02/08/2017
Unit 164 - Land Information Systems and Cadastral Applications
1. Introduction
1.1 Importance of cadastral records and land information systems
access to and use of land are fundamental to life as we know it... food, fiber, habitation, recreation, and so forth
land parcel is the basic unit for access and control of land, land use decisions
current, reliable land information necessary for many public programs, for example:
land planning
infrastructure development and maintenance,
environmental protection and resource management
emergency services
social service programs
and so forth
basis for land markets, development, and other economic activity
1.2 GIS issues in land records
relating "legal" description of property to coordinate-based systems
ambiguous or overlapping boundaries
complex attribute relations
public access
2. Definitions
2.1 Cadastre
broad context -- description of legal and fiscal interests in land
typical context -- land ownership records
a joke -- combination of a cadaver and a disaster
Legal cadastre - parcel-based description of interests or rights in real property; typically supported by titles or deeds, and registry.
Functions of a legal cadastre:
define property rights (often in conjunction with formal and case law)
describe the extent (spatial, sometimes temporal) of property rights
support land transfer
provide evidence of ownership (e.g., using land as collateral)
program administration (e.g., enforcement of laws, targeting of incentives)
public land management
Fiscal cadastre - property valuation and land taxation.
Functions of fiscal cadastre (from Dale and McLaughlin, 1988):
information base for property taxation
distribution of funds from public programs
monitoring and supporting land markets
information for growth management and land use planning
2.2 Land information system (LIS)
Means to acquire, manage, retrieve, analyse, display land records.
LIS as component of GIS or vice-versa... a long-standing debate, mostly a matter of semantics and disciplinary orientation.
Typical LIS:
cadastre as a primary component
maintained by unit of government responsible for tracking land ownership, control; typically county government in US
parcel-oriented
hard copy maps and/or CAD or GIS software for spatial representations
relatively large (cartographic) scale (e.g., 1:4800 in rural areas, 1:1200 in developed areas)
bridge between legal (e.g., deeds) and technical (e.g., maps, GIS coordinates) land descriptions
may incorporate other technologies
parcel indexing systems (relational data base management systems)
fiche and document imaging systems
surveying
multipurpose cadastre (figure 1)
National Research Council effort of early 1980s
recognized limitations in manual systems
proposed automated methods for managing land records, linking to other spatial data
parcel as primary organizing principle
multipurpose land information system (figure 2)
alternative to multipurpose cadastre
parcels as one component of layer-based system
oriented to integration and analysis of data
geodetic reference framework as organizing principle
2.3 Land Tenure
Rights and obligations in land, along with system for defining and governing.
Difficult to capture all tenure rights in a land information system -- multiple dimensions.
definition of rights
"bundle of sticks" -- all the possible ways of using land, allocated between individuals (and organizations) and the state (or other form of society)
rules and procedures defining who possesses which sticks -- can be MORE EXPLICIT and MORE COMPLETE with automated land information system
responsibilities -- obligations of tenure possessor, e.g., land taxation, environmental protection
dimensions of rights (table 1)
2.4 Land records
Components of legal and fiscal cadastre maintained by local governments (typically counties)
Many components amenable to automation; appropriate data models still evolving
titles -- a description of a land parcel, potentially including:
description of location or boundary (e.g., bearings and distances survey description, metes and bounds description, public land survey system reference, lot number in platted subdivision, etc.)
method of conveyance (e.g., warranty deed, quit claim, etc.)
"Torrens" system, found in some British commonwealth nations, government backs claim to land title
deeds -- registration of land transaction with public authority (Register of Deeds)
land transaction are between individuals (no government guarantee)
only required government record is real estate transfer tax notice
registration is essentially voluntary, though typically done to support claim to land
grantor and grantee (conveyed from, to) used to organize records (manual system --> "book, volume, page" is reference)
chains of title -- a fully supported land claim must be traced back to original conveyance from government or crown, evidence tracing through all transactions to present is chain of title; abstract is summarization of chain of title
indexes -- to make chains of title easier to research, Register of Deeds may create grantor/grantee index, or parcel index. If all parcels are uniquely identified and linked to GIS representation, can search spatially into parcel index
tax roles, tax maps -- other than Registry (which is maintained as public service) the main interest of local government in land ownership information is tax assessment. Tax roles and associated tax maps:
account for all lands, their value and their owner.
may or may not be directly linked to Registry
may or may not be derived from deed/title descriptions
often used as source of data for GIS (Registry typically not involved in mapping)
often not maintained at accuracy needed to convey land, only to assess and collect taxes
related "layers" -- assessment, zoning, permits, etc.
private records
title insurance - private backing of title validity
title abstracts - summarization of evidence about ownership
plat maps -- approximations of land ownership parcels, derived from a variety of public and private data sources
3. History
3.1 Old stuff
Magna charta & English common law, definitions of property rights
Northwest Ordinance and related documents - basis for US property registry system
early land offices, deeds registries and property conveyance
land grants, Homestead Act of 1862
3.2 Evolving land rights and definitions
the "bundle of sticks" - evolving rights, and hence evolution of what government records
ad valorem taxation - need to account for land ownership
3.3 Beginnings of automation
70s - recognition of problems, the "Larsen report"
early 80's - NRC reports
initial experiments - North Carolina state supported program, Dane County Land Records Project, others
3.4 Maturing systems
IMAGIS (Indianapolis Mapping and Geographical Infrastructure System) multi-organizational land records system
Wisconsin Land Records Program - state support for local land records modernization
POLARIS -- Toronto's "privatized" land records systems
etc.
3.5 One concept for a modern system:
document imaging system -- deeds and other documents imaged transactionally (as registered), "dumb image" retrievable by remote terminal
digital parcel map
unique parcel identification number for every parcel
created from deed description -- direct tie to legal evidence
updated by transactional trigger from Registry
problems with land records resolved, e.g., redundancy, discrepancy
problems with land ownership adjudicated, e.g., gaps and overlaps
on-line parcel index and grantor/grantee index
access to all pertinent records for other government functions
public access interface for routine record retrieval by companies and citizens, with appropriate privacy restrictions/protections
4. LIS Players
4.1 Local government
Some with explicit mandates for maintaining land records - e.g., Deeds Registry
Others use local land information (whether in the form of automated records or paper maps, indexes, deeds, etc.)
tax assessor / real property listor
zoning administrator
and every other agency that needs to know who owns/uses the land, for example:
plat review
building inspection
land use planning
transportation planning and management
emergency response
waste management and disposal
protected area designation, monitoring
parks and open space
infrastructure management
public utilities
etc.
4.2 Public
Public interacts with local land information system primarily in land conveyances and land tax assessment; may also have some involvement in particular applications.
4.3 Land-related business and NGOs
development / real estate
banking
title abstracting and insurance
conservation & environmental protection
community, land use, economic development
etc.
5. Land records data (in GIS context)
The challenge -- using modern spatial information technologies to prop up a land records system developed 200 years ago for an agrarian society
5.1 Geodetic / geographic control frameworks
Land information system starts with spatial reference framework
local technical choices -- datum, coordinate system, linkage to national spatial reference system, other
linkage between coordinate system and legal system (deed description such as land description such as Public Land Survey System aliquot, metes and bounds, bearings and distances)
may involve recovering, remonumenting, measuring (GPSing) reference points used in property description
5.2 Conversion -- legal description to mathematical coordinates
digitizing existing maps (e.g., tax parcel maps)
new coverages - coordinate geometry from deed descriptions
orthophotos or ground surveys - interpretation of occupation boundaries
URISA/IAAO procedures for automation of parcel data (GIS Guidelines for Assessors)
5.3 Data quality
commensurate with source material, typically new compilation e.g., deed/COGO >> than existing cartographic products
occupation boundaries may be different than deed boundaries... which to portray??
accuracy should be commensurate with requirements of application
coordinates are generally not legal means to transfer property
other applications, e.g., planning, infrastructure management, etc. may not require conveyance-level accuracy
may start with existing lower quality records that supports some applications and build more accurate records overtime
5.4 Maintenance of dynamic layer
transactional updates - system design needs to accommodate constant changes AND maintain historical records
"ripples' through the organization - overall system needs to move changes in data from entry point (e.g., Register's office) to all others using land records
5.5 Access and use
"corporate data" data base design is common approach to allow access throughout organization;
information products - many different needs must be accommodated
public access - public access terminals, read-only access to data bases, standard and custom information products
costs and benefits
efficiency -- less costly retrieval & duplication of routine or required records
effectiveness -- better information for administration and management of government programs and activities
equity -- outcomes of decision-making
6. Land Information and cadastral system examples
Dane County, Wisconsin "citizen access" terminal to provide parcel-based information; a set of mapping tools will be added to provide support for creating simple parcel maps in 1998.
New York state Office of Real Property Services, using GIS in a variety of tax assessment and real property listing applications.
A commercial service (Direct Line Software) for searching deeds, titles, and so forth, along with a variety of related activities, facts, etc.
7. Summary
This unit describes the origin, components, functioning, and uses of land information systems, with particular emphasis on systems for maintaining cadastral (land ownership) data.
In the United States, the land records system evolved from English common law. Following the American Revolution, several Acts established a rudimentary deeds systems and various systems for granting state lands to citizens. The implication for GIS is that we are now using modern information technologies to support a system designed for a simple agrarian society. The system was not designed to provide proof of land ownership, nor was it designed to handle complicated land arrangements such as de-bundling the "bundle of sticks"... individual property rights.
The main component of a local land information system is the land ownership parcel. It may be described in many ways -- as a record on a deed, a description on a tax assessment record, surveying records, etc. The reconciliation of records in various forms will continue to challenge us as we attempt to automate these records.
One vision for a fully automated system would include more than just a GIS -- other computer-based components such as document management system, database management system, and resolution of organizational and legal problems. Such a system would support not only mandated land records management responsibilities of local jurisdictions, but would also serve the needs of a broad range of actors using land information for a wide variety of programs and functions.
8. Review and study questions
suggestions accepted!
9. References
Brown, P.M. and D.D. Moyer (1990-1996) Multipurpose land information systems: The guidebook. Federal Geodetic Control Committee. (NOAA).
Dale, R.F. and J.D. McLaughlin (1988) Land Information Management. Clarendon Press, Oxford
Chrisman, N.R. 1987. "Design of Geographic Information Systems Based on Social and Cultural Goals." PE&RS, 53(10):1367-1370.
Dueker, K.J. 1987. "Multipurpose Land Information Systems: Technical, Economic, and Institutional Issues." PE&RS, 53(10): 1361-1366.
Dueker, K.J and D. Kjerne. 1989. "Multipurpose Cadastre: Terms and Definitions." Technical Papers, 1989 ACSM-ASPRS Annual Convention, Vol. 5, pp. 94-103.
Kuhlman, K. 1993. "Building a Framework to Characterize Land Records Modernization." URISA 1993 Annual Conference Proceedings, vol. 2, pp. 146-151.
National Research Council (1980). Need for a Multi-purpose Cadastre. National Academy Press, Washington DC
National Research Council (1983).Procedures and Standards for a Multipurpose Cadastre. National Academy Press, Washington DC
Ventura, S.J. 1991. Implementation of Land Information Systems in Local Government - Steps Toward Land Records Modernization. Wisconsin State Cartographers Office, Madison, WI.
Ventura, S.J. (1995). "The use of geographic information systems in local government. Public Administration Review. 55(5):463-469.
Zwart, P.R. 1988. "Some Observations on the Real Impact of Integrated Land Information Systems upon Public Decision Making in Australia." Papers from the 1988 Annual Conference of the Urban and Regional Information Systems Association, 1988, Vol. 1, pp. 68-79.
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Stephen J. Ventura. (1997) Land Information Systems and Cadastral Applications, NCGIA Core Curriculum in GIScience, http://www.ncgia.ucsb.edu/giscc/units/u164/u164.html, posted October 23, 1998.
The correct URL for this page is: http://www.ncgia.ucsb.edu/giscc/units/u164/u164.html.
First posted: October 16, 1997. Last revised: October 23, 1998.
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