Role of the Government in Land Cadastre

Text 5C

Different Cadastral Issues

Text 5B

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There are a number of legal, technical, and operational cadastral issues that must be resolved according to the needs and constraints of each country or jurisdiction. Some of these are:

Documentation of informal or customary rights is sometimes connected to the establishment of land markets. In other cases the aim can be a document of а customary tenure system for land management purposes without changing the nature of the system or tenure relationships. In both cases it is essential that such reforms are only started after careful investigations of the need for and the consequences of the reform.

Land registration is the official recording of legally recognized interests in land and is usually a part of a cadastral system. From a legal perspective a distinction can be made between deeds registration, where the documents filed in the registry are the evidence of title, and registration of title, in which the register itself serves as the primary evidence. Title registration is usually considered as more advanced registration system, which requires more investment for introduction, but provides in principle greater security of tenure and more reliable information. Title registration usually results in lower transaction costs than deed registration systems thereby promoting a more efficient land market.

Land registration (land titling) can be undertaken sporadically at the time of each legal transaction or systematically, area by area. While the sporadic approach gives more immediate benefits to individual land holders, the systematic approach provides a wider range of benefits more quickly, especially if the land registry is a part of a more comprehensive land information system.

The basic unit in a Cadastre is known as the parcel. A parcel can be an area of land with a particular type of land use, or an area exclusively controlled by an individual or a group. A property may consist of several parcels. The flexibility of the definition of a parcel makes it possible to adapt the cadastral system to various circumstances, for instance to include large parcels to represent the interests of land use in traditional tenure systems.

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The Cadastre is a public land information system and should therefore be managed or supervised by the Government. In some countries, new organizational arrangements for the implementation of systems are being investigated, such as joint ventures or partnership between government and the private sector, or contracting out specific activities to the private sector. In other countries, the cadastral organization has become more independent in terms of management and financing from government budgets. In both cases a more direct financing of cadastral operations is sought through cost recovery or even to generate government revenue. However this can replace basic governmental investments in spatial infrastructure such as a national coordinate system.

The Cadastre is a land information system, usually managed by one or more government agencies. Since information about land parcels is often needed by many different users, a unified Cadastre helps to avoid duplication and assists in the efficient exchange of information.

A Cadastre must be demand driven; that means fulfil the demands of its clients and that it needs to be coordinated with other land information system.

The Cadastre supports the public administration of land. The information in the Cadastre can be used for the formulation, implementation and monitoring of land policies, such as those concerning land redistribution, land consolidation, land acquisition and allocation, and land markets.

Cadastral data should be accessible to the general public. However the cadastral system must include measures to protect individual and private interests from misuse of the information provided. A successful Cadastre should provide security of tenure, be simple and clear, be easily accessible, and provide current and reliable information at low cost.

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Дата добавления: 2014-12-27