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Basic Elements of Cadastral System
А Land Cadastre as а Тах Tool and à Land Registry has
long traditions. The legal base of modern ега of these
institutions was created long ago. The following four basic
aspects give an overview of the existing cadastral systems:
legal and organizational characteristics, levels of14
planning and control, aspects of multipurpose cadastres, and
responsibilities of the public and private sectors. The basic
elements of the cadastral systems are different in different
countries. Cadastral systems can be based on titles, deeds, or
both. Some countries have indicated that their cadastral system
is based on titles. The parcel is the basic unit in the others. А
civil law system is the legal basis in the most of them.
Registration of property rights is also compulsory. In the
average cadastral system, legal protection of the registered
rights seems to be very good. The legal force of à property
registration, however, has at the same time both à positive and
negative
effect. The positive effect - registered rights - are assumed to be
correct and the negative effect - unregistered rights - are
assumed to be non-existent.
Furthermore, the state is in the most cases liable for any
damage that was caused by faulty registration. In most
jurisdictions, the cadastral systems include land registration and
cadastral mapping. In many countries cadastral maps are part of
the register, but not, for example, in most of the Australian
states, and in Hong Kong, Greece, and Latvia.
Land registration includes such interests in land as the
rights, but which are also restrictions and responsibilities. In
most cases, the cadastre covers the complete territory of the
country. The exceptions are low priority areas which may not
always be covered. The cadastres are mainly of à complete
character which means that parcels are introduced into the
systems in à systematic way. There are two components of
strategic plannings - land registration and cadastral mapping.
Strategic planning, management, and operational control for
both components of the cadastral system are done within the
same organization which is, in аll cases, from the public sector.
But sometimes tasks of strategic planning and management
control are separated among different organizations, some of
which are even in the private sector. However, the strategic15
responsibility for the cadastral systems, i.e. strategic planning,
is always kept in the hands of the public sector.
Cadastral systems were mainly established to serve à
legal and/or a fiscal purpose. Historically, land records have
been established to serve two main purposes. First, as "fiscal”
records, primarily for the public sector, they have served as the
basis for the full and accurate taxation of land. Second, as
"legal" records for the private sector, they have served as
registers of ownership and other land rights. The data of the
cadastral systems are used for facilities management, base
mapping, value assessment, land use planning, and
environmental impact assessment. А legal basis, however, does
not exist everywhere for аll of these other purposes