On the need for national land administration infrastructures

Many nations lack a coherent national approach to land administration. Instead, land information and processes are frequently disaggregated across states, provinces, cantons, counties, or municipalities. This is particularly the case in federated countries. The growing body of land administration theory often assumes or prescribes the need for national systems; however, the justification for this approach requires further explanation. Without justification, nations that maintain disaggregated systems lack the impetus to unlock the opportunities veiled within their disparate land administration systems. Moreover, a nation's ability to respond effectively to emerging national and global-scale issues such as climate-change is greatly impeded. This paper aims to explain the need for national land administration infrastructures. Qualitative case studies of the Australian context and the method of triangulation inform the justification. The research reveals most drivers can be classified into six overarching subsets: adherence to international standards by national governments, better federal or central governance, improved shared governance, scale of economies for lower levels of government, opportunities and savings for business, and social inclusion for citizens. Unfortunately, specific drivers are found to be complex and changeable, as political, scientific and environmental debates raise policy issues: there is no single solution. As an alternative, nations must seize on the specific drivers relevant to their context. They must employ them to transform disparate land administration systems into multi-purpose national land administration infrastructures that deliver benefits to all stakeholder groups.     

The living commons of West Tyrol,Austria: Lessons for land policy and land administration

A right of commoners to pastures existed since the Early Middle Ages in Anglo-Saxon England and the European mainland, including Tyrol in Austria. Lowland commons institutions were largely dissolved by the 19th century; however, in the European Alps contiguous commons remain alive. Some two thousand alpine commons institutions are registered in the Tyrolean parcel cadaster and land registry. A specific study of West-Tyrolean commons (known as Agrargemeinschaft or AGMs), framed by Ostrom's design principles is presented. General lessons for land policy and land administration are extracted. An interview period was split between the Inn valley and the Ötztal. Roughly half are considered independent: others are regulated by the Tyrolean Agricultural Authority. Some AGMs hold the full bundle of land rights: others only hold pastoral and forestry rights. AGMs consisted either of a single cadastral parcel or several contiguous parcels. In the Inn valley villages the pastoral commons were owned by the municipalities, while in the researched Ötztal, AGMs are frequently the full owners of the commons. AGM membership ranges between 5 and 60 farm households. The number of livestock units pastured was in most cases stipulated in approved regulations. Alpine commons larger than 200 ha are also hunting-zones: revenue is collected from the lease of hunting rights. Most of the alpine commons are designated and used as ski-zones. Upper portions of two alpine commons in the Ötztal are state protected natural areas. The number of farms with pastoral rights is declining at District and State level. Key lessons for land policy and land administration include: Ostrom's design principles being a precondition rather than a panacea; commons institutions requiring one clear ownership party; both public and collective ownership producing success; publically owned commons requiring a local representative; small membership numbers being preferable; small shareholdings not being preferable; decentralized governance being beneficial; internal democratic elections being beneficial; internal boundary records being superfluous; explicit sanctions being superfluous; mixed economies being acceptable; and geography being a significant influence on the longevity of pastoral commons.     

Evaluating land administration projects in developing countries

There have been various approaches to evaluating and comparing the performance of land administration and land titling projects in developing countries. Many of these consider the efficiency of land administration processes and the capacity of institutions. This paper presents the results of research undertaken by the authors and considers the most common approaches taken to date, and the strengths and limitations of these approaches. The authors argue that improvements are needed to project design and make recommendations for more effective use of socio-economic analyses.     

Evaluation of land administration systems

Currently there are no internationally accepted methodologies to evaluate and compare the performance of land administration systems. This is partly because land administration systems are in constant reform, and probably more importantly, they represent societies’ different perceptions of land. This paper describes the development of a framework to measure and compare the performance of land administration systems. The research is of particular relevance since it develops a management model which links the operational aspects of land administration with land policy.     

A conceptual framework for utilising VGI in land administration

Land administration systems assist citizens in identifying their rights, restrictions and responsibilities (RRRs) associated with land and property. However, delineating the spatial extent of all RRRs regulated in legislation remains a challenge. Approaches that have been used so far are mainly based on accurate surveying processes, which are untimely and too expensive. Previous studies proposed Volunteered Geographical Information (VGI) as a practical and low-cost method for fast acquisition of spatial data from volunteered contributions, mostly for countries where a limited number of land rights records exist. However, VGI could be beneficial for advanced and developing land administration systems in terms of collecting a range of RRRs which are not spatially well recorded and represented. A multidisciplinary review of the literature on VGI and land administration reveals the lack of a comprehensive conceptual framework for utilising VGI in land administration for the purpose of collecting a range of RRRs related to land and property. This paper investigates the main aspects of utilising VGI in land administration based on qualitative content analysis of available resources. The outcome of this research suggests that using VGI in land administration requires a comprehensive understanding of the complexities and interconnections of legal, institutional, technical and social aspects within each jurisdiction. These findings are merged to formulate a generic and innovative conceptual framework which serves as a basis for the process of collecting land and property RRRs from volunteer contributions.     

The evolving concepts of land administration in China: Cultivated land protection perspective

This paper presents a holistic method by integrating three concepts (land resources management, assets supervision and political governance for sustainability) for investigation of land administration in China, taking into consideration of cultivated land protection for a testimony with econometric method. Theoretically, in this self-organizing integrated method, land resources management focuses on the productivity of land; land assets supervision centralizes on the realization of land usufruct rights in land transference; land political governance for sustainability concentrates on harmonious linkage of economic efficiency, social stability and environmental safety of land use. Their interrelations are complex. Methodologically, the results indicate that the theoretical model is feasible to explain variations of cultivated land protection with these three concepts. Cultivated land decreases with increasing land value increment multiples, and is positive with political governance concept, but not in a linear fashion. Finally the results suggest that roles of government in land administration need to be changed and strengthened, supporting complete compensation for land expropriation and modification to policies of cultivated land.     

An evaluation framework for earthquake-responsive land administration

In recent years earthquakes and their secondary hazards have claimed the largest number of lives of all large natural disasters. Some of the world’s most earthquake-prone zones are also areas of high population density. The impact is magnified by vulnerability factors including non-enforcement of building codes, knowledge gaps, urban poverty and poor governance capacity to manage and reduce earthquake risks. Poor security of land tenure and property rights increases the vulnerability of people and affects their ability to respond to natural disasters.Earthquake recovery and reconstruction provides very significant challenges for land agencies, with these challenges differing from one country to the next due to differences in the local context. Drawing on contrasting case studies in Haiti, Nepal and New Zealand this paper identifies the common post-earthquake land administration functions and challenges that may apply to many contexts. These lessons provide land agencies and other key stakeholders with a summary of the challenges an earthquake poses for land administration at different post-disaster stages. We also discuss the policy and regulatory, institutional, operational and preparedness lessons for land administration. From these lessons we propose a framework for evaluating the earthquake-responsiveness of a land administration system. This framework can be used by a land agency in an earthquake prone region, or where an earthquake has recently occurred, to assess what challenges to land administration might occur in the event of an earthquake, and the preparedness of their land administration system.     

Governance assessment of the UAVs implementation in Rwanda under the fit-for-purpose land administration approach

Conventional land tenure recording approaches to create a sustainable land administration system (LAS) have been found to be of limited value in developing countries. To respond to this challenge, the ‘fit-for-purpose’ (FFP) approach was developed. This approach has gained relevance in the last years and promotes the use of new technologies like unmanned aerial vehicles (UAV) to provide valuable base maps. Yet, contemporary failures demonstrate that technological innovations should consider the governance context when being implemented. Understanding the relevance of the FFP approach and acknowledging the importance of institutional factors in policy implementation, this research presents and applies the ‘Fit-for-purpose governance assessment framework’ (FGAF). The FGAF operationalises the seven elements of the FFP approach with five governance dimensions of the framework named Governance Assessment Tool (GAT). To apply FGAF, our selected case study is focused on the UAVs implementation in Rwanda. We conducted 37 semi-structured in-depth interviews, a pilot project with Rwandese stakeholders, and analysed several official documents and national reports. Additionally, UAV data collection was carried out to test the performance of the technology too. This research found that participation and flexibility are the governance qualities that present the main challenges, while inclusiveness, affordability, upgradability, attainability and reliability provide better opportunities to implement UAVs. Based on our case study, we conclude that the governance context favours a top-down approach for the implementation of the UAV technology in the LAS. For the sustainability of the LAS, the central government should incentivize participatory governance models for local and non-governmental actors. Also, strengthening the capacities of the field agencies at the district level through fiscal decentralisation can support the effective uptake of the UAV technologies in the LAS.     

Violent visions of an ownership society: The land administration project in Petén, Guatemala

This article is a case study of phase one of the World Bank's land administration project in Petén, Guatemala. Although the project's stated aims are merely to formalize an existing set of individual landed property rights, this development intervention necessarily changes the property regime, thereby changing underlying relationships that land as property embodies. Impact evaluations conducted by development economists may fail to substantively address displacement and violence that occur as a short-term effect of the project and long-term disparate impacts of the project that may exacerbate existing inequalities. The case of Petén also highlights the possibility for violent enforcement of property boundaries, where conflict surges between the disenfranchised and those who gain power under the new property regime.     

Evaluating land administration systems: A comparative method with an application to Peru and Honduras

This article develops a comparative methodology for the evaluation of national land administration systems. We propose a set of quantitative and qualitative indicators with benchmarks for each one of them that signal possible venues to improve the administration's structure and budgetary/management arrangements, in order to bring about the following goals: (1) to contribute to public sector financing through taxes; (2) to encourage the productive and sustainable use of land, and (3) to facilitate access to land for low-income citizens. This methodology was applied to the cases of Honduras and Peru in order to refine our draft evaluation indicators, while evaluating the systems of both countries. Here we present the final refined indicators and benchmarks, and the conclusions from both case studies.     

3D Cadastres in India: Examining the status and potential for land administration and management in Delhi

Urbanization and the trend towards complex infrastructure development challenges the traditional two-dimensional (2D) cadastral representations used in conventional land administration. Three-dimensional (3D) representations are argued to serve as the future basis upon which to spatially define rights, restrictions and responsibilities (RRRs) in these environments. In Delhi, the capital city of India, where horizontal expansion via new settlements in peri-urban areas, and vertical expansion by densification of city infrastructure, are both prevalent, the need to manage this increasingly complex 3D infrastructure environment presents a great challenge for land administration and management agencies. This paper explores both the current and potential future application of 3D representation in Delhi, with respect to land use planning, development and management. A cross-cutting thematic case study analysis is undertaken: policy drivers, legal frameworks, organizational aspects, and technical standards are considered. For each aspect a separate analytical approach is used. Based on the results, it is concluded that current practices related to 3D representation are somewhat immature and not adequate for capturing the future vertical growth of Delhi. This could lead to legal and physical boundary inconsistencies and irregularities, and dispute cases. However, by learning from international developments and standards-based approaches, agencies have the potential to enhance and support processes in their respective land administration systems. To realize this potential, internal and external policies, institutional settings and, technical and financial arrangements need to be reformed. In the short term it is recommended to focus on raising awareness for the widespread adoption of 3D representations in relevant agencies in Delhi.     

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.     

Integrating decentralised land administration systems with traditional land governance institutions in Ghana: Policy and praxis

The aim of the Land Administration Project (LAP) policy reform for supporting the establishment of the Customary Land Secretariats (CLSs) is to formalise and strengthen customary land administration and management within the context of decentralised land administration. With the prospects of the CLSs becoming the legal local land administrative units, the paper assessed how traditional land governance institutions may have contributed to the decentralisation of land administration in Ghana. The research used case study strategy within the qualitative research paradigm and un-structured questionnaires were used to collect data. The analyses show that, simple land registries exist with traditional local governance institutions through the CLSs. The maintenance and effectiveness of this however depends on continuous improvement of records keeping, quality of office personnel and suitable office accommodation. This should be devoid of local power struggles among current and successive chiefs. Also, collaboration with public land sector agencies especially in areas of sharing information on rights, uses, disputes and preparation of planning layouts is paramount. These registries are mere extension of the state land administration apparatus as service units under the deconcentration of land administration powers. The paper concludes that the current policy focus on strengthening decentralised land administration through the CLSs may fail if attention is not given to the maintenance of the local registries. Revenue generation capacities of the CLSs need to be enhanced in order for them to recruit and maintain quality office staff, and acquire technical logistics. Decentralising land administration to the CLSs under the deconcentration of powers should be maintained in the interim because of the teething problems identified with this current system.     

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.     

Lessons learned: an evaluation of land administration initiatives in Latin America over the past two decades

Latin America has a long and rich history of land administration projects stretching back to the 1980s and beyond. Unfortunately, this history has not been systematically analyzed nor recorded but is buried in a myriad of reports and other gray literature. Currently, almost every country in the region has a land administration project, incorporating cadastral reform, that is either in preparation or being implemented. It is therefore timely to consider what lessons have been learned from previous experience, in the region and elsewhere, and more specifically how this experience can inform current efforts. This paper starts with a summary of a recent World Bank/USAID initiative to compile lessons learned from land administration projects around the world and follows with the author's view of lessons learned in the context of project design, institutional reform and technical innovation.     

Land administration “best practice” providing the infrastructure for land policy implementation

Land administration systems, and particularly their core cadastral components, are an important infrastructure which facilitates the implementation of land use policies. While most land administration systems traditionally have a primary objective of supporting the operation of land markets, they are increasingly evolving into a broader land information infrastructure which supports economic development, environmental management and social stability in both developed and developing countries. While a great deal of attention is given to land use policies worldwide concerned with such areas as forest management, coastal zone management, environmental sustainability and managing the urban environment, less attention is given to the infrastructures which facilitate the implementation of the associated policies and programmes. Importantly, all these activities rely on some form of land administration infrastructure which permits the complex range of rights, restrictions and responsibilities in land to be identified, mapped and managed as a basis for policy formulation and implementation. As a result, there is an increasing interest in the concept of land administration infrastructures and their core cadastres, in the principles and policies concerned with establishing such infrastructures and in “best practices”. In addressing this need, this paper attempts to explain the evolving concept of land administration infrastructures, the concept of “best practice” and the concept of a land administration “tool box” of principles, policies, laws and technologies which are useful in reforming or re-engineering land administration systems in support of a broader land policy agenda.     

Towards 3D-enabled urban land administration: Strategic lessons from the BIM initiative in Singapore

Over the last 15 years, there has been great interest and commensurate momentum in the land administration industry on realising the notion of ‘3D cadastres’. This leverages 3D digital technologies for producing, managing, registering and communicating information about complex, volumetrically defined land and property rights, restrictions and responsibilities (RRRs) that are commonly found in cities and urban areas around the world. There has been significant technical progress but implementation remains uncertain. This paper draws on research conducted on the implementation of 3D Building Information Models (BIM) for regulatory processes in the land development industry in Singapore to illustrate the range of strategies used to induce change in an instance of 3D digital innovation. The adoption of institutional theory as an analytical framework provides insight into the cultural and behavioural underpinnings of these strategies and what makes them particularly effective in producing a positive response to change. Given the similarity in the institutional characteristics of the land development and land administration industries, the case study findings are used to develop a framework of strategic principles that could conceivably be used to support ongoing international efforts to realise 3D cadastres.     

Land management for erosion prevention: A case study for a Turkish nature reserve

As a result of landslides and soil erosion, a substantial amount of soil has been lost in Turkey. Particularly, fertile lands have long been faced with the threat of erosion, largely as a result of traditional (unplanned) land use practices. This threat is more evident in the Black Sea Region with its rough topography and rainy climate. The basic reason for this threat is the lack of organization in land use planning and control. Although proposals, in the context of this requirement, are included in national development plans, they have not been implemented. Accordingly, in this study research based on spatial data evaluation was carried out for Sera Lake located in Akcaabat, Trabzon, Turkey. For this purpose, temporal area, depth and volume changes of the lake were determined by utilizing topographic maps, aerial photographs and hydrographical measurements. To evaluate determined changes in the size of the lake and to produce suggestions to legislators for required sustainable land management activities, information on land use/cover types, land ownership and climate in the vicinity of the lake was utilized. As a result, it was determined that the area, depth and volume of the lake were significantly decreased during the last decades, as a consequence of erosion mainly caused by traditional land use practices; thus, the lake is threatened with the danger of extinction due to erosion. Precautions required for the alleviation of erosion and other adverse environmental effects which largely seem to be caused by harsh physical properties (caused basically by topography) of the region were discussed. In support of the information inherent to the region, traditional arable land use was logically determined as the basic non-natural factor (which is directly prone to erosion) to be rearranged in the context of sustainable land management. In this context, beyond nationwide actions (national agricultural policy and Soil Protection and Land Use Law), which may provide the required land management tools in the long term, it is proposed that planning and accordingly land management activities specific to the study area (Sera Valley) should immediately be commenced in close collaboration with the related public (owners or farmers). However, behaviours of different types of land users (engaged in commercial, subsistence and semi-subsistence farming) and also high number of owners and/or farmers (caused by small pieces of land parcels owned/used in shares) make the desired collaboration almost impossible. This socio-economical problem may be solved by further developing the current land registry and cadastre system in terms of customary land use rights, land use/cover changes and updating procedures.     

Extra-legal land market dynamics on a Guatemalan agricultural frontier: Implications for neoliberal land policies

Neoliberal land policies such as land administration seek to improve property rights and the efficiency of land markets to boost rural economic production. Quantitative studies of pre-existing land markets can help planners to tailor these policies to local conditions. In this article we examine an extra-legal land market currently being modernized by a World Bank-sponsored land administration effort. Specifically, we use a hedonic-type revealed preference model and household survey data to estimate the factors affecting extra-legal land prices along an agricultural frontier in Petén, Guatemala. Our model indicates that land value is significantly affected by land attributes including location, tenure status, presence of water, distance to roads, and distance to landowners’ homes, and that land prices in the northwestern Petén are estimated to have risen on average 26.5% per year between 1977 and 2000. We contend that this rate of increase provides a strong incentive for colonists to speculate in land rather than invest in state sanctioned property rights. We conclude that if frontier development programs, such as land administration, are to become attractive to settlers in Petén and elsewhere, they must compete favorably with economic incentives associated with land speculation, or alternatively, target landowners who are not interested in playing the land market.     

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.