In most countries, legal systems have developed around the original administrative systems and use the cadastre to define the dimensions and location of land parcels described in legal documentation.Aland parcel orcadastral parcel is defined as "a continuous area, or more appropriately volume, that is identified by a unique set of homogeneous property rights".[3]
Cadastral surveys document theboundaries of land ownership, by the production of documents, diagrams, sketches, plans (plats in the US), charts, and maps. They were originally used to ensure reliable facts for land valuation and taxation. An example from earlyEngland is theDomesday Book in 1086.Napoleon established a comprehensive cadastral system for France that is regarded as theforerunner of most modern versions.
Cadastral survey information is often a base element inGeographic Information Systems (GIS) orLand Information Systems (LIS) used to assess and manage land and built infrastructure. Such systems are also employed on a variety of other tasks, for example, to track long-term changes over time for geological or ecological studies, where land tenure is a significant part of the scenario.
The cadastre is a fundamental source of data in disputes andlawsuits between landowners.Land registration and cadastre are both types of land recording and complement each other.[2]
By clearly assigning property rights and demarcating land, cadasters have been attributed with strengthening state fiscal capacity and economic growth.[4]
Cadastral map ofBozen, Tirol, Brixner Kreis Nr 1, 1858
The wordcadastre came intoEnglish through French from theGreekkatástikhon (κατάστιχον), a list or register, fromkatà stíkhon (κατὰ στίχον)—literally, "(organised) line by line".[5]
A cadastre commonly includes details of theownership, thetenure, the precise location, the dimensions (and area), the cultivations if rural, and thevalue of individual parcels of land. Cadastres are used by many nations around the world, some in conjunction with other records, such as a title register.[1]
A Cadastre is normally a parcel-based, and up-to-date land information system containing a record of interests in land (e.g. rights, restrictions and responsibilities). It usually includes a geometric description of land parcels linked to other records describing the nature of the interests, the ownership or control of those interests, and often the value of the parcel and its improvements.
A cadastre text written in Akkadian on a terracotta tablet; from the 18th century BC in Sippar, Iraq, and held by the Ancient Orient Museum, IstanbulCadastre survey marker from theSouth Tyrol mountains, 2018
Some of the earliest cadastres were ordered byRoman Emperors to recover state owned lands that had been appropriated by private individuals, and thereby recover income from such holdings. One such cadastre was done in AD 77 in Campania, a surviving stone marker of the survey reads "The EmperorVespasian, in the eighth year of his tribunician power, so as to restore the state lands which the EmperorAugustus had given to the soldiers of Legion II Gallica, but which for some years had been occupied by private individuals, ordered a survey map to be set up with a record on each 'century' of the annual rental".[7][8] In this way Vespasian was able to reimpose taxation formerly uncollected on these lands.[7]
With the fall of Rome, the use of cadastral maps effectively discontinued. Medieval practice used written descriptions of the extent of land rather than using more precise surveys. Only in the sixteenth and early seventeenth centuries did the use of cadastral maps resume, beginning in the Netherlands. With the emergence ofcapitalism inRenaissance Europe, the need for cadastral maps reemerged as a tool to determine and express control of land as a means of production. This took place first privately in land disputes and later spread to governmental practice as a means of more precise tax assessment.[7]
Cadastral surveying is the sub-field of cadastre andsurveying that specialises in the establishment and re-establishment ofreal property boundaries. It involves the physical delineation of property boundaries and determination of dimensions, areas and certain rights associated with properties. This is regardless of whether they are on land, water or defined by natural or artificial features.[9] It is an important component of the legal creation of properties. A cadastral surveyor must apply both the spatial-measurement principles of general surveying and legal principles such as respect of neighboring titles.
Acadastral map is amap that shows theboundaries and ownership of land parcels. Some cadastral maps show additional details, such as survey district names, unique identifying numbers for parcels, certificate of title numbers, positions of existing structures, section or lot numbers and their respective areas, adjoining and adjacent street names, selected boundary dimensions and references to prior maps.
James C. Scott, inSeeing Like a State, argues that all maps, but particularly cadastral maps, are designed to make local situations legible to an outsider, and in doing so, enable states to collect data on their subjects. He sees the origins of this inEarly Modern Europe, wheretaxation became more complex. Cadastral maps, he argues, are always a great simplification, but they in themselves help change reality.[10]
Cadastral documentation comprises the documentary materials submitted to cadastre or land administration offices for renewal of cadastral recordings. Cadastral documentation is kept in paper and/or electronic form.[11] Jurisdiction statutes and further provisions specify the content and form of the documentation,[12] as well as the person(s) authorized to prepare and sign the documentation, including concerned parties (owner, etc.), licensedsurveyors and legal advisors. The office concerned reviews the submitted information; if the documentation does not comply with stated provisions, the office may set a deadline for the applicant to submit complete documentation.[13][14]
The concept of cadastral documentation emerged late in the English language, as the institution of cadastre developed outside English-speaking countries. In a Danish textbook, one out of fifteen chapters regards the form and content of documents concerning subdivision and other land matters.[15] Early textbooks of international scope focused on recordings in terms ofland registration and technical aspects ofcadastral survey, yet note that 'cadastral surveying has been carried out within a tight framework of legislation'.[16][3] With the view of assessing transaction costs, a European project: Modelling real property transactions (2001–2005) charted procedures for the transfer of ownership and other rights in land and buildings.[17] Cadastral documentation is described, e.g. for Finland as follows '8. Surveyor draws up cadastral map and cadastral documents … 10. Surveyor sends cadastral documents to cadastral authority.'[18] In Australia, similar activities are referred to as 'lodgement of plans of subdivision at land titles offices'[19]
In theUnited States, cadastral survey within theBureau of Land Management (BLM) maintains records of allpublic lands. Such surveys often require detailed investigation of the history of land use, legal accounts, and other documents.
ThePublic Lands Survey System is a cadastral survey of the United States originating in legislation from 1785, afterinternational recognition of the United States. TheDominion Land Survey is a similar cadastral survey conducted in Western Canada, begun in 1871 after the creation of the Dominion of Canada in 1867. Both cadastral surveys are made relative toprincipal meridian andbaselines. These cadastral surveys divided the surveyed areas intotownships. Some much earlier surveys in Ohio created 25 square mile townships when the design of the system was being explored. Later, the design became square land areas of approximately 36 square miles (six miles by six miles). These townships are divided intosections, each approximately one-mile square. Unlike in Europe, this cadastral survey largely preceded settlement and as a result greatly influenced settlement patterns. Properties are generally rectangular, boundary lines often run on cardinal bearings, and parcel dimensions are often in fractions or multiples ofchains.Land descriptions in Western North America are principally based on these land surveys.
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Extensions of the conventional cadastre concept include the3D cadastre, considering the vertical domain;[22] and themultipurpose cadastre, considering non-parcel data.[23]
According to theUN Economic Commission for Europe, a "Marine Cadastre describes the location and spatial extent of rights, restrictions and responsibilities in the marine environment".[24]Marine cadastres apply the same governance principles to the water.[25] They help further conservation and sustainability efforts.[25] This is especially a concern in Europe's large aquatic market.[26][24] In Australia, they are used by many parties to plan around legal, technical, and institutional considerations.[27]A related concept is that ofmarinespatial data infrastructures.[28]
^ab"Cadastral Template - Field Data C4" (lists nations), CadastralTemplate.org, January 2008, webpage:CT-C4Archived 2012-07-30 at theWayback Machine: also has term "cadastral survey" and other land records.
^abJo Henssen,Basic Principles of the Main Cadastral Systems in the World,[1]
^FIG (1995) "The FIG Statement on the Cadastre", FIG Policy Statement, The International Federation of Surveyors (FIG), FIG PUBLICATION No 11, 1995,OCLC38375638fig.net
^abcRoger J. P. Kain and Elizabeth Baigent (1992).The Cadastral Map in the Service of the State: A History of Property Mapping. The University of Chicago Press.
^Pedersen, V. E. (1951) Matrikelvæsen. København, Den kgl. Veterinær- og Landbohøjskole (Cadastral Service. Copenhagen. Royal Veterinary and Agricultural University)
^abDale. P. F. & McLaughlin, J. D. (1988)Land Information Management. - An introduction with special reference to cadastral problems in Third World countries, Oxford University Press (p. 28)
^Vitikainen, A. (2007) Transaction costs concerning real property - The case of Finland. Pp 101 - 118 in Zevenbergen, J., Frank, A., Stubkjær, E. (Eds) Real property transactions: procedures, transaction costs and models. Amsterdam, IOS Press. Page 109
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