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Text 6A Basic elements of cadastral system A Land Cadastre as a Tax Tool and a Land Registry has long tradi- tions. The legal base of modern era of these institutions was created long ago. The following four basic aspects give an overview of the existing cadastral systems: legal and organizational characteristics, levels of planning and control, aspects of multipurpose cadastres, and responsi- bilities of the public and the private sectors. The basic elements of the cadastral systems are different in differ- ent countries. Cadastral systems can be based on titles, deeds, or both. Some countries have indicated that their cadastral system is based on titles. The parcel is the basic unit in the others. A civil law system is the legal basis in the most of them. Registration of property rights is also compulsory. In the average cadastral system, legal protection of the registered rights seems to be very good. The legal force of a prop- erty registration, however, has at the same time both a positive (regis- tered rights are assumed to be correct) and a negative effect (unregis- tered rights are assumed to be non-existent). Furthermore, the state is in the most cases liable for any damage that was caused by faulty registration. In most jurisdictions, the cadas- tral systems include land registration and cadastral mapping. In many countries cadastral maps are part of the register, but not, for example, in most of the Australian states, and in Hong Kong, Greece, and Lat- via. Land registration includes interests in land that are rights, but which are also restrictions and responsibilities. 56 In most cases, the cadastre covers the complete territory of the country. The exceptions are low priority areas which may not always be covered. The cadastres are mainly of a complete character which means that parcels are introduced into the systems in a systematic way. Strategic planning, management, and operational control for both components of the cadastral system – land registration and cadastral mapping – are done within the same organization which is, in all cas- es, from the public sector. But sometimes tasks of strategic planning and management control are separated among different organizations, some of which are even in the private sector. However, the strategic responsibility for the cadastral systems, i.e., strategic planning, is al- ways kept in the hands of the public sector. Cadastral systems were mainly established to serve a legal and/or a fiscal purpose. Historically, land records have been established to serve two main purposes. First, as "fiscal" records, primarily for the public sector, they have served as the basis for the full and accurate taxation of land. Second, as "legal" records for the private sector, they have served as registers of ownership and other land rights. The data of the cadastral systems are used for facilities management, base map- ping, value assessment, land use planning, and environmental impact assessment. A legal basis, however, does not exist everywhere for all of these other purposes. жүктеу/скачать 0.91 Mb. Достарыңызбен бөлісу:
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