Urban land administration and planning in China: Opportunities and constraints of spatial data models

China's economic reforms over the past decades have given rise to the development of a rudimentary urban land market. Although one cannot speak of a land “market” in the strict sense of the word, there is an urban land allocation system in which land lease rights can be acquired through the payment of a land-use fee. If the urban land market is to develop in a sustainable manner, new credible institutions need to be established that can safeguard greater legal security and transparency. For these purposes, it is necessary to establish a management system that can support the legal (tenure security), economic (leases, taxes) and broader aspects (spatial and environmental land use policies) of land administration. To make an urban land administration system socially credible and functional, land-related information should be registered and structured at a detailed spatial level, such as parcels. There is no parcel-based information system in China, but the country has developed a population registration system at a detailed spatial level that could be a starting point to develop integrated information systems, or a so-called “local spatial data infrastructure”. This paper reviews China's population registration system and their spatial units and presents a proposal for an information system that can be expanded or adapted to meet the requirements of an effective land administration system.     

基于AHP构建中国不动产登记制度的分析

研究目的：构建不动产登记制度可选方案的体系，并评选出适合中国的不动产登记制度与配套方案。研究方法：运用层级分析法（AHP），借鉴各国或地区的制度经验，构建中国不动产登记制度可选方案的体系，再针对土地、法律专家以及政府土地部门领导专家进行专家问卷调查，求取专家意见的一致性。研究结果：中国应采取土地管理部门统一不动产登记、土地及房屋均采取强制登记、以产权文件作为确保登记无误的关键审核文件、登记机关设立基金赔偿或投保赔偿以及设立土地登记代理人5个方案。研究结论：中国适合采用强制登记、实质审查以及错误赔偿的权利登记制，以及发放权利书状的托伦斯登记制，成为混合登记制；实施时应依序进行土地确权、土地与房屋管理部门整并、建立登记机关赔偿机制以及建立土地登记代理人制度。     

Towards integration of 3D legal and physical objects in cadastral data models

Digital 3D cadastres are often envisaged as the visualisation of 3D property rights (legal objects) and to some extent, their physical counterparts (physical objects) such as buildings and utility networks on, above and under the surface. They facilitate registration and management of 3D properties and reduction of boundary disputes. They also enable a wide variety of applications that in turn identify detailed and integrated 3D legal and physical objects for property management and city space management (3D land use management).Efficient delivery and implementation of these applications require many elements to support a digital 3D cadastre, such as existing 3D property registration laws, appropriate 3D data acquisition methods, 3D spatial database management systems, and functional 3D visualisation platforms. In addition, an appropriate 3D cadastral data model can also play a key role to ensure successful development of the 3D cadastre.A 3D cadastral data model needs to reflect the complexity and interrelations of 3D legal objects and their physical counterparts. Many jurisdictions have defined their own cadastral data models for legal purposes and have neglected the third dimension, integration of physical counterparts and semantic aspects.To address these problems, this paper aims to investigate why existing cadastral data models do not facilitate effective representation and analysis of 3D data, integration of 3D legal objects with their physical counterparts, and semantics. Then, a 3D cadastral data model (3DCDM) is proposed as a solution to improve the current cadastral data models. The data model is developed based on the ISO standards. UML modelling language is used to specify the data model. The results of this research can be used by cadastral data modellers to improve existing or develop new cadastral data models to support the requirements of 3D cadastres.     

Land administration for housing production: An approach for assessment

The integration of land administration processes and the collaboration of land agencies are considered essential for the effective delivery of developable land for housing production. The research upon which this paper is based investigates the interrelationship across land administration functions and between different levels of government in the management and delivery of land for housing production. It focuses on land management policies, land administration processes, and spatial data infrastructure, as they are related to housing production. The study starts from the premise that inadequate integration across land administration functions and between different levels of government impedes land delivery for housing production. Against this background, an assessment framework is proposed as a tool to assess the levels of integration. The parameters for the development of the framework are based on the extensive literature of past and present initiatives which focused on enhancing inter-agency collaboration. It is also supported by interviews with land agencies in the case study areas – Australia and Nigeria – to aggregate the common themes as observed in the literature. The assessment framework was evaluated through selected government departments and agencies. With this approach, the assessment framework develops into the land administration integration assessment matrix. The key consideration of the matrix is to assess the depth of inter-agency relationship ranging from information sharing to consultation, coordination of activities, joint management, partnership arrangement and formal merger of organisations.     

农村宅基地流转纠纷及其解决机制完善

农村宅基地流转纠纷主要有传统和新类型两大类,其特征表现为主体呈现多元化、纠纷原因复杂多样、争议内容广泛。农村宅基地流转纠纷解决中存在的主要问题：现行法律规定不完善,导致纠纷解决缺乏确切的指导规范;司法救济效率相对较低,无法解决夹杂在宅基地流转纠纷中的其他社会矛盾;宅基地使用权和农村房屋的强制登记制度尚未建立,行政部门不配合加剧纠纷处理难度。完善宅基地流转纠纷解决机制的对策：逐步建立和完善相关法律制度;注重宅基地流转纠纷源头化解;完善宅基地流转多元纠纷解决机制。     

土地登记分类技术方法探讨

研究目的:探讨科学制定土地登记分类技术方法,为建立完善的土地登记制度提供技术支持.研究方法:资料比较分析法.研究结果:现行土地登记分类技术方法存在欠科学、不严谨等问题,需从构建土地登记分类技术体系入手,制定土地登记分类技术方法标准.研究结论:提出了土地登记分类技术方法依法、统一、适用、超前的原则,将全部、相互关联的土地登记要素进行合理组合与排列,建立结构合理、层次分明、衔接紧密并具有一定广度和深度的土地登记分类技术方法体系.     

Generic land registry and cadastre data model supporting interoperability based on international standards for Turkey

Managing land information effectively is a key factor in achieving successful land administration and sustainable land development. To manage land, each government has a land policy and administration system. A land administration system (LAS) enables identification, registration and sharing of information about land in compliance with land policies by using information technologies effectively. In this context, land information systems (LISs) are designed to fulfill the requirements related to land, to provide tenure assurance and to manage natural resources sustainably. In Turkey, the necessity of information technologies and geographic information systems (GIS) was recognised by public institutions in the early 1990s. The Land Registry and Cadastre Information System Project (TAKBIS in Turkish) started to manage land registry and cadastre data and processes throughout Turkey. By using a standard framework, the project aimed to digitise land registry and cadastre data and to perform all activities and queries in a digital environment. However, the project did not reach the expected level of success because the data infrastructure was not standardised and did not meet the data requirements of other stakeholders at the national and international level.On the other hand, studies of a new e-government project called Turkish National GIS (TUCBS in Turkish) was initiated to establish a national geographic data infrastructure (GDI) which allows efficient management of geographic data and corresponds to national-level user requirements and Infrastructure for Spatial Information in Europe (INSPIRE) specifications. In this study, to provide data interoperability among different institutions and meet stakeholder needs, the data model of the Land Registry and Cadastre Data Theme is examined and improved. Within the design process, the ISO 19152 Land Administration Domain Model (LADM) and INSPIRE Cadastral Parcels are examined and applied as the baseline international standards. In addition, main land and land group parcel types in the Turkish cadastral system, the main rights, restrictions and responsibilities related to land in the Turkish registration system, mortgages established over rights, cadastral maps, standard subdivision of two-dimensional (2D) space with special names, surveyed point and monumentation types were explained briefly within the revised land registry and cadastre data model. As a case study, data sets from different sources were transformed to open data sets compatible with the model. This model enables data interoperability in land-related applications. However, models should be kept as simple as possible for effective data transformation and management.     

构建我国土地信托登记制度的思考

《信托法》确立了信托登记制度 ,但有关规定过于简单和含糊 ,现行土地管理法律法规也没有关于土地信托登记的具体规定 ,导致在实践中难以操作。在分析信托财产的法律性质、信托公示与物权公示 (土地登记 )关系的基础上 ,提出构建我国土地信托登记制度的设想。     

Rural land system reforms in China: History,issues, measures and prospects

Land system reform (LSR) helps to protect farmers' rights and interests and national food security. China is a country dominated by agriculture but insufficient arable land resources. The contradiction between man and land is prominent. To alleviate the man-land contradiction, the Chinese government has carried out a series of LSRs, especially in the past half century. Extensive and in-depth studies have been done on the process and stage characteristics of China's LSRs, but the systematic analysis on the necessity, problems and key measures to deepen the land system reform is still insufficient. Based on a systematic review of the history of the evolution of China's LSRs, this study firstly analyzed the key issues and new challenges existing in or arising from China's land system, then put forward the necessity of deepening the reform of land system, and discussed specific measures taken to deepen the reform of land system in China at present and finally pointed out the future LSR’s direction. The results show that China's rural LSR has gone through five stages in general since 1949. The key problems existing or arising from the current land system in China include unclear subject of land property right, serious inefficient utilization of land resources, rapid farmland conversion and conflict between farmers’ interests and land system. The dual land system in urban and rural areas has severely restricted the integration of social and economic development in this country. The Chinese government is actively promoting the reforms of rural agricultural land, collective operating construction land and homestead to further remove the dual institutional barriers that hinder the establishment of an integrated land trading market. The vision is good, but there is still a long way to go for China's LSR. The direction of China's rural LSR is to make the property rights relationship clearer, the farmland rights more complete, the transfer transactions more market-oriented and the property rights’ protection more equal. Deepening the rural LSRs is helpful to improve the efficiency of land resource utilization, safeguard the rights and interests of farmers, promote the coordination of human-land relationship, and inject new vitality and momentum into rural revitalization. Cooperative promotion of land resource capitalization reform and household registration system reform is the key area of land system reform in China in the future.     

土地登记在建设用地动态监管中的应用

建设用地动态监管是当前土地资源管理的重要抓手,土地登记制度作为一项重要的土地法律制度和土地管理手段,将土地登记应用于建设用地动态监管,是适应土地"产权管理"的必然要求.是推进建设用地动态监管的基本保证.另外,土地登记制度渐趋完备,土地登记成果与土地动态监管数据功能契合、规范匹配,为土地登记制度应用于建设用地动态监管提供了可行性.因此,应该在进一步完善土地登记制度的同时,加快推进土地登记成果在建设用地动态监管中的应用.     

4D cadastres: First analysis of legal,organizational, and technical impact—With a case study on utility networks

The increasing complexity and flexibility of modern land use requires that cadastres need an improved capacity to manage the third dimension. As the world is per definition not static, there also will be needs in relation to the representation of the temporal (fourth) dimension either integrated with the spatial dimensions or as separate attribute(s). In this paper, registration of utility networks in cadastre are considered in this 3D + time (=4D) context. A number of countries in the world have developed methods to register utility networks complying with their legal, organizational, and technical structure. We researched the different approaches of three specific countries: Turkey, The Netherlands and Queensland, Australia. These are analysed to evaluate a solution that matches legal, organizational, and technical cadastral requirements in the most optimal way.     

村(居)民利益保障视角下农村土地整理的政策风险与法制对策——以广东“三旧”改造中城中村改造为例

当前广东"城中村"改造主要存在如下政策与法律风险:实施主体及权限不尽统一;"公共利益,,范围难以界定;集体土地征收与房屋征拆补偿缺乏法定标准与争议调处机制;转制社区长远发展依托与福利难有保障;"违建"处置欠缺法律依据;以行政裁决争议为主,诉讼纠纷解决机制缺失等。需要从完善"城中村"城乡土地整理的宏观调控法律机制的顶层设计;因地制宜,兼顾利益,针对不同对象及情况采取不同的对策措施;按公正程序依法处置集体土地上的"违建";整合部门职能,发挥合力效应;配置土地发展权制度,完善增值收益分配机制;切实保障村居民利益及弱势群体土地产权利益等方面完善相关法律机制,实现"城中村"和谐改造。     

国家法与习惯法之协调融合——民国时期广东耕地租佃法律制度探究

文章基于考证民国时期国家租佃法制与广东地方习惯规则之协调融合的关系,探析广东耕地租佃法律制度的基本特点;再结合台湾与大陆农地制度的改革历程,试探借鉴当前《物权法》立法理念下农地使用制度改革创新的可行途径及政策建议。     

A geometric and semantic evaluation of 3D data sourcing methods for land and property information

Urbanisation, the development of high-rise apartments and the advent of complex building structures creates unique challenges that cannot be met by 2D land and property information. These include inter-related titles and complex plans relating to (i) the land parcel and (ii) the building, both internal (indoor plans) and external attributes (roof and façade). Incorporating the third dimension into the land development cycle can potentially address such challenges by providing data that describes both the land parcel and building in 3D. This move towards 3D data administration requires the development of new 3D data processes, including 3D data sourcing, which forms the focus of this research. Following an examination of current 2D methods in land and property information registration, a framework of the requirements for sourcing 3D land and property information is suggested and potential methods are discussed. Focussing on the geometric and semantic components an evaluation of the methods is developed and applied. The results highlight methods based on photogrammetry, laser scanning, mobile mapping, Unmanned Aerial Systems (UAS) and Building Information Modelling (BIM) to source integrated 3D information for both the internal and external attributes of a building and corresponding land parcel.     

Land registration effectiveness in a state-subsidised housing project in Mbekweni,South Africa

As part of a programme examining the effectiveness of land tenure forms − tenure administration system combinations, the paper examines how and why beneficiaries use land registration in Project 2, a state subsidised housing project in Mbekweni, South Africa. The ownership − registration combination can have a number of negative consequences when policy makers focus on economics alone, rather than the complete set of factors that are critical for registered ownership to work in poor urban communities. South Africa’s state-subsidised housing programme has created up to 3.7 million housing opportunities. Off-register secondary transactions constitute a major problem when the properties registered in ownership. Building on a series of related case studies, an evaluative schema classifying an ownership − registration combination as strong, semi-strong, semi-weak or weak is presented, along with the main findings from three previously reported case studies where the combination was classified as semi-strong. The beneficiaries in Project 2 were predominantly in-migrants from a rural customary area, and based on earlier work and the literature, a weak or semi-weak classification was expected. However, the case was classified as semi-strong. Ongoing, visible administration is possibly a major factor underlying this classification.     

Forecasting housing land requirements

Summary

Because of pressures on the countryside by private housing development, the Government and the planners have become increasingly involved in planning policy issues and in forecasting land requirements. The forecasting techniques used are examined, and their translation into local allocations through structure and local plans and land availability studies are looked at. The demand for more land releases is attributed more to structural changes in the housebuilding industry and local land shortages in the south‐east than to real shortfalls in housing provision. There is a need for improved monitoring systems for land resource management, particularly in balancing ‘green‐field’ releases against development/redevelopment in existing urban areas.     

Adoption of volunteered geographic information into the formal land administration system in Kenya

Individualization of tenure through title registration programmes introduced in many African countries after independence with the promise of security of tenure and increased agricultural productivity has, instead, had the opposite effect. Informal land arrangements continue to emerge as a result of the slow pace of land adjudication (formalization) and updating of land information systems. The trend towards computerization of land information systems has only put focus on already existing formal land tenure arrangements, leaving out the informal social tenure arrangements. As a result, there are now many efforts worldwide motivated by the introduction of the Social Tenure Domain Model (STDM), and freely-available and easy-to-use technology tools to identify, document and map land in support of informal land administration arrangements. Actions are made towards the use of community-generated information to support land administration. Using theories from the interplay between formal and informal institutions, this paper discusses the potential outcomes in adopting Volunteered Geographic Information (VGI) in land administration in Kenya. Two case studies are presented that demonstrate the complementary-accommodating, versus the substitutive-competing approaches. These are then compared with the formal land adjudication process in Kenya. It is established that because of the direct involvement of the national mapping agency in land adjudication where VGI is utilized, the outcome is a case of formal adoption of VGI, while in the other case, where there is little or no involvement by the national mapping agency, the outcome is more of competition and substitution. The latter is an example in which the VGI is used just like any other information to inform policy making, rather than taking it as the authoritative source. We argue that since informality is – and will always be – part and parcel of land administration in many African countries as a result of ingrained social relations and power structures, adopting crowdsourced land information into existing formal land administration systems should consider the particular land administration process, satisfying innate demands and requirements, thus re-engineered to accommodate VGI.     

Planning for social inclusion: The impact of socioeconomic inequities on the informal development of farmland in suburban Beijing

Informal development on farmland is not only a major problem facing thousands of people, but also a major challenge to land use planning. In the rapidly growing literature on informal land development in China, most authors claim that ambiguous property rights and the dual land tenure system are the primary factors involved. As a result, existing state-led land use planning responses to informal development are solely focused on strengthening the legal regulation of land development. This paper challenges this approach, on the basis of the theory of urban informality. By examining many illegal gated communities in suburban Beijing, the paper argues that the informal development of farmland on the urban fringe is the result of local grassroots groups spontaneously responding to socioeconomic inequities in the context of transition to a market economy. These inequities mainly concern distributive inequity, procedural inequity and contextual inequity in relation to land use. It appears that the ongoing market-oriented initiatives of the state government could worsen informal land development unless these socioeconomic inequalities at the local level are tackled. The growing civil society is another change to the state's control of informal land development in China's cities. A new land use planning system which has more concern for social inclusion rather than focusing on centralized control is imperative in China.     

Determining strategies for the cadastre 2034 vision using an AHP-Based SWOT analysis: A case study for the turkish cadastral and land administration system

This study aimed to identify the current land management and cadastre system in Turkey and determine the most appropriate strategy for integrating the current structure with the principles of the Cadastre 2034 vision. In this work, the legal, institutional, and technical (LIT) status of the existing land management and cadastre system in Turkey was determined using a method based on Strengths, Weaknesses, Opportunities, and Threats (SWOT) and Analytic Hierarchy Process (AHP). Initially, the advantages or weaknesses of the existing land management and cadastre system in Turkey in terms of LIT aspects, opportunities, and threats arising from the external environment were determined by the SWOT matrix. Then, the information obtained concerning the existing land management and cadastre system in Turkey using this matrix was integrated into AHP and the most appropriate strategy was determined in terms of LIT aspects. For the existing land management and cadastre system in Turkey, from the legal point of view, the best strategy with a weighting of 30% was to ‘update the land administration legislation according to the conditions of the day’. The best strategy in terms of institutionalization was to ‘disseminate in-vocational training for the training of qualified personnel (28% weighting)’ and the best strategy from the technical perspective was identified as, ‘the use of technical and technologically advanced measurement techniques in spatial data collection (38% weighting)’. The goal in implementing the AHP-Based SWOT method is to improve the quantitative information basis of strategic planning processes. So, SWOT provides the basic outline within which to perform an analysis of the decision situation, and the AHP assists in carrying out SWOT more analytically and in elaborating the analysis so that alternative strategic decisions can be prioritised.