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发表于 2002-12-4 22:23:38
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Systems of land registration are built around either private conveyancing. or formal registration of
transfers through a register of deeds. or the full registration of title to land is primarily directed at protecting
the interests of individual land-owners. it is increasingly being seen as an instrument of national land policy
and a mechanism to support economic development. Relatively few attempts have been made to quantify
the benefits of secure title. that by Feder et al. in Thailand in the 1980s (see Feder. 1897) having been the
most successful. Western societies have the advantage of well-established systems and the cause and
effect relationship between good tenure and levels of investment is therefore difficult to prove.
The origins of the cadastre tend to lie in land and property taxation rather than in land tenure. In the Indian sub-continent. for example, where the taxing of the produce from the land dates back many centuries. land records were created entirely for revenue purposes. In many European countries. a dual system evolved with the cadastre (kadaster) being administered by the Ministry of Finance quite separately from the land ownership registers or land book (grundbuch) that come under the Ministry of Justice. Both the cadastre and land book systems contain common details about land and property although the data were collected for different purposes.
Cadastres may be based either on the proprietary land parcel. that is the area defined by ownership; or on the taxable area of land that may be of smaller extent than that which is owned; or on areas defined by land use rather than by land ownership. They may support either records of property rights. or the taxation of land. or the recording of land use. Throughout the communist period in eastern Europe. various cadastres were maintained based of specific forms of land use-for example. one for agriculture and soils. one for forests. one for water resources. etc. In many western European countries on the other hand. the cadastre was compiled for fiscal purposes. often as a consequence of the financial policies of the Emperor Napoleon.
The cadastre is an information system consisting of two parts. a series of maps of plans showing the size and location of all land parcels together with text registration system in that the latter has been exclusively concerned with ownership. The cadastre needs to encompass the whole of a country if it is to be used for the purposes of land taxation. while a land registration system may be used selectively to support specific categories of land-owner. Thus in much of colonial Africa. the land registration system was used to protect the rights of settlers while the rights of indigenous people were protected by customary law.
Because cadastres and land registration systems had different objectives. neither has been an adequate support for land management. Cadastral records did not necessarily provide any guarantee of ownership. while land registers were not complete-either in terms of national cover or in terms of the rights that affect the land. In many countries. even where the land registers provide guaranteed details about the ownership rights. there are restrictions on the use of the land that do not appear on the registers. These so-called planning restrictions are imposed by municipalities or district councils and can only be established by making enquiries in the local authority offices. In England. for example. a purchaser of land must make enquiries both at the Land Registry concerning the title and with the local authority where records of local land charges are maintained. Additional enquiries may also need to be made to ensure that there has been no mining beneath the property that is to be purchased.
The term cadastral surveying is generally used to describe the survey of land for the purposes of recording ownership and for taxation. This generality does not however apply to the term 'cadastre' which in some countries is used to describe the whole process of compiling land-related records. The terminology is by no means universal. There is however a convergence between cadastres and land registration systems in part brought about by computer technology and the ability to share and compare data.
This convergence also stems from a growing awareness that both processes are instruments of land resource management that significantly affect the national economy. Increasingly. those who administer land registration systems recognise that they have a role in land management while those responsible for the cadastre see it in a multi-purpose role, providing a wide range of land-related information.
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发表于 2002-12-4 21:30:44
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