cadastral_systems

Land administration is the process of documenting and disseminating information about the ownership, use and value of land and its associated resources. It includes cadastral operations, land registers, land consolidation, land valuation and land information systems.

Land management is the process of implementing land policies, by the means of land-use planning, land consolidation, land reallocation, melioration, landscape development and land recycling.

Cadastral Concept:
A cadastre is the core/basis of a land administration system. It is defined as parcel based and up-to-date land information system that contains a record of interests in land (e.g. rights, restrictions and responsibilities). Usually it includes a geometric description of land parcels that are linked to other records, describing the nature of the interests and ownership or control of those interests, and often also the value of the parcel and its improvements.

Registers: Describing nature of interests, ownership, control of interests, value and improvements of parcels

• Do not serve the purposes of land taxation or description of land units, but are intended to describe the deeds and rights of the property. (register of deeds or titles) The land register is public.

Maps: Based on cadastral surveying, geometric description

• Systematic description of the land units within a certain area. The maps identify location and boundaries of land units, together with records: identification number, area of unit, land use, registration date, owners, values or land taxes, etc.  

People, Planet, Profit. This means that developments are sustainable if they serve social (people), economic (profit) and environmental (planet) purposes. (e.g. taking those dimensions into account)

Sustainable development needs sound land administration. (and management) Cadastral data plays a core role in sustainable development. These are some sustainable purposes different aspects of the cadaster serve:

• People: property rights security, land use planning, good governance

• Planet: linking responsibilities to land, land use planning

• Profit: mortgages and loans are secured for banks, land market

Value or capital is not money, however money does represent capital. A banknote does not contain value itself, but documents the representation of value on paper. Land that is informally held and not legally recognized therefore is considered ‘dead capital’.

Undocumented land leads to uncertainty of ownership and decreases the value of the land and property. (banks won’t grant mortgages to unregistered property and people won’t buy land that is not registered, no land market) Solution is standardization and documentation!

• Resource planning and management
• Land-use planning, management of zoning
• Administration of public-rights restrictions

The increasing exploitation of our soils has the consequence that "land" as a resource becomes more and more scarce. The need for multi-purpose cadastres – which not only serve the legal security of land ownership and the land valuation, but more and more also land-use planning and further land management functions. Better and more comprehensive information is needed, which can be better integrated (Ting and Williamson, 1999).

• Resource planning and management
• Land-use planning, management of zoning
• Administration of public-rights restrictions

The increasing exploitation of our soils has the consequence that "land" as a resource becomes more and more scarce. The need for multi-purpose cadastres – which not only serve the legal security of land ownership and the land valuation, but more and more also land- use planning and further land management functions. Better and more comprehensive information is needed, which can be better integrated (Ting and Williamson, 1999).

• Person entities: who is the physical or legal person. (landowner)

• Legal entities: deeds (document of transaction of land) or titles (right of ownership of land)

• Spatial entities: a title is linked to property, and property is linked to parcel with boundaries.

Title registration system (positive system of property rights): the legal consequence of the deed is registered as a document. Thus the right itself and proof of legal ownership. There are 3 different groups (same concept, but different procedures): English group (England, Ireland, parts of Canada, Nigeria), German/Swiss group (Germany, Austria, Switzerland, Scandinavia, Egypt, Turkey), Torrens group (Australia, New Zealand, Parts of Canada, parts of USA, Morocco, Tunisia, Syria)

• Associated with civil law (code)

• Transactions registered on the title

• Ensures that most recent owner is the person that is selling

• Person entities: who is the physical or legal person. (landowner)

• Legal entities: deeds (document of transaction of land) or titles (right of ownership of land)

• Spatial entities: a title is linked to property, and property is linked to parcel with boundaries.

Deeds registration system (negative system of property rights): the deed of the transaction of land is registered as a document. But it is not itself the proof of legal ownership of land.

• Associated with common law

• The title exists in law and is made up of the chain of deeds

Based on roman law (Belgium, France, Netherlands, partly South America, partly North America, some African and Asian countries)

• Mirror principle: the land register should reflect the current, correct legal status of the parcel.

• Curtain principle: beyond the register, no further research should be necessary.

• Guarantee principle: the state guarantees that what is registered is true for third parties in good faith and a bona fide rightful claimant who is contradicted by the register is reimbursed from an insurance fund of the state.

Ordinance on cadastral surveying (1.1.1993)
Art. 1: Definition and Objective
1) In terms of the Civil Law, cadastral surveying is considered to be surveying – approved by the Confederation – for the purpose of operating the land registry.
2) The data of cadastral surveying shall serve as basis for the establishment and the operation of land information systems and shall be suited for public and private purposes.

Swiss civil code (ZGB) – basic principles:
    • No ownership without registration
    • No registration without surveying
    • No surveying without boundary definition (all owners must accept)
       
VAV (Verordung über die AV) – Purpose: Operating land registry, but also basis for LIS
TVAV (Technische Verordnung über die AV) – E.g. Accuracy and reference system

RAV = Reform der Amtlichen Vermessung (Reform of the cadastral surveying)

Reason for RAV:

Originally planned to finish the cadastral surveying of Switzerland until 1976. This goal has not been reached in 1980 due to difficulties during the World Wars, reallocation of farmland and land improvement projects. Additionally there were digital developments that brought a need for new concepts.

Goals of RAV:

• Minimise the regulations on federal level

• avoidance of redundant data acquisition

• increase of up-to-dateness of data

• liberty in the procedure of data acquisition

• data should not only be used in cadastre but also in LIS  

Main achievements:

Bigger field of application, necessity of flexible data exchange mechanisms.

• Clear definition of product (not of method)

• free choice of method and system are the base of tender offers (Ausschreibungen?)

• standardized description and transfer of date (Interlis)

• different information topics on separate and independent layers (connection between layers with geographical position)

Federal level:

• VBS (Federal Department of Defence, Civil Protection and Sport)

  • Federal Office of Topography swisstopo   

  • Federal Directorate of Cadastral Surveying

  • Agency of examination of licenced surveyors

• EJPD (Federal Department of Justice and Police)

  • Federal Office of Justice → Federal Land Registry and Real Estate Law Office

Cantonal level:

Cantonal offices of surveying, cantonal and regional offices of land registry

Municipal level:

Municipal offices of surveying, private surveying offices, private notary’s office

OR: Public-Private

Federal - Cantonal - Municipal

Federal level: Surveying policy

• Define policy for the whole of Switzerland

• Define and monitor quality requirements

• Coordinate cadastral surveying with other surveying projects of the federal government

• Highest management of the cadastral surveying (operational management, monitor finances, performance mandate)

• Coordination and further development of cadastral surveying (coordination on federal level, international contacts, development of cadastral surveying, municipal names, station names)

• services of the cadastral surveying (Patent: licensed surveyor, reproduction of cadastral surveying, direct supervision of each canton that does not have an own office of surveying)

Federal - Cantonal - Municipal

Cantonal Level: operational management

• define cantonal implementation concepts

• plan and lead tasks

• conduct submissions

• define execution standards

• conduct verification

• to some extent: data delivery

Federal - Cantonal - Municipal

Municipal level: Execution

• follow the federal and cantonal rules

• choose methods

• execute tasks (create and update the cadastral surveying

• manage the data

• to some extent: data delivery

• Stay up to date

• Learn from mistakes

• Assess goals (objectives) all 4 years

• Asses the way to reach goal (strategy) every year

• Continously improve the workflow and goals

Graphical cadastre:

• less expensive in creation and maintenance

• more common

• often there are only few connections between neighbouring parcells thus it takes more time to survey them. Additionally parcells have to be arranged and controlled each time.

• often the “isolated survey approach” is applied: single parcel is surveyed independently and not together with neighbouring parcels → only graphical accuracy

Survey accurate cadastres:

• big effort for first time surveying, expensive in creation and maintenance

• more time needed at first time surveying but faster in later stages

• greatly useful for other requirements

• based on coordinates from field measurements and defines and describes border positions

• often the “coordinated survey approach” is applied: Coordinates of a parcel are measured. Single parcels are assembled to a whole unit

• better connections to neighbouring parcels

• parcels fit together with measurement accuracy, bigger area is displayed

Upgrading:

• update the whole cadastre systems

  • change data model

  • increase accuracy

  • generate new topological structures

  • integrate historical layers

Updating:

• put up-to-date data into the cadastre

  • register all new subdivision of parcels

• ensure system is complete, cadastre has to reflect the correct legal situation

Main quality standards and the legal force(→):

    • AV93: Law based on digital data (8 information topics) → digital data

    • PN (provisorisch nummerisiert): transitional standard → paper maps

    • VN (vollnumerisch): Digital coordinates and attributes → paper maps

    • TN (teilnumerisch): List of coordinates (no attribute) → paper maps

    • HG (halbgrafisch): coordinates taken from maps → paper maps

    • GR (grafisch): paper maps → paper maps

    • pa (provisorisch anerkannt): paper maps older than 1919 → paper maps

• Digital Transformation: New data model, efficient use, interoperability

• Include the public law restrictions (PLR-→ ÖREB): Open data, accecibility, more layers

• Include 3D/Leitungskataster: new data model definition, upgrade, legal questions

• Big Data, Linked Data, IoT: Future

ÖREB Cadastre (PLR) / Public laws restrictions:

    • Enviroment and nature protection

    • Water protection

    • Land Use (Zonenplan)

    • Traffic lines and zones

    • Public easements

    • National border restrictions

    • Security zones

Overlaying restrictions with cadastral parcels should be possible