Stubkjær, Erik

English

The research activity ?Modelling Real Property Transactions was established as a joint European COST action (G9) as of March 2001. The research so far focused on subdivision and sales procedures. Evidence from Slovenia, Finland and Denmark was compared with a view to establish common elements. Recently, the issue of the core of the cadastral system was addressed. The presentation will summarise the research outcome, and relate it to development needs in European land administration, as illustrated by the Land Administration Guidelines. Comments on long-term capacity building and on terminology issues are provided as well.   The research activity? Modelling Real Property Transactions was established as a joint European COST action (G9) as of March 2001. The research so far focused on subdivision and sales procedures. Evidence from Slovenia, Finland and Denmark was compared with a view to establish common elements. Recently, the issue of the core of the cadastral system was addressed. The presentation will summarise the research outcome, and relate it to development needs in European land administration, as illustrated by the Land Administration Guidelines. Comments on long-term capacity building and on terminology issues are provided as well.  

Research Contributions towards Guidelines for Land Administration

The research activity Modelling Real Property Transactions was established as a joint-European COST action (G9) as of March 2001. The research so far focused on subdivision and sales procedures. Evidence from Slovenia, Finlandand Denmark was compared with a view to establish common elements. Recently, the issue of the core of the cadastral system was addressed. The presentation will summarise the research outcome, and relate it to development needs in European land administration, as illustrated by theLand Administration Guidelines. Comments on long-term capacity building and on terminology issues are provided as well.The research activity Modelling Real Property Transactions was established as a joint-European COST action (G9) as of March 2001. The research so far focused on subdivision and sales procedures. Evidence from Slovenia, Finlandand Denmark was compared with a view to establish common elements. Recently, the issue of the core of the cadastral system was addressed. The presentation will summarise the research outcome, and relate it to development needs in European land administration, as illustrated by theLand Administration Guidelines. Comments on long-term capacity building and on terminology issues are provided as well

    Aalborg UniversitetResearch Contributions towards Guidelines for Land AdministrationStubkjær, ErikPublication date:2003Document VersionEarly version, also known as pre-printLink to publication from Aalborg UniversityCitation for published version (APA):Stubkjær, E. (2003). Research Contributions towards Guidelines for Land Administration. Paper presented atSpatial Information Management for Sustainable Real Estate Market : Best Practice Guidelines on Nation-wideLand Administration, Athen, Greece.General rightsCopyright and moral rights for the publications made accessible in the public portal are retained by the authors and/or other copyright ownersand it is a condition of accessing publications that users recognise and abide by the legal requirements associated with these rights.            ? Users may download and print one copy of any publication from the public portal for the purpose of private study or research.            ? You may not further distribute the material or use it for any profit-making activity or commercial gain            ? You may freely distribute the URL identifying the publication in the public portal ?Take down policyIf you believe that this document breaches copyright please contact us at vbn@aub.aau.dk providing details, and we will remove access tothe work immediately and investigate your claim.Downloaded from vbn.aau.dk on: April 25, 2017Research Contributionstowards Guidelines for Land Administration Erik StubkjærDepartment of Development and PlanningAalborg University, DenmarkSpatial Information Management for Sustainable Real Estate Market -Best Practice Guidelines on Nation-wide Land Administration,Athens, May 29 - 30, 2003 Stubkjær, Aalborg Uni, DK Research & Land Administration Guidelines Athens, May 29 - 30, 2003Overview1. The research activity Modelling Real Property Transactions2. Comparing subdivision procedures (FIN, SLO, DK) 3. Approaching the cadastral core: Alternative views 4. Long-term capacity building: Need of university staff positions 5. Terminology: Describing a non-English reality in English terms 6. Conclusion: Suggestions for a new edition Stubkjær, Aalborg Uni, DK Research & Land Administration Guidelines Athens, May 29 - 30, 2003Objectives of G9: Modelling Real Property TransactionsThe main objective of the action is toimprove the transparency of real property markets and to provide a stronger basis for the reduction of costs of real property transactions by preparing a set of models of real property transactions,  which is correct, formalised, and complete according to stated criteria,and then assess the economic efficiency of these transactions. Stubkjær, Aalborg Uni, DK Research & Land Administration Guidelines Athens, May 29 - 30, 2003Participants and mode of financing01/03/2001 Austria  Denmark Germany Netherlands Spain  Slovenia Finland United Kingdom  Sweden Hungary Latvia14/06/2001COST: Co-op.. in Sci. and Tech. Research Support of co-ordinated European researchParticipating countries pays researchCOST pays co-ordination;recast into ESFhttp://costg9.plan.auc.dk/Surveyors,knowledge engineers, lawyers, economists Stubkjær, Aalborg Uni, DK Research & Land Administration Guidelines Athens, May 29 - 30, 20032. A semi-formal description of subdivision - DenmarkActivity Subdivision recorded by Cadastral authorityContext Owner sells a parcel, e.g. for constructionActors Cadastral surveyor, Owner, Cadastral authority,Holders of right, Land Registry, MunicipalityTrigger Owner requests the service of the cadastral surveyorSub.activities Details: 1 .. 9Variations 2., 4.Structure: UseCase of UML (Unified Modelling Language)  Stubkjær, Aalborg Uni, DK Research & Land Administration Guidelines Athens, May 29 - 30, 2003The Danish case - Sub-activity details1. Request accepted and filed2. Data collected from Cadastre, Land registry, and Municipality Strategy for the specific case choosen3. Boundaries and parcels established, marked and measured4. Case approved with respect to spatial planning, etc.5. Case submitted to Cadastral authority6. Case approved by Cadastral authority. New unit created7. Statement on allocation of easements to Land Registry8. Parties informed, and fee to cadastral surveyor paid9. Documents (cadastral map of parcel) to owner Stubkjær, Aalborg Uni, DK Research & Land Administration Guidelines Athens, May 29 - 30, 2003Comparing with Finland and SloveniaFinland: Subdivision part of purchasing of new unitDenmark: Subdivision preceeds purchasing processSlovenia: Somewhere between Finland and Slovenia: Formal meeting, followed by reportDenmark: Cadastral surveyor assesses need of neighbour approvals Finland (surveyor represents authority): Decision; AppealDenmark (practising surveyor): Decision only in a specific case type(Danish: 'Skelforretning'); court case Stubkjær, Aalborg Uni, DK Research & Land Administration Guidelines Athens, May 29 - 30, 2003MethodologyComparing activities (behavior), not legal textsNo case studies, but procedures as they are taughtUseCase-prototype for one country copied in 2-5 other countries SLO, FIN, DK, Hungary, Turkey, NLModelling of classes startedCost estimates Terminology Stubkjær, Aalborg Uni, DK Research & Land Administration Guidelines Athens, May 29 - 30, 2003Common objectives of processes (= Institutional functions)Reorganise rights in land according to wishes of owners without compromising the rights of third partiesin compliance with spatial, envir.., agric.., . legislationkeeping official recordings consistent and cost effectiveHypothesis:Institutional functions are the same across countries, but means, rolesand sequencing varies.Cadastral surveyors in Northern Europe andnotaries in Southern Europe perform similar functions. Stubkjær, Aalborg Uni, DK Research & Land Administration Guidelines Athens, May 29 - 30, 20033. Approaching the Core of the Cadastral DomainA traditional approach: Owner - Right - Parcel Core 'packages' of a Cadastral System Oosterom - Lemmen: Core Domain Model (class diagram) Stubkjær, Aalborg Uni, DK Research & Land Administration Guidelines Athens, May 29 - 30, 2003A traditional approachJ. Hensen, Delft, 1995 Stubkjær, Aalborg Uni, DK Research & Land Administration Guidelines Athens, May 29 - 30, 2003Discerning static and change situationThe Owner- PropertyRight- Parcel structure holds in the situation,where no legal or spatial changes are made. In such situation, thecadastral system is out of focus.However, when Owner makes changes, either in the bundle of rights,which s/he is entitled to dispose of, and thus affectingRealPropertyRights, or in the boundaries of a parcel, and thusaffecting RealPropertyUnit, or in both together, then the cadastralsystem comes into focus. Stubkjær, Aalborg Uni, DK Research & Land Administration Guidelines Athens, May 29 - 30, 2003Owner's legal dispositions demand a ritualWhen Owner wants to change Rights or Object, the Owner may notbe allowed 'direct access' to his RealPropertyRights, because thismight compromise the rights of other parties.For this reason, in every society the reorganisation of real propertyrights is socially mediated. In the figure next, this is expressed byintroducing Transactions between Owners and RealPropertyRights.  Stubkjær, Aalborg Uni, DK Research & Land Administration Guidelines Athens, May 29 - 30, 2003Cadastral Core Packages Stubkjær, Aalborg Uni, DK Research & Land Administration Guidelines Athens, May 29 - 30, 2003Cadastral Core Classes Stubkjær, Aalborg Uni, DK Research & Land Administration Guidelines Athens, May 29 - 30, 2003Approaching the Cadastral CoreStubkjær, E (2003) developed in/ after dialogue with Lemmen, C., van Oosterom, P (2003) Further progress in theDevelopment of a Core Cadastral Domain Model. FIG Working Week,April 13.-17., 2003. TS15.2 Stubkjær, Aalborg Uni, DK Research & Land Administration Guidelines Athens, May 29 - 30, 20034. Long-term Capacity BuildingFurther research is needed to arrive at common Cadastral Core LAG mentions need of research in "cadastral data maintenance",among others (p. 57) Land Adm Reviews, e.g. Armenia: Capacity building a priority (180).Implementation of post-graduate studies and short courses needed (176b) Incentives for talented graduates ?? Stubkjær, Aalborg Uni, DK Research & Land Administration Guidelines Athens, May 29 - 30, 2003European Research NetworksEuropean Spatial Data Research, EuroSDR, formerly OEEPE COST G9: Modelling Real Property Transactions European Education in Geodetic Engineering, Cartography andSurveying, EEGECS FIG, Commission 7 (AGILE and similar conference series) Stubkjær, Aalborg Uni, DK Research & Land Administration Guidelines Athens, May 29 - 30, 2003Need of (more) university staff positionsUniversities provide for long-term capacity building Departments often has a too technical profile More staff positions are needed in land administration, cadastre Some positions have to be professorships to enhance research Stubkjær, Aalborg Uni, DK Research & Land Administration Guidelines Athens, May 29 - 30, 20035. TerminologyEnglish is common language English notion of real property differs from Continental civil lawnotions Comparative law has only recently addressed the real property issue New edition may address differences more explicitly Stubkjær, Aalborg Uni, DK Research & Land Administration Guidelines Athens, May 29 - 30, 20036. ConclusionConsensus on the core notion of a RealPropertyUnit orRealEstateObject of cadastral systems has been achieved; could bedescribed in a revised edition of the Guidelines Related elements are addressed; research (networks) could bementioned It is strongly recommended that the need of staff positions, incl.professorships, in land administration/ cadastre be given priority in arevised edition of the Guidelines. Terminology issues hard; some references are provided in my paper.est@land.auc.dk Stubkjær, Aalborg Uni, DK Research & Land Administration Guidelines Athens, May 29 - 30, 2003

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Research Contributions towards Guidelines for Land Administration

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