Land Administration 451418607 Lectures 9 and 10 Land administration best practice and the toolbox co

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Land Administration 451-418/607 Lectures 9 and
10 Land administration best practice and the
toolbox concept

• Ian Williamson

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There is an enormous amount of effort worldwide
to understand the problems of shelter, access to
land and security of tenure, sustainable
development, but very little attention to the
mechanics of policy implementation
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that is the practical or engineering side of
designing, building and managing land
administration infrastructures to facilitate
shelter, security of tenure and access to land
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Overview

• Evolution of best practice
• Dimensions of land administration reform
• The land administration tool box
• A holistic approach

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Evolution of best practice

• Changing humankind to land relationships
• Globalisation/localisation
• Modern best practice 19th Century
• Colonisation and de-colonisation (tensions with
  customary systems)
• Land titling after 1980s
• Move from technical focus to land policy focus
• Fall of communism and apartheid
• Increasing complexity of rights, restrictions and
  responsibilities

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Sources of best practice

• UN and World Bank
• NGOs
• Conferences
• Individual countries (aid organisations)
• Individual experts
• Books
• Journal articles
• Universities

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Dimensions of Land Administration

• Wide range of humankind to land relationships
• Dynamic nature of humankind to land relationships
• Countries at different stages of development will
  use different tools and strategies from the land
  administration tool box

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Humankind to land relationshipsRights,
restrictions and responsibilities

• Formal and informal
• Private, Leasehold, Common, Customary or
  Traditional
• Corporate
• Public and State

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Look at the developed world

• All these rights exist in developed world
• Formal and informal (homeless)
• Private ownership and rental (Germany 62, EU
  44, USA 33, Japan 39)
• Strata, cluster and condominium titles
• Trailer parks (slums?)

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There has been a pre-occupation with the
provision of full private rights in developing
countries
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Dynamic humankind to land relationship
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Countries at different stages of development in
Asia and Pacific

• Developed
• Newly industrialised
• Early stage of development
• Pacific island states
• Each of these groups of countries have different
  priorities and different capacities to undertake
  reform

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The role of the cadastre in land administration
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(No Transcript)
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Cadastral response to changing humankind to land
relationship
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The role of spatial data infrastructures in land
administration
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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
Local Planning
Local SDI
Corporate SDI
More detailed Data
The success of developing any type of SDIs,
heavily depends on individuals realising the need
to cooperate with each other within each state or
country
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Land administration tool box

• Land policy principles
• Legal principles
• Land tenure principles
• Land administration and cadastral principles
• Institutional principles
• Spatial data infrastructure principles
• Technical principles
• HRD or capacity building principles

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Land policy principles

• Land policies
• Roles and responsibilities of land related
  agencies, especially at central and local
  government levels
• Land administration vision or road map
• Clarification of the role of a land
  administration infrastructure
• Decentralisation

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Legal principles

• Land policy must drive legislative reform
• Integrated land administration legislation ie
  National Land Code
• Less statutory regulation rather tha more
• Regulations should be generic and broad
• Regulations should have sunset clauses
• Regulations should facilitate land administration
  processes

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Land tenure principles

• Need for a range of tenures to respond to
  different humankind to land relationships
• Flexibility to accommodate informal tenures into
  the formal system
• Flexibility to accommodate how people relate to
  land ie indigenous issues and flexibility in
  titles and boundary definition

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Land administration and cadastral principles

• Cadastral concept
• LA reform is long term
• Need for performance indicators
• Reflect role of LA infrastructure
• Focus on LA processes not institutions
• Acceptance of a wide range of options
• What constitutes success of a LA system
• Increasing focus on land objects, not land parcels

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Institutional principles

• Institutional issues core problem in LA reform
• Ministerial responsibilities, departmental
  structures, government-private partnerships
• Role of professional bodies
• Establishment of one LA agency

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SDI principles

• Role of infrastructures as distinct from
  business systems
• Role of SDI in land administration infrastructure
• Role of cadastral component in an SDI
• SDI principles ie hierarchy and partnerships

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Technical principles

• 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
• Technology is not an end in iteself it must
  serve the objective of LA

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Human resource development (HRD) and capacity
building principles

• Two key aspects of HRD
• Building the LA system
• Ensuring sustainable long term capacity
• HRD is not an add-on it is core
• Focus on private sector and professional
  organisations as well as public sector

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How do you know if you have a good land
administration system

• Policy performance indicators
• Security of tenure
• Poverty reduction
• Increase in GNP
• Facilitation of sustainable development
  objectives
• Operational performance indicators
• Parcels per one million population
• Boundary and title disputes
• Professionals per one million population
• Efficiency of land market (times and cost to
  subdivide, transfer and develop)

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Example of Operational Indicators Title disputes
per 1 million parcels
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Example of Operational Indicators Professional
surveyors per 1 million people
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Without a holistic and national land
administration vision and strategy, reform will
be piecemeal, inconsistent and possibly
ineffective.
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Importantly land administration infrastructures
cover an entire jurisdiction. They are not
just urban and they are not just rural.
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The land administration infrastructure should
support all private, public, state and corporate
Rights, Restrictions and Responsibilities
relating to land
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The infrastructure should support different
institutions, laws and technologies according to
the individual needs of the humankind to land
relationship
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the failure of so many governments to develop
equitable national land policies and practices
has been identified as a primary cause of
poverty, inequity and hence social instability in
society Sylvie Lacroux, UNCHS
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in particular, the absence of a comprehensive
approach or road map to guide the design of
reformsOmar Razzaz, Reforming Land and Real
Estate Markets, The World Bank
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Why are SDIs important for The World Bank?
Frederic de Dinechin, The World Bank

• Key for objective decision making and sound land
  based policy
• Support economic development
• Encourage socially and environmentally
  sustainable development
• Increasingly key components of many World Bank
  projects

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Re-engineering Land Administration Systems
Global Drivers of Change
Urbanisation
Globalisation
Technology
Sustainable Development
Micro-economic reform

Social System
Benchmarking and Feedback
Existing Land Administration System
Vision for human-kind to land relation- ship
Conceptual Land Administration System
Operational Land Administration System
Strategic planning
Implementation
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Land administration infrastructures must be user
driven!
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Building land administration infrastructures
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Exam Questions

• Review the three dimensions which influence
  humankind to land relationships and hence the
  land administration response
• Outline the seven (7) components of land
  administration best practice. Give an example
  of two principles for each component.