The Danish Cadastral System - an overview. Christian Thellufsen, M.Sc., Ph.D., The Danish National Survey and Cadastre

Transcription

1 The Danish Cadastral System - an overview Christian Thellufsen, M.Sc., Ph.D., chcla@kms.dk The Danish National Survey and Cadastre

2 Agenda The cadastral system Historical outline Cadastral work from the viewpoint of a surveyor The cadastral process The cadastral map The land transfer process Danish e-government initiatives

3 Focus on cadastral systems Organizations administrating the records of ownership in land (including the rights, restrictions and responsibilities) and the geometric description of land parcels

4 The Danish Cadastral System The National Danish Survey and Cadastre Ministry of Environment Location The Land Registry Ministry of Justice Rights Restrictions Responsibilities

5 The Danish National Survey and Cadastre Mapping and topography Naval maps and navigation Reference nets and measuring Cadastre and property formation

6 The Cadastre 3 main elements The Cadastral register identifies the land parcels by number and area + informs on other information The cadastral measurements identify the position of the property boundaries The Cadastral map geographically identifies the land parcels

7 The Land Register Each property have a file that contains four main sources of information General information Title information Easements Mortgages Books in the past today fully digital system

8 General information Owner Address The cadastral identifier Size Other information

9 Title information Where to find deed Date of deed Price Public valuation

10 Easements Restrictions on use, heights, roads, building restrictions, planning etc. Rights on use Today fully digital geographical referencing

11 Mortgages Who have secured upon the property How much are secured on the property

12 A short historical outline

13 A short historical outline

14 Cadastral process Cadastre Cadastral map Parcel registry Client Licensed surveyor Land book Deeds Mortgages A client ask a licensed surveyor for service Municipality Easements

15 Cadastral services Parcelling out Amalgamation of properties Area transfer between properties Rectification Subdivision of existing properties Cadastral registration (subdivision) is necessary prior to entering any deeds or mortgage that relates to a part of an existing property

16 Cadastral services Parcelling out Amalgamation of properties Area transfer between properties Rectification The legal rights of ownership and mortgage must be arranged prior to cadastral registration

17 Cadastral services Parcelling out Amalgamation of properties Area transfer between properties Rectification The legal rights of ownership and mortgage must be arranged prior to cadastral registration

18 Cadastral services Parcelling Out Amalgamation of Properties Area transfer between properties Rectification Errors, natural boundaries, adverse possession, rights of way

19 The surveyors work Monopoly for the Private Licensed Surveyors According the Surveyors Act Process Comparing the cadastral information to physical conditions, fences. If discrepancies: the surveyor must involve the landowners and clear up the reason Adverse possession 20 years of possession leads to a proscriptive right: legal ownership Boundary disputes The landowners must apply to a licensed surveyor, acting as a judge Formal process involving the landowners to achieve an agreement If agreement can not be reached the case goes to court Around 40 cases per year, less than 5 cases goes to court.

20 Cadastral process Cadastre Cadastral map Parcel registry Client Licensed surveyor Land book Deeds Mortgages A licensed surveyor do the necessary legal surveys and prepare documents to the National Survey and Cadastre for updating the cadastre Municipality Easements

21 Cadastral process Cadastre Cadastral map Parcel registry Client Licensed surveyor Land book Deeds Mortgages Electronic file are forwarded to The Survey and Cadastre for approval Municipality Easements

22 Cadastral process Cadastre Cadastral map Parcel registry Client Licensed surveyor Land book Deeds Mortgages The Survey and Cadastre approve the documents, update map and registry and send information to the Land Registry for updating here. The surveyor inform the client Municipality Easements

23 Cadastral process Cadastre Cadastral map Parcel registry Client Licensed surveyor Land book Deeds Mortgages Documents are also forwarded to the municipality for updating of the property tax register Municipality Easements

24 The cadastral map From analogue to digital

25 From Analogue To Digital - general An analogue cadastral map updated over about 100 years. Surveyed with primitive methods. The map is an island map and is not linked to the national grid. Digital map linked to the national grid

26 From Analogue To Digital - process Control points and connected cadastral surveys form a frame map (urban 40%, rural 20 %) Digitising and fitting in the rest by transformation using the digital topographic map as control.

27 Discrepancies When combining cadastral maps with digital topographic maps or ortophotos showing the use of land, some discrepancies between the cadastral registration and the physical boundaries may appear. This can be solved only through the process of boundary determination

28 The Cadastral Map Today - Strengths And Weaknesses Strengths Countrywide; based on the national grid Metadata Dynamic updating and upgrading Weaknesses Accuracy varies Tension between the (legal) cadastral map and the (physical) topographic map Demand for an educated use - understanding the nature and the origin of the cadastral map

29 The Land Transfer Process - The Land Registry 1. Agreement between the parties - a real estate agent may be involved. The signed agreement is legally binding between the parties. 2. A deed is drafted and signed by the parties and witnesses - a lawyer may be involved. The deed refers to the cadastral identification. 3. The deed is checked and entered in the land book at the local district court. The title is thereby secured against legal claims from any third parties. State guaranteed. Registration is not compulsory but everybody does it. Cadastral identification Signatures Witnesses Control Subdivision and cadastral registration is needed prior to this process when purchasing a part of a property

30 Good governance Transparancy All registers are public you can see the mortgages of the queens castle and see all transfers! Security The state gurantee the context of the registers The landowners (and sometimes neighbours) have to approve all property changes

31 Three Main e-government initiatives in place today MIA Cadastral Update System Exchange of cadastral data with licensed surveyors minimaks Updating and quality management system in the administration of the cadastre E-title registration Digitizing, automation and re-organization of the administration of the land book

32 MIA Cadastral Update System Cadastre Cadastral map Parcel registry Client Licensed surveyor Land book Deeds Mortgages MIA allows the surveyor and the cadastre to exchange information Municipality Easements

33 MIA Cadastral Update System Electronically Electronically Cadastral map Cadastre Parcel registry Client Licensed surveyor Not possible MIA is integrated in the surveyors CAD-tool Municipality

34 But we still have to get out in the cold

35 minimaks Updating and quality management system Cadastral map Client Licensed surveyor Cadastre Parcel registry Municipality

36 minimaks Updating and quality management system Licensed Surveyor Preparation of case Access to information and services through the internet Web Service Components Incoming Inspection Registration and Filing Case Enquiry Case Data Review MIA-Client Database Data Extraction Quality management Staus of Case Cadastral data Archive Acceptance

37 minimaks Updating and quality management system Licensed Surveyor Preparation of case Web Service Components Incoming Inspection Registration and Filing Case Enquiry Case Data Review MIA-Client Database Data Extraction Quality management Staus of Case Cadastral data Archive Acceptance

38 minimaks Updating and quality management system Licensed Surveyor Clients Municipalities Others Preparation of case Web Service Components Incoming Inspection Registration and Filing Case Enquiry Case Data Review MIA-Client Database Data Extraction Quality management Staus of Case Cadastral data Archive Acceptance

39 E-government in the Land Book Cadastre Lawyers Real estate agents Licensed surveyors Land book Other clients Digital access and registration processes Municipality

40 E-government in the Land Book Cadastre Lawyers Real estate agents Licensed surveyors Land book Other clients Digitization of 80 million sheets of paper Municipality

41 E-government in the Land Book Cadastre Lawyers Real estate agents Licensed surveyors Land book Other clients One-stop-portal to service all clients Municipality

42 E-government in the Land Book Cadastre Lawyers Real estate agents Licensed surveyors Land book Other clients Use of web-components in the registration and in the exchange of information Municipality

43 E-government in the Land Book Cadastre Lawyers Real estate agents Licensed surveyors Land book Other clients Use of e-signatures to identify users. E.g. in registration of title for a property Municipality

44 E-government in the Land Book Cadastre Lawyers Real estate agents Licensed surveyors Land book Other clients Extensive use of guides and controls Municipality

45 Conclusion The Danish cadastral system has been developing for more than 300 years Today Denmark has an up to date cadastral system, that (almost) is fully digital The system provides security through fully transparent processes

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47 THANK YOU FOR YOUR ATTENTION