Community

Land Administration - Part 2

3856
0
12-15-2014 04:13 AM
Labels (1)
Labels
FernandoGil
by
New Contributor III
‎12-15-2014 04:13 AM

2.1. Land Administration

2.1.1. Land

This section has been published in my previous post: Land Administration – Part 1.

2.1.2. Land Administration

Land administration is not a new discipline. It has evolved out of the cadastre and land registration areas with their specific focus on security of land rights (Williamson, et al., 2010).

Land administration systems (LAS) are about addressing land tenure, land value, land use, and land development problems by providing a basic infrastructure for implementing land related policies and land management strategies to ensure social equity, economic growth and environmental protection.

The evolution of LAS is influenced by the changing people to land relationships over the centuries. Even though Figure 6 depicts a Western example of this evolving relationship, a similar evolution can be plotted for most societies (Williamson, 2008). This diagram highlights the evolution from feudal tenures, to individual ownership, the growth of land markets driven by the Industrial Revolution, the impact of a greater consciousness about managing land with land use planning being a key outcome, and, in recent times, the environmental dimension and the social dimension in land (Ting and others, 1999) cit. by (Williamson, 2008).

Figure 6 - Evolution of people to land relationship (Ting and others, 1999) cit. by (Williamson, 2008)

On the other hand, land management is the issue of putting land resources into efficient use, meaning producing food, shelter and other products or preserving valuable resources for environmental or cultural reasons. Land administration is the governmental responsibility to provide security of tenure and information about tenure issues for property markets and governmental and private business activities (UN-HABITAT, 2012).

Building effective and enduring land administration systems requires long-term investment and continuing support. Although land records are expensive to compile and to keep up to date, a good land administration system produces many benefits (UNECE, 2005).

Likewise, one vision for a fully automated system would include more than just a GIS - other computer-based components such as document management system, database management system, and resolution of organizational and legal problems. Such a system would support not only mandated land records management responsibilities of local jurisdictions, but would also serve the needs of a broad range of actors using land information for a wide variety of programs and functions (Ventura, 1997).

Though, land administration is part of the infrastructure that supports good land management it should be treated as a means to an end, not an end in itself (UNECE, 2005).

So, land administration can be considered as basis for good governance, in fact, intelligent and effective land administration systems are a solid condition for good governance and economic development. This concerns developments regarding legal security (a basic requirement for investors), access to credit (mortgage), spatial planning (in support of economic and environmental development) and effective and efficient land taxation. In case this is not well organised, there may be many disputes, frustrating efficient land use. Therefore, protection of ownership through property registers is an important condition for good governance and sustainable economic development (de Zeeuw & Salzmann, 2011).

CheeHai Teo goes further on (Lemmen, 2013) to explain ‘fit for purpose’ we could, in a simplistic manner, say the following: it has to be applicable, it has to be appropriate – relevant to the contexts we are working with – and it has to be affordable. Therefore, when designing our intervention, we need to carefully consider the context and culture, the capacities and scale, the opportunities and options, the ability to innovatively and incrementally enhance the effectiveness and efficiency of the intervention at that point in time. And all of that with an eye on achieving maximum benefits.

In fact, an effective land administration is more than the provision of a register. Good data acquisition, management and distribution is essential, but if E-governance and a spatial enabled society are in place, it’s impact on good governance can be improved substantially (Zeeuw, et al., 2013).

So, as stated at (Enemark, 2013) the need to address land management issues systematically pushes the design of LAS towards an enabling infrastructure for implementing land policies. Such a global land administration perspective is presented in Figure 7.

Figure 7 - A global land administration perspective (Enemark, 2004)

The four land administration functions are different in their professional focus. Even if land administration is traditionally centred on cadastral activities, modern LAS deliver an essential infrastructure and encourage integration of the processes related to land tenure (securing and transferring land rights); land value (valuation and taxation of land); land use (planning and control of the use of land); and land development (implementing utilities, infrastructure and construction planning). The four functions interact to deliver overall policy objectives, and they are facilitated by appropriate land information infrastructures that include cadastral and topographic datasets linking the built and natural environment (Enemark, 2013).

Lately, the land administration sector is developing data, standards, technologies and infrastructures as the basis for good land administration practices. In setting up a system, products should be used and developed, considering two important aspects according to (Zeeuw, et al., 2013):

1. The required investment made in tools and products, to make it possible. The investment that is needed in setting up a LAS can be defined by three components (in each, I refer a group of select features mentioned in the original work):

a. Data and standards (…)
b. A method for the collection of data, management of the systems (software) and the distribution of data, information and knowledge (…)

    • data distribution - internet based web services (Web mapping Services, (WMS) and Web Feature Services (WFS)), introducing new concepts like Software As A Service (SAAS));

c. Choices on the system: people and organisations, service levels and infrastructure.

    • The LAS service level is highly society dependent. For example, the notary and banking system in The Netherlands asks for a 24/7 availability and double back- up system of cadastral and land registry information, provided through WMS and WFS services. As a result, land administration has become fully integrated in the Dutch economic system; (...)

2. The required return on investment in products, processes and services, to make it feasible:a. Based on the societal demand, strategic decisions should be made (…)


b. Return on investment can be obtained on data, information and knowledge or a mixture of these.

    • For example, the Dutch Kadaster manages a database with more than nine million parcels (spatial and legal data). On yearly basis, about 25% of the Kadasters turn- over is generated by the provision of information products derived from this database.

 

Furthermore, the benefits of good land administration according to (Mclaren & Stanley, 2011) are shown in Figure 8.

Figure 8 - Benefits of Good Land Administration (Mclaren & Stanley, 2011)

 

Nevertheless, and according to (Enemark, et al., 2014), the approach used for building land administration systems in less developed countries should be flexible and focused on citizens’ needs, such as providing security of tenure and control of land use, rather than focusing on top-end technical solutions and high accuracy surveys. A fit-for-purpose approach includes the following elements:

  • Flexible in the spatial data capture approaches to provide for varying use and occupation.
  • Inclusive in scope to cover all tenure and all land.
  • Participatory in approach to data capture and use to ensure community support.
  • Affordable for the government to establish and operate, and for society to use.
  • Reliable in terms of information that is authoritative and up-to-date.
  • Attainable in relation to establishing the system within a short timeframe and within available resources.
  • Upgradeable with regard to incremental upgrading and improvement over time in response to social and legal needs and emerging economic opportunities.

 

A final reference to the Land Governance Assessment Framework (LGAF), a diagnostic tool, intended as a first step to help countries deal with land governance issues.The core version of LGAF comprises a set of detailed indicators to be rated on a scale of precoded statements (from lack of good governance to good practice) based, where possible, on existing information.

 

These indicators are grouped within five broad thematic areas that have been identified as major areas for policy intervention in the land sector (Deininger, et al., 2012):

  • Legal and institutional framework (…)
  • Land use planning, management, and taxation (...)
  • Management of public land (…)
  • Public provision of land information (…)
  • Dispute resolution and conflict management (…)

 

Therefore, the LGAF provides a holistic diagnostic review at the country or regional levels that can inform policy dialogue in a clear and targeted manner (Enemark, et al., 2014).

PS: This text is extracted from my Master's Thesis in GIS and Science (published at RUN: The implementation of an Enterprise Geographical Information System to support Cadastre and Exp... ) Dissertation's State of Art Chapter 2.

Bibliography

de Zeeuw, K. & Salzmann, M., 2011. Cadastral innovation driven by society: evolution or revolution?. [Online]
Available at:http://www.fig.net/pub/fig2011/papers/ts01b/ts01b_dezeeuw_salzmann_4873.pdf
[Accessed 05 03 2014].

Deininger, K., Selod, H. & Burns, A., 2012. The Land Governance Assessment Framework. Identifying and Monitoring Good Practice in the Land Sector.. [Online]
Available at:https://openknowledge.worldbank.org/bitstream/handle/10986/2376/657430PUB0EPI1065724B09780821387580....
[Accessed 15 07 2014].

Enemark, S., 2004. Building Land Information Policies. Aguascalientes, Mexico, FIG.

Enemark, S., 2013. FIT FOR PURPOSE: Building Spatial Frameworks for Sustainable and Transparent Land Governance. [Online]
Available at:http://vbn.aau.dk/files/77941985/Washington_2013._Paper._Enemark._WB_Land_and_Poverty_Conf._docx.pdf
[Accessed 05 03 2014].

Enemark, S., Bell, K. C., Lemmen, C. & McLaren, R., 2014. Fit-For-Purpose Land Administration. [Online]
Available at: http://www.fig.net/pub/figpub/pub60/Figpub60.pdf
[Accessed 17 03 2014].

Lemmen, C., 2013. A Paradigm Shift. [Online]
Available at: http://www.fig.net/news/gim/13_12__Interview.pdf
[Accessed 24 02 2014].

Mclaren, R. & Stanley, V., 2011. Module 14: ICT FOR LAND ADMINISTRATION AND MANAGEMENT. [Online]
Available at:http://www.ictinagriculture.org/sites/ictinagriculture.org/files/final_Module14.pdf
[Accessed 09 03 2014].

UNECE, 2005. Land Administration in the UNECE Region. Development trends and main principles.. [Online]
Available at: http://www.unece.org/fileadmin/DAM/env/documents/2005/wpla/ECE-HBP-140-e.pdf
[Accessed 15 07 2014].

UN-HABITAT, 2012. Global Land Tool Network - Theme 3: Land Administration and Information. [Online]
Available at: http://www.gltn.net/index.php/land-tools/themes/land-administration-and-information
[Accessed 04 03 2014].

Ventura, S. J., 1997. Land Information Systems and Cadastral Applications. [Online]
Available at: http://www.ncgia.ucsb.edu/giscc/units/u164/u164.html
[Accessed 10 02 2014].

Williamson, I., 2008. Using Cadastres to Support Sustainable Development. [Online]
Available at:https://www.fig.net/pub/monthly_articles/april_2008/april_2008_williamson.pdf
[Accessed 06 03 2014].

Williamson, I., Enemark, S., Wallace, J. & Rajabifard, A., 2010. Land administration for sustainable development. [Online]
Available at:http://www.fig.net/pub/fig2010/papers/ts03a/ts03a_williamson_enemark_et_al_4103.pdf
[Accessed 19 10 2013].

Zeeuw, K. d., Lemmen, C. & Barnasconi, G., 2013. Land Administration Products, Business Models and Commodities as Spin-off. [Online]
Available at: http://www.conftool.com/landandpoverty2013/index.php?page=browseSessions&presentations=show&form_ses...
[Accessed 10 03 2014].

0 Kudos
0 Replies