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LAS Chapter 3

Cadastre

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Getachew Demissie
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30 views24 pages

LAS Chapter 3

Cadastre

Uploaded by

Getachew Demissie
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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Chapter 3: Cadaster and Land Registration

The International Federation of Surveyors defines a


cadaster as:
 A parcel based and up-to-date land information
system containing a record of interests in land
(e.g. rights, restrictions and responsibilities)
 A cadastre is an official register showing details of
ownership, boundaries, and value of real
property in a district, made for taxation purposes.
 A cadastral map displays how boundaries subdivide
land into units of ownership.
 The cadastre is used as the foundation for dealings in:
• Land valuation and taxation
• Land registration and land transfers
• Land use planning
• Sustainable development and environmental
protection
• Mapping
• Management of leases and licenses
• Electoral boundary determinations, and
• Other land based administrative purposes
Types of Cadaster
These are :
1. Juridical cadaster: defined by ownership
2. Fiscal cadaster: describes taxable area of
land
3.Land use cadaster: related with particular
activities on the land
4. Multipurpose cadaster
Cadastral Infrastructure Supports Land
Registration:
• Land Tenure System
To secure legal rights in land such as titles,
mortgage and easements (legal right to use
another person’s property) eg. electric pole on the
edge of land
• Land Value System
To assess the value of land and properties and to
levy land taxes
• Land-Use Control System
 To enable comprehensive and detailed land use
planning
• Land Development System
 To enable regulation and implementation in
change of land use.
The cadaster as an engine of LAS - the “butterfly” diagram (Williamson and others,
2010)
Information on Cadaster
Land Registration

Land registration is the official, systematic


process of managing information about land
tenure
It is exclusively concerned with ownership;
It operates within a strict legal framework;
It may not cover a whole country since not all
citizens may choose to register their lands.
1. Booking principle: implies that a change in real rights
on an immovable property is not legally effected until the
change or expected right is booked or registered in the
official land register.
2. Consent principle: implies that the real entitled person
registered in the register must give his / her consent for a
change of the inscription in the land register.
3. Principle of publicity: implies that the legal registers
are open for public inspection and that published facts be
upheld as being correct by third parties in good faith so
that the law can protect them.
4. Principle of specialty: implies that in land registration
and consequently in the documents submitted for
registration, the concerned subject (man) and object (real
property) must be unambiguously identified.
Categories of land registration systems
1. Registration of Deeds:
 Deed registry shows “who owns what”
based on the deeds
 It records names of the parties rather than
the parcel
 It is a register of legal documents evidencing
transactions.
 It is used for geographical description of
parcels instead of cadastral maps.
 It was developed hundreds of years ago to
prevent double selling of land
Limitations of Registration of Deeds
Registers documents, NOT title
Records an isolated transaction e.g. owners’
name vs parcel
Information may be inconsistent or incorrect
Descriptions often in error or outdated
Ways to Improve Deeds Registration
Parcel-based
Improve survey methods
Examination of documents
Improve record keeping
Automated indexes and Abstracts of Title
Qualified titles i.e. whether with/without
survey
2. Registration of Title:
 This system was first introduced in Australia, in
1858, by Sir Robert Torrens.
 Torrens believed that a land register should
show the actual state of ownership, rather than
just provide evidence of ownership.
 A register of properties presenting “what is
owned by whom”.
 Title registry is parcel based, therefore cadastral
maps are used for identification of parcels.
 Both registered titles and property boundaries
(fixed) are guaranteed by the State.
Principles of Title Registration
 Mirror principle: the register accurately and
completely reflects the state of the title;
 Curtain principle: the register is the sole source of
title information.
i.e. curtain effect that blocks out all former
transactions so there is no need to go back
beyond current record.
 Insurance principle: the state is responsible for the
accuracy of the register and to provide
compensation in the event of error.
When and where Land Registration is Desirable?
 Where land title insecurity, uncertainty, or inadequacy
restrains development;
 Where there is early development of a market in land;
 Where there is a high incidence of disputes concerning
land;
 Where there is a need to establish a credit base;
 Where a redistributive land reform is intended.
Conditions Essential for the Success of LR
Landowners and others must generally
understand and support the system's
introduction;
Government must appreciate the expense and
duration of the operation;
Property rights and property boundaries must
be clearly recognizable and definable;
Qualified survey and registry staff must be
available;
A developed system of property rights must
exist
Criteria For Successful Land Registration System
Security
Simplicity
Accuracy
Speed
Cheapness
Suitability to circumstances
Completeness

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