 -
1700. The first session is set up for welcoming addresses, while in the second
session Professor Williamson will dwell on the detailed program and expected
outcomes, and Professor Peter Dale will review the previous UN meetings, the
Economic Commission for Europe Land Administration guidelines, and the FIG
statement on the cadastre. In sessions 3 and 4, experiences of each country will
be presented in relation to the plenary discussion on the socio-economic
justifications for cadastral reform. The second day, March 19, will be preceded
by the official opening by the State Minister of Agrarian Affairs and followed
by country presentations and discussion in four sessions.
On Wednesday March 20, one session is dedicated to parallel discussions in
three working groups and three plenary sessions. On Thursday 21 March, the first
session is given for working groups to discuss the administrative issues
followed by one plenary presentation by working group. The remaining sessions of
the day will be dedicated to working group discussion on technical cadastre
issues followed by a plenary presentation. In the evening, the drafting
committee will meet to prepare the final draft report and the final draft of the
Bogor Declaration. A dinner will be hosted by the Minister of Agrarian Affairs
followed by the official closing ceremony. On the last day, Friday 22 March,
three sessions are scheduled for the presentation and discussion of the draft
report and Bogor Declaration.
The Organising Committee fully understands that this Meeting is tightly
scheduled and will require a lot of energy and concentration from all of you. If
we can be of any assistance to make your stay a pleasant one, please do not
hesitate to let us know. Our staff will gladly assist you in your banking and
ticket arrangement as well as to render any other assistance you may require.
We truly hope that your stay will be a pleasant one and wish you a successful
meeting. I thank you for your kind attention.
Welcome Address by Dr. P. Suharto, Chairman of the National Coordination
Agency for Surveys and Mapping (Bakosurtanal)
First of all I am pleased to welcome you to this Inter-Regional meeting of
Experts on the Cadastre, held in the beautiful surroundings of Arya Duta Lido
Lakes Resort Hotel, at the foot of three mountains, Mt. Salak, Mt. Gede and Mt.
Pangrango. Thanks to all of you for responding to the invitation to participate
in this important meeting.
As Chairman of the National Coordination Agency for Surveys and Mapping, also
known as Bakosurtanal which is the Indonesian representative to the United
Nations Regional Cartographic Conference (UNRCC) for Asia and the Pacific, I
welcome the request from the UN Economic and Social Council (ECOSOC) to host
this Inter-Regional Meeting of Experts on the Cadastre. As we all know, this
activity arose from a recommendation from the 13th UN Regional Cartographic
Conference for Asia and the Pacific in Beijing, People's Republic of China, in
1994, which is approved by the UN ECOSOC.
Indonesia is also a member of the International Federation of Surveyors
(FIG). In FIG, the Ikatan Surveyor Indonesia (the Indonesia Surveyors
Association) is representing Indonesia. In this meeting the President of the
Indonesia Surveyors Association serves as the Chief of the Organising Committee
as well as the member of the Indonesian delegation to this meeting.
Since the essence of this meeting is on cadastre, Bakosurtanal has received
the full support from the Ministry of Agrarian Affairs and the National Land
Agency. The State Minister of Agrarian Affairs who is also the Head of the
National Land Agency has conveyed to me his willingness to formally open this
meeting. He apologises that he could not open this meeting today because he is
scheduled to attend a meeting with the People’s Representative Council, but he
will formally open the meeting tomorrow. This shows that the issues on cadastre
are considered a very important matter for Indonesia in entering the 21st
century.
In 1994, Indonesia started the Cadastre Reformation Program through the
National Land Agency: Land Administration Project (LAP), which encompasses the
components of the acceleration of Land Registration and Certification;
institutional arrangements; and policies to support long-term land management.
This program is felt necessary to respond to the pressing needs of extensive
population migration from rural to urban areas as well as the allocation of land
in accordance with environmentally sustainable development. The acceleration of
Land Registration and Certification is carried out systematically as well as
sporadically which is to be supported by the availability of geodetic control
networks and large scale maps. To expedite the completion of this national
program, our policy is to foster a close coordination between the sectoral
agencies involved, as well as to provide a greater role to private practice and
professional societies and associations as well as universities. The problem of
cadastre in Indonesia is a complex one.
During this meeting we intend to share our experiences in managing this
matter as well as learning from the experiences of other countries. I understand
that at the end of this meeting the ‘Bogor Declaration’ will be issued
consisting of summaries of major issues raised in this meeting as well as
identification of some key solutions. I personally hope that the Bogor
Declaration could serve as a pillar of our intention to play an active role in
contributing to the global need for responsible sustainable development on our
planet Earth.
Allow me in this opportunity to thank the UN ECOSOC and the FIG for
sponsoring this meeting, for the preparation of necessary materials, as well as
bringing all the distinguished experts from all parts of the world to this
venue. Furthermore, I would also like to extend my personal appreciation to the
support extended by His Excellency State Minister of Agrarian Affairs, Head of
the Lands Department, Mr. Soni Harsono and all his staff to make this meeting a
successful one. I would extend my thanks to the Department of Foreign Affairs
and the Indonesian Permanent Mission to the United Nations for their invaluable
assistance to make this meeting possible.
Last but not least, I thank the organising committee which on short notice
was able to set up all the arrangements for today’s meeting. My personal thanks
is also extended to the PCO and management of the Arya Duta Lido Lakes Resort
Hotel for rendering the professional management of this conference. I wish you
all a successful and fruitful meeting, and please come back again to Indonesia.
Thank you.
Opening Statement from Ms Beatrice Labonne, Director of the Division for
Environment Management and Social Development, Department for Development
Support and Management Services, United Nations, as delivered by Mr Valeri
Moskalenko
Ladies and gentlemen, distinguished experts and observers. I have the
privilege of welcoming you to the Inter-Regional Meeting of Experts on Cadastre,
on behalf of Ms. Beatrice Labonne, Director of the Division for Environment
Management and Social Development.
First of all I would like to thank the administration of the National
Coordination Agency for Surveying and Mapping of Indonesia, Bakosurtanal, which
kindly hosts this meeting, the International Federation of Surveyors, which
initiated this meeting and provides technical coordination, and the Australian
Agency for International Development, which contributed to the financing of the
meeting. The United Nations is pleased to organise this meeting with assistance
from NGOs like FIG, which according to Agenda 21 should be considered important
partners in the process of sustainable development.
Land is the most valuable asset of humanity. Nearly 150 million Km2 of the
Earth’s surface is dry land which provides all necessary elements for human
life. In addition it is estimated that by the year 2000 the world’s population
will exceed 6 billion, of which more than 50 percent will live in urban areas.
All 26 urban agglomerations projected to contain more than 10 million
inhabitants by the year 2010, are situated in developing countries. Indonesia
itself with nearly 2,050,000 Km2 of territory is a home for more than 180
million people, or nearly 88 per Km2 on average.
The growing demand for food, water, shelter, energy, recreational space and
other commodities creates a tremendous pressure on the environment and land;
conversely the degradation of land resource negatively impacts on the well being
of people. To address these issues the Member States of the United Nations
organised the Earth Summit in Rio de Janeiro in 1992 on Environment and
Development, and the concept of economic growth and sustainable development has
become the guiding principle of the work of the United Nations. The City Summit
(HABITAT II) in June 1996 in Istanbul is the next international conference of
this kind. The purpose of the City Summit is to address two themes of global
importance: ‘Adequate Shelter for All’ and ‘Sustainable Human Settlements
Development in an Urbanising World’. The present meeting is part of efforts to
develop an active response to the problems of land management and environmental
protection as stipulated in Agenda 21 and the Plan of Action for HABITAT II, and
is included in the pre-HABITAT series of events referred to as the ‘Learning
Years’.
Effective land policy requires knowledge of what resources and productive
land exist, how it responds to development pressures, the value that land
resources represent to different sectors of society. The lack of knowledge of
these elements makes land management difficult if not impossible. Cadastre, or
the system of land registration, is one of the essential tools to assemble and
process data on land from different sources and to display them in a clear, map
and/or computer based graphical format.
The United Nations efforts to prepare this meeting indicate again the
importance which they attach to the land management problems. The Department for
Development Support and Management Services has a long history of assisting
governments in the development and use of cadastral systems. The mandate of the
department in cartography goes back to 1950s. The Department assists governments
in assessing the requirement of establishing or of strengthening land survey,
topographic, cartographic and map production establishments, cadastral and
Geographical Information Systems, and of Hydrographic Services. Subsequently it
assists governments in the formulation of relevant technical cooperation project
documents, and in applying results of operational research and latest
development of technology. The most recent example is a project in Bulgaria to
establish a GIS on polluted agricultural lands, including the collection,
processing and management of land information for the purpose of land resources
management and development, and environmental assessment.
A number of seminars and training courses were conducted in previous years
for developing countries, meetings of ad hoc group of experts on cadastre
surveying and land management systems were conducted and the results were
published in the proceedings of the United Nations Regional Cartographic
Conference and the World Cartographic Bulletin.
The most recent example of such a seminar is the International Seminar on
Geographic Information Systems (GIS), ‘City Sustainability and Environment’
which was held in Cairo in December 1995. The seminar was regarded as an
overwhelming success by the participants and an important landmark along the
road to Istanbul. The results of the Seminar were reported to the 3rd
Preparatory Committee for HABITAT II in February 1996.
Though with extremely limited resources and under pressure of the present
financial situation in which the United Nations now finds itself, DDSMS is still
able to respond to the most demanding questions of sustainable development.
The experts gathered in this hall have a great challenge before them which
will require tremendous efforts and extremely hard work to achieve in a short
time, the goal put before them. I hope that the results of the meeting will
contribute to the implementation of Agenda 21 and Habitat II Global Plan of
Action as well as to corresponding plans of the Member States. I look forward to
closely interacting with the Government of Indonesia to ensure that the results
achieved at this meeting are taken into consideration by the Member States in
Istanbul. I wish you every success in your deliberations and I hope that
collaboration with countries on this important topic will be fruitful and serve
sustainable development.
Distinguished Guests, Ladies and Gentlemen. I bring you the greetings of the
FIG, the body that represents the international community of surveyors. It is a
matter to me of great pleasure and pride that we have been able to support this
important meeting. FIG is an international Non-Governmental Organisation
accredited by the Economic and Social Council of the United Nations (ECOSOC)
representing professional bodies of surveyors in nearly 70 countries. It was
founded in 1878 but for many years its activities took place more often than not
within Europe. It is only in relatively recent years that it has become truly
international—during my Presidency for instance we shall have our four major
annual meetings in Argentina, Singapore, England and South Africa.
The primary objective of the FIG is to ensure that surveying services meet
international needs. We seek to achieve this in part by collaborating with
international agencies in formulating and implementing policies for the use,
development and management of land and marine resources. The meeting this week
here in Bogor is an excellent example of what we seek to do, helping to
facilitate discussions that will I am sure lead to the identification of
possible solutions to problems. And whereas each country is unique with its own
social, political, economic, legal and physical environment there is much that
we can all learn from each other. One of the objectives of FIG is to create
fellowship and understanding so that through that we can learn from each other
alternative ways of tackling complex issues.
FIG also has a mission to support its member associations not only by
providing facilities for continuing professional development through the holding
of workshops, seminars and congresses and the dissemination of reports but also
through empowerment. By empowerment I mean the process of encouraging people to
recognise that they have skills and talents that are needed by society and
helping them to develop self-confidence. If we take Agenda 21 for example there
is much in that program that can of course only be undertaken by governments.
But there is much that even the humble surveyor can do to help, be he or she in
the public or the private sector. Agenda 21 is an opportunity for surveyors to
use their skills for the benefit of humankind.
The same applies in the cadastral field. Almost all systems around the world
are ripe for modernisation. Some are already trying to achieve this, some
already have but most are still struggling. New ideas and new approaches are
needed.
Cadastral systems and land registration are processes that underpin all
successful modern land resource management programs. This is obviously
recognised here in Indonesia from all that I know—indeed it is obviously
recognised by all delegates attending this meeting for otherwise they would not
have come. It is certainly something that is recognised by the FIG. At the risk
of embarrassing him, I would single out Ian Williamson as someone who has
contributed much not only to this meeting but to the development of cadastral
systems around the world. As Chairperson of our Commission 7 responsible for
cadastre and land management he has done more than anyone to promote cadastral
issues around the world and I would like to thank him on behalf of FIG for all
his support.
Now is not yet the time to thank our hosts here in Indonesia, other than to
say thank you for getting us off to such a good start. Nor is it yet time to
thank the UN—that will come at the end of our deliberations. All I would like to
say at this stage is that 'so far, so good'. We have all the makings of a great
meeting. From the FIG side I certainly am looking forward to the next few days.
I am also looking forward to identifying further areas where in the future we
possibly can help to make a contribution. I wish this meeting every success.
SESSION 2: INTRODUCTORY PRESENTATIONS
Overview of the Conference by Professor Ian Williamson
At the beginning of this session, Professor Williamson outlined the
background to the conference and explained its objective. He then discussed the
importance of including subsequent sessions on topics such as socio-economic and
cadastral needs of different countries; justification of cadastral systems in
developing countries; land markets, limitations to efficiency and effectiveness,
and cadastral processes; traditional or customary land tenures; cadastral
systems and informal land tenure; the role of the private sector; cadastral
options; and the Bogor Declaration.
Land tenure has been described as the relationship between Man and Land and
although the gender implication of such a statement is open to question, what is
incontrovertible is that the formal and informal relationships between people
and the land that they use is of vital significance to every society.
Ironically, it is of such importance that many people take it for granted—like
the air that we breathe. It is only when systems begin to break down, just as
when the air gets too polluted, that people are forced to take action.
An awareness of modern problems in land registration dates back to just
before the outbreak of the Second World War when work began on a comparative
study into Land Registration by Sir Ernest Dowson and Mr. V.L.O. Shepperd. The
work was eventually published in 1952 and was the first modern comprehensive
documentation of cadastral issues. A year later, in 1953, the United Nations
Food and Agriculture Organisation (UN FAO) published a monograph on the
registration of rights in land. Written by the late Sir Bernard Binns, it has
recently been updated and reissued, reflecting a re-awakened interest in land
administration.
The concerns in the early 1950s came about in part because of the need to
ensure good agricultural production. When the UN FAO was formed just after the
Second World War, people in Europe were starving while Africa was a net exporter
of food. Today, the European Union is paying farmers not to grow food in what is
called the set-aside program. At the same time, in parts of Africa people are
now starving. In eastern Europe, agriculture did not keep pace with that in the
west and with the transition of centrally planned to market economies there has
been a revival of interest in land tenure. This transition has been accompanied
by major reviews of cadastral and land registration systems. Each country is
adopting a slightly different approach, reflecting its own history and culture.
In all but computerization, rather than looking forward, many countries have
been looking backward to their pre-nationalization systems.
A previous surge of interest in land registration took place in the late
1950s and early 1960s when countries formerly under British and French colonial
rule, gained independence. Diverse systems were established but unlike the
present developments in central and eastern Europe, retained features that were
determined by their colonial history. Countries in West Africa, formerly under
British colonial rule, for example, have many features in common with each other
but differ significantly from those countries that were administered by the
French, all of which have systems similar to that in France.
During the 1960s the British realised that it was time to take a fresh look
at cadastral surveying and land registration and in 1967 commissioned a study by
Mr. S. R. Simpson into land registration. This was intended to replace the work
of the late Dowson and Shepperd but its focus was very much on the legal aspects
of land registration. As a result a further study was commissioned in 1971
focusing on cadastral surveying within the Commonwealth, both works finally
being published in 1976.
The need for cadastral reform was not however confined to territories
formerly under colonial administration. In 1972 the United Nations called
together an ad-hoc group of experts in response to a resolution of the Sixth
United Nations Conference for Asia and the Far East that requested the UN to:
“... study in depth the problems of cadastral survey and to consider the
setting up of a permanent committee to keep developments in this field under
constant review.”
The Committee consisted of six members, one from Sweden, one from the United
Kingdom, two from the Netherlands, one from Germany and one from USA. There were
no representatives from Asia, although the resolution had come from that region.
The outcome was a succinct, simple and straightforward document that
distinguished between registration of deeds and registration of title, discussed
the legal, the fiscal and the multi-purpose cadastre and produced some
guidelines on how cadastral surveys could be made cost effective. The techniques
suggested included the use of photogrammetry in the initial establishment of a
cadastre. The recommendations remain as valid today as when they were written.
They have however largely been ignored. Simple photogrammetric techniques, for
example, are still rarely used although there is one major exception in the
Thailand Land Titling Project where the use of rectified photography has proved
to be cost effective.
At the Tenth United Nations Regional Cartographic Conference for Asia and the
Pacific a resolution was passed asking for a review and update on the 1972
Report. Eight experts—seven from Europe and one from Canada—met in 1983 in
Berlin and prepared a report on “Cadastral Surveying and Land Information
Systems”. This was published in 1985 in time for the Third UN Regional
Cartographic Conference for the Americas. The report endorsed the findings of
the “1972 Report”, stressing the need for speed, economy and efficiency—indeed
it incorporate the earlier document as an appendix for the benefit of those who
might not have seen it. The 1985 Report also laid emphasis on computer
technology, something that was not significant at the time of the 1972 study. It
stressed the need for management skills when operating a land information system
and addressed issues such as data protection and the need to introduce
safeguards against the physical destruction of data and the invasion of privacy.
The report drew heavily on the experiences of those operating the Swedish land
data system which was at the leading edge of computerised land information
systems at that time. The 1985 report includes the statement that:
“... bearing in mind the fact that while the population on the earth's
surface is increasing at an alarming rate, the size of the earth remains
constant and resources are becoming scarce, information on the land becomes
all the more important in the quest of social and economic development. The
collection, storage and orderly dissemination of land information are
important factors in the success of such development.”
The report marked a significant shift away from the idea that cadastral
systems are concerned with land ownership and possibly land taxation to promote
the concept that they are part of the basic infrastructure of society and are
concerned with land information and land management. Both the 1972 and the 1985
reports mirrored the thinking of the time but they did not alter the practice of
cadastre and land registration. In many countries the traditional approaches
were and remain too deeply entrenched for there to be great change without
political revolution. Nevertheless there are evolutionary processes that are
going on in most countries today, forced by new technologies and the greater
complexity of the societies within which we live.
This is reflected in the convening of this meeting here in Bogor where common
issues will be examined. It is also reflected in recent work by the United
Nations Economic Commission for Europe where as part of its contribution to the
forthcoming HABITAT II Conference, guidelines have been prepared for land
administration. These have been made with special reference to countries in
transition from centrally planned to market economies. The guidelines recognise
the importance of land markets and the need to manage information about land in
such a way as to secure optimum land resource management. The term 'land
administration' was chosen to cover land registration, cadastral systems and all
processes of managing the ownership, value and use of land.
The link between the ownership rights, land use rights and the market value
of land was recognised as important but the formal creation of such links is
institutionally difficult to achieve. In many countries there are records of
ownership held within the Ministry of Justice, records of value within the
Ministry of Finance and records of use either within the Department for the
Environment or else within the municipal administration and local authorities.
Yet the use of land determines its value, as does the security of its tenure.
Use rights and ownership rights determine what the citizens can do with their
land and property.
In many countries, when purchasing land, separate enquiries have to be made
to determine ownership and use rights. In England, for example, checking local
restrictions on the use of land can take anything from between ten days and a
month thus delaying the transfer of a property. In most countries there are
planning restrictions that affect what can be done with the land and hence its
value. In some countries, buildings are divorced from the land on which they
stand and are subject to separate administrative processes.
Against this complex background there is a move to link data sets in a
'one-stop-shop' approach so that a citizen need only make enquiry at one place
to find all the interests in any given piece of land or property. The almost
impossible task of getting different Ministries to surrender their
responsibilities and therefore their power over land matters can, from the
perspective of the land owner, be avoided by using wide area computer networks
linking each organisation. These linkages require the use of compatible
standards but leave the responsibility for keeping the data up to date with
those who generate the data in the first place. Thus the Land Registry can still
be responsible for the accuracy of land title data while the planning authority
can still be responsible for the restrictions on land use and the land owner can
obtain a single view of the combined data base.
Part of this approach is being driven by technology, part by a growing
awareness that cadastral systems should serve the people on the land rather than
the administrators in government offices. Of course many land registration
systems have focused on serving the needs of land owners, for instance by
guaranteeing the security of title and simplifying the processes of conveyancing
but many have ignored the needs of the community for good land management by
failing to provide relevant information. Similarly many cadastres have been
created 'top down' serving the needs of the cadastral surveyors and record
managers rather than the needs of land owners.
Common ground is now being sought with emphasis both upon the requirements
and responsibilities of the State and the needs of the individual. In this
process there has been much debate upon the role of the private sector. Should
the cadastre be under full governmental control with State surveyors and State
notaries carrying out all the necessary work or should at least some of the work
be done by the private sector? The answer will of course depend upon the
political situation in individual countries but it is worth stressing that
around the world an increasing amount of work that has traditionally been
regarded as a governmental responsibility is now being undertaken by the private
sector. There is also an increasing use being made of Non-Governmental
Organisations (NGOs).
The guidelines prepared by the UN ECE will formally be launched at the
HABITAT II Conference. They have however already had an impact. At a meeting at
the UN Headquarters in Geneva in February of this year representatives from 30
European countries came together to create a Meeting of Officials in Land
Administration (MOLA). In future the so-called 'Officials' will come from
governmental, cadastral or land registration organisations and will to some
extent mirror a pan-European group called CERCO (Comite Europeen des
Responsables de la Cartographie Officielle). CERCO is made up of the Heads of
national mapping agencies and is a forum for the exchange of information on
matters of mutual concern to European national mapping agencies—for instance
cross border mapping or issues such as copyright on surveying and mapping data.
MOLA hopes to play a similar role within Europe although it is acknowledged that
each cadastre or land registration system currently operates as if within an
island state and hence has little in common with its neighbours. Although it is
essentially a government sector initiative, it plans to involve a wide community
of experts including those in the private sector.
It is possible that this will change with the impact of the General Agreement
on Trade and Services (GATS) that is being administered by the World Trade
Organisation (WTO). GATS will require the creation of greater opportunities for
foreigners to work within a host nation's cadastral or land registration system.
The European Union is already seeking much greater freedom of opportunity for
its members to work anywhere throughout the Union. At present however MOLA is
bound together more by a common interest in solving problems for instance in
computerisation than in any move to share facilities or land and property data
between countries.
It is of course of interest that MOLA represents a European response to the
1972 request to the UN to set up 'a permanent committee to keep developments in
this field under constant review'. It is probable that MOLA will in due course
be anxious to market the expertise of its members on a global scale. At present
however its focus is strictly European. There is therefore still no global
'permanent committee' in the sense envisioned by the writers of the 1972 report.
As an ECOSOC accredited NGO, the International Federation of Surveyors (FIG)
is going someway towards filling what is still the gap, principally through its
Commission 7 which has been active in reviewing developments. FIG has for
instance produced a Statement on the Cadastre that complements the work that has
been done by the various United Nations agencies. It has also published two
reports on general land tenure issues, one being the results of a Round Table
meeting held in Melbourne, Australia with the UN FAO in 1994 and the other of
two meetings held in Harare, Zimbabwe in 1995, one with the UN FAO and the other
with the UN CHS (Habitat).
What emerged from these discussions was concern that land tenure arrangements
and cadastral systems in particular are not meeting the needs of the communities
that they were originally designed to serve. UN CHS has for example laid much
emphasis on the need to protect women's rights in land, the subject of a
conference held in Sweden in 1995 and a matter of focus in the New Delhi
Declaration in January 1996 that was issued at the end of the Global Conference
on Access to Land and Security of Tenure.
A striking feature of the New Delhi conference was the different perspectives
on land tenure held by the representatives of African and Asian nations.
Nevertheless the foundations on which they all stood were similar and it is only
at the higher levels that differences are apparent. The FIG Statement on the
Cadastre has attempted to get to that bottom level and as with the 1972 and 1985
reports and the work of the UN ECE it enunciates general principles that apply
to all.
The weakest part of all these studies is their understanding of land markets,
possibly due to the fact that the reports have been prepared by administrators,
lawyers or surveyors and not by economists. There is a general failure to
quantify the economic imperative of good land record management through which
comes good land management and a strong economy. In the west the relationship
between security of title and security for investments has been taken for
granted and is very difficult to assess in cost to benefit terms. All of the
documents cited above make supportive statements and arguments for a good land
titling system but none produces facts and figures to actually prove the case.
What can be shown is that countries with poor systems of land records have
relatively weaker economies than those with good systems. There is evidence that
efficient use of development project funds may be greatly impaired by poor land
information, especially in urban areas.
It is in the cities and towns that land markets tend to develop more rapidly
than in rural areas. There is of course great need for security of tenure in all
areas especially for farm land but relatively little buying and selling of rural
land takes place compared with urban. Much international aid has focused on
rural development, often with the objective of increasing food production. The
forthcoming HABITAT II Conference will focus the attention of the world on urban
environments and the fact that over the next thirty or so years two thirds of
the world's population will live in urban communities unlike today when two
thirds live in rural areas. The prime focus in most of the cadastral studies
referred to above has been on rural land which explains in part why there has
been limited discussion on land markets.
Today the cadastral debate often centres around the use of technology and the
development of multi-functional land information systems. The latter involves
more than the traditional players on the land titling stage - the lawyers, the
surveyors and the land administrators. The thread that runs through the reports
commented upon above includes such issues as the differences between the urban
and rural environments and the respective roles of the private and public
sector. What binds them all together is a search for the best way to respond to
the needs of land resource management by recording the ownership, value and use
of land in a way that is cost-effective and meets the needs of government and,
most importantly, of the local community. That search is not yet complete and
the challenge here in Bogor is to identify clearly the common problems, to look
at the many different solutions that have emerged over time, but ultimately to
choose the best way forward for each individual country, given its unique
circumstances.
Justification of Cadastral Systems in Developing Countries, by Professor Ian
Williamson
The paper by Williamson (1996) provides a justification for cadastral systems
in developing countries. The paper commences with a brief overview of cadastral
systems and argues that the debate about such systems should move from whether
cadastral systems are important or appropriate for developing countries, to what
constitutes an appropriate cadastre for such countries. Land titling, land
registration and land reform projects, or projects to regularise or formalise
land tenure arrangements, all require the support of or result in cadastral
systems. The promotion of the importance of cadastral systems in developing
countries draws heavily on the experiences of the World Bank, the Food and
Agriculture Organisation of the United Nations (FAO), the United Nations Centre
for Human Settlements (Habitat) and several recognised international
authorities.
An effective cadastral system is important for the support of sustainable
economic development and environmental management within the context of Agenda
21 as agreed at the United Nations Conference on Environment and Development (UNCED)
in Brazil in 1992. The trend for cadastral and land information systems is to be
increasingly justified on rigorous economic grounds, both in the developed and
developing worlds. Cadastral and Land Information Systems (LIS) involve:
- definition of cadastre and land markets;
- key cadastral processes; and
- a continuum of land tenure arrangements
Cadastral systems are not ends in themselves. They have the potential to
support:
- effective land markets;
- increased agricultural productivity;
- sustainable economic development;
- environmental management;
- political stability; and
- social justice.
However, it is absolutely essential that each cadastral system is designed
appropriately to serve the needs of the respective country. Otherwise a
cadastral system can do more harm than good! There is a vast array of legal,
technical, administrative and institutional options available in designing and
establishing an appropriate cadastral system, again providing a continuum of
forms of cadastre ranging from the very simple to the very sophisticated.
The success of a cadastral system is not dependent on its legal or technical
sophistication, but whether land rights are adequately protected, with those
rights being able to be traded where appropriate (i.e. land rights can be
bought, sold, leased and mortgaged), efficiently, simply, quickly, securely and
at low cost. The developing world is dependent on the establishment of a system
of property rights and property formalisation in land, and associated
institutions, for economic development. Appropriate cadastral systems are
important, if not essential, for such systems to be established.
Statements both by the World Bank and United Nations confirm that the
formalisation of private property rights in land, which are an integral
component of an effective cadastral system, is very important for sustainable
economic development and environmental management in both urban and rural areas.
In rural areas a secure title is important:
- in promoting increased investment in agriculture;
- for more effective husbandry of the land;
- for improved sustainable development;
- to support an increase in GNP through an increase in agricultural
productivity;
- in providing significant social and political benefits leading to a more
stable society, especially where land is scarce.
In densely populated rural areas or areas of high value a cadastral system
also permits an effective land market to operate and allows an equitable land
taxation system to operate. In urban areas a cadastral system is essential to
support an active land market by permitting land to be bought, sold, mortgaged
and leased efficiently, effectively, quickly and at low cost. In addition a
parcel based land information system (not necessarily computerised), based on
the cadastre, is essential for the efficient management of cities. Cadastral
systems permit land taxes to be raised thereby supporting a wide range of urban
services, and allowing the efficient management and delivery of local government
services.
Where population densities cause land to be scarce, as farming becomes more
commercialised, when farming technologies improve and with the emergence of land
markets in both urban and rural sectors, the formal recognition of individual
and communal land rights, and the establishment of cadastral systems is very
important, if not essential, in developing countries to:
- promote security of tenure;
- improve access to land;
- promote economic and sustainable development;
- reduce poverty;
- support environmental management; and
- support national development in the broadest sense.
Thus, the question is not whether cadastral systems are essential, but what
constitutes from a technical, legal, institutional, administrative, economic and
social perspective, an appropriate cadastral system for a particular country or
jurisdiction at some point in time.
SESSIONS 3 & 4: SOCIO-ECONOMIC JUSTIFICATION FOR LAND REFORMS AND CADASTRAL
DEVELOPMENT: AN INTERNATIONAL PERSPECTIVE
The meeting discussed the motivation for the interest of institutional
development of land administration in the participating countries. The question
was formulated as follows: What is the justification for cadastral reform in the
participating countries?
All delegates acknowledged there is great interest in institutional
development of the land administration system in the participating countries.
This interest is manifested in relatively large investment in improvements of
cadastral systems, including development of legislation, organisational methods,
and technology, in order to meet the demand from society. The demand comes from
the government, which has an interest in developing land administration systems
to promote economic development, social stability and economic growth. But the
demand is also high from the business sector, which wants clarity in security of
tenure, and predictable rules and legislation as a base for investment
decisions. Farmers and urban populations are also interested in secure titles to
land, clarity and transparency of land tenure for the same reason.
The table below shows the three most important reasons for cadastral reforms
as listed by the participating countries.
United Kingdom
- Computerisation.
- Need for simplification.
- Reduction of cost.
South Africa
- Justice and political stability.
- Reduced costs for land registration in areas with people who cannot afford
the current costs.
- Provision for group titles in areas with customary tenure and in other
areas in need of a low cost approach.
Vietnam
- Computerisation
- Social justice and equity.
- Support for the development of natural resources and protection of the
environment, and stopping degradation of soils and deforestation. Support for
land use planning.
Republic of Korea
- Improved protection of land rights.
- Better land management.
- Preventing land speculation.
Indonesia
- Security of tenure and protection of land rights.
- Reduction of land disputes.
- Efficient land market and to promote investment in land.
Thailand
- Secure titles to land to promote economic development.
- Create revenue for government.
- Provide information for land use planning.
- Standardisation of different systems to reduce costs and maintain
security.
Malaysia
- Indefeasible title and ownership guarantee by government.
- Lower costs for land transaction to promote an efficient and unambiguous
land market.
- Reduce litigation and boundary disputes.
People's Republic of China
- Promote economic growth and develop a land market.
- Promote better land use.
- Avoid boundary and land disputes.
Cambodia
- Computerisation to speed up the reform and to improve accuracy.
- Facilitate zoning and planning in order to fix land reservation and land
values.
- Improve rural land development bank and control credits.
Philippines
- Increase revenue from taxation of land for local governments.
- Accelerate settlement ownership to prevent land fraud.
- Support land use planning.
Bulgaria
- Security of ownership and transactions.
- Integration of registration and cadastral surveying and mapping, and
unification of rural and urban areas.
- Standardisation.
Russia
- Support political stability.
- Support economic growth.
- Create land market.
Australia
- Socio-economic applications of cadastral information.
- Environmental consciousness.
- Economic decision making.
Sweden
- Simplify cadastral organisation.
- Simplify procedures.
- Reduce cost through use of modern technology.
New Zealand
- Establish clear resource rights.
- Speed up property transfer and lower costs.
- Provide efficient support for traditional land tenure.
The participants at the conference represent a broad range of countries which
have reached different stages in their development and completion of the
cadastre. It was obvious that the main reason for countries which have not yet
implemented a formal cadastral system for the whole of their nation, to continue
and finalise the system, is to gain benefit from economic and social
development. For countries with established cadastral systems, the emphasis is
placed on matters to rationalise and increase the accessibility to their
systems, in order to reduce the costs for the government and the users, with the
help of modern information technology and through legal and organisational
reforms of procedures. In many Eastern European countries, there is a strong
political will to restore the cadastral systems and the parcels as they existed
before nationalisation.
In several countries, the aim of the cadastral reform is first of all to
promote economic development through the establishment of secure and protected
land rights, which can then serve as the basis for long-term investment
decisions in land development—both in rural and urban areas. Another reason for
cadastral development is to avoid land disputes and promote the development of a
land market and access to credit. Secure tenure will increase access to credit
with lower interest rates and increase real property values. These reasons were
particularly mentioned by delegates from the Republic of Korea, Indonesia,
Thailand, Malaysia, People's Republic of China, Bulgaria, New Zealand and
Australia. The need for development of methods of market valuation and training
of appraisers was especially highlighted by delegates from countries which are
developing market economy systems.
The discussions also identified the importance of each jurisdiction’s
cadastral organisation developing its own vision and strategies aligned to its
particular national development aims and priorities. Current management thinking
and skills can be applied in cadastral organisations to achieve purposes and
programs, and provide effective planning and implementation. Each country has to
determine its own vision and directions so that it can align its functions and
programs with the directions and priorities of its government, and with its own
circumstances, environment and stage of development. It is particularly
important that government and national organisation commitment be obtained so
that new systems, technologies and developments are locally owned and accepted,
and that local capacity is made available to sustain them in the long term.
In many countries the main reason for cadastral reform is to promote
political stability, social justice and equity, and economic development. In
countries such as Vietnam, South Africa, Bulgaria, other Eastern and Central
European nations, and Australia, this question is an important justification for
cadastral reform.
The third main group of justifications for cadastral reform has to do with
sustainable management of land resources and protection of the environment. This
question has a direct bearing on cadastral reform as a clear and transparent
system for the distribution of land rights, combined with information and clear
rules of the rights and obligations of a land user and efficient control of the
land use, is considered to be a basic requirement for management of natural
resources. Land tenure reforms are important, for example to stop deforestation
and erosion and to rehabilitate degraded soils. The cadastre is also important
as a source of information and a tool for implementing land use planning. These
questions were particularly important as a justification for ongoing cadastral
reforms in Thailand, People's Republic of China, Vietnam, Cambodia, Philippines,
Republic of Korea, Australia and New Zealand
In several countries, different cadastral systems were developed for
different purposes or through influences from other countries and adopted in
different ways to the traditions existing in the country. Traditional land
tenure systems represent another area of great importance, as all countries
expressed a will to recognise traditional land tenure as a base for formal land
registration. In several countries, the responsibility for land registration is
divided into legal registration of documents and technical registration of the
geographic location and land use of land parcels. The question of
standardisation of different systems is important as a justification of
cadastral reform in nations such as Thailand, Republic of Korea and Bulgaria.
Group titles to incorporate traditional land tenure, but also to solve land
disputes, are especially important in South Africa.
The cadastre has been introduced in many countries in the world with the
primary aim of facilitating the collection of governmental revenue through land
taxation. Today, this is an important reason for cadastral reforms in Malaysia,
Thailand and the Philippines, especially as a means of strengthening local
governments.
Reforms motivated by the desire to rationalise cadastral procedures and
organisations, and to make information more accessible with the help of modern
technology, were reported from the United Kingdom, New Zealand and Sweden. In
Cambodia and Vietnam, the wish to computerise the cadastre in order to speed up
the reform and facilitate access and reliability of the data is a strong driving
force. Costs for land registration need to be reduced, at least for some types
of land tenure, in South Africa. In Malaysia, computerisation is seen as a major
solution to their problems, created by frequent use of temporary, qualified
titles. Other motivations reported for cadastral reforms were to prevent land
speculation (Republic of Korea) and to accelerate settlement ownership to
prevent land frauds (Philippines). Almost all countries mentioned that the
question of migration from rural to urban areas also is a driving force for
cadastral development.
The success of cadastral reforms is demonstrated in substantially increasing
food production in Vietnam, and in increasing real property values,
productivity, access to credit and general economic activities in Thailand. Lack
of reliable cadastral records often is compensated for by society through the
development of informal markets and rules. This may create unstable conditions,
and has, in certain locations, resulted in higher transaction costs, higher
interest rates (or no possibility for credit) and lower land values compared to
areas with reliable cadastral records. Other negative impacts such as
unsustainable land use and degradation of soils have also been associated with
the lack of an established land management system/reliable cadastral records.
In summary, a number of common justifications for the cadastre were
identified in two or more jurisdictions. These can be grouped into the following
general categories:
(1) Supporting the Creation or Development of an Efficient Land Market
The elements identified included: promoting investment through the provision
of secure title for economic development; increasing revenue for central and
local government by accurate identification of land use activity and property
values; and standardisation of transactions to reduce costs and increase
efficiency through simplifying procedures and unifying different systems.
It was also emphasised that cadastral systems provided a base for effective
zoning and planning, to assist economic decision making, and for the orderly
reservation ahead of implementation of community and national facilities. The
role of the cadastre in supporting lending and the efficient application of
credit was also seen as important.
(2) Improved Protection of Land Rights
This includes the reduction and avoidance of land and boundary disputes; the
establishment of government supported entitlements to land title and associated
rights; the establishment of security; the speeding up of property transfers and
sales; reduction of costs; increased security of land rights and dealings; and
the prevention of fraud in land transactions.
(3) Supporting Land Management and Economic Development
This includes providing better information for land planning and better
mechanisms for implementing planning policies and improving overall land
administration; accelerated settlement and taking up of individual ownership to
support economic growth; and support for socially desired land use and
environmental considerations.
(4) Computerisation
This is required to reduce costs and provide rapid processing of
transactions, and to increase the accuracy of procedures and improve access to
associated databases.
(5) Simplification of Processes
This is required to simplify procedures and operations, and develop standards
to improve efficiency and user friendliness. There is also a need to simplify
and remove overlaps in the activities of organisations involved in cadastral
functions.
Other general issues arising were the efficient support for traditional
tenures through the provision of Group ownership, support for political
stability through the advance of social justice, and the overall reduction of
the cost of the land registration system.
SESSION 5: LAND MARKETS AND CADASTRAL PROCESSES
“All countries need a formal system to register land and property and
hence to provide secure ownership in land, investments and other private and
public rights in real estate. A system for recording land ownership, land
values, land use and other land-related data is an indispensable tool for a
market economy to work properly.”
Figure 1. A Statewide Parcel-based Land Information System
Based on a Legal Cadastre.
Land Administration Guidelines, UN Economic Commission for Europe
A great deal has been written and guidelines prepared on land administration,
the cadastral concept and the development of land and geographic information
systems. However what is important is the efficiency and effectiveness of the
systems, and particularly the operation of the land market which involves land
transfer, subdivision, land use and planning, valuation and land taxation. The
key however is the operation of the basic cadastral processes which underpin the
cadastre and related land information systems, and which create and define the
land parcels and the individual land rights which attach to the land parcel.
While recognising the importance of the wider land administration framework,
this meeting will concentrate on the operation of land markets which permit land
rights to be bought, sold, mortgaged and leased, efficiently and effectively. In
particular the focus will be on the three cadastral processes of:
- adjudication of land rights
- transfer of land rights
- mutation (subdivision and consolidation)
In considering the introduction or improvement of land markets, countries
need to discuss:
- are land markets necessary?
- the advantages and disadvantages of adjudicating individual land rights?
- the relationship between systems to record individual land rights, land
use and land values.
SESSION 6: COUNTRY PRESENTATIONS
Statistics
- Total number of land parcels: including roads as parcels, 4.1 million;
excluding roads as parcels, 3.3 million
- Lands parcels with complete cadastral survey, 3.0 million (approx.)
- Land parcels with registered title, 3.2 million (approx.)
- Land parcels with other official tenures (crown land, reserves, leases
etc.), 0.1 million (approx.)
- Land parcels with no cadastral survey and no title (e.g. crown land), <
0.1 million (approx.)
- New land parcels created per annum, 50,000
- Land parcels transferred per annum, 180,000
- Land parcels adjudicated: primary applications, < 100
- % of parcels in urban areas shown on cadastral maps, 100%
Best Aspects
- High level of confidence in the titling system due to government guarantee
and the virtual absence of litigation as to boundaries (23 boundary
determinations per year).
- Titles based on accurate survey executed by surveyors registered under the
Surveyors Act.
- Process enshrined in statutes which include the registration process
traceability of measurement, definition of standards, plan examination and
adjudication.
Aspects Needing Improvement
- System has grown from an isolated surveys approach. There is a lack of
overall mathematical rigour in the cadastral fabric.
- Small number of old system and Crown land parcels still without accurate
survey.
- The map sourced digital cadastral data base is inconsistent in quality due
to the variation of source material. This will be overcome over time by
connections of the existing cadastral frame work to the survey network.
Victoria, Australia (Prof. I. Williamson)
Statistics
- Number of land parcels (80% urban towns, provincial cities and
metropolitan area, 20% rural)
- freehold, 2,400,000 (strata titles, 0.4 million)
- Crown land, 100,000
- Number of parcels with a complete cadastral survey, > 90%
- Number of parcels held under some form of land registration
- Certificate of Title, 2,300,000
- General Law, 60,000
- Number of parcels held under other forms of official tenures (Crown lease
etc.), 50,000
- Number of parcels with no cadastral survey and no title (estimate only -
no official figures), 50,000
- Number of new parcels created annually, 50,000
- Time to subdivide
- without construction, 3-6 months
- with road construction, 12-18 months
- Number of parcels transferred annually, 200,000
- Time to transfer parcels (moving to over-the-counter transfer with full
computerisation), 4-8 weeks
- Number of parcels surveyed, adjudicated and issued with a title or deed
annually, 200,000
- Percentage of parcels in urban areas which are shown on cadastral maps, >
90%
Best Aspects
- The title registration and cadastral survey system supports a very active,
effective and secure land market to permit rights in land being bought, sold,
mortgaged and leased and for land to be subdivided and developed. The system
is virtually litigation free. Land tenure or boundary disputes are virtually
unheard of.
- The cadastral system is operated by a large number of highly trained
professionals who are supported by well established professional institutions
and universities. This is particularly the case for Surveying (1 licensed
professional land surveyor/4,000 population) and Legal professions.
- The cadastral system is highly centralised in one Land Titles Office.
While this could be seen as one of the best aspects of the system, it could
also be seen as one of the worst aspects. Without doubt centralisation allows
a high level of coordination and computerization (Victoria has a complete
digital cadastral data base) while at the same time it has restricted the
availability of cadastral data at a local level.
Aspects Needing Improvement
- The cadastral system is still constrained by historic administrative
arrangements which have their origins from the manner in which Australia was
settled. This particularly relates to a separate Land Titles Office and the
Office of Surveyor General. However recent times have seen the establishment
of the Office of Geographic Data Coordination.
- The cadastral system is based on very accurate isolated cadastral surveys.
The system has historically not used a State-wide coordinate system, nor is it
map-based, although the State is slowly moving in this direction.
- The cadastral system is a relatively complex and expensive system. It is
heavily directed at individual transfers for individual parcels for individual
persons.
Malaysia (Dato’ Abdul Majid)
Statistics (for peninsular Malaysia only, as at December 1995)
- Total number of urban parcels, 2,157,000
- Total number of rural parcels, 6,011,000
- Number of parcels with complete cadastral survey, 5,163,000
- Number of parcels with Final Title (FT), 2,244,000
- Number of parcels with Qualified Title (QT), 2,418,000
- Number of parcels with no survey and no title (e.g. Temporary Occupation
Licences), 586,000
- Number of new parcels created annually, 200,000
- Number of parcels transferred annually, 1,500,000
- Number of parcels surveyed and issued with Final Title annually, 150,000
- Percentage of parcels in urban areas shown on cadastral maps, 65%
Best Aspects
- Indefeasibility of title and rights - ownership is guaranteed by the
government.
- Transactions are simple, unambiguous and inexpensive.
- Accurate land demarcation minimizes overlapping ownership and litigation.
Aspects Needing Improvement
- The registration of titles and surveys are done by different departments.
This results in duplications, red tape, delays and backlog in the registration
of FT.
- The provision for issuance of QT prior to final survey has resulted in 2.4
million QT’s that are yet to be converted to FT.
- Expensive.
Guangdong Province, People's Republic of China (Madam Yixi Liang)
Statistics (People's Republic of China)
- Largest population in the world, 1,200 million.
- Population density of 125 persons per Km2.
- Total land mass of 9.6 million Km2. (1/15th of the world’s area, and 1/4
of Asia).
- Per capita land area, 0.8 Ha.
- Per capita cultivated area, 0.09 Ha.
- People's Republic of China feeds 21.8% of the world’s population, with
only 6.8% of the world’s cultivated area.
- Landownership characteristics:
- socialist public ownership is adopted for all land
- 2 forms of public ownership: by the whole people, and by collective
ownership
- Present cadastral management functions are: land use inventory, city and
town cadastral inventory, and land condition inventory.
- National soil survey has been completed.
- Land registration started in 1988.
- A unified system of registration and certification of land rights will be
established in the People's Republic of China in 2 years.
Statistics (Guangdong Province)
- Land Department for Guangdong Province established in 1985.
- Land administration tasks in the Province: cadastral management; land
utilisation; administration of land use for construction, surveying, and place
names.
- Land use inventory conducted using aerial photography, orthophotos, and
1:10,000 topographic maps.
- 1:10,000 topographic map or orthophoto map coverage of the Province is
complete.
- Since 1985, cadastral inventory of 1,271 towns (77.5%) and 84,406 villages
(68.1%) has been completed.
- Land registration and certification completed for 1,956,000 state-owned
parcels and 8,168,000 collective land parcels since 1988, giving a
certification percentage of 75%.
- In day-to-day cadastral management operations, since 1993 there have been
155,000 transfers, mortgages and land use changes handled.
Bulgaria (Dr Tatiana Ouzounova)
Statistics
- Area of 111,000 Km2, with 58% being agricultural land.
- 279 municipalities.
- Population of 8.5 million.
- 5,000 settlements.
- Engaged in moving from socialist political system and a centrally planned
economy to a Western style democracy based on a market economy.
- Land reform is a key element of the transition, involving land policy,
land tenure and land administration.
- Emphasis is on land tenure based on individual rights.
- Property rights for 5.4 million Ha of farming land to be restored.
- Rights will be restored to 2.4 million citizens to over 8 million parcels.
- As at 31/12/1995, property rights to 57% of farming land have been
restored.
- Estimated that by end of 1996, 84% of land will have been returned to
owners.
Speculative Statistics
- 9.2 million people in the KwaZulu-Natal province of South Africa, 26% in
informal settlements.
- The largest urban area in KwaZulu-Natal, Durban, 24% is informal (124,284
informal dwellings), housing half a million people.
- 7 million is informal settlement population of the whole of South Africa.
Best Aspects
- Every legal parcel of land subdivided and/or transferred is linked to the
national geodetic network
- This limits encroachment and boundary conflict problems.
- Through surround surveys, linked to the geodetic network, it will be
possible to introduce less accurate surveys within the outside survey, either
unintentionally (Development Facilitation Act) or intentionally.
- Makes an LIS more sustainable and cost efficient and when up and running
will underpin the land reform programmes.
- Every legal parcel of land subdivided and/or transferred, since the 1930s,
has been registered and held as a record in a public office (Surveyor General
and Deeds Registry)
- This means that the land restitution process, as far as freehold areas of
the country are concerned, is relatively easy, as far as the identification of
the parcel and chain of owners in concerned.
- Land tax is facilitated. Property clause negotiations will determine to
what extent land taxes need to be introduced.
- Professionals (land surveyors and property lawyers) take responsibility
for all subdivisions and/or transfers and guarantee the property rights of the
country’s citizens. Only a handful of boundary and/or rights encroachment
cases have come before the courts in the last 60 or so years.
- Reduces conflict between legal land owners.
- Has historically given great security of tenure to White land owners (and
a few land owners of colour), neighbours and banks.
- A large body of property professionals exist in the country who can be
utilized in the land reform process.
Aspects Needing Improvement
- Most of South Africa is covered by registered real property rights held by
people who are not Black (in 1991 Blacks had rights to only 13% of the land).
There is little vacant useful state land. To redistribute the land more justly
requires an enormous number of subdivisions and transfers of property,
utilizing an expensive and time consuming cadastral system.
- There is path dependence in the property and finance industry. This
involves aspects such as: standards of accuracy; the education levels of the
person undertaking the work (both formal and through articles); the amount of
checking involved; the survey legislation and regulation based requirements
laid down by the state; the corporate culture of the property industry; that
the system has largely remained unchanged since the 1930s. This path
dependence makes it difficult to introduce unpopular changes to the system
without rocking the entire property industry, which to a large extent
underpins South Africa's economy.
- It is an expensive system involving highly paid licensed professionals,
sophisticated technology, requiring high levels of civil servant management. A
large proportion of the country’s population cannot afford to use the present
cadastral system (transfers, subdivision of individual plots, boundaries and
rights resolution).
- These factors, and others, have led to the development of informal
settlements throughout the country as people use illegal land delivery
systems, illegal subdivisions, transfers and sales, while they wait for the
legal system to give them legal land rights.
SESSION 7: COUNTRY REPORTS (CONTINUED)
Indonesia (Mr Djoko Walijatun)
Statistics
- Land Registration started since 1961
- Island & islets, 17,508
- Total Area, 1.9 million Km2
- Population, 200 million
- Number of parcels (1995) approx. 55 million
- Registered Parcels up to now:
- Hak Milik (private property, freehold), 13,724,404
- Hak Guna Bangunan (right of building, 20-30 years), 1,834,044
- Hak Guna Usaha (commercial agricultural land, include. fishery), 5,235
- Hak Pakai (right of use), 739,578
- Hak Pengelolaan (right of maintenance), 3,106
- Total registered parcels, 16,306,367
- Averages certificates issued per year, 700,000
- Annual land transfers (since 1990 only), 714,716
- Total certificates of mortgage, 953,833
- Total area covered by maps:
- By photogrammetry, 2,005,100 Ha
- By ground survey, 96,967 Ha
- Total personnel:
- Cadastral Surveying and Land Registration, 9,414
- The Land Offices, 301
- The Provincial Land Offices, 27
- National Land High School (University Level), 1 (in Yogyakarta),
approx. 1,000 students
Best Aspects
- Adjudication: the formalisation of unwritten evidence of ownership into
sworn written statements to be legally recognised as documentary proof of
ownership.
Aspects Needing Improvement
- The Adjudication Process
- The absence of documentary proofs of ownership.
- Conflicting documentary proofs.
- Conflicting statements and testimonies by witnesses.
- Uncertain boundaries.
- Time consuming and expensive court procedure of the disputes.
- Spatial planning and land reform regulations to be observed.
- The Land Transfer Process
- The informal environment.
- The land speculation.
- The fraudulent practice of transfer and dealings.
- Unprotected buyers in good faith.
- Protection for the real owners.
- Inefficient land market.
- The Subdivision Process
- The informal environment.
- Spatial and land use planning and land reform regulation to be observed
- Time consuming and lack of awareness.
- Institutional problems.
Statistics
- Total area, 99,607 Km2.
- By area, 86.4% privately owned, 6.9% government owned, 6.7% public owned.
- Urban area 21.7%, rural area 78.3%
- In 1995, number of new parcels created by subdivision, 952,000; number created
by annexation, 179,000; by initial registration, 2,000.
- Registration period, 2 months
- Number of parcels transferred annually, 2,823,000
- Number of parcels surveyed, adjudicated and issued with title annually,
737,000
- Number of parcels in the cadastral system, 33.9 million
- Number of parcels in the land registration system, 30.6 million
- 3.3 million unregistered parcels in the land registration system
- Number of cadastral offices (1 central, 15 provincial, 259 local)
- Cadastral staff numbers nationally, 3,646 surveyors, 1758 administrators.
- 2 universities and 6 junior colleges with Cadastral Departments.
Best Aspects
- Registering and managing the entire territory.
- Providing cadastral information services using a national online computer
network.
- Establishment of cadastral departments in universities and junior colleges.
Aspects Needing Improvement
- Lack of accurate cadastral maps.
- Scattering of the organisations and operations related to land affairs.
- Duality of the cadastral system and the land title registration system.
Approximate Statistics
- Total number of land parcels: Nearly 4,400,000 including private and
government lands (agricultural land & housing land).
- Number of parcels with a complete cadastral surveys 0, (in the process to make
the cadastral plan in the pilot area).
- Number of parcels held under some form of title registration “possession
right” 451,415.
- Number of parcels held under forms of official tenures, 0
- Number of parcels without cadastral survey and no titles, about 3,950,000
- Number of new parcels created by subdivision annually about 2,000
- Number of parcels transferred annually about 4,000
- Number of parcels annually:
- Surveyed/investigated, about 100,000
- Adjudicated and issued the titles, about 75,000
- Percentage of parcels in urban areas which are shown on cadastral map, 0
Best Aspects
- Computerized information system.
- Zoning plan / state reservation and land evaluation.
- Guarantee of land title.
Aspects Needing Improvement:
- Accelerate land titling and Land registration.
- Collect land taxes and other national revenues from land.
- Cadastral map.
Statistics
- Land Parcels: total number - 2.0 million, 1.5 million urban (75%), 0.5
million rural (25%)
- 1.9 million surveyed parcels (recorded on maps)
- Parcels held under some form of title registration, 2.0 million
- 1.9 million surveyed parcels in land transfer title
- 95,000 unsurveyed land transfer title (Diagrams on Transfers)
- 5,000 unsurveyed Maori partitions
- 40,000 new parcels created annually
- Parcels transferred annually, 250,000
- Percentage of Parcels in urban areas which are shown on cadastral maps,
100 %
- Number of parcels with no cadastral survey and no title - Nil
- Number of parcels surveyed, adjudicated, and issued with a title deed annually
- almost nil.
- Survey Plans
- Total of 1.1 million plans
- 18,000 new plans added each year
- 1.5 million microfilm copy cards held
- 20,000 new microfilm cards added each year.
Best Aspects
- Effectiveness
- Public, Cheap (Low legal Costs) and simple
- Active Role of Private Sector
- Spatial Definition
- Demarcation is a Pre-requisite to the issue of Title
- Certainty of Spatial Definition
- Confidence
- State guarantee of title
- Public and business confidence in proven system.
Aspects Needing Improvement
- Series Processing and Time Delays
- Local Government; Resource Management Process; Requisitions
- Plan Examination; Survey Requisitions
- Legal Requisitions
- Manual Processes - Paper System
- Dated Spatial Infrastructure
- Amplified by New Zealand's Earth Deformation
- Restricting use of new technology.
Vietnam (Prof. Dr. Sc. Dang Hung Vo)
Statistics
- Total land area of 33.1 million Ha.
- Population, 71.5 million.
- Rated as the 60th largest country in the world out of 160 nations.
- Rated 4th largest country out of the 10 South East Asian nations.
- 13th largest country in the world by population.
- 2nd largest country in South east Asia by population.
- 13 million households, 10.5 million in rural areas, 2.5 million in urban
areas.
- Between 75 and 100 million parcels in the country.
- According to the 1993 Land Law, land is divided into the following 6 kinds:
- agriculture, 7.4 million Ha (22.2%)
- forests, 9.9 million Ha (30%)
- rural residential, 654,000 Ha (2%)
- urban residential, 63,000 Ha (0.2%)
- (total urban land, 1.1 million Ha (3.3%)
- land for specialised uses (public buildings, parks, roads etc.), 1.1 million
Ha (3.4%)
- unused land, 13.2 million Ha (42.2%)
- Original 1998 Land Law was revised in 1993.
- Rights in land include: exchange, transfer, inheritance, mortgage and lease.
- Other land related law includes the Tax law on Agriculture Land Use 1993, and
the Tax Law on Transfer of land Use Right 1994.
- Foreign organisations and individuals may rent land for fixed periods.
- Restrictions on land use include: 3 Ha for annual plantation land; Government
stipulates rates of land use for long term plantation land, bare hilled land and
reclaimed land; and the rate of rural residential land for each locality is
usually not more than 400 sq. m. per household.
- Land registration has been completed for 4832 communes (48% of total), 5.2
million households (35%) covering 4.7 million Ha. Of these, 3749 communes and
3.6 million households have been issued with land tenure certificates.
Best Aspects
- Strategy for a new cadastral system implemented by digital technology.
- Cadastral system to be fully integrated with land legislation, land
registration, land valuation and land use planning.
- Completed system of land policy and land law.
- Full funding from government for cadastral implementation.
Aspects Needing Improvement
- Technical training for cadastral staff at the local level.
- Implementation of the cadastral system for the whole country.
- Establishment of an LIS network.
SESSION 8: COUNTRY REPORTS (CONTINUED)
Sweden (Mr T. Österberg)
Statistics
- All land in Sweden (including governmental land) is registered in the Real
Property Register.
- Total number of real properties, 3,200,000
- All of them are surveyed, although the methods have changed over the years.
- All parcels are under a title registration system
- Number of new parcels created annually, 12,000
- Number of parcels transferred annually, 135,000
- Number of parcels adjudicated annually, 100
- Percentage of parcels in urban areas, which are shown on cadastral maps, 100%.
Best Aspects
- Simple organization and clear procedures, making it unnecessary for land
owners to employ lawyers to arrange procedures.
- The comprehensive registration system, based on the Real Property Register,
making all sorts of analyses of data for different public or private purposes
possible and cheap through the computerized system.
- The simple procedures for decision making, where the surveyor can make legal
decisions about real property, which if not challenged will gain legal force
immediately.
Aspects Needing Improvement
- There is still a need to develop and make use of the modern technology,
both for surveying with help of GPS (reference station system) and to collect
and make accessible all old information in digital form and store it in a safe
way.
- The organization can be further developed and consolidated in order to
rationalize the procedures and make them cheaper. Next step should be to
transfer the responsibility for the title registration to the National Land
Survey, in order to make it easier for the general public (only one authority to
visit in land matters).
- The procedures can be even more simplified in order to lower the costs for the
general public.
Thailand (Khun Visith Atthakorn)
Statistics
- Total number of land parcels (in private ownership or occupation), 25
million
- Number of parcels with complete cadastral survey, 11 million
- Number of parcels - with title deed, 11 million
- with NS3K, 8.2 million
- with NS3, 2.1 million
- with NS2, 0.3 million
- with SPK 4-01, STK, SK1, 0.6 million
- Number of parcels without documents and survey (estimate), 2.9 million
- Number of parcels created annually:
- by survey consolidation, 120,000
- by adjudication, 236,000
- Number of parcels transferred in 1995, 852,000 (excludes inheritance, lease
and gifts)
- Number of titles issued in 1995 by adjudication/map transformation, 610,000
- Percentage of parcels in urban areas which are shown on cadastral maps, not
known
Best Aspects
- Regional service delivery.
- Same day registration.
- Progressive implementation of computer technology.
- Government conveyancing service.
Aspects Needing Improvement
- First registration yet to be completed.
- Lack of definition of forest boundaries.
- Other government agencies also have land registration functions.
Philippines (Mrs Nancy Faith Racelis)
Statistics
- Area of the country (45% agricultural area), 30 million Ha.
- Area of alienable and disposable land, 14.1 million Ha.
- With completed cadastral survey, 11.7 million Ha, 39%.
- Judicially registered lots, 3.2 million Ha, 23%.
- Administratively titled, 5.4 million Ha, 38%.
- No cadastral survey & no title, 2.1 million Ha, 15%.
- Number of new parcels created annually, 400,000
- Time to subdivide (without construction), 3-6 months, (with road
construction), 1-2 years.
- Time to transfer parcels, 1-2 months.
- Number of parcels surveyed, adjusted and issued with a title or deed
annually, 15,000.
Best Aspects
- It facilitates public land disposition and accelerates settlement and
adjudication of land cases and conflicts.
- It provides economic data for land based development studies and projects and
for zoning and land use programming.
- It is used for land valuation and development of local administration for
taxation purposes.
Aspects Needing Improvement
- Laws related to the cadastral system such as the Public Land Act, the
Cadastral Act and others are no longer responsive to needs on the socio-economic
and political changes of the country.
- Inadequate funding for the completion of the remaining unsurveyed
municipalities. Low priority in the allocation of public funds because of
various competing sectors with higher visibility.
- The various components of cadastral system is conferred in various
government agencies which result in fragmented information on land.
England and Wales, H.M. Land Registry (Professor P.F. Dale)
Statistics
- Total parcels in England and Wales, 17 million urban, 5 million rural, 22
million total.
- Registered parcels, 15 million; private deeds, 7 million; number covered by
basic survey 100%.
- New registrations (annually) in England and Wales, 340,000.
- Transfers of whole parcels, 1 million.
- Transfers of part parcels, 170,000.
- Total transactions, 3.8 million.
Best Aspects
Aspects Needing Improvement
- Links between ownership and value
- Links between ownership and use
- Uncertainty over precise boundaries
SESSIONS 9 AND 10: WORKING GROUP DISCUSSIONS ON IMPROVING THE EFFICIENCY AND
EFFECTIVENESS OF CADASTRES AND LAND MARKETS
On March 19, following the Official Opening by His Excellency Ir. Soni
Harsono, Minister for Agrarian Affairs/Head of National Land Agency, all
delegates made country presentations. These presentations dealt with Australia,
Bulgaria, Cambodia, People's Republic of China, Indonesia, Republic of Korea,
Malaysia, New Zealand, Philippines, Thailand, South Africa, Sweden, United
Kingdom and Vietnam. The status of countries ranged from where the percentage of
parcels shown on cadastral maps was zero at one end of the spectrum to the other
end where it was 100%; where the cadastre was a dynamic information tool to
where it was in an embryonic stage; where a land transfer took one day to where
just the survey plan examination itself may take two or three years; where the
private sector was strongly supported to where all cadastral surveying was done
by the state; and where the volume of jurisdictional parcels ranged from two
million to an estimated 75-100 million.
On the surface there were obviously conceptual differences which developed
from geographical location, culture, history, the pause point on the political
spectrum, the condition of the bureaucratic institutions, the economic well
being of the nation and the maturity of the land market to note but a few.
Throughout the presentations there were variations on the ideological
continuum ranging from socialism to capitalism, on the form of ownership or land
use, on the separation of land and building in the transfer process of some
countries, of the methodology for service delivery at national or provincial
levels, of the view that a registration authority may be simply an instrument of
the state or an information provider to the business world, and on the emphasis
by most countries on the necessity of computerisation to the need for cheap
local paper systems.
At the most basic level similar characteristics emerged. Perhaps the most
predominant thread was the urgent demand for cadastral systems to support
effective land markets which in turn support economic development. The value of
social justice, political stability, economic growth and natural resource
management found a place in most presentations. But it was also clear there was
a view that the success of the cadastral system is not dependent on its legal or
technical sophistication but whether it protects land rights adequately and
permits those rights to be traded (where appropriate) efficiently, simply,
quickly, securely and at low cost. Just as importantly, it was accepted that if
the resources are not available to keep a cadastral system up-to-date then there
is little justification for its establishment.
Whatever the level of sophistication or the maturity of the system, the
cadastral system undoubtedly sits within a social, economic and political model.
This model rests in a timeframe and should focus on what is possible and what is
relevant. The delegates were aware that there is no common note of acceleration
for change and that each nation will adopt change at a different and hopefully
manageable pace. The form and degree of change, as well as the degree of
emphasis on change, is subject to a range of driving forces.
The task of selecting the commonly valued issues from the views of fourteen
specific countries was almost impossible. Accordingly, and with the aim of
improving the efficiency and effectiveness of cadastres and land markets based
on the strengths and weaknesses of the respective groups of countries, the
following three issues were selected:
- The use of the cadastre to identify comprehensive rights and obligations;
- Organisational needs for effective cadastral administration; and
- Models and rationale for limiting occupancy and use.
There was also a strong thread of interest in the financial implications of
the cadastral system dealing with the commercialisation of cadastral data and
services, the involvement of the private sector and the need to determine value
for money in the cadastral processes. It was recognised by all that cadastral
and land information systems are increasingly being seen as forms of basic
national infrastructure supporting sustainable economic development and
environmental management with benefits of both a financial and qualitative
nature.
Working Group 1: The Use of the Cadastre to Identify Comprehensive Rights and
Obligations
Working Group 1 addressed the issue of the Cadastre to identify comprehensive
rights and obligations in the areas of:
- individual, group, regional and community rights;
- land use rights;
- land tenure rights.
Professor D. Grant from Australia chaired the group, which was composed of
delegates from Vietnam, Sweden, United Kingdom and Indonesia. The topic was
addressed in the context of the model of the cadastre as outlined in the FIG
Statement on the Cadastre. This model reflects the growing environmental
consciousness and sense of social justice in the developed countries. It is
predicated on the fact that properties within a parcel based land system will be
soon affected in whole or part by obligations which have not been reflected in
the traditional register of land. These include limitations due to
environmental, heritage or social factors.
The discussion reviewed the generally accepted security of such rights as to
buy, to sell, to mortgage, to inherit, to lease, to rent and to enjoy access or
the use of easements. Further, the rights of use, such as the right to build, to
cultivate, to create change of land use, to enjoy the mineral wealth or not, and
the rights to the use of water were considered. Whilst most of the security of
rights to land are currently found in the register, the rights to use are not.
These rights are generally found in local government ordinances or state
legislation. When attempting to consider the obligations of the proprietor or
user, the group identified areas of obligation at several levels. These included
the national, provincial, city, town, village and neighbourhood levels and
resulted from specific legislation, customary practice, social expectations,
religion, history and necessity. In one jurisdiction it was noted that there
were over 120 statutes which had the possibility of impacting on the use of
parcels of land. This is not an uncommon situation in the developed world.
It was considered that the driving force for much of the global cadastral
change which is currently taking place is to be found in the desire to create or
join a land market economy. The group noted that as developing countries plunged
headlong towards a market economy with a concomitant abandonment of priceless
culture, developed countries in many instances are embracing an environmental
attitude towards land development and a social consciousness towards the use of
land. The former countries are seeking the streamlining of the land development
process, whilst the developed countries are in some cases placing impediments in
the path of development due to a sense of obligation, which has recently
emerged, to the land.
In considering the appropriateness of the cadastre for the identification of
comprehensive rights and obligations, the group briefly considered the main
objective of the registration system. This objective is to show the ownership
and charges on the land. The passage of time since, for instance, the origin of
the Torrens System has seen a multiplication of endorsements in the register
which have put considerable stress on the effective operations of that register.
Simultaneously there has been a growth of unregistered and unregisterable
actions which can have significant effect on the use and value of land. These
include proposed road acquisitions, building covenants, zoning or heritage
restrictions.
The group was of the view that since these restrictions or obligations are
not now recorded it is not likely, nor desirable, to include in the register the
new obligations which are emerging due to the growing social consciousness in
developed countries. The group therefore considered that rather than further
burden the register, it is more desirable to draw on the existing data sources
resident in land related agencies. The group believed this approach will be
efficient and meet the current needs of the community in other associated
socio-economic applications. Such an initiative must be supported by a concerted
program of computerisation.
Accordingly the group considered that the three key issues which emerged from
the discussion were as follows :
- Need to limit the content of the register to maintain clarity and
certainty.
- The loss of cultural wealth as developing countries move towards a land
market economy.
- Need to develop a multi-agency information network to provide a
comprehensive record of obligations of the owner or user of land.
Working Group 2: Organisational Needs for Effective Cadastral Administration
The major issues arising from the Working Group’s discussions were:
- There is a strong need to fully integrate and rationalise land title
registries and cadastral systems to simplify processes, and link and coordinate
them with other land administration and management activities, such as valuation
and planning.
- The integration of title registries and cadastral systems, and coordination
with other land administration functions, is most important for effective
automation, and will need to be supported by cooperative arrangements with the
relevant agencies.
- Funding needs to be supplemented from alternative sources, such as from
central government as a means of contributing to national objectives, from local
government as a contribution to community development, and from users to meet
regular updating and maintenance costs.
- The development of appropriate structures ensures that while there will be
good central direction, standardisation and coordination, there will also be
decentralised provision of services and information at local levels.
- The utility and integration of cadastral information with other processes
requires a very clear definition and unique identification of individual
parcels.
- The provision of skilled and competent people in the required numbers is a
major challenge, and will require a major emphasis and investment in relevant
education and training.
- The building of local capacity to implement and manage a cadastre will
require the development of in-country research and user-needs analysis
capabilities.
- Nationally consistent standards of surveying are needed to ensure that a
national survey system is developed and maintained to standards of accuracy
appropriate to the circumstances and needs of the individual country.
Working Group 3: Models and Rationale for Limited Occupancy and Use
Key questions: Why use provisional titles? What forces a country to use
provisional titles?
- Financial, administrative and/or political expediency.
- Lack of cadastral maps.
- Lack of staffing capacity in surveying, planning, land administration,
adjudication.
- State policy: political and economic issues; protection of country's citizens
and/or specific groups of citizens in country, such as apartheid in South
Africa.
- Some provisional titles have time limits and some have no time limit.
Provisional titles should have a time limit.
Specific land use
- Land use controls can be prescriptive or advisory. In urban areas they tend
to be prescriptive.
- People on the ground have little knowledge of land registration and land use
information. Generally they are not asked to participate in planning. Dialogue
between professions and community should be encouraged for sustainable land use
controls.
- Land use zoning relates to such things as: topography; geology; forestry;
city; environment; specific temporary uses; requirements of the wider society
versus that of the individual's needs.
- Strong land use controls limit individual rights and responsibilities. More
flexible land use controls give individual more land rights.
- Colonial laws have left a legacy of inappropriate land use controls in many
countries.
- Often land must remain in the same designated use or be forfeited.
- Size of parcel is a land use control used by policy makers for a range of
purposes.
- Constitution and land laws affect interpretation of what is meant by full
rights (freehold).
- Some, but not all, countries allow adverse possession. Adverse possession
requires a rigorous cadastral system.
- Need less rigorous system when dealing with informal settlements.
Defined period of occupancy
- Time is one of the bundle of rights in land. We can have a short time
period with strong title and/or long periods with weak title.
- Sometimes land will be forfeited if time requirements are not fulfilled (e.g.
houses built).
Adjudication
- Sometimes there is an inappropriate adjudication law (South Africa). Often
the law exists but there is insufficient manpower to implement it.
- Rights and size of plot should be adjudicated together. If rights are
adjudicated first without boundaries it affects the sustainability of land use
controls.
- There is often insufficient evidence of who is the owner and the boundary of
the owner. Cannot find claimants' neighbours to adjudicate boundary between
them.
- Conflict between government and customary right holders over the legal status
of the land. Does it belong to the people resident on the ground or the
government?
Conclusion
Adjudication is a major bottle neck in land delivery. Appropriate legal,
administrative, institutional and human supports need to be put in place. The
land registration process is only part of the adjudication exercise and should
focus on core and simple basic land rights. Mechanisms for converting
provisional titles need to be developed. Top down land laws and land use
controls encourage informal settlement.
SESSION 11: LAND TENURE SYSTEMS—FORMAL, INFORMAL AND CUSTOMARY ISSUES, URBAN
AND RURAL
Introduction
Habitat II, to be held in Istanbul in 1996, will focus on the cities of the
future. High on the agenda are informal settlements in the developing world.
Habitat II is also focusing on linkages between rural and urban areas, and
experiences in Eastern Europe have shown that cadastral legislation needs to
take such linkages into account. Many, although not all, informal settlements
have customary tenure as their base. Those areas which are based on customary
tenure are generally in the rural areas, although urban areas based on customary
tenure also exist.
Definitions
When dealing with informal settlements certain terms need to be defined,
especially as these settlements differ from country to country.
- “Land tenure” is about the relationship between people and the land. It is
not necessarily a legal system. It is important to distinguish between a legal
and illegal land tenure system in order to understand what makes an informal
settlement informal.
- “Informal sector” relates to economic sector. The term informal settlement
relates to land tenure and settlement patterns.
- “Land delivery” is about turning raw land into urban land; and about
subdividing agricultural land. There are both legal and illegal land delivery
systems, in both urban and rural areas.
- A number of characteristics make a settlement informal namely:
- Occupation is illegal (trespass). Illegal occupation of government and
privately owned land has different characteristics within each country, with
respect to the power of government and the power of individual land owners.
- Land use controls have been infringed.
- Settlement (customary) exists but the rights have not been adjudicated.
- Vacant land which has still to be adjudicated is claimed.
- There are no building permits.
Issues
- Not all countries have informal settlement, but many countries have large
informal settlements, namely Philippines, Malaysia, Thailand, Indonesia, South
Africa. Given the population projections for the region it could be expected
that informal settlements would increase, unless present land delivery systems
were adjusted to accommodate the demand for land and shelter.
- Some solutions to the problem which had been tried were: the building of
apartments for the poor; rural industrial development schemes to encourage
people to stay in rural areas; forms of provisional title; and new regulations
and pilot projects for fast tracking adjudication.
- Settlement in forests has been a problem, especially where de-forestation
has occurred. Some solutions which have been attempted are: special projects
which protect group rights in the land registration system; group land
settlement areas for shifting cultivators; allowing people access and use of the
resource but with no registered titles.
- Codification of customary tenure to become part of the land law of the
country was not a simple process. Also, accepting customary tenure rights into
the legal system meant that sometimes there is a conflict over the status of
land between the government and customary right holders. Importing customary
tenure also secured peoples land rights in such a way that it was often
difficult for government to effect development plans, as the local holders'
rights could not be moved. The adjudication of customary rights for t
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