Erik Stubkjær
Course: International Land Management
Institute of Real Estate Studies, HUT, Finland
October 2001
     

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:

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 ?

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

The presence in the field of prescribed boundary marks may have legal implications.
 

Criteria 3: How is the organization of land administration ?
 

  • central governmental
  • governmental (central and local)
  • mixed (public and private)
  • cadastre and land registry in two organizations
  • united into one organization
  • mixed form, e.g. with joint local offices

C. Classification of land registry systems

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:


D. Professions and human resources

The following professions and ocupations may play various roles in property transactions:

Dale & McLaughlin