THE EVOLUTION OF MODERN CADASTRES
Professor Ian P WILLIAMSON, Australia
Key words: cadastre, land administration,
evolution, land markets, humankind to land relationship, United
Nations (UN), International Federation of Surveyors (FIG).
Abstract
Today's modern cadastres evolved from European cadastres in the
18th and 19th Centuries however it has only been in the last 20 years
or so that cadastral principles have been fully recognised and adopted
by the English speaking world. Due to the need to establish land
markets, as well as the fall of Communism in many parts of the world,
the gaining of independence of many former colonies and the need to
modernise their land administration systems, most countries world wide
are now undertaking some form of cadastral reform.
At the same time there is a greater awareness of the important role
that cadastral systems play as the central component of a land
administration system in a modern economy in support of economic
development, social stability and environmental management. However
the role that cadastral systems play and the cadastral concept itself
are continually evolving in response to the changing relationship of
humankind to land and due to global drivers such as urbanisation,
economic reform, globalisation, environmental sustainability and
technology.
In reviewing the evolution of cadastral systems, this paper
considers the changing humankind to land relationship and the
consequent cadastral response to that relationship. It considers the
impact of land tenure on cadastres in the context of an evolving
cadastral concept. The paper then discusses the dimensions and
objectives of cadastres and outlines key strategies to develop modern
cadastres.
INTRODUCTION
Today's modern cadastres have evolved from the European cadastres
of the 18th and 19th Centuries, with the French Napoleonic Cadastre
and the 'Maria Theresia Cadastre' introduced by the Austro-Hungarian
Monarchy having the major influence. However it was not until the last
20 years or so that the English speaking world also
"discovered" cadastres and started systematically accepting
and applying cadastral principles to their land administration
systems. The result is that today virtually every country world wide
is aware of the importance of cadastres to some degree.
This world-wide understanding of cadastral principles has
paralleled an increasing understanding of the role that cadastral
systems play in supporting economic development, environmental
management and social stability.
The role of cadastres in documenting property rights and in
supporting the operation of land markets has been increasingly
utilised by The World Bank and other international finance and aid
organisations during this period. The importance of cadastres in
support of land markets gained momentum over the last two decades:
- with the collapse of the communist or command economies with the
rush to establish market economies;
- with the fall of apartheid in Southern Africa and elsewhere;
- with the de-colonisation of many countries with their subsequent
desire to establish land administration systems which served all
society rather than an expatriate or local elite; and
- as a result of the promise of improved efficiency and
effectiveness from technological innovation.
The considerable attention that land administration, and
particularly the core cadastre, has received in recent times has
resulted in a great deal of activity world-wide to better understand
cadastral systems. There have been conferences, workshops, books,
journal articles, academic courses and declarations on all aspects of
cadastres (Williamson, 2000a). All this activity has improved our
understanding of the cadastral concept and the role of cadastres in
society. This paper provides an insight into the evolution of
cadastral thinking over the last 20 years or so.
THE CHANGING HUMANKIND TO LAND RELATIONSHIP
The key to understanding the evolution of modern cadastres is to
recognise that cadastres, in one form or another, are an essential
tool in administering the relationship between humankind and land. At
the same time this relationship in almost every society is dynamic,
albeit the relationship varies for almost every situation (Ting and
Williamson, 1999 and Williamson and Ting, 2001). This continual change
can be seen in the context of "Western" land tenure systems
in Figure 1.
FIGURE 1: A Western view of the changing humankind
to land relationship
(Ting and Williamson, 1999)
A review of the dynamic humankind-land relationship (Ting and
Williamson, 1999) shows that in a Western context, it may be
classified into four broad phases as shown in Figure 2. This figure
also shows the cadastral response to this changing relationship. In
simple terms the cadastral response in feudal times was primarily
fiscal. A legal requirement was added to accommodate the growth of
land markets and then a planning requirement was added as private land
became scarce after World War II. Today land is seen as a scarce
community resource with environmental and social considerations
tempering the historic economic driver. As a result, cadastres are
assuming a more multi-purpose role with the multi-purpose cadastre
vision of the mid-1970s (NRC, 1983) starting to become a reality.
As a result of the increasing interest in cadastral systems, a
number of statements, guidelines and declarations have been developed
which assist in explaining the cadastral concept and which highlight
its evolving nature (discussed later).
FIGURE 2: The cadastral response to the changing
humankind to land relationships
(Ting and Williamson, 1999)
THE IMPACT OF THE EVOLUTION OF LAND TENURES
A shown in Figure 3, the traditional view of a cadastre is the
recording of information about each individual parcel. Many cadastral
systems emphasise the recording of "simple" private
ownership rights with many systems still not recording public rights
in the title register
However a cadastral system can record a wide range of complex
rights, restrictions and responsibilities in land (UN-FIG, 1996). They
can record partial rights and multiple rights. However it is only in
the last 20-30 years that cadastral systems started to become more
sophisticated in accommodating a wider variety of rights.
A useful introduction to land tenure in developing countries is
found in the book titled "Land Tenure in Development Cooperation
- Guiding Principles" produced by GTZ (1998).
For example the need to record strata or condominium rights
(apartments) and associated common property in the cadastre is a
relatively recent development in most western countries. Interestingly
these new tenure relationships have much in common with the rights in
a traditional African village compared with classic individual private
rights in the Western sense. For example Strata Titles and Community
Titles legislation in Australia uses approximate boundaries for
individual parcels, individual owners have shares in the common
property, and the individual owners comprise a Body Corporate and
elect a Chairperson ("Chief") to manage the whole
"village" and particularly the common property. If for
example an owner wishes to grow some vegetables on the Common
Property, the Body Corporate (or "Chief") can allocate some
land and the person can grow the vegetables and own the results of
their endeavors. When they have finished with the land it
automatically returns to the Body Corporate. It is not uncommon for
50% or more of the population of a European country to live in
apartments in this manner (although many rent, not own their
apartment).
There are many variations on this theme in western countries which
are usually not highlighted in the cadastral literature. For example
almost every modern Western country has "trailer parks" on
the outskirts of their major cities. The trailers are usually owned by
the occupiers however they do not own the land although many pay local
taxes. They do however have some form of tenure with the result it is
difficult for them to be evicted in most countries without due
process. These trailer parks could be considered the "slums"
of the developed world since there are many analogies with the
developing world.
This analogy is important to encourage flexibility in recording
rights in land. This is particularly the case in the documentation of
informal, illegal, slum or squatter settlements in developing
countries.
This flexibility is also important when recording indigenous rights
in the cadastre. In many cases indigenous peoples do not share the
same cartographic knowledge as their western counterparts and as such
different approaches are required when recording their rights,
restrictions and responsibilities (including the difficult
consideration of their sacred sites).
The reality is that in all countries there is a range of tenures
that can and should be recorded in a cadastre, if and where
appropriate.
If the fundamental needs resulting from of the relationship of
humankind to land are addressed (primarily access to land and security
of tenure) in the cadastre as a first priority, a more flexible
approach to recording boundaries is also easily accepted. For example
the use of Qualified titles and boundaries "limited as to
survey" are useful low cost approaches for establishing a
cadastre. In many cases a property can simply be identified by its
street address (without survey) on a very approximate index plan as
long as its boundaries are well defined by occupations. The Malaysian
system is an excellent example of the use of Qualified Titles which
are issued for all intents and purposes without survey.
THE EVOLVING CADASTRAL CONCEPT
While there has been a considerable amount of documentation on or
reference to cadastres for much of the 20th Century, especially in
Europe, there continues to be considerable debate as to what
constitutes a "cadastre". To some degree what constitutes a
"cadastre" is in the eyes of the beholder. To attempt to
clarify the concept the International Federation of Surveyors
established a working group in 1992 to develop a "Statement on
the Cadastre" (FIG, 1995). The statement defined a cadastre as
"
a parcel based and up-to-date land information system
containing a record of interests in land (e.g. rights, restrictions
and responsibilities). It usually includes a geometric description of
land parcels linked to other records describing the nature of the
interests, and ownership or control of those interests, and often the
value of the parcel and its improvements." The FIG cadastral
concept is shown diagrammatically in Figure 3.
FIGURE 3: Cadastral Concept (FIG, 1995)
While the FIG Statement on the Cadastre was important, it did not
fully recognise the role that cadastres play in the operation of land
markets. As a result, the United Nations with the support of the FIG
developed the "Bogor Declaration on Cadastral Reform"
(UN-FIG, 1996). The Bogor Declaration proposed the development of
"
modern cadastral infrastructures that facilitate efficient
land and property markets, protect the land rights of all, and support
long term sustainable development and land management". It also
established principles for re-engineering cadastral systems.
Importantly the Declaration stated that a cadastral infrastructure
"
can support a vast array of legal, technical, administrative
and institutional options in designing and establishing an appropriate
cadastral system, providing a continuum of forms of cadastre ranging
from the very simple to the very sophisticated. Such flexibility
allows cadastres to record a continuum of land tenure arrangements
from private and individual land rights through to communal land
rights, as well as having the ability to accommodate traditional or
customary land rights." Further it stated that "
The
success of a 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. However if the
resources are not available to keep the cadastral system up-to-date
then there is little justification for its establishment."
(UN-FIG, 1996)
As mentioned the English speaking world did not fully embrace the
cadastral concept until the late 1970s or early 1980s (McLaughlin
1975; NRC, 1983; Williamson, 1983; Dale and McLaughlin, 1986). However
many of the basic principles were adopted much earlier, especially
cadastral surveying principles (Dale, 1976; Binns and Dale, 1995;
Dowson and Sheppard, 1953). The 1990s has seen many more books,
articles and conferences concerned with cadastral systems and
cadastral reform, such as the Cadastral Reform Conferences at the
University of Melbourne in 1990 and 1992 (also see Larsson, 1991; Dale
and McLaughlin, 1999).
With the collapse of the Communist regimes in Eastern and Central
Europe, the United Nations Economic Commission for Europe (UNECE)
recognised the need for guidelines to assist countries to establish
cadastral systems in support of land markets. The UNECE established a
Meeting of Officials of Land Administration (MOLA) to develop the Land
Administration Guidelines (UNECE, 1996). Due to the importance of land
administration in supporting market economies, MOLA has now been
upgraded to the Working Party on Land Administration (WPLA).
As a result of the continuing debate as to what constitutes a
"cadastre", particularly in Europe, the UNECE adopted the
term "land administration" instead of "cadastre".
MOLA defined land administration as "the process of determining,
recording and disseminating information about the tenure, value and
use of land when implementing land management policies" (UNECE,
1996). In this context land administration is considered to include
land registration, cadastral surveying and mapping, fiscal, legal and
multi-purpose cadastres and parcel based land information systems, and
in many systems, information supporting land use planning and
valuation/land taxation systems. For the purposes of this paper the
term "cadastre" will be used to describe the core land
administration functions of land registration, cadastral mapping, a
computerised parcel based information system together with the
information and communication technologies associated with maintaining
and accessing the cadastre.
At the same time, the FIG continues to investigate cadastral issues
in its Commission 7 (Cadastre and Land Management) (see www.fig.net).
In 1994 the Commission established a Working Group to describe a
future cadastre in 20 years (Cadastre 2014) (Kaufmann and Steudler,
1998). Cadastre 2014 recognises the changing relationship of humankind
to land, the changing role of governments in society, the impact of
technology on cadastral reform, the changing role of surveyors in
society and the growing role of the private sector in the operation of
the cadastre. Importantly Cadastre 2014 emphasises the importance of
cadastres being complete and including all public as well as private
rights in the cadastre.
Cadastral reform and associated land titling and land
administration projects today still emphasise the key role of
documenting individual private rights in support of land markets.
However there is a growing recognition in many countries, in
organisations such as the United Nations and The World Bank, and with
land administration practitioners, that land administration, and
particularly the core cadastral system, has an equally important role
in supporting sustainable development objectives, rather than the
traditionally narrow focus on land markets (Wiebe and Meinzen-Dick,
1998). This resulted in the development of the joint United
Nations-FIG Bathurst Declaration on Land Administration for
Sustainable Development (UN-FIG, 1999; Williamson et al, 2000).
The Bathurst Declaration concluded that "most land
administration systems today are not adequate to cope with the
increasingly complex range of rights, restrictions and
responsibilities in relation to land, which are influenced by such
factors as water, indigenous land use, noise and pollution". In
short, land information and land administration systems need to be
re-engineered and to evolve to face the increasing complexity of the
humankind-land relationship. They will need to play a fundamental role
in facilitating and supporting the complex decision making that is
integral to sustainable development as shown in Figure 4. In short
sustainable development is just rhetoric without appropriate land
administration systems. (UN-FIG, 1999)
FIGURE 4: Land administration paradigm (UN-FIG,
1999)
Another useful article exploring this evolution is by Enemark
(2000).
THE DIMENSIONS OF CADASTRE
In designing a cadastral reform strategy it is first important to
recognise that almost every country will require a range of
different strategies depending on the relationship of humankind to
land in each individual region in the specific country. In
simple terms these arrangements include:
- Cities and urban areas, where active land markets operate on
titled land,
- Cities and urban areas, occupied by informal settlements
(squatter, illegal or low cost systems outside the formal or
regulatory structures),
- High value agricultural lands which are titled and are part of
the formal land market,
- Private untitled lands in rural areas and villages,
- Informal or illegal settlements in rural areas, especially in
government forests,
- Lands which are subject to indigenous rights,
- Lands in all categories which are the subject of claims from
previously dispossessed persons, and
- Government or state lands, reserves and forests and usually many
other forms of common property
To some degree these categories are common to all developing (and
many developed) countries.
The second consideration is that the relationship of humankind to
land is dynamic with the result that there is an evolution in
the each of these categories. None of these relationships stay
the same in the long term. They are affected by the impact of the
global drivers on the relationship of humankind to land such as
sustainable development, urbanisation, globalisation, localisation,
economic reform and environmental management. As a result a different
land administration response is required for each area or situation,
within an overall national vision or strategy. The categories of land
tenure can be considered a continuum of land tenure relationships in a
country where to some degree tenures evolve from undocumented
customary or informal tenures to documented or formal individual
private rights.
Third, the stage of development of the specific country has a major
influence on the appropriate form of land administration response, and
what is considered "best practice" for the individual
country. As an example, in simple terms in the Asian-Pacific area
there are four general categories of countries:
- Developed countries, such as Japan, Korea, Australia, New
Zealand and Singapore,
- Newly industrialised countries or countries in transition, such
as PRC, Indonesia, Thailand, Malaysia and the Philippines,
- Countries at an early stage of development such as Vietnam and
Laos, and
- Island states such as Fiji, Tonga and Vanuatu.
While each country has different development priorities, those in
each group do share some similar priorities. A complication is that
many countries do not fit easily into these categories with some
countries having aspects of all categories. But in general the stage
of development overall of an individual country does significantly
influence the choice of which land administration strategies are
adopted.
The combination of all these factors determine or at least strongly
influence the specific strategy or strategies adopted in reforming or
establishing the land administration system. These strategies draw on
the land administration "tool box" for their institutional,
legal, technical and administrative solutions.
For example there is a whole range of surveying and mapping
technologies and approaches depending on what is the stage of
development of the country and what is the major relationship of
humankind to land which is being surveyed or mapped. These options
include sporadic and systematic approaches, graphical and mathematical
surveys, different positioning technologies such as satellite
positioning or scaling off photomaps, different mapping technologies
such as satellite images, photomaps, topographic mapping and simple
cadastral maps.
In addition there is a range of options for recording land tenure
relationships. There are government guaranteed land titles, deeds
registration systems, title insurance systems, qualified titles (both
to boundaries and title), individual ownership and communal or
customary ownership.
For all these arrangements there are a range of technologies which
are again strongly influenced by the wealth and development of the
country. For example whether titles or deeds and cadastral maps will
be computerised or held as paper records or whether the Internet or
even wireless technologies can be utilised to access land records.
Institutional arrangements are influenced by the same factors;
whether the system is decentralised, deconcentrated or centralised; or
based on the level of education and training in a country. For example
if a country such as Indonesia wished to have a land administration
system supported by a land title and cadastral surveying system
similar to Australia, this could possibly require 40,000 professional
land surveyors and 30 or more university programs educating
professional surveyors (based on Steudler et al,1997). Clearly this is
not realistic in the short to medium term and as a result this
re-enforces the need to develop appropriate solutions matched to the
stage of development and specific requirements of the individual
country.
The cadastral options can be considered under the following
headings (Williamson, 2000a):
- Land policy options
- Land tenure options
- Adjudication options
- Institutional options
- Management options
- Spatial data infrastructure options
- Technical options
- Human resource development options
THE OBJECTIVE OF CADASTRES
Over the last 20-30 years the development of new or improved
cadastral systems have had a focus on the adjudication of individual
private rights, primarily in support of the establishment of a land
market (Deininger and Binswanger, 1999; de Soto, 1989 and 1999). This
focus is too narrow. Over the last decade there has been an increasing
focus on the documentation of public rights as well (including in
forests), specifically to meet environmental sustainability objectives
(Wiebe and Meinzen-Dick, 1998). At the same time there is also a
growing body of knowledge on the social benefits of providing access
to land and security of tenure (UNCHS, 2000).
The broadening role of cadastres can be seen in the objectives of
the current Greek National Cadastral Project (USD2+ billion over about
20 years) (Grant and Williamson, 2001) and the objectives for
establishing cadastres in Central European Countries in support of
accession to the EU (Bogaerts and Williamson, 2001).
In the case of the Greek cadastre the primary objectives are:
- Security of tenure of private rights and the operation of an
efficient land market (the ability to buy, sell, lease and
mortgage private rights in land);
- The determination of state lands (forests and coastal zone) and
all public rights;
- The establishment of a large scale (1:1,000 in uban and 1:5,000
for the whole country) cadastral infrastructure for Greece which
will facilitate planning, land valuation, equitable land tax and
sustainable environmental management.
- The establishment of a 1:5,000 digital orthophoto map base for
the nation
Figure 5 shows a framework explaining the role cadastres play in
the accession of Central European Countries to the European Union.
Importantly the framework links the establishment and maintenance of a
Common Agricultural Policy, institution building, the establishment of
a free market, the protection of human rights and the support of
environmental sustainability to the cadastre.
FIGURE 5: Framework showing the role of a cadastre
in the accession of Central European Countries to the European Union (Bogaerts
and Williamson, 2001)
KEY CADASTRAL REFORM STRATEGIES
There are many books and articles written about cadastral and land
administration "best practice" (refer to the references for
examples), however a number of key cadastral reform issues or
strategies stand out in recent years based on the author's experience,
as discussed below.
- The determination of a national land administration vision which
incorporates the central role of the cadastre. The vision should
address issues of private and public rights, land markets, natural
resource management, environmental sustainability, access to land
information in support of a civil society, and planning and land
taxation issues. In most countries there is a lack of a clearly
defined national land administration vision and strategy with
agreed targets. This results in an uncoordinated and piecemeal
approach to developing cadastral systems.
- A lack of capacity to develop appropriate land administration
systems, particularly in the cadastral, legal and information
technology areas. While there are often many well-trained
technical surveyors and lawyers, their training has usually not
been on building modern land administration systems, and
particularly modern cadastral systems. Also the very
multi-disciplinary nature of cadastre (surveying, mapping, law,
valuation, planning, administration, natural resource and
environmental management, public policy) means that it has been
difficult to establish education and training programs to support
the establishment of appropriate cadastral systems.
- Recognition that all cadastral systems including legislation,
regulations, government, professional and private sector
institutions, technical standards and directions continue to
evolve in perpetuity.
- Land administration reform should focus on processes such as
adjudication, land transfer and mutation (subdivision and
consolidation), rather than on institutions, legal and regulatory
frameworks or specific activities such as land registration or
cadastral surveying and mapping.
- Many developing countries or countries in transition have been
encouraged to develop a comprehensive multi-purpose cadastre at
one time, before a simple cadastre of basic property rights has
been created. There is little recognition of the difficulties and
time required to create even a basic cadastre. It has taken about
200 years for most developed countries to establish their land
markets and land administration infrastructure, and yet most still
do not have multi-purpose cadastral systems. A key to success is
to start simple but incorporate sufficient components to allow the
system to evolve and grow to serve multi-purpose uses in the
future.
- There is often lack of appreciation that building a land
administration infrastructure with an efficient cadastre at the
core is a long term strategy. There are few short cuts.
Establishing a cadastre is hard work which requires political
support, leadership, experience and dedication over a long period.
- Cadastral systems are often established in isolation to other
government organisations for political and financial reasons.
Cadastral systems are a core infrastructure of government and
society. The cadastre is the central component of a national
and/or state spatial data infrastructure (Williamson et al, 1998).
A key to success is the establishment of partnerships with other
agencies, particularly at the local government level.
CONCLUSION
The key to the success of establishing modern cadastres is to
remember that they are continually evolving in response to the
changing humankind to land relationship, that they must be driven by
the needs of users and that they "
are not ends in themselves.
They support effective land markets, increased agricultural
productivity, sustainable economic development, environmental
management, political stability and social justice." (UN-FIG,
1996)
ACKNOWLEDGEMENT
I am grateful for the support of the University of Melbourne, the
Delft Technical University of Technology and the Spatial Data
Infrastructure and Cadastral Research Group at the University of
Melbourne in the preparation of the article. (www.geom.unimelb.edu.au/research/SDI_research/)
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Environment and Urban Systems (In Press), 25p.
Williamson, I.P., Ting, L. and Grant, D.M. (2000). The Evolving
Role of Land Administration in Support of Sustainable Development - A
review of the United Nations - International Federation of Surveyors
Bathurst Declaration for Sustainable Development. The Australian
Surveyor 44(2) 126-135.
Williamson, I.P. 2000a. Land Administration "Best
Practice" - providing the infrastructure for land policy
implementation. Submitted to Journal of Land Use Policy, 19p.
CONTACT
Prof. Ian Williamson
Director, United Nations Liaison, International Federation of
Surveyors
Professor of Surveying and Land Information
The University of Melbourne
Department of Geomatics
Parkville
Victoria 3052
AUSTRALIA
Tel. + 61 3 9344 4431
Fax + 61 3 9347 4128
E-mail: ianpw@unimelb.edu.au
Web site: http://www.geom.unimelb.edu.au/people/ipw.html
14 April 2001
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