Land Administration Systems - Term Paper Example

Land Administration systems Name Institution Course Lecturer Date Table of Contents Executive Summary..........................................................................................................3 Introduction......................................................................................................................3 Justification of framework.................................................................................................4 Cadastral Template and its Attributes.................................................................................5 Comparing and Contrasting Land Administration Systems.................................................6 Conclusion.........................................................................................................................11 References..........................................................................................................................12 Executive Summary A key aspect of proper governance is a land administration system that is effective. The government of each nation has the key task of ensuring that land, a resource that is scarce and a vital factor of production is handled in an appropriate manner. Following the great strides made in the technological field, it is continuously becoming possible to have accurate means of handling the data that pertains to land.  How each nation is able to make use of the land it has at its disposal will determine whether or not it shall be able to meet the demands of its citizens. Each nation is thus tasked with the responsibility of adopting systems of land administration that shall be of greatest use to its natives. This article aims to look at land administration systems in two nations that are different geographically and the impact that they have on them. These countries are Denmark and Australia. See figure 1 for their locations. Figure 1: map shows the locations of Australia and Denmark source from http://www.mapsofworld.com/world-political-map-2000px.pdf Introduction In the Western European countries they make use of land administration systems made from a cadastral map which was initially made as a basis for taxation and valuation of land depending on how the land is used. This led to a strategy where we view land from a whole to a part. In contrast, in the n systems they lay the focus on the markets. They have their roots in a Torrens system where registration of titles is designed to cater for the transfer of parcels of land individually. Here we move from part to whole.  The land administration systems thus are not able to adequately support the decision making and management that is necessary to deal with major environmental, economic as well as social issues. It becomes a challenge to reach full potential in unlike in the European nations. ( Bogaerts and Zevenbergen 2001 ). Land administration systems have continued to undergo testing against an upcoming vision of a model that is likely to be appropriate for economies that are developed as well as those that are in the process of developing. Key aspects that have pushed for the above are globalization and development of technology. This supports the process of establishing information systems that are multifunctional and they incorporate different land rights, regulations as well as other relevant data. Another important driver is sustainable development. This leads to an increase in demand for information about the environment that is comprehensive. People and organizations have also played a key role in the way the land administration systems work. (Bogaerts, Williamson  and Fendel 2002). The cadastral system shall be adopted in the study of the two nations Denmark and Australia. It is applicable in this particular case for a variety of reasons. It takes into consideration key aspects that our study intends to discuss. These include aspects such as the value of land, the land tenure as well as how the land may be developed or used. ( Bogaerts and Zevenbergen 2001 ). Justification of Use of Cadastral Template There are a variety of frameworks that one may use for the sake of evaluation of Land administration Systems that are adopted by different countries. These include frameworks such as Steudler’s framework, Cadastre 2014 Document, the Cadastre Template and many more. One may also choose to adopt their own evaluation framework to evaluate the Land administration Systems of given nations. In this case, however, I have made use of the Cadastral Template as opposed to other frameworks for a variety of reasons. ( Williamson andTing  2001). First, it is able to address properly the differences that exist between Denmark and Australia. These two nations are quite different geographically and politically. They vary in terms of where they are located, their size and the kind of history that they have. This in turn has had a remarkable impact on the kind of policies that they have adopted. The Cadastral template is able to capture the differences as required. Secondly, these nations differ in terms of how well and how much they have adopted technology in the Land Administration policies. One nation as it shall be demonstrated appears to have embraced the use of technology to its own benefit. The Template is able to capture this as desired. Finally, there are internal factors such as capacity building that has had an impact on the nature of policies adopted by the nations. The Template is able to address these effectively. ( Williamson andTing  2001). Cadastral Template and its Attributes The fundamental building block of a given land administration system is the parcel of land as pointed out in the cadastre. This is based on a parcel; it has accurate land information system such as responsibilities and rights. It may be set up for purposes of equitable taxation and valuation, facilitation of sustainable development as well as improvement of the environment. In the present, majority of the cadastral registers are associated with taxation and securing the legal rights of a particular parcel of land. Globally, the cadastral systems are different especially when we consider the component of land registration. However, two systems are possible to identify. The system of titles and that of deeds. In the deeds system we have a register of the owners. The major attention is laid on who owns what. In the title system we register the property. The focus shifts on what is owned by whom. The registration of deeds has its roots in the culture of the Romans. It is thus common in the Latin culture of those who dwell in the European countries such as France, Spain and Italy. It is also common in the United States. The registration of titles, on the other hand, has its roots in the culture of the Germans. It is common in Austria, Germany and Switzerland. The cadastral systems help administration in three areas. (Bogaerts, Williamson and Fendel 2002). First is Land tenure. This puts into account several concepts. The legal survey that aim at determining boundaries of parcels, transferring property from one individual to another, how land may be used as security, how doubts regarding rights and parcels may be settled. Secondly, we consider Land Value. Here the focus is on how the value of land may be assessed, how revenues may be raised through taxation; how to settle disputes that arise as a result of assigning value to a parcel of land or taxation. Thirdly, we consider land use. This shall put into focus how land use may be controlled by adopting policies meant for planning as well as how it may be used locally and regionally. A consideration is also made on how land use regulations may be enforced as well as conflicts that arise from use of land. Finally, we consider Land Development. This is in regard to the building of infrastructure, how to implement construction planning and how there can be a change in terms of how land is used by the issue of permits as well as how complaints and disputes can be settled. The above are all related to each other. Economic and physical application of land has a great bearing on the value of the land. The value is also affected by use of the land in future. This is determined by the regulations that are put in place, the zoning of the land and the process of granting processes. Information on property and land gives the fundamental infrastructure that is necessary to run systems that are interrelated. The information about the land ought to be organized in such a way it combines cadastral as well as topographic data thus linking the environmental that has been built with the natural environment. The designing of proper systems in regard to land tenure and the value of land ought to lead to establishing a land market that is able to support trade in commodities that are complex. This design of systems that are adequate as far as control of land use and land development is concerned is supposed to lead to effective use of land.  (Williamson 2011). A modern land administration system does its role in an environment of land policies that are adopted to accomplish political objectives as far as land issues are concerned. It gives concrete information of individual parcels of land. It ought to meet the needs of the individual as well as those of the entire community.  There are the benefits that arise as a result of its use to guarantee security, ownership, facilitation of land transfers as well as supporting asset management. In this format it acts as a society’s backbone. For ambitious goals to be achieved there has to be commitment to come up with designs and implement land administration infrastructure that may be viewed as effective. This is in regard to processes, standards, organizations and the relevant technology that is necessary to ensure the allocation, the transfer and the use of land. In the same vein, there   has to be commitment to maintain and upgrade land administration infrastructure.  (Williamson  2011). Comparing and Contrasting the Systems in Australia and Denmark Denmark In 1844 using the enclosure movement, the Danish Cadastre was established. The chief goal was to collect land taxes from those that engaged in agriculture depending on how much the soil yielded. A cadastre was made up of two parts, the cadastral maps and the cadastral register. Denmark is located in the European Union. It has a population of about five million people of which a third live in the Greater Copenhagen. It has an area of forty three thousand square kilometers it is a low lying country. Ten percent of it is urban; twelve percent is forest while sixty seven percent is agricultural land. It has a coastline of seven thousand three hundred kilometers. ( Williamson andTing  2001). The land administration system of Denmark is made for an approach that is decentralized. It places the power to make decisions at the regional and mainly at the local level. This system supports development that is sustainable. It does so through the use of a land market that is efficient and proper use of land. Land Policy in Denmark The policies that are related to land are stipulated in part by the constitution. We have other laws that are more general in nature like the Subdivision Act and the Land Registry Act. There is a fundamental land policy that is founded upon the Planning Act. This Act has established a general zoning that divides the entire country into three zones. These are urban, rural and recreational zones. This gives low value to the land in the rural areas. Here, no developments may be made since the land is reserved for agricultural and forestry use only. The goal is to ensure that there is limited land development in the rural areas and important landscapes are preserved. There are sectoral land policies which have a requirement that every agricultural property must be operated according to environmental and agricultural considerations. Land protection is only abolished once a piece of agricultural land has been made into urban land. ( Williamson andTing  2001). Component of Land Information In Denmark, the above concept is put as a network of systems that contain the information that is most relevant. Between 1984-1986, the Cadastre register was computerized. The goal is to minimize duplication, minimize the cost of spatial information, to provide better quality as well as to make it easier to access the spatial data. Though the basic maps and the registers have been digitized, the cooperation structures are not capable of supporting proper use of spatial data since they are too informal. (Williamson  2011). Land Administration Functions First we have the land tenure and cadastral systems. Legal rights to own land, lease and ease it are put down in the Land Book. The surveying that is done for legal purpose is done by surveyors.  The Land Book is established upon the cadastral concept of identifying parcels of land. When you transfer land you enter into the Land Book using the deed’s number. Second, we have land value. The Ministry of Taxation is responsible for the duty of valuing land and property. It is a must that sales prices of property be recorded.  The value of property is gauged as the entire market value of the property. This includes buildings and land. Machinery, animals and furniture are not included in the valuation. The tax is levied depending on the market value of the land. Third, we consider the land use and development. The policy is to make sure that the plans that are implemented do not contract the decisions that are made at higher levels. Municipal councils are in charge of the planning at municipal level. They plan the neighborhoods and grant building permits. Challenges and Barriers There exist challenges and barriers at each level. At the management level there are strategic aspects that ought to be considered as far as the institutional framework and cadastral infrastructure is concerned. At the operational level, there is a need to fine tune concepts of property with regard to the cadastre, the valuation register as well as the Land Book. An interface that is user-friendly ought to be developed to make it easy to access crucial land information. (Enemark, Williamson and Wallace 2005). Australia The cadastre is a development that occurred recently. It was influenced largely by the advent of new technology as well as administrative arrangements. It was initially a part of New South Wales. However, it was set apart in 1851. It is one of the states that make up . It has a population of about five million people. Close to four million of those people live within fifty kilometers of the coast. It has an area of about two hundred thousand square kilometers and it occupies close to three percent of the land mass of . (Enemark, Williamson and Wallace 2005). It is densely populated considering that it has a population of about five million people living in a relatively small area of land. It is five times larger than Denmark. It is common practice for people to own homes. By the year 2001, seventy five percent of the places of residence were mortgaged or they were owned outrightly. The settlement of people is such that they live relatively close to each other and so native title land is eliminated virtually. Local services are delivered by the local councils. However, the land administration system is state based.( Enemark, Wallace and Rajabifard  2010). The Policy of Land Component The Australian government did not announce its land policy formally.  It had one third of its land as Crown Land, which is a total of seventy thousand parcels. Sustainable development made it necessary to develop a robust system. The marine lacks a proper regulatory framework which has large gaps. The fresh water titling is in the process of being executed having the support of the n government. (Ting and Williamson 2009). Land Administration Functions First we have the Cadastral systems and the Land Tenure. The English Law of Property Act of 1925 is where the basic property law is obtained from. There are concepts that are considered to be important by the courts such as leasehold, licenses and Crown leases though land ownership is primarily established upon the Torrens registration system. Secondly, we consider the value of land. The Valuer General conducts government valuations and keeps the records. Local councils are then able to contract them out. This data is not disclosed to the public, neither is that of the history of sale price. Land tax is calculated according to a percentage of the total value that a given individual has. The tax is high as compared to other states. Agricultural land that is used for production is exempted from tax. The people mandated with the role of administration of tax collect and manage the separate data of the taxpayer. The local councils set the rates. Third, we have land development and use. Crown and Private land is under planning schemes with 2 fundamental chapters. The local government and the state cover the task of building, removal of buildings and development. They are also in charge of overseeing provision of electricity, water and drainages. A conglomeration of private and public systems provides services and infrastructure. The planning system is a challenge for a government that seeks to rebalance the commercial, housing and industrial land with the rising cost of important services as well as roads. The government has rolled out a plan that is intended to span over thirty years. It intends to freeze the agricultural land that is productive as well as motivating development of a high density in areas that are selected.( Enemark, Wallace and Rajabifard  2010). Challenges and Barriers At a policy level, public land records require attention. The information in regard to mining is not integrated and the utility of the spatial information ought to be improved. There is an increased demand for information that is organized in all the relevant aspects. At a management level, there is a paradigm evolution in the place that spatial information occupies. The revitalization that is based on projects of the various aspects of land administration goes on. At the operational level, the initiatives that are carried out at a national level may deliver the systems that are required to deal with the challenges posed by the current systems. Conclusion Land administration systems are a historic reflection of the jurisdiction of which they originated from. It is thus crucial to grasp how these systems were formed and how they have changed as time passes as they respond to technical, social as well as political pressure. This paper demonstrates significant differences in the Cadastral maps of Denmark and Australia. The differences arise from different legal procedures, difference in levels of technological advancement, historical developments as well as varying need that land has to be put in use. The land administration system of Denmark is decentralized thus placing the power at the regional and local level. This has helped to support development that is sustainable. This is in contrast with Australia where the system is state based. This has in practice locked out power from the natives. It is also clear that Australia has to be willing to adopt better level of technology if it shall be successful in dealing with its marine problems. Since land is a natural resource that is fixed in size, the only option that nations have left it that of adopting policies that are favorable. It is important to remember that managing the processes of transformation will call for an international and collective approach of a model which is able to meet global and individual national needs.( Kaufmann  2009). References Bogaerts, T & Zevenbergen, J 2001 Cadastral systems—alternatives Computers, Environment and Urban Systems, 254, 325-337. Bogaerts, T, Williamson, I P & Fendel, E M 2002 The role of land administration in the accession of Central European countries to the European Union Land Use Policy, 191, 29-46. Enemark, S, Wallace, J & Rajabifard, A 2010 Land administration for sustainable development p 487 Redlands, CA: ESRI Press Academic. Enemark, S, Williamson, I & Wallace, J 2005 Building modern land administration systems in developed economies Journal of Spatial Science, 502, 51-68. Kaufmann, J 2009, October Future Cadastres: Implications for future land administration systems-bringing the world together In Proceedings of the UN-FIG International Conference on Land Tenure and Cadastral Infrastructures for Sustainable Development, Melbourne. Ting, L & Williamson, 2009 Cadastral trends: A synthesis n surveyor, 441, 46-54 Williamson, I P 2011 Land administration “best practice” providing the infrastructure for land policy implementation Land Use Policy, 184, 297-307. Williamson, I & Ting, L 2001 Land administration and cadastral trends—a framework for re-engineering Computers, Environment and Urban Systems, 254, 339-366.    Read More