Cadastre

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Cadastral map from 1827 in Austria (Franziszeischer Kataster [de]) FR schloss kinsky.jpg
Cadastral map from 1827 in Austria (Franziszeischer Kataster  [ de ])

A cadastre or cadaster is a comprehensive recording of the real estate or real property's metes-and-bounds of a country. [1] [2] Often it is represented graphically in a cadastral map.

Contents

In most countries, legal systems have developed around the original administrative systems and use the cadastre to define the dimensions and location of land parcels described in legal documentation. A land parcel or cadastral parcel is defined as "a continuous area, or more appropriately volume, that is identified by a unique set of homogeneous property rights". [3]

Cadastral surveys document the boundaries of land ownership, by the production of documents, diagrams, sketches, plans ( plats in the US), charts, and maps. They were originally used to ensure reliable facts for land valuation and taxation. An example from early England is the Domesday Book in 1086. Napoleon established a comprehensive cadastral system for France that is regarded as the forerunner of most modern versions.

Cadastral survey information is often a base element in Geographic Information Systems (GIS) or Land Information Systems (LIS) used to assess and manage land and built infrastructure. Such systems are also employed on a variety of other tasks, for example, to track long-term changes over time for geological or ecological studies, where land tenure is a significant part of the scenario.

The cadastre is a fundamental source of data in disputes and lawsuits between landowners. Land registration and cadastre are both types of land recording and complement each other. [2]

Cadastral map of Bozen, Tirol, Brixner Kreis Nr 1, 1858 KM Bozen Bl 1.jpg
Cadastral map of Bozen, Tirol, Brixner Kreis Nr 1, 1858

Definition

A cadastre commonly includes details of the ownership, the tenure, the precise location (therefore GNSS coordinates are not used due to errors such as multipath), [4] the dimensions (and area), the cultivations if rural, and the value of individual parcels of land. Cadastres are used by many nations around the world, some in conjunction with other records, such as a title register. [1]

The International Federation of Surveyors defines cadastre as follows: [5]

A Cadastre is normally a parcel based, and up-to-date land information system containing a record of interests in land (e.g. rights, restrictions and responsibilities). It usually includes a geometric description of land parcels linked to other records describing the nature of the interests, the ownership or control of those interests, and often the value of the parcel and its improvements.

Etymology

The word cadastre came into English through French from the Greek katástikhon (κατάστιχον), a list or register, from katà stíkhon (κατὰ στίχον)—literally, "(organised) line by line". [6]

History

A cadastre text written in Akkadian on a terracotta tablet. From the 18th century BC in Sippar, Iraq, and held by the Ancient Orient Museum, Istanbul A cadastre text written in Akkadian. Terracotta tablet. 18th century BCE. From Sippar, Iraq. Ancient Orient Museum, Istanbul.jpg
A cadastre text written in Akkadian on a terracotta tablet. From the 18th century BC in Sippar, Iraq, and held by the Ancient Orient Museum, Istanbul
Cadastre survey marker from the South Tyrol mountains, 2018 Katastermarke sudtirol 2018.jpg
Cadastre survey marker from the South Tyrol mountains, 2018

Some of the earliest cadastres were ordered by Roman Emperors to recover state owned lands that had been appropriated by private individuals, and thereby recover income from such holdings. One such cadastre was done in AD 77 in Campania, a surviving stone marker of the survey reads "The Emperor Vespasian, in the eighth year of his tribunician power, so as to restore the state lands which the Emperor Augustus had given to the soldiers of Legion II Gallica, but which for some years had been occupied by private individuals, ordered a survey map to be set up with a record on each 'century' of the annual rental". [7] [8] In this way Vespasian was able to reimpose taxation formerly uncollected on these lands. [7]

With the fall of Rome the use of cadastral maps effectively discontinued. Medieval practice used written descriptions of the extent of land rather than using more precise surveys. Only in the sixteenth and early seventeenth centuries did the use of cadastral maps resume, beginning in the Netherlands. With the emergence of capitalism in Renaissance Europe the need for cadastral maps reemerged as a tool to determine and express control of land as a means of production. This took place first privately in land disputes and later spread to governmental practice as a means of more precise tax assessment. [7]

Surveys

This section is an excerpt from Cadastral surveying.[ edit ]
Cadastral surveying is the sub-field of cadastre and surveying that specialises in the establishment and re-establishment of real property boundaries. It involves the physical delineation of property boundaries and determination of dimensions, areas and certain rights associated with properties. This is regardless of whether they are on land, water or defined by natural or artificial features. [9] It is an important component of the legal creation of properties. A cadastral surveyor must apply both the spatial-measurement principles of general surveying and legal principles such as respect of neighboring titles.
BLM cadastral survey marker from 1992 in San Xavier, Arizona Bureau of Land Management Cadastral Survey Marker Arizona.jpg
BLM cadastral survey marker from 1992 in San Xavier, Arizona

Map

A cadastral map is a map that shows the boundaries and ownership of land parcels. Some cadastral maps show additional details, such as survey district names, unique identifying numbers for parcels, certificate of title numbers, positions of existing structures, section or lot numbers and their respective areas, adjoining and adjacent street names, selected boundary dimensions and references to prior maps.

Documentation

Cadastral documentation comprises the documentary materials submitted to cadastre or land administration offices for renewal of cadastral recordings. Cadastral documentation is kept in paper and/or electronic form. [10] Jurisdiction statutes and further provisions specify the content and form of the documentation, [11] as well as the person(s) authorized to prepare and sign the documentation, including concerned parties (owner, etc.), licensed surveyors and legal advisors. The office concerned reviews the submitted information; if the documentation does not comply with stated provisions, the office may set a deadline for the applicant to submit complete documentation. [12] [13]

The concept of cadastral documentation emerged late in the English language, as the institution of cadastre developed outside English-speaking countries. In a Danish textbook, one out of fifteen chapters regards the form and content of documents concerning subdivision and other land matters. [14] Early textbooks of international scope focused on recordings in terms of land registration and technical aspects of cadastral survey, yet note that 'cadastral surveying has been carried out within a tight framework of legislation'. [15] [3] With the view of assessing transaction costs, a European project: Modelling real property transactions (2001–2005) charted procedures for the transfer of ownership and other rights in land and buildings. [16] Cadastral documentation is described, e.g. for Finland as follows '8. Surveyor draws up cadastral map and cadastral documents .. 10. Surveyor sends cadastral documents to cadastral authority.' [17] In Australia, similar activities are referred to as 'lodgement of plans of subdivision at land titles offices' [18]

Management

Cadastre management has been used by the software industry since at least 2005. [19] [20] It mainly refers to the use of technology for management of cadastre and land information in geographic information systems, spatial data infrastructures and software architecture, rather than to general management issues of cadastral and other land information agencies. [15]

United States

In the United States, Cadastral Survey within the Bureau of Land Management (BLM) maintains records of all public lands. Such surveys often require detailed investigation of the history of land use, legal accounts, and other documents.

The Public Lands Survey System is a cadastral survey of the United States originating in legislation from 1785, after international recognition of the United States. The Dominion Land Survey is a similar cadastral survey conducted in Western Canada begun in 1871 after the creation of the Dominion of Canada in 1867. Both cadastral surveys are made relative to principal meridian and baselines. These cadastral surveys divided the surveyed areas into townships, square land areas of approximately 36 square miles (six miles by six miles; some very early surveys in Ohio created 25 square mile townships when the design of the system was being explored). These townships are divided into sections, each approximately one-mile square. Unlike in Europe this cadastral survey largely preceded settlement and as a result greatly influenced settlement patterns. Properties are generally rectangular, boundary lines often run on cardinal bearings, and parcel dimensions are often in fractions or multiples of chains. Land descriptions in Western North America are principally based on these land surveys.

See also

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<span class="mw-page-title-main">Public Land Survey System</span> System of dividing land in the United States

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<span class="mw-page-title-main">Plat</span> Map showing divisions of a piece of land in America

In the United States, a plat (plan) is a cadastral map, drawn to scale, showing the divisions of a piece of land. United States General Land Office surveyors drafted township plats of Public Lands Surveys to show the distance and bearing between section corners, sometimes including topographic or vegetation information. City, town or village plats show subdivisions broken into blocks with streets and alleys. Further refinement often splits blocks into individual lots, usually for the purpose of selling the described lots; this has become known as subdivision.

Torrens title is a land registration and land transfer system, in which a state creates and maintains a register of land holdings, which serves as the conclusive evidence of title of the person recorded on the register as the proprietor (owner), and of all other interests recorded on the register.

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<span class="mw-page-title-main">Land lot</span> Tract or parcel of land that is owned

In real estate, a lot or plot is a tract or parcel of land owned or meant to be owned by some owner(s). A plot is essentially considered a parcel of real property in some countries or immovable property in other countries. Possible owner(s) of a plot can be one or more person(s) or another legal entity, such as a company/corporation, organization, government, or trust. A common form of ownership of a plot is called fee simple in some countries.

A cadastral community or cadastral municipality, is a cadastral subdivision of municipalities in the nations of Austria, Bosnia and Herzegovina, Croatia, the Czech Republic, Serbia, Slovakia, Slovenia, the Netherlands, and the Italian provinces of South Tyrol, Trentino, Gorizia and Trieste. A cadastral community records property ownership in a cadastre, which is a register describing property ownership by boundary lines of the real estate.

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<span class="mw-page-title-main">Boundary (real estate)</span>

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Land administration is the way in which the rules of land tenure are applied and made operational. Land administration, whether formal or informal, comprises an extensive range of systems and processes to administer. The processes of land administration include the transfer of rights in land from one party to another through sale, lease, loan, gift and inheritance; the regulating of land and property development; the use and conservation of the land; the gathering of revenues from the land through sales, leasing, and taxation; and the resolving of conflicts concerning the ownership and the use of land. Land administration functions may be divided into four components: Juridical, regulatory, fiscal, and information management. These functions of land administration may be organized in terms of agencies responsible for surveying and mapping, land registration, land valuation and land revenue generation. The purpose and scope of this knowledge domain appear from the following introducing notes:

The Kootenay Land District is a cadastral survey subdivision of the province of British Columbia, Canada, created with rest of those on Mainland British Columbia via the Lands Act of the Colony of British Columbia in 1860. The British Columbia government's BC Names system, a subdivision of GeoBC, defines a land district as "a territorial division with legally defined boundaries for administrative purposes" All land titles and surveys use the Land District system as the primary point of reference, and entries in BC Names for placenames and geographical objects are so listed.

Cadastral surveying is the sub-field of cadastre and surveying that specialises in the establishment and re-establishment of real property boundaries. It involves the physical delineation of property boundaries and determination of dimensions, areas and certain rights associated with properties. This is regardless of whether they are on land, water or defined by natural or artificial features. It is an important component of the legal creation of properties. A cadastral surveyor must apply both the spatial-measurement principles of general surveying and legal principles such as respect of neighboring titles.

<span class="mw-page-title-main">Lantmäteriet</span> Swedish government agency

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<span class="mw-page-title-main">Association of British Columbia Land Surveyors</span>

The Association of British Columbia Land Surveyors (ABCLS) is a self-governing, non-profit, non-governmental organization which sets educational requirements, examines for admission, and regulates professional land surveyors within British Columbia, Canada. The ABCLS is responsible for developing bylaws and guidelines for the conduct of its members, establishing and administering entry requirements for the profession, and liaising with governmental bodies and other associations to improve the quality of the profession's service to the public.

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References

  1. 1 2 "Cadastral Template - Field Data C4" (lists nations), CadastralTemplate.org, January 2008, webpage: CT-C4 Archived 2012-07-30 at the Wayback Machine : also has term "cadastral survey" and other land records.
  2. 1 2 Jo Henssen, Basic Principles of the Main Cadastral Systems in the World,
  3. 1 2 Dale, Peter; McLaughlin, John (2000). Land Administration. Oxford University Press. doi:10.1093/oso/9780198233909.001.0001. ISBN   9780198233909.
  4. ↑ Wormley, Samuel J. "Sam Wormley's GPS Errors & Estimating Your Receiver's Accuracy". Archived from the original on 2016-03-10.
  5. ↑ FIG (1995) "The FIG Statement on the Cadastre", FIG Policy Statement, The International Federation of Surveyors (FIG), FIG PUBLICATION No 11, 1995, OCLC   38375638 fig.net
  6. ↑ "Lexico powered by Oxford". Lexico. Dictionary.com and Oxford University Press. Archived from the original on December 30, 2019. Retrieved 30 December 2019.
  7. 1 2 3 Roger J. P. Kain and Elizabeth Baigent (1992). The Cadastral Map in the Service of the State: A History of Property Mapping. The University of Chicago Press.
  8. ↑ Le_cadastre_d'Orange
  9. ↑ Land.Vic (2020-12-18). "Cadastral survey". Land.Vic. Retrieved 2022-04-29.
  10. ↑ "Slovak Geoportal, retrieved 2016-08-02".
  11. ↑ "ČÚZK - Registration into the Cadastre of Real Estate".
  12. ↑ Shala, X., Meha, M. and Ahmedi, S. (2015) Case Study of the Reforms on Laws for the Cadaster in the Republic of Kosovo. FIG Working Week 2015, Sofia, Bulgaria, 17-21 May 2015; retrieved 2016-08-04
  13. ↑ Roşu D. C., Ciolac Valeria, Colţan O. N. (2016) Some aspects of cadastral documentation necessary registration agricultural land in land book Journal of Horticulture, Forestry and Biotechnology 20 (2) 231-233
  14. ↑ Pedersen, V. E. (1951) Matrikelvæsen. København, Den kgl. Veterinær- og Landbohøjskole (Cadastral Service. Copenhagen. Royal Veterinary and Agricultural University)
  15. 1 2 Dale. P. F. & McLaughlin, J. D. (1988) Land Information Management. - An introduction with special reference to cadastral problems in Third World countries, Oxford University Press (p. 28)
  16. ↑ "COST G9: Modelling Real Property Transactions".
  17. ↑ Vitikainen, A. (2007) Transaction costs concerning real property - The case of Finland. Pp 101 - 118 in Zevenbergen, J., Frank, A., Stubkjær, E. (Eds) Real property transactions: procedures, transaction costs and models. Amsterdam, IOS Press. Page 109
  18. ↑ "Australia - CSDILA icon". Archived from the original on 2016-08-27.
  19. ↑ "GIS for Cadastre Management, ESRI® GIS Technology in Europe" (PDF).
  20. ↑ Streamline Cadastral Data Management, Thomson Reuters, Aumentum Cadastre

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