1. CADASTRE AND LAND REGISTER IN THE NETHERLANDS
Aiming to achieve a balance between efficiency and legal certainty that matches Dutch culture
History:
Land Register introduced by Napoleon in 1811.
Congress of Vienna: Netherlands extended with Belgium and Luxemburg.
King William I implemented Cadastre for property taxes separated from Land Register.
1917 Cadastre and Land Register merged.
Difference between:
Civil law: focus on legal certainty
Administrative law (= part of public law): focus on efficient and decent governance (allows less formalities)

2. Implementing of Cadastre (fit for purpose approach)
Purpose rapid collecting of property taxes.
Possessors registered as presumed owners/ taxable persons.
Physical boundaries surveyed as cadastral boundaries.
Taxes based on number of square meters and increased by multiplier for location.
Taxes assessments governed by administrative law.
Objections that parcel should be larger were NOT admissible (taxpayer has no
interest in paying more taxes).
Fake argument for smaller parcel could be used by neighbor in civil law suit for
declaration of ownership.
Few objections.

3. Merging Cadastre and Land Registers
Purpose: economies by preventing duplications and promoting smooth procedures.
Instead of name-list referring to Land Register and name-list referring to Cadastre:
one common name list referring to both.
Sorting out deeds in Land Register became easier (Cadastre had to contain reference numbers of deeds).
Sorting out number of Cadastral parcel became easier (had to mentioned in deed in Land Register).
No description of servitudes in Cadastre (were already described in deed in Land Register).
Hybrid juridical system maintained.
Civil law governs Land Registers and Cadastre as entrance to Land Register.
Administrative law governs surveying by Cadastre.

4. System Land Register: causal deeds system
Theory : Deeds system.
Scrutinize complete chain of deeds of transfer during prescription period (20 years).
Dutch practice: only last deed scrutinized.
Notary public:
asks seller to present deed of transfer by which he acquired the property;
verifies in Cadastre whether this was last recorded deed;
scrutinizes deed on competence seller, servitudes and other obligations;
relies on insurance for damage caused by errors.
Theory causal system:
void sequel contract > no acquisition of title.
Dutch civil code: after resale buyers in good faith may rely on last deed in Land Register.
Proposals: extend protection buyers in good faith to Cadastre.
Should be second step.
First step: adding descriptions of servitudes to Cadastre.

5. Boundaries A civil law boundary can differ from a Cadastral boundary.
The civil law boundary is the physical boundary (hedge, fence, middle of ditch) visible in the field.
Juridical system related to the Dutch system of adverse possession.
Adverse possessor acquires title when possibility to stop adverse possession has expired (20 years).
Acquiring by prescription takes place without recording in Land Register.
Result: civil law boundaries can shift without registration.
Recent empirical research: should the system be changed?

6. Result of empirical research
Far majority of stakeholders wants no change.

7. Dutch history /culture
Dutch people prefer to compromise for the benefit of more important purposes. Are used to cooperate
to protect against the water. This “polder model” is reflected in civil law.
Below sea level

8. Lack of decisive juridical meaning cadastral boundaries
Makes surveying cheaper.
Because Cadastral boundaries can be overruled by judgments of civil law courts smooth surveying
procedures are possible:
subdivision of Cadastral parcels by means of provisional boundaries digitally provided by the owner;
verification afterwards by a surveyor who does not control identity, authority and competence of informants;
outsourcing of surveying to private companies.

9. Computerization Land Register:
deeds submitted by (digitally signed PDF format), paper documents scanned;
about 40% of deeds are computerized processed (first page standardized).
Cadastre:
Functionality of computerized registration involves among else:
Cadastre parcels and identifying data of presumed entitled persons;
Names of presumed property rights;
Entrance to Land Register;
Linked to Basic Registers of persons (Civil Status Register/ Trade Register);
Option to copy data from Civil Status register;
Allows to upload data from Cadastre.
Missing: descriptions of servitudes and obligations with third party effect (see deed in Land Register).
Plans for the future:
Cadastre: add description of servitudes and other relevant obligations;
Land Register: replace by web service.

10. Basic Registers Two Basic Registers for identifying data of persons.
Legal persons: Trade Register of Chamber of Commerce;
Civil persons : Civil Status Register of Municipalities.
Recent report from Court of Audit to Parliament:
errors in Basic Registers;
warned for spreading of errors throughout the system.
Possible interaction between Cadastre and Basic Registers
1. Data at the source:
- Cadastre registers reference numbers
- uploads information connected to reference number in Basic Register;
2 . Cadastre has own database with identifying data of persons
At present data at the source cannot provide the by civil law demanded quality.
Dutch registrars prefer own database with identifying data of persons.
A summary of report of Court of Audit in English:

11. Governance Organization
Non-departmental public body under the Ministry of Infrastructure.
Governed by Executive Board.
Minister :
- nominates President of Executive Board;
- approves rates for recording in land Register, providing information;
- approves lump sum to be paid for information by public authorities.
Executive Board is:
- controlled by Supervisory Board;
- advised by Council of Users.
Registrars:
- by law attributed authority to decide on recording in Land Register and updating of Cadastre;
- depending on Executive Board for allocating of budgets for ICT systems

12. Financial Cadastre and Land Register 80 % of total income
 Other activities :
Land consolidation;
Topographic mapping;
Different activities;
Support excavations (assist diggers to avoid cables and pipelines).
In 2010 proportional allocation of costs :
10 % of total income used to compensate losses on other activities.
In 2015: evaluation of non departmental bodies:
all the other activities are still loss making.
Makes institution:
- vulnerable for collapse of housing market;
- sensitive for improper incentives.

13. One Land Administration Domain Model ?
 Too ambitious.
Different cultures will ask for different juridical solutions with the same purpose
National demands on administration model could involve:
difference civil law/ administrative law;
difference cadastral boundaries/civil law boundaries/physical boundaries;
different content equivalent rights.
Differences have to be respected. Neglecting should be in conflict with the principle
of subsidiarity of article 5 of the Treaty of the European Union.
Back to the fit for purpose approach with respect for national cultures.