Land Administration Systems - Report Example

Executive summary This report is a comparative study of land administration in Philippine and Victoria State of Australia. The report gives a back ground information for both Philippine and Victoria state of Australia. The issues of land policies, level of information, land tenure have been addressed separately with a comparison being made of afterwards. Background on Victoria Land Administration System This reports looks at the current land administration system in Australia specifically Victoria state. In the current land administration system of Victoria local service delivery including planning and building control is under the jurisdiction of the local councils; otherwise LAS is the responsibility of the Victoria state. This responsibility is performed by the department of the executive government which is organized in conformation of English Westminister system (Bell, 2001). The administrative format in Victoria initially had a clear reflection of the British model where statutory agencies are in charge of provision of distinct functions either in silo or stand a lone system where there is use of what is popularly referred to as the three general: Serveyor General, Valuer –General and Registar of Titles. Under this format the legislative framework did not require any agency to cooperate with others (Chan, 1999). Later it became necessary for Australia to come up with a solution to address jurisdictional as well as institutional separation so as to solve the problems regarding water quality, salinity, soil erosion and soil acidity and this called for national solution. The national government being the principal taxing agency is seen as having resources that can be able to tackle these major issues. In Australia jurisdictional separation has remained a major barrier when it comes to generation of information that can pass as being coherent that can be used in formulating of policies which is a dilemma that is common to many European countries where the national boundaries do not give a reflection of topographical realities. Beginning 1995 there has been a strong commitment to improve access as well a the quality of spatial information with emphasis on web-based systems and this has offered solution to historical and administrative problems. By the year 2004 the spatial information infrastructure group (SII) had managed all the information for Victoria State through Victorian Spatial Information Strategy, VicMp and Lna Channel. In Victoria SII is a body that is recognized as being essential component in the implementation of development policies that are regarded as being sustainable (Ristevski, 2001). In this state the subdivision process that underlies cadastre has remained both statutory and administrative responsibility of the department of land registry. After the subdivision process the new plans are sent into VicMap with certification being done by the local government. In Victoria state electronic conveyancing is at pioneer stage where issues like financial statements are on process. In Victoria there is continuous improvement in spatial information this being possible by the efforts put in the Spatial Information Council. The Land Policy Component. In Victoria land policy inspired on the need to have closer settlement of private owned parcels and properties and Crown land pieces which in 1999 composed of 70 000 parcels. The policies also are driven on the need to have sustainable development. In Victoria LAS policy framework require imaginative approaches in relation to the legislative framework of separate Acts which deals issues like transfer of land, sale of land, valuation , planning, land tax, heritage protection, stamp duty, pollution subdivisions, building and mining. The marine environment in the state on the other hand is seen as being badly served with a disconnected legislative frameworks that is characterized by having large gaps with regards to legislative framework. There is a plan to title fresh water with full support of the national government the aim being to establish a national water market (Wallace, 2005). The Land Information Component. The state of Victoria has full knowledge that land information is a very important commodity by its own right. Most of the land information can easily be obtained on the Web that provides linkage of basic title and information searching systems that are being retailed by contracted providers. In Victoria VicMap is seen to be a very important component of the state spatial data infrastructure which provides continuity and systematization. The fundamental datasets provided include geodesy, property (including hydrography, cadastre and transport), image, address and administration (local government and electoral) boundaries. These are all available online and are usually delivered through private resellers. The maps do not give details on soils. The department of sustainability and environment is in charge of issues of privacy, risk, ownership, copyright, management authorization (administrative and legal), maintenance forms and access, this being done according to international standards including metadata standards. Access of land information in Victoria is provided at a cost. Land tenure The Victoria property law is English and thus the English case law is used in the courts. The basic property is a derivative of almost all English Law of Property Act of 1925. Origins of the feudal system are seen in estate scheme where ownership through freehold tenure is still being held of the Crown. Leasehold, freehold and Crown leases and licenses are the common tenures in Victoria. While these hold concept are still being held by the courts of the land but land ownership logic practically based on the Torres systems of registration. While the Torrens system are applied are applied across Australia, there is variation in the details. In Victoria there is a lot of reliance on possession as a title source which overrides a registered title. This is a reflection of the surveying history in the state and the frequency at which nonconformity between surveyed and a title boundary is experienced. Due to reliance on possession as being the source of the title for part or whole parcels, the state is able achieve land transaction efficiency and this allows buyers and lenders to be confident that the land under inspection is the land that is received during settlement. In this state check surveys are rarely practiced. Background on Philippines Land Administration System The whole country of Philippine covers an approximate area of 300,000 square kilometers with about 53% of the land being reserved for forest cover, national parks and minerals with the remaining 47% is what is described as being alienable and disposable land. The population of the country is about 85 million 60% of which lives in the urban areas (Williamson et al 1998). There are three major issues which have been recognized as stagnating land development in Philippines: scarcity of land that can be used in urban development; the urban land is occupied informally with informal land market being very active and the formal rural land market is at a stand still. These three factors have really undermined the ability of land to contribute economic and social development of the country. The land classification of the Philippine is characterized by being rid and not being friendly to the changing need being experienced in both urban and agricultural development and yet the rigid system is not effective in the promotion of the required level of natural resources management. Land Tenure In Philippines the flow of land use from agriculture to non-agriculture more so in urban neighborhoods has been reported to encounter high procedural barriers. The major land administration laws of Philippines are outdated with some of them being out of tune with the current land use legislation. This has resulted in the public lacking confidence in the land titling system. The recognition land rights is majorly in non-forest lands and therefore most of the indigenous population who have been occupying and cultivating land for many generations are not formally recognized as the owners. In some of the areas in Philippines a whole community is found to have a big establishment in land that is classified as forest land. The classification of land is a critical issue owing to the fact that once the land has been changes to be a settled land reversing back to forest land is not possible. The current policy, institutional and legal framework with regards to protection of forest many a times remain out of touch with the reality on the ground. Land Market Information Even though there has been increased in registration of land in Philippine a high proportion of the private A&D land is not titled. The security of titles and land administration system sustainability is reliant on proper maintenance of records (Dixon-Gough R ,1999). The existing land record management systems are not efficient with inventories of land records being limited. Most of the records were destroyed through war, fire, theft, water or through misplacement with the remaining records being left in fragile condition. Some illegal alteration of the records is also common. The land registry of Philippines is not easily accessible with transaction cost being beyond the reach of the population and thus discouraging registration of lands a condition which is unfavorable to investment. Many people involved in land transaction do not clear all the levels of land registration which can be interpreted as low understanding of community regarding the need to have the land registered. This also implies that there is need to simplify the procedures and processes. There is also the need for the fed charged to be reviewed. The community education and awareness programmes are required in the Philippines that is required to go beyond public relations programs. Institutional framework The land institutional framework of the country originally consisted of large central agencies that are very conservative which have vested interest and are resistant to change. The current trend is to ensure deconcentration where the central government is in charge of policy maintaining a unitary legal and regulatory framework and uniformity in the standards of service while the other responsibilities are to be done at regional level. This trend is yet to be achieved. Legal Framework In Philippine there is a challenge in rationalizing the uncoordinated and disintegrated land related legislation. There is a very low level of law enforcement with the culture of reaching consensus creating difficulties in reaching agreements on the need having the existing legislation amended. The country has right of compensation by state which is generally limited and ineffective. Conflicts relating to land tenure are a common phenomenon in the country. The disputes are usually resolved through court litigation where there is time delay and cost not affordable by many and this block out many citizens. Comparing and contrasting From the studies on the two countries there is clear contrast that can be pointed out. In Victoria the function are most of the function are seen to be done locally with the state with little contribution from the national government of Australia. In Victoria it has been found that the population is well aware of the need to have their land registered unlike for the case of Philippine where registration of land is not taken seriously. The level of land and property registration is high and highly utilized in Victoria to extend that giving such information is a business on its own right. On the other hand in Philippine land registration and titling is very low, records have been reported to be lost, burned or stolen. Manipulation of the records is also in practice. In Victoria technology is highly utilized and information on land and property is easily accessible online. The process of registration and the entire process of acquiring information on land is so cumbersome in Philippine in addition to the high cost which is beyond the reach of most citizen. This leads to the citizens abandoning the whole process unlike with the case of Victoria where the process is seen to be easy and efficient. The Philippines experiences high cases of conflicts with land unlike the case of Victoria State of Australia. There are some similarly in the two cases that can be pointed out. In both cases it is clear that it recognized that there are functions that are to be done regionally while others are to be performed by the central government. In both the cases a soil map is yet to be established with a high likelihood of this happening sooner in Victoria. Conclusion From the comparative study it can be concluded that there is a big difference in the level of development of Land Administration System for Philippines and the state of Victoria. The use of technology is seen to be a very important in advancement of LAS. The level of investment of a country is highly dependant on the LAS. References Bell, K. and Cleary, M. (2001) Protecting the Integrity of Victoria’s Cadastre: Managing the Risk, A Spatial Odyssey, 42nd Australian Surveyors Congress. Chan, T. O. and Williamson, I. (1999) Spatial Data Infrastructure Management: Lessons from Corporate GIS Development, AURISA Conference, 22-26 November. Dale, P. and McLaughlin, J. (1999) Land Administration,Oxford University Press. Dixon-Gough R (editor), 1999. Land Reform and Sustainable Development, Ashgate Publishing Ltd, London, UK. Do, Q T, and Iyer, L, 2002. “Land Rights and Economic Development: Evidence from Viet Nam.” Mimeo, MIT. Christodoulou D, 1990. The Unpromised Land: Agrarian Reform and Conflict Worldwide, Zed Books Ltd, UK. Ristevski, J. A. and Williamson, I. P. (2001) The Reform of Statutory Regulations Relating to the Surveying Profession, The Australian Surveyor, Vol. 46, pp. 42-53. Ruoff, T. (1957) An Englishman Looks at theTorrens System, Law Book Co, Sydney, and 1952 articles in 26 Australian Law Journal. Wallace, J. and Williamson, I.P. (2005) Building land markets, Journal of Land Use Policy, (In press). Wallace, J. and Williamson, I.P. (2005) Building land markets, Journal of Land Use Policy, (In press). Williamson, I., Chan, T. O. and Effenberg, W. (1998) Development of Spatial Data Infrastructures –Lessons Learnt from the Australian Cadastral Databases, Geomatica, Vol. 52, pp. 177-178. Read More

The Land Policy Component. In Victoria land policy inspired on the need to have closer settlement of private owned parcels and properties and Crown land pieces which in 1999 composed of 70 000 parcels. The policies also are driven on the need to have sustainable development. In Victoria LAS policy framework require imaginative approaches in relation to the legislative framework of separate Acts which deals issues like transfer of land, sale of land, valuation , planning, land tax, heritage protection, stamp duty, pollution subdivisions, building and mining.

The marine environment in the state on the other hand is seen as being badly served with a disconnected legislative frameworks that is characterized by having large gaps with regards to legislative framework. There is a plan to title fresh water with full support of the national government the aim being to establish a national water market (Wallace, 2005). The Land Information Component. The state of Victoria has full knowledge that land information is a very important commodity by its own right.

Most of the land information can easily be obtained on the Web that provides linkage of basic title and information searching systems that are being retailed by contracted providers. In Victoria VicMap is seen to be a very important component of the state spatial data infrastructure which provides continuity and systematization. The fundamental datasets provided include geodesy, property (including hydrography, cadastre and transport), image, address and administration (local government and electoral) boundaries.

These are all available online and are usually delivered through private resellers. The maps do not give details on soils. The department of sustainability and environment is in charge of issues of privacy, risk, ownership, copyright, management authorization (administrative and legal), maintenance forms and access, this being done according to international standards including metadata standards. Access of land information in Victoria is provided at a cost. Land tenure The Victoria property law is English and thus the English case law is used in the courts.

The basic property is a derivative of almost all English Law of Property Act of 1925. Origins of the feudal system are seen in estate scheme where ownership through freehold tenure is still being held of the Crown. Leasehold, freehold and Crown leases and licenses are the common tenures in Victoria. While these hold concept are still being held by the courts of the land but land ownership logic practically based on the Torres systems of registration. While the Torrens system are applied are applied across Australia, there is variation in the details.

In Victoria there is a lot of reliance on possession as a title source which overrides a registered title. This is a reflection of the surveying history in the state and the frequency at which nonconformity between surveyed and a title boundary is experienced. Due to reliance on possession as being the source of the title for part or whole parcels, the state is able achieve land transaction efficiency and this allows buyers and lenders to be confident that the land under inspection is the land that is received during settlement.

In this state check surveys are rarely practiced. Background on Philippines Land Administration System The whole country of Philippine covers an approximate area of 300,000 square kilometers with about 53% of the land being reserved for forest cover, national parks and minerals with the remaining 47% is what is described as being alienable and disposable land. The population of the country is about 85 million 60% of which lives in the urban areas (Williamson et al 1998). There are three major issues which have been recognized as stagnating land development in Philippines: scarcity of land that can be used in urban development; the urban land is occupied informally with informal land market being very active and the formal rural land market is at a stand still.

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