By Prof Dusan Joksic, PhD & Prof Marko Gostovic, PhD
ABSTRACT
Cadastre in Yugoslavia is based on the experiences in cadastre in Middle European countries. To look over all of it’s perspectives, we looked first at the development of the cadastre in the world. Common characteristics as well as differences in concepts were considered. Looking into the development of cadastre in Yugoslavia, the main aims and tasks are explained. Turning of the land administartion to the information market, is a characteristic of the new concept of development. Phases in realization process of establishing the real estate cadastre are also shown.
ZUSAMMENFASSUNG
Kataster in Yugoslawien ist nach dem Vorbild der Katastern der mitlere Europa gegruendet. In diesem Referat ist an erstem Platzt ueber die Entwicklung des Katasters in der Welt einen Rueckblick getan. Es werden die gemeinsame Charakteristiken wie auch die Unterschieden in Konzepten erklaert. In der Betrachtung der Entwicklung des Katasters in Yugoslawien werden die hauptsaehlichen Aufgaben der weiteren Entwicklung angesehen. Die Orientierung der Verwaltung fuer Geodaesie nach dem Markt der Rauminformationen ist die Charakteristik des neues Konzepts der weiteren Entwicklung. Auch werden die Stufen der Realisierung an der Einrichtung des Katasters der Liegenschaften dargestellt.
RESUME
Le cadastre en Yougoslavie est base sur les experiences des pays de l’Europe centrale. Pour mieux concevoir les perspectives de son developpment on c’est tout d’abord tourne vers le progres du cadastre dans le monde. On a presente les carasteristiques communes, ainsi que les differences dans les conceptions. En considerant le developpment du cadastre en Zougoslavie on a presente les buts principaux de son futur developpment. L’orientation du Land Administration vers la marche des informations de l’espace est la caracteristique du nouveau concept du developpment. Dans l’article les phases de realisations de Real Estate Cadastre sont exposees.
1. INTRODUCTION
Cadastre in Yugoslavia was established based on the experiences of developed Middle European countries. For its future development, concepts of cadastre modernization in the above mentioned, and then in the other countries should be followed. Leading idea is that cadastre in modern society should quickly provide up to date information on environment to the potential users.
Modernization of cadastre as an institution is a necessity because of its constantly growing role in the society. Special case that is considered in this sense are countries in transition with intensified process of privatization.
Today, the most often considered subjects in the future development of cadastre are:
2. PHASES AND CONCEPTS OF DEVELOPMENT OF THE CADASTRE IN THE WORLD
In the present development of cadastre the following phases could be recognized (Henssen, 1988):
From the beginning of development of cadastre, when it functioned as a tax, through emphasizing the importance of the legal status of a parcel, with all the rights and obligations, to the present situation when the cadastre became indispensable base for the LIS for a larger group of users.
Universality of cadastre as a database of land and environment with many users connected to it, in modern conditions gains more and more importance and orientation to sell its products in the market.
The most recent informatic possibilities defined through the concept of Open GIS, give to cadastre the role of Cadastral LIS. This practically means that it is not only a base for LIS, but the LIS itself.
It is noted that even though there is a lot of data on land and environment, we are in fact poorly informed on spatial organization.
Previously mentioned development of cadastre in the world represents a synthesis of development in different countries. In some countries, joining of cadastre and the land register book took place before or after automation of the administrative part of cadastre.
In the development of cadastre four groups of countries are recognized:
2.1 Anglo-Saxon countries
The concept of the multipurpose cadastre (The MPC Concept) was formed in the early eighties (McLaughlin, 1991). At the heart of the concept was the definition of the multipurpose cadastre as a large scale, community-oriented land information system designed to serve both public and private agencies, and individual citizens by:
The actual components of a multipurpose cadastre were envisaged as including:
It is MsLaughlin’s opinion that despite what appeared at least to its architects to be a simple straightforward idea, implementation of the MPC concept proved to be a very difficult undertaking. This opinion dated from a few years ago and this concept has been widely used by now.
In Australia, the term " cadastre" was not part of Australian surveying vocabulary (Williamson, 1990). A cadastre was thought to be a European concept, which was not applicable to Australia. Attention on cadastre issues there has no focused in national conferences and forums until the conferences in 1990 (Cadastral Reform 90).
Cadastral reform is concerned with improving the opertaion, efficiency, effectiveness and performance of the cadastral system in a state or juridiction. In simple terms cadastral systems are the foundation of and an integral component of parcel based land information systems (LIS) which are in turn a central component of the land information and land management systems in a state of jurisdiction. A parcel based land information system is also referred to as a multi-purpose cadastre in may jurisdiction. The term " cadastre" however can have a different interpretation in different countries and states. In the Australian context it generally refers to the land registration system and the corresponding cadastral surveying and mapping system, together with related computerized indexes. And the final remark: "what is certain is that Australia systems are rapidly moving to systems much more akin to their European counterparts" (Williamson, 1990).
2.2 European countries
In most of these countries working on the concept of further development of cadastre started in the early eighties. It lasted for few years, with many experts engaged. Cadastre in these concepts totally remains its traditional philosophy, with the automation of administrative and technical part of cadastre. The significant difference between some concepts lays in the automation of the technical part of cadastre, in the sense of THE ACCURACY OF THE PARCEL BOUNDARY COORDINATES.
There are two different approaches:
a) Numerical solution
Coordinates of the parcel boundaries in construction zones and in the flat terrain are calculated based on the terrain survey numerical data. For the other points, for example the points for situation plan even in the mountain areas, coordinates can be defined by photogrammetric methods or digitizing methods. For one cadastal municipality, coordinates can be determined in the process of renewed survey or step by step during the regular maintenance of cadastre (Switzerland).
This is the final solution. There is also a temporary solution, by which coordinates could be defined by photogrammetric method or by digitalization of cadastre plans, as a transitive solution before the final solution.
b) Combined solution
Old cadastal plans are converted, in which case the following is used as a " framework" :
Especially interesting is a concept in The Netherlands (G.B.K.N. Concept) (Scheuder, 1990). According to him, the "basic maps" scale 1:1000, are drafted from the aerophoto images, which contain the main topographic elements of the permanent character and are interesting to a lot of users. These maps are integrated with cadastal plans, which are enlarged to the scale of the basic maps. Beside that, spotted differences are checked in the field, and additional measurements are done for overlapping objects. This " new philosophy" in the renewal of cadastre is being objected to for its accuracy. The ones who use this concept claim that given the needs of the users, the accuracy achieved this way is higher than required.
2.3. Countries in transition
This group consists of Middle and Eastern European countries, which have earlier been under the influence of the Soviet Union and countries formed after disintegration of the Soviet Union. Cadastres in these countries were kept at the same level as in 1945 for more than 40 years, when they were forced to accept the following attitude towards the cadastre, according to the Great Soviet Encyclopedia (1933, 1953, book 26):
"Land cadastre in bourgeois countries is a public register, which contains fundamental data on economic status, dimensions, value and income from the land property… in the Soviet Union, where there is no private property on land, there is no reason for the existence of cadastre..."
Development of cadastre in countries in transition begins with the land reforms (1989), which attracted public attention, even the FIG. Main characteristics of land reforms are privatization and establishment of the land market. The result of privatization, no matter to what the applied model was, is a relatively small number of land properties in different ways of collective property replaced by a great number of smaller estates. At the same time privatization of the apartments took place in towns. Countries that earlier had traditional cadastre are continuing where they had stopped. With the help of PHARE program, a new technology is used and cadastre is moving fast to a modern cadastre. But countries without tradition of cadastre are having problems and looking for their own ways in developping of the cadastre and land registration, leaning on the experiences and help from other countries. The difficulty is not only in the absence of the concept, but also in lack of institutional organization which should help realize land reforms (very often many ineffective institutions are formed, in the administration and in other fields).
2.4 Countries without any tradition of cadastre and land register
Many countries around the world are without a land registration. But permanently growing need for land policy within the national policy (use of resources, uncontrolled growth of urban regions, growth of the population, etc) forces these countries to establish cadastre. By rule, these countries are using models from other countries, neighboring countries, or countries under whose economical influence they had been in the past. This is easily noted in the Middle America, Africa, and on the Far East. Establishment of the cadastre is a long process, which demands great investments and banks for development are helping out. Nevertheless, a long period of time will pass before many of these countries will establish a modern cadastre.
3. CADASTRE IN YUGOSLAVIA
3.1 Past development
The beginning of the development of uniformed cadastre and land register dates from the thirties. Settling of the cadastre was done based on cadastre of European countries, especially Germany and Austria.
At that time a new surveying of state territory in Gaus-Kriger projection started, mostly by use of numerical methods.
In the period right after the World War II cadastre was neglected because of the introduction of collective property. But, in 1952 already, thanks to the fact that about 85% of land belonged to the private sector, government re-established the old system for taxes. This way cadastre once again became an important institution for collecting taxes. Intensive activities on making land surveying and cadastre were continued. Today land surveying is done in more than 90% of the territory, and cadastre covers the whole state (partially based on the old graphical planes from the past century). But, because of the fast urbanization cadastre administration did not manage to follow accurately all the changes, so the out-of-date character of cadastre became obvious. The problem of inaccuracy of cadastre was mainly in the unplanned constructions (objects without necessary plan documents). This is especially characteristic for the zones on the edges of settlements, which were built before they became subject to urban regulation. Construction and urban inspection showed many irregularities in those cases. Cadastre (Land Administration) had no legal bases for recording and legal registration of those unplanned objects. This way the accuracy in cadastre records was greatly lowered.
Automation of administrative part of cadastre was finished in 1993, and technical part began to be automated in 1996.
Joining of cadastre and land register into an unique record - the real estate cadastre, was regulated by Law in 1992. The content of new cadastre, cadastre of land and facilities was also expanded with cadastre of buildings. The importance of the legal component of the real estate cadastre is in the first place.
Establishment of the real estate cadastre demands big investments. The government is not capable of providing them entirely, and the dynamic of investment is very slow. For those reasons Land Administration is turning to information market about land and to potential users of those information. Main users are the municipalities, which need information on land and environment for the activities of planning and settling, and also for solving problems of public utilities. Actually, the information systems of towns are being formed (LIS) as a necessary assumption for management of further development.
First initiative was shown in big towns. The realization is developing in two main directions:
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Scanning of the existing cadastre plans and their connection to the Automated databases of cadastre and Land Register. |
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the renewal of cadastre is done, updating of cadastre plans and connecting to users databases. |
The obligation of establishment of the real estate cadastre and need for its modernization caused the creation of a concept of further development of cadastre. This concept starts with the existing status, possibilities of using modern and rational expert solutions and obligations, derived from the legal aspects of property rights records.
Mentioned concept was programmed with the introduction of the obligation of making a project for establishment of the real estate cadastre. Main determination is not to use existing data records, with the necessary enlargement, checking and updating of contents, which were defined by the Law on Real Estate Cadastre.
Realization of the mentioned concept is done through following phases:
3.2 Further development of cadastre and its perspective
As a consequence of turning (orienting) cadastre towards the market and influence of new technologies on necessary modernization of cadastre in Yugoslavia, new demands are made for its further and faster development.
Before all, there is a demand for designing and making a referent geodetic network.
Updating cadastral plans and their conversion to digital appearance is also important and an urgent thing to do. This is especially important for towns, having in mind already mentioned needs of development. Needs and demands of the information market about environment are almost exclusively orientated to " products" in digital appearance.
Partnership of public and private sector (regulated by Law in 1992) on the previously mentioned projects should accelerate the dynamics of it, and in the future years contribute to a significant decrease in the number of governmental employees.
Schools and universities should have an important role in the process of modernization of cadaster in Yugoslavia. Educational programs should promptly be turned from " classical" to " informatic" . With new technologies for future surveying experts, knowledge in the field of evaluation of the land and legal and economic disciplines, is becoming very important.
Expectations out of the modernization of cadastre and its turning to the market should make the Land Administration into an institution, which is to be financed by selling its own products in the market. Its role in providing of obligations and needs of the state in the field of its jurisdiction still remains.
4. CONCLUSION
The overview of the concepts of development of cadastre in the world has its importance, especially for the countries in transition, where in the past decades cadastre has lost its importance and its collected data (collective property). Situation inYugoslavia in that aspect positively differs.
It is obvious that there is no universal concept for establishment of the cadastre, because of all the differences in conditions in different countries. Beside all the differences of general characters, the attitude to the accuracy of the position of the parcel boundary, makes the dominanting deference between them.
Question of the modernization of cadastre and realization of this idea in developed countries (status, organization, financing) is very important for the future development of cadastre in transitive countries. New technologies in collecting, working on and organization of cadastre demand very large financial investments. State administration is not ready yet or not wholly and intensively ready to finance modernization of cadastre, which would turn to transformation of cadastre into an institution. Its way of organization and financing is changing a lot. In that sense experiences and results of developed countries, which range from partnership of public and private sectors to receiving status of the independent agencies could be very useful for transitive countries.
For the further development of cadastre in Yugoslavia and its perspective these experiences are very important. Real Estate Cadastre obtained a new component, which is legal and economic status of real estate. This shows that in the future development of cadastre in Yugoslavia greater attention must be dedicated to the legal part of the problem, although a technical part should be considered also.
Although in Yugoslavia in the past decades about 85% of land was private property, the process of privatization of public property, which is nowadays taking place, demands up-to-date and correct recording of real estate. This real estate, for its value, represents a great capital, so the importance of recording it is very current.
For those reasons the concept of development of Real Estate Cadastre in Yugoslavia, which is now being in the process of realization, is of diverse importance. Modernized cadastre with accurate information on environment, land and real estate gives new market possibilities for distribution of these information, but it also provides a modern way of realizing obligations of the state in her own jurisdiction.
Partnership of public and private sectors on the job of realization of the concept of modernized cadastre, which will get even stronger, represents an affirmation of the surveying profession.
REFERENCES
Hessen, J.L.G., 1988, ² Some remarks on the value of a cadastre for developing, FIG Land information systems workshop² , Bali.
Hessen, J.L.G., 1990, FIG, Helsinki.
NcLaughlin, J.D., 1990, ² The evolution of multipurpose Cadastre concept : A north American perspective, Kadaster in Perspectief² , pgs. 47-59, Apeldoorn.
Reforme de la mensuration officielle (REMO), Department federal de justice et police, 1990, Bern, pgs.1-95.
Scheuder, P., ² The cadastre land information system in the Netherlands² , XIX Congress
Williamson, P.,1990, ² Cadastral reform – An Australian vision for the 1990s² , Apeldoorn, pgs.175-191.