This resources, and information resources. All these three axes

This
global perspective of LA relates the four functions of LAS to support efficient
land markets and effective land-use management for promoting sustainable
development.

Land Tenure: Land tenure can be
defined as the way people are holding the land. More specifically, land tenure
is the perceived institutional arrangement of rules, principles, procedures and
practices, whereby a society or community defines control over, access to, management
of, exploitation of, and use of means of existence and production (Dekker,
2006)1. The
land tenure part of LAS deals with the allocation and security of rights in
lands, the legal surveys to determine the parcel boundaries, the transfer of
property or use from one party to another through sale or lease, and the
management and adjudication of doubts and disputes regarding rights and parcel boundaries.

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Land Value: Land valuation is a part
of LAS dealing with economic dimensions of land (Dale and McLaughlin, 1999)2. Land
valuation system has its own process to approach to the value. This process is
affected by three main axes in which the first axis includes the inputs
comprising legal title (legal rights), legal use, and legal location; the
second axis deals with the constraints comprising valuation laws and
regulations, valuation measure standards, code of conduct, and methodologies;
and the third axis comprises the resources comprising human resources, and information
resources. All these three axes are required to produce the value (Al-Omari,
2008)3. Thus the
land valuation part of LAS concerns the assessment of land value and
properties; the gathering of revenues through taxation; and the management and adjudication
of land valuation and taxation disputes.

 

Land Use: The land use part of
LAS deals with the control of land use through adoption of land-use planning
policies and land use regulations at national, regional, federal, and local
levels; the enforcement of land use regulations; and the management and
adjudication of land use conflicts. Land use is concerned with both the
formation of new units of real properties and the readjustment of the existing
ones involving changes in both the purposes of their use and their spatial
structure. Economically, land use can be justified in terms of land
consolidation, definition of ‘best use’, territorial readjustments (land
re-organization) or imposition of restrictions (Auzins, 2004)4.

Land Development: The land
development part of LAS deals with the processes and institutions related to
building of new physical infrastructure and utilities; the implementation of
construction planning; public acquisition of land; expropriation; change of
land use through granting of planning permissions, and building and land use
permits; and the distribution of
development costs.

The land information infrastructure provides a base for running the
interrelated systems of LAS within the four interrelated areas. The land information
area should be organized to combine cadastral and topographic data and thereby
link the built environment (including legal land rights) with the natural
environment (including environmental and natural resource issues). Therefore,
land information should be organized as a spatial data infrastructure at regional/federal,
national, and local level based on relevant policies for data sharing, costs recovery,
access to data, standards, etc. (Enemark, 2005)5.

In a nut shell, LASs are the basis for conceptualizing rights, restrictions and
responsibilities related to people, policies and places. Property rights are normally
concerned with ownership and tenure whereas restrictions usually control the
use and activities on the land. Responsibilities relate more to a social,
ethical commitment or attitude to environmental sustainability and good
agricultural activities (Enemark, 2009b)6. In the
UN-ECE (2005)7
document, LAS is considered as part of the infrastructure that supports good
land management. It is further stated that LAS should be treated as a way to an
end, not an end in itself.

 

It
is evident from the above discussion that LAS covers a range of processes aiming
for arrangements of rights in land and better management of land within social
norms and values of a society. All these processes are influenced by new
developments in technology and users’ needs with changing societal demands.
Therefore, all the important elements and indicators concerning LAS processes
including land tenure, land value, land use, and land development must be
outlined and then analyzed from quality point of view. This analysis will help
to model the changing role of LAS within country’s social, cultural norms and
values as per users’ needs. In order to define quality parameters for LAS, it
is essential to understand the functions and components of LAS before going to
outline the contributing elements and indicators for analyzing the quality of
LAS.

 

Functions & Components of Land Administration System

A
brief overview of cadastral and land administration systems is presented in the
previous section. From prior discussion it is clear that LAS deals with implementation
of policies and laws for the management of land rights, land value, land use,
and land mapping. Land administration systems reflect the social relationship
between people and land which is recognized by a community or a State (Van der
Molen, 2004)8.
LAS is implemented by a State
to implement policies for recording and managing all rights in land.

 

2.3.1 Functions of Land Administration System

The
main functions of LAS includes land tenure, land value, land use, and land
development. These functions are interrelated and the interrelations appear through
the fact that the actual conceptual, economic and physical uses of land and
properties influence land values. Land value is also influenced by the possible
future use of land as determined through zoning, land use planning regulations,
and permit granting processes. And the land use planning and policies will, of
course, determine and regulate future land development (Enemark, 2004)9.

The four
functions of land administration system (land tenure, land value, land use,
land development) are different in their professional focus, and are normally
undertaken by a mix of professions, including surveyors, engineers, lawyers,
valuers, land economists, planners, and developers. Furthermore, the actual
processes of land valuation and taxation, as well as the actual land use
planning processes, are often not considered to be part of the land
administration activities. However, even if land administration is
traditionally centred on the cadastral activities in relation to land tenure
and land information management, modern LAS must be designed to deliver an essential
infrastructure that encourages integration of the four functions
(Enemark, 2009a)10.

 

As
said, all the above functions are interconnected. The interrelations appear
through the fact that the actual conceptual, economic and physical uses of land
and properties influence land values. Land values are also influenced by the
possible future use of land determined through zoning, land use planning regulations,
and permit granting processes. And the land use planning and policies will, of
course, determine and regulate future land development.

2.3.2 Components of Land
Administration System

The
variety of these LAS functions requires land administration to have various
kinds of components to deal with land. For example, the land tenure function
requires placing emphasis on the holding and the registration of interests in
land. On-ground identification is provided by surveyors through development
plans to assist in the regulation of use. At the same time, the land use
function is also concerned with use restrictions imposed through the regulatory
planning mechanisms. The land value function focuses on the economic utility of
land. The taxation office requires the change of land use to calculate the
revenue and tax for specific purposes (Kalantari, 2008)11.

 

In
order to fulfil all these LAS functions, the LAS has historically been organized
around four sets of components responsible for surveying and mapping, land
registration, land valuation (Dale and McLaughlin, 1999)12 and land
development as shown in Figure 2.2.

1    Dekker, H. A. L. (2006) “In
pursuit of land tenure security”, Amsterdam University Press,
Amsterdam, The Netherlands

2  Dale, P. F. and McLaughlin, J.
(1999) “Land Administration”, Spatial Information Systems and
Geostatistics Series, Oxford University Press, Oxford. p. 169

3  Al-Omari, Mouaiad. (2008) “The
Role of Reliable Land Valuations in Land Management and Land Administration
Systems Efficiency”. FIG Working Week 2008: Integrating Generations,
14-19 June, Stockholm, Sweden

4  Auzins, A. (2004) “Institutional
Arrangements: A Gate Towards Sustainable Land Use”. Nordic Journal of
Surveying and Real Estate Research, Vol. 1, pp. 57-71

5  Enemark, Stig. (2005) “The
Emerging Land Management Paradigm – A Major Challenge for to Global Surveying
Community”, RICS Evening Lecture Series, RICS, London, 8 December 2005

6   Enemark, Stig. (2009b) “Sustainable
Land Administration Infrastructures to support Natural Disaster Prevention and
Management”. Ninth United Nations Regional Cartographic Conference for
the Americas, 10-14 August, New York, United Nations Economic and Social Council

7  UN-ECE. (1996) “Land administration guidelines: with
special reference to countries in transition”, United Nations (UN),
Geneva. p. 94

8  Van der Molen, Paul. (2004) “Good
administration of land in Europe”. The UN – FIG and PC IDEA
interregional special forum : The development of land information policy in the
Americas, 26-27 October, Aguascalientes Mexico

9   Enemark, Stig. (2004) “Building Land Information
Policies”. UN, FIG, PC IDEA Inter-regional Special Forum on The
Building of Land Information Policies in the Americas, 26-27 October,
Aguascalientes, Mexico

10   Enemark, Stig. (2009a) “Managing
Rights, Restrictions and Responsibilities in Land”. GSDI-11 World
Conference, 15-19
June, Rotterdam, The Netherlands

11   Kalantari, Soltanieh Saeid Mohsen. (2008) “Cadastral Data
Modelling – A Tool for e-Land Administration”. Centre for Spatial Data
Infrastructures and Land Administration, Department of Geomatics, School of
Engineering, PhD Thesis, p. 259, The University of Melbourne, Victoria, Australia

12  Dale, P. F. and McLaughlin, J. (1999) “Land
Administration”, Spatial Information Systems and Geostatistics Series,
Oxford University Press,
Oxford. p. 169