Erik Stubkjær |
Course: International Land Management
Institute of Real Estate Studies, HUT, Finland
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October 2001
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Elements of Land Management
A. Land tenure, Classification of
B. cadastre and
C. land registry,
D. Professions
A. Land tenure
is the relation between person (owner), land and society.
Henssen
(1995) mentions the following tenure systems:
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Anglo-American "in theory feudal"
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Continental European (allodial system, ownership basically independent)
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Socialistic (Public ownership, individual right of use, planning for optimal
use of land)
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Islamic (ownership/stewardship defined by religious world view)
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Customary law (community based rights; non-written rules)
The development of the Continental European system is described by Stig
Strömholm (1974) Det juridiske systembegreppets uppkomst och utveckling
Tidsskrift
för Rettsvitenskap Hft 3 - 1974, 225 - 244.
B. Classification of cadastres
Criteria 1: How is the parcel identified ?
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The English group: Parcels relate to topographic map (England, Ireland,
Nigeria)
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The German group: Parcels are identified by cadastral map (German speaking
countries, S, DK, Egypt, Turkey)
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The Torrens group: Parcels relate to available maps and sketches (Australia,
New Zealand, Morocco, Tunisia, Syria)
Henssen mentions the following criteria for a parcel identifyer: Simple,
easy to understand, unambiguous, reliable, and flexible (that is compatible
with various parcel oriented information systems).
Note that besides the identification of parcels you need
a definition of the unit of record. The unit of record may be the
real property, but the meaning of that term is likely to be complex, and
depend on the tenure system concerned, cf. section A above.
Criteria 2: Legal implication of boundary
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General boundary system: Evidence in the field determines
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Fixed boundary system: Boundaries determined by measurements (coordinates).
No adverse possession.
The presence in the field of prescribed boundary marks may have
legal implications.
Criteria 3: How is the organization of land administration ?
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central governmental
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governmental (central and local)
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mixed (public and private)
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cadastre and land registry in two organizations
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united into one organization
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mixed form, e.g. with joint local offices
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C. Classification of land registry systems
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The deed registration system. Deed = document. Judge registers document,
but registration constitutes no proof of ownership. Risk may be compensated
through insurance.
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The title registration system. Title = property right. The land
registry in principle records the rights, rather than the documents.
Several mixed forms exist. In Denmark the agreement takes effect 'inter
partes' when the deed is signed. Effect regarding third parties is achieved
through registration. The deed, not the right, is recorded, but the official
(judge) investigates, whether the seller is entitled to sell according
to registered information. In case of errors, the government may compensate.
Other variants may be described by investigating whether the following
principles hold or not:
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the speciality principle: Subject (owner) as well as object (parcel)
must be systematically identified in the deeds
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the booking principle: Agreement takes effect only by recording
in land registry
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the consent principle: Rights can be transferred only by a subject,
who according to land registry is entitled to do so.
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the publicity principle: The data of the land registry are available
to the public.
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the curtain principle: The information of the land registry is trustworthy,
no further investigations are needed.
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the guarantee principle: In case of errors, the government compensates
a holder of right, who is in good faith.
D. Professions and human resources
The following professions and ocupations may play various roles in property
transactions:
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Notary, lawyer
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(Chartered, licensed) Surveyor
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Registrar, judge
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Valuar, property broker
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Information Technology Manager
Dale & McLaughlin
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2. Land tenure, property and development
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4. Land registration
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5. Surveying and mapping
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12. Human resources management
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.. Controlling corruption
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.. Education and training
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The role of professional associations