Land Administration Åse Christensen Polytechnic of Namibia, Namibia Course Land Administration, Bachelor Semester 5, March 2015 Lection 25 March

Agenda Deeds and title registration Adjudication of title to land Boundaries Cadastral surveying Land parcel information

Deeds and title registration Three systems for recording rights in land Private conveyancing Registration of deeds Registration of title Documents agreeing to the transfer of ownership are passed between seller and buyer – often guided by a lawyer The state provides the legal framework within which the process takes place Regarded as inefficient and dangerous and can be subject to fraud (due to lack of proof of true ownership)

Deeds and title registration Registration of deeds A copy of all agreements affecting the ownership of land must be registered at the deeds registry Each doc is checked by a notary or lawyer who ascertains its validity Need to search the previous transactions to ensure clear chain of title Provides no guarantee of title (only provides access to history of transfers)

Deeds and title registration Registration of title Each land parcel is identified on a map and the rights associated with it are recorded in the register + the name of the owner Ownership is guaranteed

Deeds / Title registration System Deeds system Title system Content Who owns what? What is owned by whom? Register A register of owners A register of properties Legal effect Registration of the transfer. Property is not guaranteed. Registration of property rights. Guaranteed by the state. Players / participants Notaries / lawyers / registrators Lawyers / land surveyors Cadastral role Taxation Identification and ensuring of rights Property boundaries Sketch for the title deed Surveying (fixed) boundaries. (General boundaries in UK) Source: Enemark, 2005

… Deeds / Title registration System Land Registration Cadastre French Deeds system Registration of transfer Property right is not guaranteed Notaries/registrators, lawyers and insurance companies (US) plays a central role Identification of parcels for taxation Private land surveyors participate (France and US) or does not exist (Spain) Cadastral registration is normally carried out subsequently German Title system Land register is maintained by local courts Registered rights are guaranteed by the state Identification of parcels and real estate Fixed boundaries determined by cadastral surveying by authorized land surveyors (private or public) Cadastral registration is performed prior to securing rights in the land register English The land register is maintained by central authority (Land Registry) Identification of the parcel is performed as a sketch attached to the title deed General boundaries is shown on large scale topographical maps Torrens Land registry is maintained by central authority (Land Registry) Identification of the parcel for use in the title deed Fixed boundaries determined by cadastral survey by private land surveyors Cadastral registration is integrated in the process of registration of rights Source: Enemark , 2005

Adjudication of title to land Land brought on to the register for the first time usually requires adjudication The process whereby existing rights in parcels of land are finally and authoritatively determined The first stage in registration of title to land in areas where ownership is not officially known A prerequisite for land consolidation and redistribution to ensure existing owners are identified and treated fairly Established what rights exist, by whom they are exercised and to what limitations they are subject – boundaries to be agreed on by adjoining parties

Boundaries In a legal sense it’s a surface which defines where one landowner’s property ends and the next begins Generally, the surface is vertical Strata titles; i.e. in high-rise buildings, the surface may be horisontal

Boundaries Fixed Accurately surveyed Describes a boundary corner point becoming fixed once agreement is reached Considers also evidence on the ground Subsequently, the register overrides whatever is on the ground

Boundaries General Legal boundary leaves the precise line of the legal boundary undetermined No need of precise surveys but needs decent topographic plan Most appropriate where development is mature; i.e. land use pattern is well established Ownership can be registered without neighbour’s being consulted on precise boundary location Less demanding standards of survey but still guaranteeing the title

Cadastral surveying Survey regulations are to guarantee the accuracy of boundary surveys and apply quality controls of the cadastral surveyor Prescribe the manner in which surveys are to be carried out and the standards to be reached + qualifications for licensing to undertake cadastral surveys QA requires all operational procedures be documented in order to be able to held persons responsible to ensure fit for purpose work and meet needs of clients

Cadastral surveying From legal perspective it requires prescribed qualifications of cadastral surveyors Licensed surveyor should hold professional indemnity assurance to protect ordinary landowner

Land parcel information Land recording have 2 components Textual description of each property Graphic representation or map usually containing dimensional information Sometimes the graphic is kept separately from the text register

Land parcel information Should be provided by law Whether information is guaranteed Whether marks of the ground take precedence over measurements recorded in the registers in case of disputes Ownership info, type of tenure, existence of mortgages should be guaranteed by to prevent buyer from purchasing property already sworn as collateral

Land parcel information By computerised systems linked via networks the ownership and protection of data becomes important Need of laws laying down rights of access to data/ information; who is authorised to change registers; who can use the info and for which purposes

Land parcel information Some countries have laws on data protection – others have freedom of information act Balancing between the rights of citizens to privacy and the responsibility of the state to manage land in the best interest of the community