CADASTRE AS A TOOL FOR IMPLEMENTING LAND POLICY
Prof. Tommy ÖSTERBERG, Sweden
Key words: Cadastre, land policy, land reform, land
consolidation, land acquisition.
Abstract
Starting from the FIG Statement on the Cadastre which defines the
cadastre as an information system for rights, use and values of real
properties, the paper highlights the importance the cadastre has as a
tool for land reforms in the Scandinavian countries. Based on that,
the paper will also comment on which role the cadastre is playing for
land reforms in South East Asia, e.g. Vietnam and the Philippines and
in Southern Africa, e.g. Zambia and Mozambique.
One conclusion will be that the cadastre in the Scandinavian
countries not only has been an information system, but also a tool to
promote economic and social development through land reforms. Similar
development can be seen in other countries. The cadastre can be an
active tool to support land reforms in many other countries in the
world in order to promote social and economic development in a
sustainable manner.
In Sweden, Finland and partly Norway, the cadastral procedures,
headed by a land surveyor is the first instance in a legal system to
facilitate land development, implement land policies and secure
property rights. This function, which is based on the responsibility
of the cadastral authority to be active and responsible for
investigations needed for decisions-making, combined with the
decision-making capacity itself has given those countries a very
efficient, speedy and reliable institution for implementation of
different land policies. The policies have changed over time but the
cadastral procedure for implementation has been developed and adopted
to shifting policies.
The legislation covered by the cadastral organisation includes:
Rural areas
- Land consolidation
- Sporadic land changes, mutations
- Rural land acquisition
- Price control and influence on price development
- Social support to less favoured land users or tenants
- Land taxation
- Land banking
Urban areas
- Municipal planning monopoly
- Municipal land banking
- Pre-emption and expropriation
- Valuation regulations regarding values connected to present land
use and expectations (speculations)
- Land consolidation and mutations
- Acquisition control
All areas
Modern forms for stable co-operation on joint facilities like
roads, parking places, playgrounds, fishing and hunting rights etc
Access to limited rights for cables, wires, pipelines, etc for many
applications.
Vietnam
The cadastral system is the major implementer of land
administration system, based on rights on land use, combined with
responsibilities, which to large extent has increased production in
agriculture and forestry and is expected to contribute to the
development of sustainable land use and an urban based economy.
Philippines
The comprehensive agrarian reform is mainly focused on the change
of the land tenure and ownership of land in the country. The aim is to
strengthen equity in access to land for rural development and rights
of the tenants on large estates. The cadastral issues are an essential
part of the reform, which progress has varied over time.
Mozambique
The cadastral system in Mozambique is the main implementer of the
land policy and the guarantee that existing traditional or occupancy
rights are not abused by investments in new developments. The
legislation offers possibilities to reach agreements between investors
and other interests through a cadastral procedure.
Zambia
The new land law offers possibilities to combine the issuance of
land titles with the responsibility to pay ground rents. Part of the
ground rents will be directed to a land development fund, which will
be used to promote development in rural and urban areas. Thus, the
cadastral system is directly contributing to social and economic
development.
BIOGRAPHICAL NOTE
The author, Professor Tommy Österberg, is the Swedish
delegate to Commission 7. He is also the chairman of the Swedish
Association for Surveyors, Sveriges lantmätareförening. He has a
position as Technical Director at Swedesurvey and has acquired a
considerable experience from cadastral development projects in the
world
CONTACT
Tommy Österberg
Technical Director
Swedesurvey AB
SE-801 82 Gävle
SWEDEN
Tel. + 46 26 633 850
Fax + 46 26 613 277
E-mail: tommy.osterberg@swedesurvey.se
23 March 2001
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