Transcript Information on Land: Initiatives and Visions

Information on Land: Initiatives and Visions
Information on Land:
Initiatives and Visions
Amsterdam, 1. December 2009
Dr. Helmut Auer
Consultant
Information on Land: Initiatives and Visions
To my person:
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Lawyer and IT-expert
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Former judge and public prosecutor
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Former Director and Chief Information Officer of Federal Ministry of Justice
(BMF), Austria
– Main responsibility in 80‘s and 90‘s:
Transition of Land Book and Business Register from bound volumes to
computerized system
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Lector at the University of Vienna (Faculty of Law)
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Representative of BMJ in EULIS-Board
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After retirement: Consultant (BMF, CLC),
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Information on Land: Initiatives and Visions
Disclaimer
The content of my speech is based on research of my own
and presents my opinion as independent consultant.
My opinion may differ from that of the EULIS-Board, of the
e-justice-project or any other project.
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Information on Land: Initiatives and Visions
Information on Land – why ?
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Information on Land: Initiatives and Visions
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“Information on Land” presumes that such information has been gathered,
stored and can be retrieved
The reasons for doing this are various
– Land is scarce:
Under normal circumstances one cannot produce new land.
Administration of the shortages is a necessity.
– Remedy against bad memory:
Who owns what?
Conservation of the status quo for long periods
– Remedy against useless/missing markings in nature:
Where are the boundaries?
Error prone descriptions in contracts, like “100 steps from the big oak,
then to the west…”
Error prone hiking maps: At the crossing the tree with the
white/red/white marking was cut down!
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Information on Land: Initiatives and Visions
eGovernment
http://www.egov2009.se/wp-content/uploads/Ministerial-Declaration-oneGovernment.pdf
Ministerial Declaration on eGovernment, approved unanimously in Malmö,
Sweden, on 18. November 2009
Why eGovernment?
• e-Justice and all IT-applications within Land Administration are part of
eGovernment
• Recommendations, Rules, Visions and Initiatives of e-Government apply to
e-Justice and Land Administration as well
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Information on Land: Initiatives and Visions
eGovernment (as defined by the Austrian Federal Chancellery)
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eGovernment includes the totality of all electronic public administration
services. With it the access to and the contact with public authorities should
become easier.
eGovernment is a synonym for a modern and innovative state in which
quality, trust and speed are central elements.
The main principles are:
– to be able to do electronically inquiries or to file an application
– to be able to electronically receive information at any place
– to ease the handling of procedures of offices/agencies of the state
The means to achieve this are:
– change of law/provisions
– change of the stately organisation
– use of modern Information and Communication Technologies
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Information on Land: Initiatives and Visions
Ministerial Declaration on eGovernment
“We recognise that eGovernment has not only become mainstream in national
policies but has also reached beyond national boundaries to become an
important enabler to deliver European-wide policy goals across different
sectors, from justice to social security, to trading business services and
beyond.”
“Joint Vision and Policy Priorities for 2015
We aspire to a vision whereby European governments are recognised for being
open, flexible and collaborative in their relations with citizens and businesses.
They use eGovernment to increase their efficiency and effectiveness and to
constantly improve public services in a way that caters for users’ different
needs and maximises public value, thus supporting the transition of Europe to a
leading knowledge-based economy.”
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Information on Land: Initiatives and Visions
Ministerial Declaration on eGovernment (cont.)
“Mobility in the Single Market is reinforced by seamless eGovernment services
for the setting up and running of a business and for studying, working, residing
and retiring anywhere in the European Union
Our public administrations should therefore:
• …
• Develop cross-border eGovernment services that are based on real social
and economic needs. We will initiate joint projects of cross-border
eGovernment services based on specific needs. Sectoral projects would
benefit from synergies with other sectors and the reuse of existing
infrastructures rather than developing specific sectoral-based solutions.”
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Information on Land: Initiatives and Visions
Cadastre - Land Book
Land Register and/or Land Administration consists of two areas:
1. a “geographical” one (INSPIRE would say: “spatial”) and
2. a “legal” one
Ad 1: In the “geographical world” facts/data are collected, mostly from nature,
like coordinates of the boundaries of a parcel, the usage of land and so on,
or data which is attached to the land by other authorities like the address or
a postcode,
=> Cadastre 1)
Ad 2: “Legal”2) should express in short that rights between equal partners
based on Civil Law are administered like ownership, mortgage or servitude
=> Land Book
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Cadastre means in German/Austrian administrational language every systematic collection of data in form of
a register or dictionary like wine cadastre, tax cadastre etc. So the correct term here would be “parcel
cadastre”.
Larsson, G. uses the term “legal records” in Land Registration and Cadastral Systems: Tools for land
information and management. Longman Scientific and Technical, Essex, England, ISBN 0-582-08952-2
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Information on Land: Initiatives and Visions
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Information on Land: Initiatives and Visions
INSPIRE
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„Directive 2007/2/EC of the European Parliament and of
the Council 14 of March 2007 establishing an
Infrastructure for Spatial Information in the European
Community (INSPIRE)”
INSPIRE entered into force per May 15th, 2007
Article 1:
„The purpose of this Directive is to lay down general rules
aimed at the establishment of the Infrastructure for Spatial
Information in the European Community (hereinafter referred to
as Inspire), for the purposes of Community environmental
policies and policies or activities which may have an impact on
the environment.”
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Information on Land: Initiatives and Visions
INSPIRE (cont.)
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To ensure that the spatial data infrastructures of the Member States are
compatible and usable in a Community and transboundary context, the
Directive requires that common Implementing Rules (IR) are adopted in a
number of specific areas (Metadata, Data Specifications, Network Services,
Data and Service Sharing and Monitoring and Reporting).
These IRs are adopted as Commission Decisions or Regulations, and are
binding in their entirety. The Commission is assisted in the process of
adopting such rules by a regulatory committee composed of representatives
of the Member States and chaired by a representative of the Commission.
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Information on Land: Initiatives and Visions
INSPIRE (cont.)
Annex I:
• Coordinate reference systems
• Geographical grid systems
• Geographical names
• Administrative Units
• Addresses
• Cadastral parcels
• Transport network
• Hydrography
• Protected sites
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Information on Land: Initiatives and Visions
INSPIRE (cont.)
Annex II:
• Elevation
• Land Cover
• Orthoimagery
• Geology
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Information on Land: Initiatives and Visions
INSPIRE (cont.)
Annex III:
• Statistical units
• Buildings
• Soil
• Land use
• Environmental monitoring facilities
• Production and industrial facilities
• Agricultural and aquaculture facilities
• Area management/restriction/regulation zones and reporting
units
• Natural risk zones etc.
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Information on Land: Initiatives and Visions
INSPIRE (cont.)
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Data harmonization and specification in Europe
Cross border use, European wide use is simplified
– But only in the “Geographical World” (with stress on environmental
issues)
Link to Land Book may be parcel or address (of the spatial object, not the
address of the owner)
Parcel is an
– „Area (scil. of the earth’ surface) defined by cadastral registers, or
equivalent”
– The cadastral parcel can be used as a locator. Besides differences
between countries in definition, coverage and quality of the (elements of
the) cadastral parcel, the parcel is basically the smallest spatial object
that is widely used across Europe for numerous applications in national
spatial data infrastructures
– Change to full vector data representation till 2016
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Information on Land: Initiatives and Visions
ELRA
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http://www.elra.eu/
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ELRA (European Land Registry Association) started in 2004 with 12
members; it now has 25 organizations representing the land registries of 20
Member States.
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ELRA wants to underline the significance of Land Registries in Europe as
juridical institutions and the scope of the effects of registration
pronouncements as a fundamental tool for progress and change in the rule
of law in the field of property and rights on immovables.
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The primary purpose of ELRA is the development and understanding of the
role of land registration in real property and capital markets. Equally, ELRA
is fully committed to work on behalf of Land Registries in Europe in
cooperating with the EU institutions.
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Information on Land: Initiatives and Visions
ELRA (cont.)
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The 10th General Assembly of the European Land Registry Association has
approved the creation of the European Registry Network:
http://network.elra.eu/
This website aims at providing the general public with relevant and useful
information about land registration within the European Union, offering
factsheets and other resources to better understand the registration
systems of the different jurisdictions.
It is also the purpose of this website to create an effective network for the
collaboration of all registry related institutions, fostering the debate and
exchange of ideas and experiences among the registry operators
throughout Europe.
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Information on Land: Initiatives and Visions
ELRA (cont.)
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A network of Registry Contact Points will be articulated via this website to
provide an easy and effective hub where information and assistance
requests from users and officials of one country will be forwarded to the
intended recipient of another.
Work is in progress to construct the website; the public presentation of the
Network will take place during the 11th General Meeting of ELRA to be held
in Madrid - Spain, in May 2010.
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Information on Land: Initiatives and Visions
FIG - International Federation of Surveyors
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http://www.fig.net/cadastre2014/
FIG was founded in 1878 in Paris and was known as the Fèdèration
Internationale des Gèometres, now anglicized.
FIG represents more than 100 countries throughout the world, and its aim is
to ensure that the disciplines of surveying and all who practise them meet
the needs of the markets and communities that they serve.
The current work plan, titled “Building the Capacity”, focuses on the
surveyor’s response to social, economic, technological and environmental
change.
Ten commissions lead FIG’s technical work. Detailed information on the
work of the commissions, their work plans, working groups, seminars,
newsletters and publications can be found at
www.fig.net/comm/comindex.htm.
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Information on Land: Initiatives and Visions
FIG (cont.)
The commissions in short:
• Commission 1 - Professional Practice
• Commission 2 - Professional Education
• Commission 3 - Spatial Information Management
• Commission 4 - Hydrography
• Commission 5 - Positioning and Measurement
• Commission 6 - Engineering Surveys
• Commission 7 - Cadastre and Land Management
• Commission 8 - Spatial Planning and Development
• Commission 9 - Valuation and the Management of Real Estate
• Commission 10 - Construction Economics and Management
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Information on Land: Initiatives and Visions
FIG (cont.)
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Commission 7:
“Cadastre, land administration and land management; development of pro
poor land management and land administration; development of sustainable
land administration as an infrastructure for sustainable development to
underpin economic growth; applications of innovative and advanced
technology in cadastre and land administration; promoting the role of
surveyors in land administration matters to the public and stakeholders.”
Commission 9:
“Valuation; investment in real estate and investment planning; real estate
investment vehicles; real estate, development finance and land use
feasibility planning; real estate economics and markets and market
analyses; management of property and property systems; management of
public sector property.”
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Information on Land: Initiatives and Visions
FIG (cont.)
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At the XX. FIG Congress 1994 in Melbourne, Australia, Commission 7 a
Working group (7.1) was given the task to study cadastral reform projects in
developed countries:
“Two elements had to be considered in detail: the on-going automation of
the cadastres and the increasing importance of the cadastre as part of a
larger land information system. Based on trend analysis, the working group
produced a vision of where cadastral systems might be in twenty years, of
the changes that might take place, of the means by which these changes
can be achieved, and of the technology to be used to implement these
changes. The mission of the working group was named ‘Vision Cadastre
2014’ to underpin the task to create a vision of how cadastres might work
and look like twenty years from the outlook of 1994.”
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Information on Land: Initiatives and Visions
FIG (cont.)
Vision Cadastre 2014 - Statements
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Cadastre 2014 can replace the traditional institutions of 'Cadastre' and
'Land Book‘ 1). It represents a comprehensive land recording system.
Cadastre 2014 will show the complete legal situation of land, including
public rights and restrictions! To provide security of the land tenure, all facts
about land must be made obvious by the cadastral system of the future.
The correct treatment of the legal aspects of land property transfer matters
was ensured by the requirement of a license for land surveyors and by the
special education of notaries and lawyers. In the future these roles will be
seriously changed
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1)
The original text uses the term “Land Register”
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Information on Land: Initiatives and Visions
FIG (cont.)
Vision Cadastre 2014 - Statements
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Surveying and mapping will change to modern modelling. No longer
drawing in different scales - instead vector based systems.
The modern cadastre will use modern Information Technologies instead of
“paper and pencil”.
Cadastre 2014 will be highly privatized! Public and private sector are
working closely together! The private sector will gain in importance. The
public sector will concentrate on supervision and control.
Cadastre 2014 will be cost recovering! The investment and operation costs
of the cadastre have to be paid back at least partially by those who profit.
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Information on Land: Initiatives and Visions
FIG (cont.)
Vision Cadastre 2014
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adds some principles
– Identical procedures for private and public land objects
– Cadastre 2014 expects that every right adjudicated to a legal land
object will be registered officially and becomes valid with registering
• Not explicitly mentioned but this means a ban of “Prior Lien”
(German: Vorzugspfandrecht). In most cases such liens are not
registered but are in the ranking topmost and with the settlement on
first position, for example “privilege des salaires” in France or taxes
in some countries.
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Information on Land: Initiatives and Visions
FIG (cont.)
Vision Cadastre 2014 takes in account internationalization only considerating
economies:
• “Frequently the production, marketing, service, research and development
units of international companies are situated in different regions and
countries around the world. The expenditures for acquisition and sale of
land are growing. For international companies it is easier to deal with land
matters when national cadastral systems differ little from each other.
• A cadastral system publicizing the complete legal situation of land will
diminish the risk of financial loss. With a single request interested people
and institutions can get complete documentation about the situation of a
certain piece of land.”
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Information on Land: Initiatives and Visions
EuroGeographics
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http://www.eurogeographics.org/
Eurogeographics was built to further the development of the European
Spatial Data Infrastructure through collaboration in the area of geographical
information, including topographic information, cadastre and land
information.
Today more than 30 cadastres are member of EuroGeographics.
Their vision is to achieve ‘interoperability’ of their Members’ national land
and geographic information assets in order to provide Europe with an
information asset that will support its goal to become the most competitive
and sustainable economy in the world.
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Information on Land: Initiatives and Visions
EuroGeographics
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Their objectives are et.al. to:
– provide a single interface to and a united voice for Europe's National
Mapping and Cadastral Agencies
– create, maintain and distribute harmonised and small and medium
scales topographic reference datasets and related services to support
immediate cross border or pan-European customer requirements
– help the European Commission with its programmes and directives.
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Information on Land: Initiatives and Visions
EuroGeographics (cont.)
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Projects and Services, for example
– EuroDEM – a digital representation of the ground surface topography of
Europe
– EuroBoundaryMap – 1:100 000 scale administrative and statistical unit
dataset covering 39 countries
– EuroGeoNames - is a pan-European web service providing the
definitive and authorative place names for Europe.
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Information on Land: Initiatives and Visions
EuroGeographics (cont.)
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Projects under way
– ESDIN is European Spatial Data Infrastructure, working to help
implement INSPIRE Annex I data specifications and to provide working
INSPIRE services from the participating partners.
– EuroGeoNames (EGN) provides a distributed multi-lingual geographical
names data network for Europe.
– The State Boundaries of Europe vision and long term goal is to compile
a multipurpose State Boundaries of Europe Dataset, as the “definitive”
description of the national boundaries of European countries.
EuroGeographics established the Cadastre and Land Registry Group (Head
Peter Laarakker)
– development of a new vision statement for cadastre and land
registration in Europe by 2012.
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Information on Land: Initiatives and Visions
EuroGeographics (cont.)
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Vision on Cadastre and Land Registration in Europe by 2012.
“The Cadastre and Land registry organizations of Europe will provide state
of the art services to the Real Property and land information market within
the e-government framework by co-operating in the building of national and
European Spatial Data Infrastructures.”
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Challenges
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Emerging cross border real property markets in Europe
Development of national and European spatial data infrastructures
Increasing needs for integrated information and services
The ever widening role of Cadastre and Land Registry organisations
Building-up public-public and public–private partnerships
Implementing the role in securing rights to real property
Access to land and to tradable real property assets for social and
economic development
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Information on Land: Initiatives and Visions
EuroGeographics (cont.)
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Vision on Cadastre and Land Registration in Europe by 2012.
The Cadastre and Land Registry organisations are committed to providing
‘state of the art services to the Real Property and land information market
within the e-government framework by co-operating in the building of
national and European Spatial Data Infrastructures’
By 2012 Cadastre and Land Registry organisations in Europe will:
– Provide state of the art services to the real property and land
information markets: One-stop-service-portals, electronic acting
– Co-operating in building the National and European Spatial Data
Infrastructure
– Supporting the European policies
– Building an efficient and effective organisation
– Assisting Cadastre and Land Registry organisations in developing
countries and transition economies
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Information on Land: Initiatives and Visions
Permanent Committee on Cadastre in the European Union
• http://www.eurocadastre.org/
• Under the auspices of the Programme of Activities of the Spanish
Presidency of the E.U., PCC was founded in 2002 by 15 European
cadastres
• Objectives
– Constitution of a network of information on Cadastre to facilitate the
exchange of information, expertise and best practices among the
members of the Permanent Committee on Cadastre: Surveys and
questionnaires.
– Studies and proposals for a debate of future European regulations
affecting territorial data bases.
• Specialization:
– Focusing the work exclusively on the Cadastre and on the users of
cadastral information.
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Information on Land: Initiatives and Visions
WPLA
UNITED NATIONS – Economic Commission for Europe (UN-ECE)
COMMITTEE ON HUMAN SETTLEMENTS
Working Party on Land Administration
– Forum for studies, questionnaires, exchange of best practises
– Recommendations for countries in transition
– Glossary of terms from Land Book/Cadastre
– Study/Overview about Land Books: John Manthorpe
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Information on Land: Initiatives and Visions
Council of Europe
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The Council of Europe, based in Strasbourg (France), covers virtually the
entire European continent, with its 47 member countries. Founded on 5 May
1949 by 10 countries, the Council of Europe seeks to develop throughout
Europe common and democratic principles based on the European
Convention on Human Rights and other reference texts on the protection of
individuals.
Former Committee on "Computer and Law" (successor "e-justice")
RECOMMENDATION No. R (86) 12 OF THE COMMITTEE OF MINISTERS
TO MEMBER STATES CONCERNING MEASURES TO PREVENT AND
REDUCE THE EXCESSIVE WORKLOAD IN THE COURTS:
– Appendix: Examples of non-judicial tasks of which judges in some
states could be relieved according to the particular circumstances of
each country:
Land registry (control over registration of transfer of property, of charges
over immovable property)
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Information on Land: Initiatives and Visions
EULIS
In 2000 representatives of some European land books found that
• the land book is underrepresented in the land register world
• professionals which need information about foreign land have problems:
– to find the official, authentic source of information
– to understand an excerpt of the foreign land book
• written in foreign language
• describing unknown legal constructs
– to handle contracting (access and billing) in case of online inquiries
because multiple (and different) contracts are necessary for multiple
foreign land books
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Information on Land: Initiatives and Visions
EULIS (cont.)
The ideas realized by EULIS as solution for these problems were:
• the national Land Book where the professional has already an account
(access and billing) should be the entry point also for access to and billing
by foreign land books
– the end user gets only one bill about all national and all foreign inquiries
• the national land books adapt their output – if possible – to an English
version
• these national land books get connected in a network (EULIS portal)
• after choice of foreign land book by end user data transfer happens only
between the chosen land book and the end user (no interference with
EULIS portal)
• each land book describes its legal and organisational system according to a
framework developed by EULIS and edits translation and interpreting help
– called Reference Data by EULIS
– the end user can read this in the EULIS portal
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Information on Land: Initiatives and Visions
EULIS (cont.)
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The founding members found it obvious that the status quo of the land
registries has to be accepted:
– no harmonisation possible
– adaptation only technically for connecting to EULIS
Each land book describes its legal and organisational system according to a
framework developed by EULIS and edits translation and interpreting help
– called Reference Data by EULIS
– the end user can read this in the EULIS portal
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Information on Land: Initiatives and Visions
EULIS (cont.)
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is already running
– everybody can use a functioning system
it is live
– the end user can really inquire foreign land books in real time
cadastral data and maps are included
– when the land book is linked to (e.g. Austria) or organizational combined
with the cadastre (e.g. Netherlands)
the EULIS system is simple and open to all modern land book applications
the running of the system is cost effective because of the simplicity
– web site plus content management software
– linking mechanism (web services)
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Information on Land: Initiatives and Visions
EULIS (cont.)
Main problems are not found within the EULIS system:
• The national land book has to be adapted by
– establishing of the linking/connecting mechanism
– establishing of the billing procedure
– changing the menus and query masks to English
– and if possible – changing the output to English
• The national land book has to produce the Reference Data
This all is time consuming and costly, has to be funded by the national land
book.
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Information on Land: Initiatives and Visions
e-Justice
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will establish in each member state one national portal
where the end user
– can get legal information about foreign justice systems
– can be connected et.al. to a foreign land book
The main difference between EULIS and e-Justice is the entry point:
– EULIS: professionals use their existing entry point of their national land
book
– e-Justice: the citizens use as entry point the national e-Justice portal
The main problems of e-Justice are identical to that of EULIS !
Plus one specific problem: More than 50% of all land books in Europe are
not managed/supervised by the Ministries of Justice but by the Ministries of
Environment, Agriculture, Infrastructure, Finance …
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Cooperation e-Justice - EULIS
• Entry points of both systems can work in parallel
• Reference Data can be found using both entry points
• both entry points give the user the choice of foreign land book
but
• to minimize work and cost at the land book
– adaptation and
– content management
should be done only once!
That means
• one centralized system for Reference Data and CSM
• decentralized access control and billing
• output design identical (per specific land book)
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Information on Land: Initiatives and Visions
Conclusions
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To use the budgets of the described initiatives more effective
– close cooperation is necessary,
– synergies should be utilized and
– parallel development avoided
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What I am missing
is a European legal act like INSPIRE which regulates the data structure and
data specification of the land book plus common rules for the inspection of
the data. In the future a harmonisation of the law of real property, of civil law
will happen. The Treaty of Lisbon can be the basis for such a development.
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