Transcript Land registration system and information management

UPA Package 2, Module 5
LAND REGISTRATION SYSTEM
2.5.1 Land Registration System
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Land Registration
Land registration systems operate throughout the world as
the legal basis of recording, with certainty, the ownership
and other legal rights in and over land. Such systems
provide the machinery for confident property transfer, the
operation of a secure mortgage market and protections for
the citizen.
The effective operation of land registration systems are
fundamental to successful market economies providing
confidence for private ownership and property transfer
and, as a consequence, engendering social stability
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Land Registration system
A system for recording land ownership should:
• Contain a legal definition of real property units that
accurately reflects conditions on the ground;
• Facilitate land transfer through a system that is simple,
secure, and cheap to operate;
• Eliminate the need for extensive searching for a chain of
titles;
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Land Registration system
• Be supported by legislation that requires it to be kept up to
date at all times, for example when mutations occur;
• Meet local needs;
• Record specific real property rights, ownership and
restrictions on ownership that are not otherwise transparent;
• Cover all land, including that held by the State as well as by
individual private citizens or institutions.
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The Function of Land Registration
The function of land registration is to provide a
safe and certain foundation for the acquisition,
enjoyment and disposal of rights in land.
The main function of land registration system:
• secure land tenure
• provide a documental evidence for land valuation and
revenue
• resolving property disputes
• supporting an open market
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The Benefits of Land Registration
The land registration system normally consists of two
parts:
• a written record or register with information on each
parcel;
• a detailed description of the parcel in the form of a map
or survey measurements.
When the records and descriptions are combined,
then the land registration system should provide
the following major benefits:
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The Benefits of Land Registration
• Security of ownership and tenure rights. This is the most
important impact. It reduces the amount of land disputes
which currently is a major issue in developing countries.
The security of ownership also stimulates land
development;
• More efficient land transfers. The costs of delays for
permits is a serious constraint in most developing
countries, and an efficient registration system makes
transfers easier, less expensive and more secure;
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The Benefits of Land Registration
• Security of credit. The land title can be used as collateral for
loans. This security has a positive impact on the productivity
of the land since it enables the release of major financial
resources for investment in the land;
• Public control of land markets and intervention. Policies
such as land redistribution and control over foreign land
ownership are difficult to implement without a functioning
land registration system;
• Support for the land taxation system. The expenses for
improving the cadastral system would, in actual fact, quickly
be covered by increased property tax revenues;
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The Benefits of Land Registration
• Improved land use and management. It can directly
provide better information on land ownership and rights
for physical planning as well as facilitate the development
of other planning tools such as information banks
covering land use, land values, population etc. It can also
provide a tool to restrict certain land uses with a negative
environmental impact;
• A land registration system based on parcels could lead to
a more advanced land information system.
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Land Registration Systems
Land Registration is defined as the process of maintaining a
register of real rights in land. Land registration systems
provide the means for recognizing formalized property rights,
and for regulating the character and transfer of these rights.
and further, registries document certain interests in the land,
including information about the nature and spatial extent of
these interests and the names of the individuals to whom
this interests related. There are three basic types of land
registration system:
• the deeds registration system;
• the title Registration system;
• private conveyance system.
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The Deeds Registration System
The objective of Registration of Deeds is to
prevent fraudulent land transactions
Three basic elements in deeds registration:
• logging of the time of entry of a property document;
• indexing of the instrument;
• archiving of the document or a copy.
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The Deeds Registration System
Three core principles:
• Security – registration of a document in a public office
provides some measure of security against loss,
destruction, or fraud.
• Evidence – registered documents can be used as evidence
in support of a claim to a property interest.
• Notice and priority – registration of a document gives public
notice that a property transaction has occurred and, with
exceptions , the time of registration provides a priority claim.
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Disadvantages of Deeds Registration
System
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Registers documents, NOT title
Records an isolated transaction
Information may be inconsistent or incorrect
Registration is often not compulsory;
Many right are not registered
Descriptions often in error or outdated
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The Title Registration System
The register describes the current property
ownership and the outstanding charges and liens.
Registration is normally compulsory and the state
plays an active role in examining and warranting
transactions.
In the title registration system the certificate itself is
the proof of ownership. In many countries with this
system, the land registration system is not
complete either because it is not compulsory to
register transfers or because it is only necessary to
register when land is sold or subject to long lease.
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Torrens System of Title Registration
The well-know Torrens registration system is based on three
principle:
• The mirror principle – the register reflects accurately and
completely the current state of title; hence there is no need
to look elsewhere for proof of title.
• The curtain principle – the register is the sole source of
title information. In effect a curtain is drawn blocking out all
former transactions;there is no need to go beyond the
current record to review historical documentation.
• The insurance principle – the state id responsible for the
veracity of the register and for providing compensation in
the case of errors of omissions,thus providing financial
security for the owner.
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Thailand Land Titling Programme
The World Bank’s Land Titling Programme in Thailand
(TLTP) was one of the largest land titling programmes
implemented throughout the world. The Bank has
praised itself for what it sees as the success of the
programme in several of its own reports , and this has
served as model for Bank programmes in other
countries in the region (e.g. Indonesia, Lao PDR, and
the Philippines) and around the world.
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Thailand Land Titling Project
Project Focus:
• Alleviation of rural poverty and environmental
pressures by accelerating the issue of land titles
Project Issues:
• the Land Act dates from 1901 but to 1984 there was
slow progress in issuing land titles
• 29 different local map projections for cadastral
records no property tax function for revenue
generation from land
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Thailand Land Titling Project
• land pressures caused by landless populace and
need for agricultural expansion
• no viable private sector
• low civil service salaries
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Thailand Land Titling Project
TLTP Design Features:
Duration – 20 years (16.5 years to date)
Cost – USD 365 million
Implementing agencies
Loan - World Bank
Grant of technical assistance - AusAID
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Thailand Land Titling Project
Major activities:
Accelerate the issue of title deeds across the country
complete the cadastral mapping across the country in a
uniform mapping system improve land administration at
central and provincial levels
introduce a national real property valuation function and
strengthen the Central Valuation Authority
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Thailand Land Titling Project
TLTP pespectives:
• Prepared in 1982/3, to alleviate rural poverty
• planned as a 20 year project to complete land titling
throughout Thailand
• commenced in 1984, in 9 provinces
• initial emphasis in technical areas
• emphasis has shifted to broad institutional issues –
strategic planning, IT strategy, HRD, service delivery
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Thailand Land Titling Programme
Socio-economic studies
have shown that:
• Legal title is the most
significant factor in explaining
differences in land prices
• Land titles are generally
related to the demand and
supply of credit
• The project lead to an
increase in cultivated areas
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Thailand Land Titling Programme
• The incidence of land transactionsincreased for titled
land
• For titled lands, there was increased use of farm inputs
such as seeds and chemical fertiliser
• The value of production per unit area and the yield per
unit area are higher for titled lands
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Thailand Land Titling Programme
Factors that have contributed to success in
Thailand:
• Twenty years prior investment by the World Bank in
agriculture in Thailand
• Project is solely concerned with land titling
• Project has only one implementing agency
• The Department of Lands was well established
• Thailand has a long history of land titling, having
introduced a title system in 1901
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Thailand Land Titling Programme
• Project activities are predominantly in the settled
• lowlands and in areas of little of not traditional land
tenure
• The administrative procedures of the Department are
very responsive to public demand
• Strong and sustained commitment
• The formalization of the land market is the main driver.
• A Land Titling Project has proven to be the most
effective way
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The Economic, Social and Environmental
Drivers in Developing Countries
The Economic driver:
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Better allocation of land resources
Formalization of the land market
Increased security of tenure
Reduced threat of baseless eviction
Better access to credit using land as collateral
Improved labour market
Comprehensive and equitable land tax
Alleviation of poverty
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The Economic, Social and Environmental
Drivers in Developing Countries
The Social Driver:
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Formalisation of the land market
Greater effort on land allocation / land reform
More equitable distribution of land resources
Greater protection of public land from unauthorized use
Increased social stability
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The Economic, Social and Environmental
Drivers in Developing Countries
The Environmental Driver:
• Formalization of the land market
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Better access to credit
Increased borrowing for farm and crop improvement
More effective farming
Less soil degradation and pollution
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The Title Registration System
Title registration system presented a significant improvement
over the rudimentary deeds registration systems of the
nineteenth century. The title registration system has been
criticized for:
• The registration process is expensive and cumbersome to
implement
• long time required for state examination and approval of
the title and survey evidence.
• Delays often raise because of emphasis that is given to
precise boundary delimitation.
• Interests gradually diminishes the significance of the mirror
principle as the details on the title certificate do not reflect
all the rights as they exist on the ground.
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Registration System
Both systems of registration of title and registration
of deeds evolved:
• To meet the needs for improved conveyancing.
• To provide greater security to the land market
• To grew from a legal rather than a land management
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perspective.
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Registration System
A compromise between the two systems is possible,
drawing on the strengths of each approach. A number of
countries, for example, combine land ownership and
mortgage data in one register, while other information such
as that relating to property boundaries is recorded in
separate documents. In some countries the data on
mortgages or hypothecs are maintained in separate
registers that have to be checked independently when
transactions are taking place.
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Private Conveyance
Land transactions are handled by private
arrangement. Interests in land are transferred by the
singing, sealing, and delivery of documents between
private individuals with no direct public notice, record,
or supervision. The pertinent documents are held
either by the individuals to a transaction or by an
intermediary such as notary.
The state has little control over the registration
process and there is little if any security for errors or
fraud. They also are invariably slow and expensive.
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Private Conveyance
Characters:
Land transactions handled by private arrangement
Cost borne by owner
Assistance from solicitors, surveyors, etc
Documents held by the owner or intermediary e.g. notary
Security is dependent on the integrity of professionals
Defects in private
Conveyancing
• Duplication
• Slow
• Expensive
• Minimal state
involvement – little or
no security for errors or fraud.
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Cadastral System
〝Urban land is among the most valuable economic and social
resources of any nation, and it cannot be properly managed
without an adequate system for the measurement and
recording of the boundaries of parcels, and the registration of
all legal rights related to each parcel, that is to say, without an
adequate cadastral system. At a time when land is becoming
an increasingly difficult element in virtually every development
project, the lack of cadastral information has become ever
more critical. However, it is precisely in those countries in
which the rate of urbanization in the next two decades is
expected to be most rapid that the cadastral systems tend to
be weakest. The establishment of such systems is therefore
now becoming regarded as much a part of basic infrastructure
as roads and electric grids: an essential element to expedite
virtually all other forms of Development. 〞
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Cadastral System
A modern definition of a Cadastre is a "parcel-based land
. information system", that is, a system which stores
information by reference to discrete parcels of land, or
property units.
The cadastre as an information system consisting of two parts:
• a series of maps or plans showing the size and location of
all land parcels
• text records that describe the attributes of the land.
It is distinguished from a land registration system in that the
latter is exclusively concerned with ownership.
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The cadastral parcel and
ownership rights
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Cadastral Concept
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Cadastral Concept
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Essential Eements of a Modern Cadastre
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Large scale maps
Registers
Cadastre must be complete.
Each parcel must have a unique identifier.
Cadastre must be dynamic.
Information must be correct.
Information must be public.
Cadastre must be supported by a coordinated survey
system.
• The cadastre must include an unambiguous definition of
• parcel boundaries both in map form and on the ground.
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Land Titling in Developing Countries
Land titling is the process of adjudicating rights in land
surveying and mapping those rights and usually
establishing the cadastral office and land registry to store
and manage the associated maps, titles and deeds.
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Philippines Land Administration and
Management (LAM) Program
Objective:
To alleviate poverty and enhance economic growth
by improving the security of land tenure and
fostering efficient land markets in rural and urban
areas, through the development of an efficient
system of land titling and administration which is
based on clear, coherent and consistent policies
and laws and is supported by an appropriate
institutional structure.
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LAM PROGRAM Scope and Design
• To unify individual land administration processes
• To establish self-sustaining capabilities
• Designing an integrated set of actions and secure agency
commitments
• To establish consumer confidence in a land titling system,
by regulating laws and policies governing land
administration and management
• Accelerated programs for formal land title recognition
• Responsive land management system to land market
demands
• Creation of a national land valuation system based on
internationally accepted standards.
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LAM Project (LAMP)
The strategy proposed for the program is to begin
with a short-term 2-½ - 3-year project.
LAMP is an Inter-Agency Project set up to facilitate
the commencement of the LAM Program.
• Government of the Philippines
• World Bank (Learning and Innovation Loan, LIL)
• Australian Agency for International Development
• (AusAID) (Technical assistance grant)
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LAM Project (LAMP)
Objective:
To formulate and
approve policy and
regulatory changes
and to test
alternate
approaches to
accelerated
programs designed
to improve land
titling and valuation
and formulate
institutional
arrangements to
support
implementation of
the Program.
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LAM Project (LAMP)
A. Land policy and key issues studies
This componenet will ensure that priority Land policy ssures
are studied and resultant Changs to laws, regulations
procudures and Institutional responsibilities are agreed in
Readiness For the first phase of the program.
Conduct policy studies working with stakeholders to
examine options and potential improvements in four areas:
Institutional arrangements
Fragmented land laws and regulations
Finance and fees Valuation
Land Development, and Forest boundary demarcation.
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LAM Project (LAMP)
B. Prototypes
Streamlined and cost effective approaches have been tested
and put in place in two prototype sites.
Prototype 1
Seeks to improve the efficiency of the administrative and
judicial titling processes and to accelerate the registration
and issuance of titles to the people.
Land Titling Pilots at Leyte
Conduct large-scale land titling activity and conduct pilot
studies for methodology, processes and institutional
arrangements for land administration sensitive to community
response.
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LAM Project (LAMP)
Prototype 1 -Land Titling and Administration
2.5.1 Land Registration System
6 municipalities in Leyte Province)
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LAM Project (LAMP)
Rural Titling and Land Tenure Arrangement
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LAM Project (LAMP)
Boundary Demarcation
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LAM Project (LAMP)
Prototype 2
Focuses on improving the management of land records.
This prototype is being implemented in Quezon City and is
being managed by the LRA with significant input from the
LGU, DENR and the ROD.
Land Title Validation Pilots at Quezon City
Assistance to GOP to improve the integrity and
comprehensiveness of, and increase public confidence
in, the land titles and records system. Testing of
various title validation methods to determine the most
cost-effective methods and processes will also be included.
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LAM Project (LAMP)
Focus on community participation and dialogue from all
stakeholders and promotion of economic and social
benefits.
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LAM Project (LAMP)
Prototype 2 informing the community about the Project and its benefits.
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LAM Project (LAMP)
Prototype 2- Land Records Management and Information(5 barangays in Quezon City)
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LAM Project (LAMP)
Pilot field validation activities in the pilot barangays of Quezon City.
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LAM Project (LAMP)
C.
Institutional Development - This component
includes project management (including technical
assistance), education and training, and monitoring
and evaluation.
D.
Preparation of Subsequent Phases - This
component will support the preparation of the long
term Program based on the output and the
experience of this Project.
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LAM Project (LAMP)
Expected Benefits:
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Issue Land titles under the Prototypes;
Improve in confidence and efficiency in the land
registration System;
Produce new land titles;
Provide to registered landholders investment incentives
and Access to cheaper and longer-term institutional
credit for Investment;
Generate benefits in the way of increased investment
and land productivity associated with increased land
tenure security and access to credit;
Increase farm incomes (in rural areas) and rising land
values in both rural and urban areas.
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LAM Project (LAMP)
Additional Benefits:
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Facilitating financial sector development through the
recovery of confidence in the land registration system
and in the use of land as collateral;
Coordinated institutional support for the CARP there by
speeding up the delivery of registered land titles to the
beneficiaries of land reform;
Improvement in the sustainable management of natural
resource;
Improvements in the valuation framework which would
enhance fairness and equity in taxation and
compensation systems for land, as well as enhancing
risk analysis for collateral-based lending and landrelated investment decisions in the private sector.
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The Distillation of
Land Titling Projects
The distillation of the experience and lessons learnt from
land titling projects:
• land titling is a means to an end, not an end in itself;
• land titling needs commitment to national reform;
• land titling is about people not technology;
• land titling is more than a project, it is a way of life;
• technology provides the tools not the standards;
• successful land titling requires strong public support;
• get the runs on the board quickly;
• work from the part to the whole in developing land law;
• land titling requires a production orientation;
• an appropriate reward system for field staff is essential.
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Land Registration Systems in
Developing Countries
Clear from the above review that of all of the
discussed land titling projects or project components very few
could be considered successful. Besides the Thailand Land
Titling Project, the Brazil Agricultural Development and
Environmental Protection Project and the Piaui Rural
Development Project may be considered partly successful,
while in the other projects various problems seriously
hampered project performance. These problems cannot be
neatly compartmentalized, but may be grouped into a number
of somewhat overlapping categories:
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Land Registration Systems
In Developing Countries
(a) an overall lack of political support:
(b) conflicting bureaucratic priorities and/or
infighting;
(c) lack of institutional capacity or an
unwillingness to commit adequate
resources;
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Cadastral System In
Developing Countries
The most important cadastral issues in developing
countries:
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Legal and administrative framework, land policy
Surveying and mapping
Maintenance and sustainability
Guaranteed land rights
Organisation and financing
Land information system
Training and education
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Cadastral System In
Developing Countries
A number of important cadastral issues embodying :
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the need for clear identification and recording of land
rights
the need to identify restrictions and obligations on
individual land parcels and to simplify access to this
information
recognise that a variety of informal tenures exist,
including illegal occupation of land, infringement on land
use control, informally recognised land use and vacant
land subject to an unproved claims
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Cadastral System In
Developing Countries
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there may be a need for provisional land tenures, when
cadastral systems are unable to cope with fast
development, such as urban growth
land record systems should be kept simple and updated. Exchange of information on land issues should
be facilitated and data in different systems should be
compatible with each other
efficient cadastral processes are needed
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Cadastral System In
Developing Countries
Questions was considered to be most important
As lessons or solutions in cadastral evelopment:
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Local involvement for local needs, both in
establishment and maintenance
Appropriate and adaptable technology
Cadastre serving society in many ways (multipurpose)
Efficient government support (political will) for
change (of laws) and for financing
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Cadastral System In
Developing Countries
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Realise the long term process
Different solutions in different areas
Arrange pilot project
Involve politicians
Describe impact on society
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