Real Property Transactions. Procedures, Transaction Costs and Models

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In many countries, legal documents are paper-based. Transactions may be based on the use of digital signatures. Organizations often operate under distributed responsibilities. Organizations often have a long history and data are collected over a long time — with different methodologies, archive approaches, and technologies. Analogue data are sensitive and fragile and it is complex to organize a reliable backup. Land administration methods and tools develop rapidly, supported by private companies, modern technology, and new information and communication possibilities.

Further steps are needed to operationalize those methods and tools at scale Enemark et al. Innovative thinking coupled with quickly maturing, scalable approaches is needed in many countries in order to create full coverage in land administration. This paper gives an overview of land administration standardization in section 2.

Context of development of land administration is given in section 3. Needs and requirement are in section 4, followed by an overview of proposed actions in section 5. The paper ends with concluding remarks in section 6. CEN also adopted the standard. This domain-specific standard captures the semantics of the domain. It provides a shared ontology, defining a terminology for land administration.

All data in a land administration are supposed to be documented in authentic source documents. LADM is capable of supporting the progressive improvement of land administration. LADM can potentially be used to support organizational integration, for example, between often disparate land registry and cadastral agencies. LADM can help to reconcile superfluous government databases and reduce the large amount of data redundancy that currently exists.

LADM can be integrated with other geo-information standards - e. BIM is very important in order to establish a link between construction works and land administration in relation to spatial planning and lifecycles of buildings. LADM code lists could provide the basis for establishing a complete catalogue of global land-people relationships. Registries would be needed for managing the content of code list values and their definitions.

This charter describes how to improve the effectiveness and efficiency of Land Administration Systems by optimizing the use of OGC and complementary open standards.

Land administration activities in all countries can benefit from improved interoperability using open standards. Improved interoperability contributes to reduced deployment time, lower system lifecycle costs, improved flexibility and scalability, improved choice from the IT marketplace, and improved ability to share, exchange, and integrate information related to land administration. There might also be governance barriers in adopting the standards. There is a challenge for countries on how to implement the model. There is a need for good practices, processes, implementation guides, and expertise from past implementation.

Under UN-GGIM an expert group on land administration and management has been established, which focuses on addressing sustainable governance, data management, and the adoption of institutional frameworks and technology in relation to land administration and management systems, as well as their linkages to the relevant aspects of the SDGs. The UN-GGIM encouraged the expert group to address the issue of fit-for-purpose land and geospatial information required to support effective and efficient land administration and management including standards in order to address the need to secure land and property rights for all [ 1 ].

In turn, this will enable land registry and cadastral organizations to use these components to design, develop, implement, and maintain systems in an even more efficient way. This section provides overview and context of developments to be used for analyses and setting of needs and requirements for land administration data acquisition, maintenance, and publication.

Requirements range from development of 3D cadastre including underground utilities and infrastructure to the initial set up of a land administration or initial data collection. Data maintenance is crucial: people-to-land relationships are dynamic. Those PPPs can be organized in technical settings as available today: web-services, portals, and conventional data exchange. Ongoing urbanization and increasing complexity of infrastructures and densely built-up areas require a proper recording and registration of the legal status which can only be provided to a limited extent by existing 2D cadastral systems.

The registration of legal status can be complex in 2D. In cases where value of land is higher or an intensive level of land use exists, conventional field surveys using high-precision instruments GPS, Total Stations, Laser scans can be deployed. Areas with lower land values may require other approaches use of imagery, lidar, radar. All those approaches are covered by the Fit-For-Purpose approach for land administration descriptive, not prescriptive. In many situations, it is sufficient, to identify visual boundaries in the field using imagery.

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By following the Fit-For-Purpose approach, Land Administration Systems are simple at the start and can improve over time whenever necessary or relevant. Such an approach must be gender sensitive, transparent, and highly participatory. Implementation of the Fit-For-Purpose approach requires flexible standards and a good model for data description using metadata, such as is incorporated in LADM. LADM supports the continuum of land rights management of different tenures in one environment and a continuum of approaches in data acquisition and recordation and many different representations of spatial units point-based, line-based, polygon-based, and volume-based , and parties from groups to individual and non-natural persons.

Complete point-based approaches with identified monuments or beacons or wooden pegs are time consuming and complex. Different types of survey approaches must be accommodated to allow integration of new spatial cadastral data with existing data, and to assure retention of original field observations. The software required for adjustments is often integrated in the survey instruments — but it should also be available during cadastral mapping — e. In all cases there should be options to include rights and right holders with related attributes.

Adjustments of field observations to existing cadastral spatial data could be included in cadastral GIS.

Real Property Transactions. Procedures, Transaction Costs and Models

Surveys are also needed in support to quality improvement of cadastral data. Using app and cloud-technology, collected field data can be transmitted from a mobile device directly to a cloud-based GIS environment, enabling everyone to follow the process remotely. The field survey is, for example, about creating an overview of all existing people-land relationships, including formal legal ownership and informal social land use and overlapping claims.

Owners or claimants are invited to walk the perimeters of their land parcels and to point to the vertex points of the boundaries themselves using a GPS receiver. A grassroots surveyor records the observations with an app installed on a mobile device or tablet. Imagery from satellite, aircraft, or unmanned aerial vehicles UAVs of the area is displayed on the screen of the mobile device. A preliminary identifier is used as linking key.

The GPS receiver may be handheld low-accuracy. In this way, the walked perimeters identify a boundary from sides, from two spatial units. If those are within a specified tolerance, then agreement is demonstrated. The approach implies that neighbors do not have to be in the field at the same time, which reduces the complexity associated with organizing the participation of boundary neighbors at the same time. The approach can be done in analogue way, too. Digital pens may be used in that case.

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This approach can be organized as participatory survey — where the right holders hold the GPS receiver and point out the vertex points and a grassroot surveyor trained by a professional collects the data in the app — with a very simple user interface. In this case the professional surveyor is the organizer, the person who creates awareness, organizes the data acquisition, accepts the data, and manages quality assurance.

GIS is needed to handle collected data — calculating averages in boundary observations which is complex — not all of the same points are necessarily observed from two sides , identification of objects, area calculation, and public inspection. It is crucial to get an overview of areas under dispute and to collect the geometry of the disputed area. During the adjudication process in the field, disputes may lead to the creation of overlaps between polygons.

In that case, those overlaps are mapped and the corresponding authorities know the exact location of a land-related conflict. Conflict resolution approaches need to be included as well as the interaction between land administration and disaster management.

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After field data collection, the data must be checked for completeness and prepared for public inspection. Integration of knowledge and expertise from Remote Sensing in the Land Administration Domain is important and needed.

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Automated feature extraction may be applied to boundaries of plots bounded by topographic features instead of the plots themselves. If extracted features are visualized on printed or screen-displayed imagery, they can be used to identify features as being identical to cadastral boundaries or not. Feature extraction may be helpful in estimating the number of parcels or spatial units that can be expected in project areas as what can be expected in the field is often unknown.

Fixing boundaries in participatory approaches is preferred — if needed.

Conventional approaches in monumentation are always possible, but may be avoided in the preliminary stages of development of land administration. If demarcation is an absolute legal requirement, people could place the beacons themselves. Otherwise, it is a good idea to explore modern demarcation methods — smart markers could provide a good alternative.

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Modern markers like the traceable 3D radio frequency identification RFID markers can be detected and identified from a distance of several meters using a simple smartphone. Data acquisition for millions of spatial units — based on evidence from the field in participatory approaches — is an enormous operation. The organization of this process requires enormous amounts of human-supported transactions related to logistics and case management - all based on geographic information.

During field work, a check on the completeness of the data acquisition needs to be performed in an easy way.

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Tools, transport, paper, imagery, awareness campaigns, local support from local authorities if needed in co-management with traditional authorities , and grass-root data collectors combined with professional expertise has to be organized at the right place and time. Updates and changes may concern the following: parties and their attributes, rights, restrictions and responsibilities and related attributes, basis administrative units and related attributes, and spatial units and related attributes.

Common transactions are buying and selling, establishment of mortgage, or rights for example encumbrance, usufruct, but may be also tenancy. A very specific transaction is the inclusion of the result of spatial planning, e.

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More generic process-related modules Stubkjaer, et al. Standardization can also make it easier to monitor the progress of global indicators relating to land tenure security. Process information is information on who has to do what in approving the transaction.