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Chapter three
Rural land information system
• this chapter is only about rural land information. Hence it excludes urban land information • it includes all types of holdings (private, communal and government) • The information has to be made open for the public • What Is rural land information? All, physical and legal, information related to rural land. The location, size, rights and encumbrances, class of land use, fertility level and etc. - What is the purpose of registering rural land information? - To enact or change policy - Effective administration of land - Ensure sustainable development - Ensuring tenure security of land holders - Improve livelihoods of holders - For better conservation of natural resources - To reduce rural land dispute Etc. What and how to register? • Generally, we have two methods of rural land information system. 1. Cadaster 2. Land registration Cadaster • Meaning, • purpose • type, and • the authority? Meaning Cadaster is just a system of writing or recording individual land parcels It records only a topographic information about a parcel (unit) of land. • A parcel is a unit of land with homogenous tenure interests, having a unique owner/tenant, land class and use, and bounded by wall, fence, bond or boundary markers. • Land has physical, fiscal and legal aspect. • It records up-to-date information about the land itself • Location, size, boundaries, fertility level, type of land use, • It uses a large scale cadastral maps which represent the graphical indices of the individual parcels showing the relative location of all parcels in a given region, and by written or textual records which represent the attribute files of the cadaster, in parallel. • It is called a parcel based information system and answers questions of where and How much about a certain plot of land. Purpose • Generally, the purpose of cadaster is to ensure sustainable development through effective land administration. • It also has many purposes like: - It brings about a secured land tenure - It enhances land taxation - Is an effective tool to protect state lands - Helps reduce land disputes - Cadastre plays quite a significant role in formulating, facilitating and monitoring land reform or policy - supports environmental management. - Cadastre is used to produce statistical data. Statistical data is important to decide for long-term strategic planning and short-term operational management. - It also help create political stability Types of cadaster • Though, the general purpose is the same, there are different forms of cadaster even within a single country • We use different criteria Example: 1. Based on the primary function for which they are established. - cadasters formed for taxation, - for supporting real estate transaction, and - others for land distribution 2. Based on location and jurisdiction. - separate cadastral institutions for urban and rural areas or - a unified cadaster - Centralized or - Decentralized 3. based on the method of collecting land information. - through ground surveys tied to geodetic control, also called conventional system, or - through uncoordinated ground surveys and measurements also called non-conventional system, or through aerial photography, or by digitizing existing historical records, etc Features of effective cadaster • it should be country wide to fully meet its goals and also avoid some unwanted results such as economic inequality. It should have permanent continuity. • it must be of an official nature run by a trusted and independent administrative agency. • must function based on sound, detailed and practical legislation. • should be available to any interested users through well developed procedures that are well publicized, simple to follow, inexpensive and responsive to customer needs (user -driven). • a good cadaster should develop a well-functioning financial regime. While the cost of initially establishing the cadaster is usually fully borne by the government investment, its subsequent maintenance should be based on cost recovery system, or even could be designed to generate additional revenue for the government. • a good cadaster should develop a career structure that ensures that staffs are well motivated and trained in their respective tasks. Land registration • Is another systematic means of maintaining Land Information . • It records legal information about a parcel • It records transactions, rights/ interests and encumbrances in relation to a certain unit of land. • It records who has, what right over a parcel including how it is acquired. Classifications • Deed Vs title systems • this relates to the degree of state involvement and judicial setting of the country • Deed system. - only deed, transaction or document is registered - A deed is a record of a particular transaction and serves as evidence of this specific agreement, - but it is not itself a proof of the legal right of the transacting parties to enter into and consummate the agreement. - provide a register of owners focusing on “who owns what”. • title system, - the title/ownership itself is registered and - is itself a proof of ownership and its correctness is secured or guaranteed by the state. - focuses on the land parcel and registers properties by presenting “what is owned by whom” - In terms of easiness, deed system is more suitable. But, the title system is more useful in terms of greater security of tenure and reliable information. Cadaster Vs land register • Cadaster is all about the physical information of a parcel • It answers questions of where and what size? • Land register records a legal information about a parcel • It answers questions of who and how? • The difference between them is on the administering institutions. - Cadaster- cadastral authority, engineers and etc. - Land register: courts, lawyers and ministry of justice. But, this time, there is the concept of multipurpose cadaster that unifies the two. • The similarity between the two is: both, in one way or another, talk about land. Or they deal with systematic maintenance of land information . their purpose is also similar Levels of Rural Land Registrations NRLAIS – National rural land administration information system. (2017) Is a harmonized land administration systems that use unified parcel and holding identification method thought the country. It stores all data, geometries and their associated textual information. Regional states should adhere to the national standards It has six levels - Central level- CENLAIS - the Central Land Administration Information System for data aggregation of all regional states of Ethiopia, and for supporting of the decision making and national policy development. - Regional level- REGLAIS - the Regional Land Administration Information System with advanced data processing capabilities and cadastral parcel data management including the management of zones and woredas within the concerned region - Zonal level- ZONLAIS – the Zonal Land Administration Information System with capabilities to view and carry out administrative operations at the zonal level. - Woreda level- WORLAIS – the Woreda Land Administration Information System located at the woreda level on which all land administration transactions are performed, i.e. it manages and updates holding/land rights and cadastral parcel data. - MASSREG - the Mass Registration System consisting of supporting technical tools for systematic (mass) land registration (ie the Ethiopian second level land certification program) and for data migration. The latter tool allows the migration of existing land administration data which adhere to a set of defined standards. Registering authorities • At federal level we have rural land administration and use directorate (RLAUD) under ministry of agriculture (MOA) • At regional level the respective competent authorities with their sublevels.