451418607 Land Administration

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451-418/607 Land Administration
Ten land administration statements and
Introduction to the land administration Toolbox
Abbas Rajabifard
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Overview

• Objectives
• To understand the statements implement the modern
  philosophy in land administration to develop and
  manage assets and resources within the land
  management paradigm to deliver sustainable
  development.
• To understand the circumstances affecting the
  design of LAS and to review the components of the
  land administration "toolbox".
• Topics
• LA benefits and LA Statements
• Best Practice
• The Land Administration Toolbox
• Required Reading
• Williamson, I.P. 2001. Land Administration "Best
  Practice" providing the infrastructure for land
  policy implementation. Journal of Land Use
  Policy, 18 297-307

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Land AdministrationBenefits
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INTEGRATED land administration

• Land administration systems (LAS) provide a
  countrys infrastructure for implementation of
  its land-related policies and land management
  strategies.
• Land in modern administration includes resources,
  the marine environment, buildings, and all things
  attached to and under the surface.
• Each country has its own system, but this course
  is primarily about how to organise successful
  systems and improve existing systems.

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INTEGRATED land administration

• This exploration of LAS provides an integrated
  framework to aid decision makers to make choices
  about improvement of systems.
• The improvement of integrated LA involves using
  four basic ingredients in the design of any
  national approach
• the LA paradigm, with its four core
  administration functions (land tenure, value,
  use, and development)
• common processes found in every system,
• a Toolbox approach, offering tools and
  implementation options, and
• a role for LA in supporting sustainable
  development.

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Formal and Informal Systems

• While informal systems constantly emerge and
  change, the global trend is to manage land
  through formal systems.
• The reasons for formalising LA are complex and
  changed radically over the last century.
• Most countries still seek the traditional
  benefits of a LAS.

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Traditional benefits of LAS

• Support for governance and rule of law
• Alleviation of poverty
• Security of tenure
• Supporting formal land markets
• Security for credit
• Support for land and property taxation
• Protection of state lands
• Management of land disputes
• Improvement of land planning
• Infrastructure development
• Management of resources and environment
• Information and statistical data

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Modern vs Traditional LAS

• While the traditional benefits remain the
  predominant incentives for a countrys investment
  in its LAS, even more compelling reasons flow
  from global environmental issues and population
  increases.
• Also, while the traditional benefits inform the
  mission statements of the agencies running LAS in
  developed countries, a modern LAS approach
  requires these agencies to operate beyond their
  immediate silos, deliver larger economic
  benefits, enhance the capacity of land
  information, and support regional, not just
  jurisdictional, environmental management.

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Greater benefits of modern LAS

• Thus the boarder benefits identified below are
  relevant to all nations
• Managing how people think about their land
• Delivering sustainable development
• Building economies, not just land markets
• Achieving social goals
• Managing crises
• Building modern cities
• Delivering land information for governance and
  sustainability
• Encouraging take up of new technology
• Balancing national relativities reducing the
  divide between rich and poor nations
• Delivering the Millennium Development Goals
• Providing a framework for delivery of water and
  sanitation

• Thus the boarder benefits identified below are
  relevant to all nations
• Managing how people think about their land
• Delivering sustainable development
• Building economies, not just land markets
• Achieving social goals
• Managing crises
• Building modern cities
• Delivering land information for governance and
  sustainability
• Encouraging take up of new technology
• Balancing national relativities reducing the
  divide between rich and poor nations
• Delivering the Millennium Development Goals
• Providing a framework for delivery of water and
  sanitation

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Delivering the Millennium Development Goals

• Eliminate extreme poverty and hunger
• Achieve universal primary education
• Promote gender equality and empower women
• Reduce child mortality
• Improve maternal health
• Combat HIV/AIDS, malaria, and other diseases
• Ensure environmental suitability
• Develop a global partnership for development.

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TEN LAND ADMINISTRATION STATEMENTS

• The Ten land administration statements set
  boundaries for designers, builders and managers
  of LAS to help them make decisions about their
  local system.
• Overall, the statements are written with the goal
  of making establishment and reform of LAS easier.
  
• The statements implement the modern philosophy in
  LA to develop and manage assets and resources
  within the land management paradigm to deliver
  sustainable development.

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TEN LAND ADMINISTRATION STATEMENTS

• LAS LAS provide the infrastructure for
  implementation of land polices and land
  management strategies in support of sustainable
  development.
• Land management paradigm The land management
  paradigm provides a conceptual framework for
  understanding and innovation in land
  administration systems.
• People and institutions LAS is all about
  engagement of people within the unique social and
  institutional fabric of each country.
• Rights, restrictions and responsibilities LAS
  are the basis for conceptualising rights,
  restrictions and responsibilities (RRR) related
  to policies, places and people.
• Cadastre The cadastre is at the core of any LAS
  providing spatial integrity and unique
  identification of every land parcel.

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TEN LAND ADMINISTRATION STATEMENTS

• LAS are dynamic Dynamism has four dimensions.
• The first involves changes to reflect the
  continual evolution of people to land
  relationships.
• The second is caused by evolving ICT and
  globalisation, and their effects on the design
  and operation of LAS.
• The third dimension is caused by the dynamic
  nature of the information within LAS, such as
  changes in ownership, valuation, land use and the
  land parcel through subdivision.
• The fourth dimension involves changes in the use
  of land information.

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TEN LAND ADMINISTRATION STATEMENTS

• Processes LAS include a set of processes that
  manage change.
• Technology Technology offers opportunities for
  improved efficiency of LAS and spatial enablement
  of land issues.
• Spatial data infrastructure (SDI) Efficient and
  effective land administration systems that
  support sustainable development require a spatial
  data infrastructure to operate.
• Measure for success Successful LAS are measured
  by their ability to manage and administer land
  efficiently, effectively and at low cost.

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Sources of best practice

• UN and World Bank
• NGOs
• Conferences
• Individual countries (aid organisations)
• Individual experts
• Books
• Journal articles
• Universities (Steudler, PhD, Framework for
  evaluation of LAS. http//www.geom.unimelb.edu.au
  /research/publications/PhDThesisDanielS.pdf

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An introduction to the land administration
Toolbox
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Reasons for the land administration Toolbox

• The use of the Toolbox approach is one of the
  basic ingredients to improving integrated land
  administration
• So far in the course weve discovered..
• A) a wide range of people to land relationships
• B) the dynamic nature of people to land
  relationships
• C) that different pressures and priorities exist
  on land
• Therefore
• Countries at different stages of development will
  use different tools and strategies from the land
  administration Tool box

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Reasons for the land administration Toolbox

• Each country has an existing land management
  system, whether it recognises this or not.
• The concept of a Toolbox is analogous with
  choice.
• The Tool box approach allows a specific country
  or jurisdiction to select the appropriate tools
  to meet its immediate and future requirements.
• The Tool box approach is universally applicable
  because each country needs to start from an
  analysis of its existing capacity when designing
  and improving LAS.

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Land Administration Toolbox

• The toolbox itself is always in progress. It is
  an unfinished, and even a never to be finished,
  exercise.
• Within the Toolbox, three categories of tools are
  listed
• General LAS tools
• Specialist LAS tools
• Emerging LAS tools

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The Land Administration Toolbox

• General Tools
• Land policy tools
• Governance and legal framework tools
• Land market tools
• Marine administration tools
• Land use, land development and valuation tools
• ICT, SDI and land information tools
• Capacity and institution building tools
• Project management, monitoring and evaluation
  tools
• Business models, risk management and funding
  tools

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The Land Administration Toolbox

• Specialist Tools
• Tenure tools
• Registration system tools
• Titling and adjudication tools
• Land unit tools
• Boundary tools
• Cadastral surveying and mapping tools
• 3D, strata and condominium title tools

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The Land Administration Toolbox

• Emerging Tools
• Tools for managing of restrictions and
  responsibilities
• Pro-poor land management tools
• New African land management tools
• Social tenure tools
• Non-cadastral approaches and tools
• Gender equity tools
• Human rights tools

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Land policy principles

• Defining, announcing, implementing policies
• Land administration vision or road map e.g.
  Land management paradigm
• Roles and responsibilities of land agencies,
  especially at central and local government levels
• Clarification of the role of a LAS
• Decentralisation
• eGovernment
• For Australia, policies are -
• SUSTAINABILITY
• Management of the institution of property in
  land and resources

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Legal principles

• Land policy must drive legislative reform
• Integrated land administration legislation
• Less regulation rather than more
• Regulations should be generic and broad
• Regulations should facilitate land administration
  processes
• Overall, law should deliver security of tenure
  and minimise disputes.

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Land tenure principles

• Support the range of tenures reflecting different
  people to land relationships
• Allow transition for informal tenures into the
  formal system
• Provide flexibility for the unusual - indigenous
  issues, negotiated clan ownership and fuzzy
  boundaries
• Encourage provision of infrastructure of roads,
  drains, utilities, etc.

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Land administration and cadastral principles

• Cadastral concept
• LAS reform is long term
• LA is not land reform or land redistribution
• Need for performance indicators
• Reflect role of LAS
• Focus on LA processes not institutions
• Permit a wide range of options
• Define standards of success of a LAS
• Focus on property objects, not land parcels

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Institutional principles

• Institutional issues are core problem in LA
  reform (usually technology is not)
• Ministerial responsibilities, departmental
  structures, government-private partnerships
• Roles of professional bodies
• Establishment of one LA agency
• eGovernment
• Problems of federated states

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ICT Options and SDI principles

• Role of infrastructures as distinct from
  business systems
• Role of SDI in LAS
• ICT options in LAS
• Cadastral component - fundamental role in an SDI
• SDI principles ie hierarchy and partnerships

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Role of SDI in land administration infrastructure
Less detailed data
Global SDI
Global Planning
Regional SDI
Regional Planning
National Planning
National SDI
State SDI
State Planning
Success of an SDI depends on cooperation among
individuals within each state or country
Local Planning
Local SDI
Corporate SDI
More detailed Data
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More technical principles

• Sometimes dominate, but they are just one
  component
• Cadastral surveying and mapping options
• Boundary definition options
• Computerisation and data recording options
• Access options eGovernment
• Technology is not an end in itself it must
  serve the objective of LAS

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Human resource development (HRD) and capacity
building principles

• Capacity is the power of something the power of
  societies, institutions and individuals
• Two key aspects of HRD
• Building the LA system
• Ensuring sustainable long term capacity
• HRD is core - not an add-on
• Focus on private sector and professional
  organisations plus public sector