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Introduction To Cadastre

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0% found this document useful (0 votes)
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Introduction To Cadastre

cadaster

Uploaded by

yohanisbusha
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Introduction to Cadastre

A cadastre (also spelled cadaster) is a comprehensive land recording of the real


estate or real property's metes-and-bounds of a country. In most countries,
legal systems have developed around the original administrative systems and
use the cadastre to define the dimensions and location of land parcels
described in legal documentation. A land parcel or cadastral parcel is defined as
"a continuous area, or more appropriately volume, that is identified by a unique
set of homogeneous
property rights". In the United States, Cadastral Survey within the Bureau of
Land Management (BLM) maintains records of all public lands. Such surveys
often require detailed investigation of the history of land use, legal accounts,
and other documents. The cadastre is a fundamental source of data in disputes
and lawsuits between landowners. Land registration and cadastre are both
types of land recording and complement each other
why cadastral Surveying is Important
Below are some of the reasons why cadastral survey
1. Property Boundaries: It establishes and defines property boundaries, which helps prevent disputes between
landowners. Accurate boundary delineation is essential for legal ownership and land rights.

2. Land Use Planning: Cadastral surveys provide essential data for urban planning, zoning, and land development.
They help governments and planners make informed decisions about land use and infrastructure development.

3. Taxation and Valuation: Accurate cadastral information is vital for property taxation. It helps local governments
assess property values and ensure fair taxation based on land size and usage.

4. Legal Documentation: Cadastral surveys produce legal documents that are necessary for property transactions,
such as sales, leases, and mortgages. These documents are crucial for the protection of property rights.
5.Real Estate Transactions
In the realm of real estate, cadastral surveys are invaluable. When buying or selling property, accurate information
about boundaries and ownership is crucial for a successful transaction. Cadastral surveys provide potential buyers
with the assurance that the property they are investing in aligns with the advertised boundaries. Likewise, sellers
can confidently present verified information to potential buyers, increasing trust and transparency in the
transaction process.
6.Land Management: Cadastral surveying supports effective land management by providing data that
can be used for resource management, environmental protection, and sustainable development.

7 Public Records: Cadastral surveys contribute to public land records, ensuring transparency and
accessibility of land information to the public, which is vital for real estate transactions and legal
matters.

8. Disaster Management: In the event of natural disasters, accurate cadastral data can help in
assessing damage, planning recovery efforts, and managing land use in affected areas.

9. Historical Record: Cadastral surveys create a historical record of land use and ownership, which can
be important for cultural heritage preservation and understanding land use changes over time.
Explain Ethiopian legal aspects of cadaster.

Article I
I, Minilik II, Emperor of Ethiopia, have authorized my country men and foreigners, for whom 1 have given a special
law, to buy land in the town of Addis Ababa, but they must not transgress this law.
Article II
The Government shall assess the amount of money to be paid for a certain area of Government land depending on
its value.
Article III
Individual holders may sell their holdings in accordance with the provision of this law.
Article IV
All measurements of land shall be square meters. A square meter shall mean an area of land one-meter long by
meter wide.
The 1907 First Land Related Proclamation Recognized Private Ownership
The 1931 & 1955 first & revised Constitutions further secured Citizens the Right to Keep the Land they Own
During Haile Sellasse I, both the 1931 constitution and the 1955 revised constitution further guaranteed all
Ethiopians the right to keep the land they own.
Emperor Menilik who issued a decree that brought legislation to initiate the first cadastral survey in Addis Ababa
in 1909
Clarify fiscal cadaster in terms of Establishing control point
A fiscal cadastre is a system that records and manages information related to land and property for taxation
purposes. It includes details about land ownership, property boundaries, land use, and the value of properties,
which are essential for determining tax liabilities. When discussing the establishment of control points in the context
of a fiscal cadastre, several key aspects come into play:

▎1. Definition of Control Points:

Control points are specific, well-defined locations on the ground that serve as reference points for surveying and
mapping activities. They are critical for ensuring accuracy in the measurement and delineation of property
boundaries.

▎2. Role in Fiscal Cadastre:

• Accuracy: Control points provide a reliable framework for measuring property boundaries accurately. This is
essential in a fiscal cadastre to ensure that property assessments are fair and based on precise measurements.
surveys and over time. This is important for updating property records and ensuring that changes in ownership or
land use are accurately reflected.

▎3. Establishing Control Points:

• Surveying Techniques: Control points are typically established using precise surveying techniques, such as GPS
(Global Positioning System), total stations, or traditional triangulation methods. These techniques help determine
the exact coordinates of each control point.

• Geodetic Framework: Control points should be integrated into a larger geodetic framework that provides a
consistent reference system for all surveying activities. This framework is crucial for ensuring that all land
measurements are compatible with one another.


4. Integration with Fiscal Cadastre:

• Mapping and Data Collection: Once control points are established, they can be used as reference markers for
mapping parcels of land. This mapping is essential for creating accurate property records within the fiscal cadastre.

• Property Valuation: Accurate control points help assess the value of properties based on their size, location, and
other characteristics. This valuation is necessary for calculating property taxes.

• Dispute Resolution: In cases of boundary disputes or disagreements over property lines, control points provide an
objective basis for resolving conflicts by offering clear reference locations.In summary, establishing control points is
a foundational aspect of creating a reliable fiscal cadastre. These points enhance the accuracy and integrity of
property measurements, which are critical for effective land management, taxation, and dispute resolution.
In summary, establishing control points is a foundational aspect of creating a reliable fiscal cadastre. These points
enhance the accuracy and integrity of property measurements, which are critical for effective land management,
taxation, and dispute resolution.
Clarify fiscal cadaster in terms of Registering land parcel
In a fiscal cadaster system, registering land parcels is the critical process that links spatial information about
land ownership with its monetary value for taxation purposes. Here's a clarification:
The Central Role of Land Parcel Registration in a Fiscal Cadaster
The primary objective of a fiscal cadaster is to generate revenue through property taxes. To achieve this
efficiently and fairly, it requires accurate and comprehensive information about each individual land parcel.
This information is primarily gathered and managed through a robust land parcel registration system. This isn't
merely about recording ownership; it's about creating a detailed, verifiable record to support accurate
valuation and tax assessment.
Key Aspects of Land Parcel Registration within a Fiscal Cadaster:
• Precise Boundary Definition: The registration process begins with the precise definition of each parcel's
boundaries. This involves surveying and mapping techniques to accurately determine the parcel's location and
dimensions. Accurate boundary definition is paramount because the area of a parcel is a primary determinant
of its value and thus its tax liability.
• Clear Identification of Owners: The register clearly identifies the legal owner(s) of each parcel. This is crucial
for determining who is responsible for paying property taxes. The register serves as a legal record of
ownership, minimizing disputes and ensuring that tax bills are sent to the correct individuals or entities.
• Comprehensive Property Characteristics: Land parcel registration goes beyond simply defining boundaries and
identifying owners. It also records various characteristics relevant to valuation, including:
* Land Use: Residential, commercial, industrial, agricultural, etc. Different land uses have significantly different value
implications.
* Improvements: Structures (houses, buildings, etc.) and other improvements on the land greatly increase its value.
Details about these improvements (size, quality, age) are essential.
* Soil Type and Quality: Crucial for agricultural land, influencing its productivity and value.
* Accessibility and Location: Proximity to roads, infrastructure, utilities, and amenities affects a property's desirability
and value.

• Support for Valuation: The comprehensive data in the land parcel register is directly used in the valuation process.
Assessors utilize this information to apply appropriate valuation models, taking into account the specific characteristics of
each parcel.

• Regular Updates and Maintenance: Land parcel registration isn't a one-time event. The register must be continuously
updated to reflect changes in ownership, land use, improvements, and other relevant information. This dynamic updating
ensures that tax assessments remain current and fair.
• Legal Validity and Dispute Resolution: The information within the land parcel register serves as legal evidence of
ownership and property boundaries. This is crucial for resolving disputes and ensuring the legal validity of tax
assessments.
Challenges in Land Parcel Registration for Fiscal Cadasters:
Despite its importance, challenges exist in maintaining accurate and up-to-date land parcel registers:
• Data Accuracy: Inaccurate surveys or incomplete data lead to flawed valuations and unfair tax assessments.
• Data Maintenance: Keeping the register current requires ongoing effort and resources, and neglecting this can lead to
significant inaccuracies over time.
• Data Accessibility: The register should be readily accessible to both taxpayers and tax authorities.
Difficulties in accessing this information can create inefficiencies and potential disputes.
In essence, a robust and accurate land parcel registration system is the backbone of an effective fiscal cadaster.
It provides the fundamental data needed for fair, accurate, and efficient property tax assessment, underpinning the
equitable operation of the taxation system.
Clarify fCiscal cadaster in terms of Registering 3D cadaster
Integrating a 3D cadaster into a fiscal cadaster system represents a significant advancement in property
valuation and tax assessment, moving beyond the limitations of traditional 2D approaches. Here's a
clarification:
The Role of 3D Cadaster Data in a Fiscal Cadaster:Traditional fiscal cadasters rely on 2D representations of land
parcels, primarily focusing on surface area. A 3D cadaster adds a crucial dimension by incorporating vertical
information, leading to a more comprehensive and accurate assessment of property value. This is particularly
beneficial in urban environments with complex structures and multi-story buildings.

How 3D Cadaster Data Enhances Fiscal Cadaster Functions:


• More Accurate Valuation: The key advantage is a more accurate determination of property value. A 3D
model captures the full extent of a property, including:

* Building Volume: The total volume of buildings on the parcel directly influences its value. Multi-story
buildings are far better captured in a 3D model than in a simple 2D area calculation.

* Above-Ground Improvements: Rooftop additions, balconies, and other structures that add to the usable
space and therefore the value are accurately accounted for.
* Subsurface Features: Basements, underground parking, and other features below ground that contribute to
property value can be included.
* Airspace Rights: In certain contexts, rights to use the airspace above a property may be valuable and are
• Improved Equity and Fairness: More accurate valuations ensure greater fairness and equity in the tax system. The
ability to capture the full extent of a property eliminates discrepancies that can occur with 2D systems, particularly in
complex urban environments.
• Better Handling of Complex Properties: 3D models excel at representing complex properties with multiple structures,
mixed-use areas, or unusual geometries. This improves the accuracy of the valuations for those properties.

• Supporting Urban Planning: The 3D data generated for the cadaster also has significant value beyond tax
assessment. It can support urban planning, infrastructure development, and environmental management efforts. This
kind of data is increasingly important for smart city initiatives.
• Data Integration: Integrating 3D data requires advanced GIS (Geographic Information Systems) capabilities. The 3D
models need to be linked to the existing cadastral data and valuation systems. This integration will often require
significant investment in technology and training.
Challenges of Implementing 3D Cadaster in Fiscal Systems:
• Data Acquisition: Collecting 3D data requires advanced surveying techniques (LiDAR, photogrammetry, etc.), which
can be expensive and time-consuming.
• Data Processing and Storage: Managing and processing large 3D datasets requires substantial computing power
and specialized software.
• Data Integration: Seamless integration of 3D data with existing 2D cadastral and valuation systems is crucial but
can be a complex technical challenge.
• Legal Frameworks: Legal frameworks may need to be updated to address issues related to air rights, subsurface
rights, and the legal implications of 3D property boundaries.

• Cost: The initial investment in hardware, software, training, and data acquisition can be substantial.
Despite these challenges, the benefits of a 3D cadaster integrated into a fiscal cadaster system are significant, leading
to more accurate valuations, a fairer tax system, and valuable data for urban planning and management. The
transition will require careful planning and investment in technology and expertise.
Lot and Range…
This method is primarily associated with the Public Land Survey System (PLSS) used in the United States to
systematically survey and subdivide large tracts of land. A "lot" refers to a smaller subdivision within a section,
while a "range" is a series of contiguous townships running north-south. A complete description would include:
• Principal Meridians and Base Lines: These are the starting points for the survey grid.
• Townships: Six-mile square areas, numbered north and south from the base line.
• Ranges: Six-mile wide areas, numbered east and west from the principal meridian.
• Sections: One-mile square areas, numbered within each township.
• Lots: Subdivisions within sections, often irregular in shape.
A full description might look like: "Lot 3, Section 12, Township 2 North, Range 3 West of the 5th Principal
Meridian."

Arpent Parcels…
The "arpent" is an old unit of land measurement, varying slightly in size depending on the region (approximately
1.2 acres or 0.49 hectares). This method uses the arpent as a basic unit of measurement to define a property. The
description would need to include:
The "arpent" is an old unit of land measurement, varying slightly in size depending on the region
(approximately 1.2 acres or 0.49 hectares). This method uses the arpent as a basic unit of measurement to
define a property. The description would need to include:
• Number of Arpents: The total area in arpents.• Dimensions and Boundaries: Precise dimensions and
descriptions of boundaries (e.g., bearings, distances, and references to natural features).
• Location: Often referencing other landmarks or known locations.
A complete description could be: "Ten arpents, more or less, bounded on the north by the River X, on the east
by the property of Y, on the south by Z road, and on the west by a line of trees."

Area on One Side of a Described Line…


This is a less precise method, potentially ambiguous. It describes a property as all land lying on one side of a
defined line. To be useful, the description needs to specify:
• The Described Line: Precisely defined boundary line (bearing and distance, or reference to a specific
feature).
• Which Side: Clearly stated whether the property lies to the north, south, east, or west of the line.
• Limits (often implicit): Implicitly, this needs other defining lines or features to completely define the
property's boundaries, or it will be an infinitely large area.
trip Descriptions…
This method defines a property as a long, narrow strip of land. The complete description must include:
• Width: The width of the strip.
• Length: The length of the strip.
• Direction: The bearing or direction of the strip.
• Location: Beginning and ending points must be precisely referenced.
Example: "A strip of land 100 feet wide, running north-south for 1500 feet, commencing at the intersection of A
Street and B Road."
Description by Reference to Name of Occupant or Owner…
This is a highly informal and imprecise method relying on the name of the person who occupies or owns the land.
This method is unreliable because:
• Ambiguity: Multiple people may share the same name.
• Changes: Ownership may change.
• Lack of precision: Doesn't provide definitive boundary details. This should be avoided in official land descriptions.
Plan Reference…
This method refers to a recorded plat map or survey plan showing the property boundaries. The description needs:
• Plan Identification: Unique identifier (plan number, date, registry information) of the registered plan.
• Lot or Parcel Number: The specific lot or parcel number shown on the plan.
• Registration Details: Reference to the office or registry where the plan is recorded.
Description by Reference to Name or Number of Tract…
Similar to using the owner's
name, this relies on a previously assigned name or number for a larger tract of land. It is inadequate because it lacks precision
and requires further details to define specific property boundaries within that tract.
Description by Reference to Description in Other Grant or Conveyance…
This method incorporates the description from a previous deed or legal document. To be valid, it needs:
• Precise Reference: Specific details about the prior document (date, grantor, grantee, document number).
• Verification: Confirmation that the referred-to document accurately describes the property.
The evolution of land description methods reflects a shift towards increased accuracy, precision, and standardization. The older,
less formal methods are prone to errors and ambiguities, while modern systems utilize sophisticated surveying techniques and
digital records for clear and unambiguous land descriptions.
.

CONCLUSION

Cadastral surveying deals with gathering information about land parcels, including their
boundaries, ownership, and value. It involves determining parcel boundaries through field
surveys and mapping to establish legal ownership. A cadaster typically includes maps
showing parcel boundaries and locations along with a register containing ownership and
other attribute information for each parcel.
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