ASPECTS REGARDING THE PUBLISHING AND LISTING OF CADASTRAL DATA FOR VERIFICATION BY OWNERS

BY GHEORGHE NISTOR, *GHEORGHE SLCEANU, MIHAELA CRDEI AND RALUCA MARIA MIHALACHE

Abstract: On the basis of cadastral data collection from the sectors of the administrative territory, the surveyed data is then uploaded into the Database, in the form of graphic and non-graphic/textual representation, corresponding to the Land Register, with a transient or indefinite character. Subsequently, the activity of setting up the final or real cadastre is carried out. Thus, the pattern of the informational flux switching from the data of the declarative cadastre to the data of the final cadastre is presented. This implies the obligation to inform the owners by written letter or by public listings about the land surveying and mapping in places agreed by the Municipality. This action will compare the data held by land owners in ownership documents, with the data of mapping and measurements. This will help them fill in the interview form, it will assist in solving and analyzing appeals, and it will update the data by registering and tabulating the latest integrated information in the Land Register, in a realistic and correct manner. The cadastral documentation is prepared on the basis of a framework Protocol of cooperation between ANCPI (The National Agency for Cadastre and Real Estate) and Iasi Municipality. This paper presents a series of issues which surfaced at this working stage. Keywords: Cadastre, Real Estate, Database, Land Register, Mapping.

1. Introduction According to Law nr.7/1996, the general cadastre is a unitary and mandatory system of technical, economic and legal land registration, with the overall objective of identifying and recording on maps and cadastral plans of all land and other properties throughout country, irrespective of their ownership. Basic entities of this system are the plot, the construction and the owner. The general cadastre is organized at the level of each administrative-territorial unit: village, town, city, county and entire country. The derivative objectives of the Informational System of General Cadastre at municipal level are of great importance, the data and the information serving to a multitude of activities: - presenting in real time of detail data necessary to legal, fiscal and administrative institutions; - transmitting synthesized data to directions of statistics and legal authorities on the status and evolution of the land register on counties and the entire country; - providing material elements necessary to real estate advertising materials for the establishment and security of property rights, protection of state public and private domain, reduction of litigations and solving legal conflicts; - elaborating studies on land use, environment protection, land resources and other activities extended to large areas; - support of political, technical and economic decisions;

- supporting the development of land market; - ensuring transparency through publication of cadastral data; - integration of general cadastre in the land register etc. The set up of a modern Integrated Informational System of General Cadastre at the level of Iasi municipality contains a set of procedures and methods grouped within an information flow. It comprises the development of cadastral data collection, data sources, data processing and storage, publication of results for consultation by shareholders and compensation calculation areas, solving/handling appeals, the inclusion in the Land Register as well as web-site publishing. This model can be implemented as such or it can be adapted to the specific requirements of the administrative units. 2. Stages of the General Cadastre Information System The most important stages of setting up the informational system of general cadastre at the level of a municipality are presented in Table 1: Table no. 1 Nr. Stage works Specific operations 0 1 2 1. Preparatory works Establishing requirements, ensuring financing, obtaining permits, preparing specifications, tendering, signing contracts etc. 2 Analysis of the actual Analysis of the situation in terms of geodetic and situation cartographic data base, of the executed works. 3 Preparing overall technical Setting up options in relation to the analysis of the and execution design for existent status and the technical standards and financial the entire activity, based resources. on the field analysis, on Field and office work the analysis of the existent works and of the size and complexity of the territory 4 Designing, setting up and a) planimetry determining the municipal 1 Basic GPS network geospatial geodetic 2 Main polygonometric/polygonal network network to integrate in the 3 Secondary polygonal network national system, offset b) Levelling block, in ETRS 89 system rehabilitations, modernisation and thickening of precision and Stereo 70 levelling network 5 Delineation of borders and a) outside the city boundary territory marking of cadastral administrative delineation of the municipality administrative territory, and the neighbouring villages according to Law 7/96 and the perimetres inside, Law 2/68 on delineation of each administrative unit terrain and other b) inner boundary destinations that occupy determining the perimetre of built city large areas 6 Flight project to obtain Designing flight plan orthophotoplan at the scale Approval 1:500 Obtaining flight permits Flight

8 8.1 8.2 8.3 8.4 9

10

11

12

13

14

15

Determining geodetic Field work and calculations thickening points to support network, necessary for the topographic survey and photogrammetric determination Processing photogrammetric image Photogrammetric Photogrammetric mapping determining activity Aero triangulation Aerotriangulation. Creating aerotriangular bands or blocks of aerotriangulation by binding patterns or adjacent bands Designing orthophotoplan Processing specific to design of orthophotoplan on scale on scale 1:500 1:500 Designing restored plan on Vectorisation based on orthophotoplan and designing scale 1:500 restored plan on scale 1:500 Zoning and cadastre Zoning and sectorisation of administrative territory, sectorisation according to norms. Thus, we obtained 28 traditional zones (Copou, Ciric, Pacurari etc.) and 303 cadastre sectors, arondated to the 5 city halls neighbourhood centres and GIS headquarters Cadastral numbering and Manual and/or automatic procedures marking the types of actual land use with symbols Field measurements to a) integration by classic measurements with or without design the basic automatic devices (electro-optical) topographic plan, by b) repers and photogrammetric decryptions for new plans completing the restored plan Drawing up field original a) drawing up field originals based on measurements plans based on new b) based on copies after field originals and, whenever measurement or by possible, of photogrammes deriving them from the basic topographic plan Gathering textual and a) based on printed copies of derived cadastre plans descriptive data for real b) based on copies of the field original and, if possible, of estate fund. Identifying photogrammes owners and use categories c) based on ownership documents of the land d) registering in specific forms Downloading data files a) offline and organising the data b) online base of the general cadastre for the municipality Calculation and a) by coordinates obtained through classic and/or compensation of areas automatic measurements b) by coordinates obtained through analytic

16

Publication data

of

cadastre

17

Cadastre updating

documentation

18

Presenting data to Real Estate Office (OCPI Iasi)

19

20

Verifying information coherence of data. Importing data in GIS system Writing cadastre registries using data automatic processing and printing devices of output data

photogrammetric measurements a) b) drawing up lot plan on sectors c) drawing up lists of owners on sectors d) publication of cadastre data on sectors in established locations e) validating documents of the owners. Designing an Interview Form f) writing appeals by the owners g) finding solutions and sending them to the commission - ensuring transparency of data. SCADIF applications and file of real estate a) checking the closure of areas on cadastre quarters/sectors b) checking closure of inside border areas c) checking closure of outside border areas Finishing data processing and presenting data to Real Estate Office: a) setting up the collective land register b) setting up the individual land register c) upgrading Urban Data Bank Verifying information coherence of data

21

22

a) file of real estate units b) land register of owners c) land register of lots d) land register of real estate e) alphabetical index of owners Mapping and editing a) drawing up the trapeze grid general cadastre plan of b) editing. Automatic procedures the administrative unit and multiplying it in the necessary number of copies Control, reception and Order of ANCPI President approval of introducing general cadastre

In the end, after the necessary verifications and approvals, the documentation follows the formalities of real estate publicity, that is registering the buildings in the permanent Land Register. Only in this way, the system can and will effectively become the guarantee of the ownership rights according to the Constitution. 3. Publishing cadastral data in order to check and complete information on real estate and owners The stage of publishing cadastral data contains two types of activities, developing at the same time.

3.1 Activities to complete the temporary cadastre plan Gathering cadastral data must be finalised by elaborating some temporary cadastre documentations. This attribute of temporary is owed to the fact that for some of the buildings, the data will be gathered from temporary documentations at the Real Estate Office, and for others these are gathered from the Economic and Local Public Finance Direction, the Agricultural Registre, the property laws and from statements of the owners. Thus, the stage of gathering data for cadastre sectors and uploading them in the Urban Data Bank, as graphic and non-graphic registration, is the stage of setting up the temporary Land Register. This stage is necessary as the owner of the real estate gains and retains ownership rights on the real estate. The temporary registration, by which a real estate ownership right is aquired, modified and erased, is done under condition and to the extent that it is justified, representing a conditioned or imperfect tabulation. The aim is to confer the attribute of real when it will be changed to permanent registration. 3.2 Activities to set up the permanent cadastre plan Completion of gathering cadastre data on various sectors grouped in one area and processing them lead to the beginning of activities in relation to the set up of real/permanent cadastre. All these activities start by publication of cadastre data and have as objective the comparison of declarative cadastre data to the real cadastre data, based on authentic ownership documents, data which will be the base of registring the real estate in the permanent Land Register. This stage implies the following activities: - informing real estate owners on the publication of cadastre data. This is done by mass-media and the official site of the city hall, in a simple and easy to understand language on the purpose and importance of this activity, as well as the expected advantages at the level of each owner and at the level of the municipality - publication of lot plans for the processed sectors was already done at the neighbourhood centre of the city hall, in a large room with a good visibility of documentations - identifying real estate by the owners. The Protocol between ANCPI and the city hall provides that the publishing of cadastre data for verification and approval of owners is done in compact groups of 10-12 cadastre sectors. The information flow is shown in Fig. 1. - comparison of data obtained through measurement and declarative data, to the data in the authentic ownership documents. After identifying the lot and identification elements of the lot and the owner, the borders and neighbourhoods will be checked. In case of differences between the existence, location, area, land category, ownership documentation, legal status of real estate, then the owners will fill in the Interview Form, without filling in data on the measured surface. In case owners do not possess the temporary cadastral documentation or ownership documents they will fill in the Interview Form even if they are not on the list. Their appeal will be done by filling in a special form. - analysis of appeal and answers from the commission The commission is made up and approved by the territorial office, according to legal provisions. The appeals, according to art. 1, align. (6) of Law 7/1996, republished, will be solved in 60 days. After solving the appeals and correcting the lot plans and the Urban Data Bank, it will inform those interested that that lot plan is updated. - verifying inclusion of land areas on cadastral sectors. The calculation of areas is done analytically, by coordinating the points of the borders of the administrative territorial

Level returned Sources - field data - O.C.P.I. Iai (CF) - Lot plan (Villages, agencies)

LAND AREA Field data collection building identification owner identification measurements
Creation of an urban data base Land plan - Land register

Sources - DAPPP - Agricultural register - Property laws - DEFPL

PHASE I

Acknowledge areas of measurements results with the existing provisions

Publication of Cadastral Data (on areas) Land plan List owner

Preparation / Updating cadastral documentation

Confrontation with measurements authentic instruments Making FIA DE INTERVIU (Annex B)

Provisional Cadastral surveys (declarative)

Appeals analysis PHASE II

Written communication to owners

Calculation and compensation of the areas, on: parcels of land, property, blocks, cadastral sectors, city, map charts Show the land plan on the Internet Land plan consultation Update of land plan Update of land register Registration automatically in the Land Book on Cadastral Sectors

Final Cadastral surveys (real)

Order of the A.N.C.P.I. President for the introduction of the General Cadastral Surveys

Fig.1

unit (perimetre of outborder and inborder domain, subdivided on cadastral sectors), of real estate units and lots after processing field and office data. The values of areas registered in the general cadastre documents are measured in square meters. The areas calculated and registered in the general cadastre can differ from the areas registered in ownership documents. The owners will be informed on potential differences and can contest them, according to legal provisions. To control areas the following will be considered: - the sum of lot areas in ownership documents equals the calculated sum of areas of lots, constraints; - the sum of real estate areas equals the calculated sum of cadastre sectors; -the sum of cadastre areas equals the calculated sum of inborder and outborder domain. 4. Presenting data to OCPI to complete the permanent Land Register The documentation will be presented in two stages: a) the technical documentation on the whole administrative territory, constituted by: - the general technical project and the execution project - the delimitation of administrative territory - the geodetic data (point networks, descriptions, processed data etc.) - photogrammetic data b) cadastre technical documentations on cadastre sectors, according to the project of finalising the stage, constituted by: - technical descriptive documents - cadastre plan of the sector, drawn up according to the pre-established specifications; - printed registers - alphabetic index of owners - files of the graphic and text data bases, in the required format and organisation - list of ownership documents unregistered correctly - the external checking file of the paper The new Land Registers will open on stages, on cadastre sectors, after solving all the appeals, according to Law of Cadastre and Real Estate nr. 7/1996, republished. After the technical reception of the general cadastre on a certain cadastre sector, the new buildings will receive cadastre numbers, continued from the numbers registered in the general cadastre. The final documentations will be the collective Land Register and the individual land register. In case the properties are common or in severalty, all the owners will be registered, indicating the individual property of each owner. The municipality real estate GIS can be accessed by all those concerned, using an application designed by Iasi municipality, SCADIF Informational Cadastre System, online, according to legal provisions. The application has as main objective the presentation of the information plan of the municipality to obtain cadastre data, with reference to real estate, which can be temporarily accessed on www.5psolutions.eu/gis. The web presentation site, designed in GML, is characterised by the following conceptual characteristics: - it uses a map server which generates the images of the plan; - an interactive plan loading images generated by mapserver; - conversion from .dmg, .dxf in .shp, .dbf; - interrogation using various fields; - manages three graphic levels (artery, lot, building); - user interface etc.

The presentation of functions is done in submenus within a horizontal bar, and can be accessed by clicking on each: home, about application, FAQ, Plan of Iasi. After visualising the informational plan of Iasi municipality the building can be accessed, searching after address or unique cadastre code, and can be visualised in location, geometric configuration and type of ownership. The main console comprises the informational cadastre plan, the thematic levels and work options for those, the area can be identified by a red rectangle delineating it. The main area presents work options with the functions: search building (street, building, cadastre entity, selecting number in the updated address plan of the municipality, cadastre number). The scale of the plan has two options: zoom, and plan editing on standard scale, 1:500. At printing, there are printing options to introduce elements refering to scale, projection system (Stereo 70 or UTM), format (A3 or A4), type of printer etc. The edited document is official, bears the header of the City Hall, GIS Direction Cadastre, electronic signature of the director, editing date and address. Taking into account that the set up of a national cadastre presupposes an important number of activities, on a relatively large time expanse, the cadastre works cannot be finalised at the same time and in a short period of time, especially in the case of large administrative units, cities and municipalities, Law 7/1996 makes provisions for a gradual and progressive introduction of the new system of real estate publicity. Thus, this system is based on the final Land Registers, at the finalising of cadastre activities in each administrative unit. Until the Land Registers are finalised they will become functional on cadastral areas/sectors, along with the traditional publicity and registration system, respectively the temporary Land Registers. The paper presents the stages and concrete activities to set up the Informational System on the procedures and methods, grouped within an informational flux on gathering cadaster data, data sources, processing and stocking the data, results publication to be consulted by real estate owners, calculation and compensation of areas, solving appeals. Thus, the data will be registered in the final Land Register and cadastral data will be published on the internet. The application SCADIF (Informational CADastral System), a specialised web application, permits online consultation of information on own real estate from each owner. The model can be implemented as such or can be adapted to concrete requirements of the administrative territorial units intending to implement the system. 5. Conclusions The publication of cadastre data to be consulted by real estate owners allowed the following aspects to be noticed: The publicity and data display at the city halls neighbourhood centres was done in local mass-media, informing on the numbers of cadastral sectors, quarters, streets etc., as well as the working agenda (calendaristic period, consultation hours, interview forms, authentic ownership documents etc.) The activity started on 20.05.2009, at present being in the 5 th stage (18.03.201018.05.2010), the area representing approximately 4000 ha. The last two stages will take place during June August 2010, the remained area summing up to 1200 ha. Within each stage, the owners had a legal time span of 60 days to check the data accuracy and write down complaints. Data publication was done simultaneously, on sectors from inside border and outside border areas, starting from the west side of the city, each sector conforming to the specific location.

 All real estate owners, after consulting the lists and the lot plan, with technical assistance, filled in the interview form, in the presence of specialists from the city hall. An important percentage was noticed in absence of authentic ownership documents. The presence at the accuracy checking of cadastral data of the owners was in general low, of approx. 20%. Though, a part of the absent owners later presented at the city hall, at the GIS Direction, to fill in the interview form and the complaints. The commissions analysing the complaints met only once, due to lack of personnel. Moreover, the land register office did not elaborate permanent tabulations. Some of the most severe difficulties are the differences between the areas as appear in documents and areas measured and represented on the cadastral plan, overlapping of real estate in case of different owners, lack of concordance of neighbours of real estate, absence of real estate in the lot plan, although there was a formal sheet possession, absence of percentage of severalty for each owner, lack of concordance of addresses etc. Received, April 20, 2011 Jassy, Cadastre *City Hall of Jassy, GIS- Cadastre Service REFERENCES: 1. Herbst V., Definition of interface between communal GIS and land book as well as the connection to other clients. Leipzig, GTZ, GFA Terra Systems GmbH, 2004 2. Majid S.A., a Multi-Purpose Cadastre Prototype on the Web. Department of Geomatics, Faculty of Engineering, The University of Melbourne, 2000 3. Nistor Gh., Slceanu Gh., Implementing GIS technology in the set-up of real estate-urban information system of a city. Bul.Inst.Polit., Iai, LIII(LVII), 1-4, s.Hidrotehnic, 93-111, 2007 4. Slceanu Gh., Contribuii la realizarea Sistemului Informaional Geografic pentru cadastrul imobiliar-edilitar al unui municipiu. Tez de doctorat, Univ.Tehnic Gh.Asachi, Iai, 2009. ASPECTE PRIVIND PUBLICAREA I AFIAREA DATELOR CADASTRALE, N VEDEREA VERIFICRII ACESTORA DE CTRE DEINTORI (Rezumat) Pe baza culegerii datelor cadastrale pe sectoare ale teritoriului administrativ, se face ncrcarea lor n Baza de Date, sub form de nregistrri grafice i nongrafice/textuale, care corespund Crii funciare cu caracter nedefinitiv. n continuare, se desfoar activitatea de realizare a cadastrului definitiv/real. Se prezint modelul fluxului informaional pentru trecerea de la datele cadastrului declarativ la datele cadastrului definitiv. Aceasta presupune obligaia aducerii la cunotina deintorilor, prin ntiinare scris i prin afiare la locaiile stabilite de ctre Primrie. Prin aceast aciune, se realizeaz confruntarea de ctre deintori a datelor din msurtori i a celor declarative, cu datele din actele de proprietate, completarea fiei de interviu, analiza i rezolvarea contestailor, actualizarea cu datele rezultate i nscrierea/intabularea n Cartea funciar cu caracter definitiv. Documentaia cadastral definitiv se ntocmete pe baza Protocolului cadru de colaborare intervenit ntre ANCPI i Primria Municipiului. Gheorghe Asachi Technical University, Department of Terrestrial Masurement and

n lucrare, sunt prezentate o serie de probleme ce apar n aceast etap de lucru.