Регистрационный конструктор, или как создать идеальную регистрационную систему? (к русскому переводу работы Р. Торренса) (The Land Registration Toolkit, or How to Establish a Perfect Land Registration System)

2018 ◽  
Author(s):  
Roman Bevzenko
Author(s):  
Tiago NUNES ◽  
Miguel COUTINHO

After almost a century of several attempts to establish a coherent land registration system across the whole country, in 2017 the Portuguese government decided to try a new, digital native approach to the problem. Thus, a web-based platform was created, where property owners from 10 pilot municipalities could manually identify their lands’ properties using a map based on satellite images. After the first month of submissions, it became clear that at the current daily rate, it would take years to achieve the goal of 100% rural property identification across just the 10 municipalities. Field research during the first month after launch enabled us to understand landowners’ relationships with their land, map their struggles with the platform, and prototype ways to improve the whole service. Understanding that these improvements would still not be enough to get to the necessary daily rate, we designed, tested and validated an algorithm that allows us to identify a rural property shape and location without coordinates. Today, we are able to help both Government and landowners identify a rural property location with the click of a button.


2020 ◽  
Vol 1 (2) ◽  
pp. 23-37
Author(s):  
Benjamin Armah Quaye

Many governments across Sub Saharan Africa are in the process of introducing or improving land registration and formal titling systems. One of the stated aims is to achieve modern land information management in order to facilitate the development of the land market. It is often assumed that, because formal systems and institutions have enjoyed some positive outcomes in terms of realising wealth in developed countries, they will succeed equally well in developing economies. However, findings from empirical studies across several developing countries show that the performance of formal land registration systems has been mixed. Relying on empirical data from two major cities in Ghana, this paper examines the operations of land registration system with particular reference to its land information management aspects. The analysis shows that a divergence in the implementation of principles of the legal framework and organisational challenges are major contributory factors to deficiencies in the land information regime of the land registration system. Hence, there is a need for effective implementation of well-crafted and functional legal frameworks for land registration, to ensure that the principles and operations of land registration are locally relevant and sensitive. To address the inadequate organisational capacity there is a need to improve the capacity of the human resource base of the officials of the formal land administration sector. The procedure for land registration must also be streamlined in order to eliminate unnecessary requirements and thereby reduce the transaction time, costs of registration and frustration of clients.


Author(s):  
D. Kondratenko

Problem setting. The article analyzes the issue of legal relations in the field of land accounting. The legal nature of public relations in this area has been clarified. The accounting of the quantity and quality of land is investigated. The author’s definition of legal relations in the field of land accounting is provided. The circle of subjects of these legal relations is outlined. Analysis of recent researches and publications. To date, in the scientific literature there is no comprehensive study of the legal regulation of legal relations in the field of land accounting. There are only developments devoted to certain issues of land law science. Target of research. The study of the legal regulation of legal relations arising in the field of land accounting, the allocation of subjects of these legal relations. Article’s main body Justification of the appropriateness of obtaining, systematizing all the resources available on the land plot, determining the size, quality status and distribution of the land fund, providing the necessary data about the land, studying the legal relations arising on this occasion. The basis of the land registration and registration system in Ukraine is the State Land Cadastre. It reflects the subjective information on land, which accumulates as a result of land accounting. Such information is necessary primarily for the implementation of state control over the use, reproduction and protection of land. Only a legally regulated and wellmaintained process of conducting accounting and registration activities in the field of land relations can become the key to the introduction and functioning of a transparent mechanism for the circulation of land in market conditions and an effective mechanism for managing them. In this aspect, it is important to note that it is necessary to distinguish land accounting in the proper sense and land rights accounting (as a broader category compared to the first). In the context of the land registration reform and the further process of improving the State Land Cadastre, it is necessary to talk about the formation of land information relations. Conclusions and prospects for the development. Land accounting relationships are public relations that arise in connection with the activities of public authorities and local governments, which are endowed with appropriate powers to take measures to obtain, systematize and analyze information on the quantity, territorial location and use of land. The subjects of these legal relationships are landowners and land users, the state, state authorities and local selfgovernments, who are vested with the respective powers.


2020 ◽  
Vol 1 (4) ◽  
Author(s):  
Azis Djabbarudin

The spearhead of collecting physical data in the process of land registration is the measurement activity carried out by the measurement officer or known as the Cadaster Surveyor. Cadastral measurement is the main activity that determines the quality of land data. One of the guarantees of legal certainty in land registration is the assurance of certainty of physical data consisting of data on the location of boundaries and area of land. This research is a descriptive qualitative normative juridical law study which analyzes the study of legal changes related to the role and expansion of the cadastral surveyor's authority in the land registration system. In an effort to realize the accuracy of physical data in the form of the location and size of land parcels to accelerate land registration and land services, it is necessary to expand the authority and a strong legal umbrella. The authority according to the prevailing laws and regulations is very limited. To extend the licensed surveyor's authority as a form of community participation in the land registration system, there are several strategic steps that must be taken, one of which is the change / revision of legislation related to the land registration system, namely the need for new articles or the addition of new paragraphs in certain articles on The Basic Agrarian Law and Government Regulations regarding land registration.


Author(s):  
Peter Dale ◽  
John McLaughlin

Land registration systems provide the means for recognizing formalized property rights, and for regulating the character and transfer of these rights. Registries document certain interests in the land, including information about the nature and spatial extent of these interests and the names of the individuals to whom these interests relate. They also normally record charges and liens, that is rights to retain property against debts as in the case of mortgages, although in some systems these are held in separate registries. In addition, land registries provide documentary evidence that is necessary for resolving property disputes as well as information for a wide variety of public functions (such as land valuation). There are at least three basic types of land registration system: (i) private conveyancing; (ii) registration of deeds; and (iii) registration of title. Under a private conveyancing system, land transactions are handled by private arrangement. Interests in land are transferred by the signing, sealing, and delivery of documents between private individuals with no direct public notice, record, or supervision. The pertinent documents are held either by the individuals to a transaction or by an intermediary such as a notary. In such a system, the state has little control over the registration process (save for regulating the intermediaries) and there is little if any security for errors or fraud. Also, private conveyancing systems are invariably slow and expensive. Despite these serious limitations, notarial versions of private conveyancing are still found in many parts of Latin America. Under a system of registration of deeds, a public repository is provided for registering documents associated with property transactions (deeds, mortgages, plans of survey, etc.). There are three basic elements in deeds registration: the logging of the time of entry of a property document; the indexing of the instrument; and the archiving of the document or a copy thereof. While there are many types of deed registration system, they are all based on three core principles (Nichols 1993): 1. Security-registration of a document in a public office provides some measure of security against loss, destruction, or fraud.


Land ◽  
2020 ◽  
Vol 9 (11) ◽  
pp. 416
Author(s):  
David Asante Edwin ◽  
Evam Kofi Glover ◽  
Edinam K. Glover

Development practice over recent years in much of Africa prioritized formalization of land policies deemed to enhance better handling and use of land as an asset for social development. Following this trend, land reform policy in Ghana was based on a pluralistic legal system in which both the customary land tenure system and the statutory system of land ownership and control co-exist by law. The primary research question for this study was the following: What implications emerge when customary land tenure system and the statutory system of land ownership and control co-exist in law? The study discussed the prospects and challenges of land title registration and the meaning of the new organizing concept in land ownership and administration among the people of Dagbon in the northern region of Ghana. The principal aim of the study was to assess the challenges of the implementation of a modern land registration system over a deeply traditional one. A qualitative research methodology was used and included qualitative descriptive analysis. This descriptive-analytical study was carried out to investigate opinions on the implications of the merger and preferred options for redress of any systemic challenges. It employed Focused Group Discussions (FGDs) to supplement in-depth interviews. Interviews were conducted among 40 key participants within formal and informal institutions including officials from both the Land Commission and Town and Country Planning Departments. Purposeful sampling was employed, and an interview guide was developed and used for collecting the data. Data were analyzed using a thematic approach. The results showed that in this structural reform, the ‘allodial title’ holder was much more trusted for tenure security because of the traditional legitimacy of the King as the sole owner and controller of land. The title registration system therefore principally served the secondary purpose as additional security. The findings indicate that in the circumstance where the law was seen as pliable, the policy engendered blurred and confusing effects that deepened the sense of ambiguity and outcomes were sometimes contradictory. We argued that the crossroads presented challenges that were novel and engendered innovative thinking for more appropriate solutions. The study revealed that policy reforms must be tailor-made to the physical, social, cultural and economic settings.


1985 ◽  
Vol 39 (2) ◽  
pp. 95-108 ◽  
Author(s):  
John D. McLaughlin ◽  
Ian P. Williamson

This is the first of two articles written to review the new Land Titles Act in the Province of New Brunswick. The primary objective of this article is to review current trends and reform in land registration systems, with particular emphasis on Canada and Australia. The objectives of land registration are discussed. Such topics as automated titles, the completion of the register, cadastral mapping and boundaries, possessory rights, institutional reform, and reform of deeds registration systems are discussed. The article emphasizes the importance of the equality of the legal and survey component in a successful land registration system.


1985 ◽  
Vol 39 (2) ◽  
pp. 109-122
Author(s):  
Ian P. Williamson ◽  
John D. McLaughlin

This is the second of two papers examining the new Land Titles Act in New Brunswick. The first paper reviewed trends and developments in land registration systems against which this legislation has been measured. This paper describes the new act in general and makes a critical review of various aspects. The review concentrates mainly on administrative and technical issues with particular emphasis on surveying and mapping. In recognition that the new legislation cannot be examined in isolation, the existing conveyancing and deeds registration system is briefly described, as is the existing cadastral survey system and the operation of the Land Registration and Information Service (LRIS) in the province.


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