Review of World Bank BEST PRACTICES IN LAND TITLING AND REGISTRATION projects
adapted from
PART 1
Scope and objectives
In terms of general objectives, most of the countries have
solicited support for existing titled issues accuracy and regularization relating to either providing and building accurate spatial database through mapping, surveying and recording cadastral information as well as building the necessary information technology infrastructure for that.
Regularizing the title status is an important driver which involved also building local capacity and the support of international advisory skills. for the land holder, the most important aspect of the project is to get official accurate documentary evidence of ownership especially that recording successionary ownership is Omni-absent in some countries.
The scope depends highly on the government program. Lasting up to 20 years such as in the case of Thailand where the government had an ambitious goal of releasing title for every un-registered rural land. The critical starting point is to agree in which area to start by looking at regional economic growth, rural productivity and agricultural support, urban land market support.
The institutional dimension is important to be studied and resolved since it can result in a failure to launch the project even after years of technical research and study.
. In the context of land administration, several agencies share thee authorities and responsibilities leading to title issuance
This several agency model create challenges such as bureaucratic inefficiencies, complex political goals, lack of coordination between the legal and technical aspect of the project.
Since Issuing a land title is multi-functional, running the program for land registration projects usually result in r process re-engineering in order to make sure that the process of title accuracy review is coordinated through he different professional departments of the different agencies.
Given the criticality of land titling, public servants are demanded to exert extra vigilance, work long hours and accept greater responsibilities.
Incentives are needed also to encourage such attitudes. The author states that not only incentives in monetary terms are important, but field allowances and opportunities for study tours and scholarships need to be equally considered.
Rent seeking is one of the shadow institutional practices in land registration offices. To counter such tendencies, adopting the principles of transparency of operations and publicly announcing the procedures, targets and fees prove efficient.
A funded long term information and disclosure campaign ensure the participation of local communities for example in the adjudication step especially in rural areas.
Maintaining the "principle of publicity" of the register require laws, regulations and procedures which guarantee interested parties access to the information in the records in the land office .
Strong leadership, information and strong law enforcement is strengthened by appointing project officials in agencies that are bold, clear sighted, and dedicated to improvements in their agencies mostly for the benefit of the people.
Agreement on sourcing out parts of the scope is usually controversial since land registration is seen as a risky public operation .Aspects of policy and regulations are usually directly performed by the public sector agencies but other aspects in the projects reviewed have been contracted.
The private sector has been extensively contracted for aerial mapping that is usually used as an instrument for identifying parcels and their boundaries.
in the North East Brazil, the private sector was additionally engaged for adjudication, issuing up the drawings for the title documents, completing the cadastral survey and mapping. Only the registration of the documents, and monitoring the quality control was left to the public agency.
This is partially due to the fact that in Brazil, most of the 2000 land registration offices (cartorios) are under concession contracts.
The BOT (build- operate- and transfer) approach was once implemented n the mid 1980s
In a US$9 million USAID land titling project for the 40,000 parcels of the small country of St. Lucia including immediate dispute settlement.
Developing the laws and policies to support the land titling and ensure its successful continuity are diverse in scope – it can expand from just improving cadastral laws to actually issuing a new law especially in transition economies. The latter might take two to three years because for the extensive reviews that such laws need between the different government agencies, department and authorities. Interim regulations might be useful in implementing pilot projects or trial operations. These initiatives can provide feedback for the draft law and might add operational clarity to it.
Researching previous case studies proved that the development of legal solid foundation needs to be taken into consideration within the scope for the project: general and administration principles from other contexts can be localized through a technical assistance activity .
Building robust supporting regulations is as necessary as the law itself – in Indonesia, documenting the full spectrum of laws and court cases that might shed a light on the interpretation of the law is a sub project that has until now collected more than 2,000 relevant archived documents. Establishing secondary court houses to resolve land related courts might prove necessary to expedite the resolution of disputes such as in Libya where 30 secondary courts housed have been operated to minimize the resolution duration.
legal requirements for occupation without documented proof of ownership needs to be drafted and approved in order to escalate the status of ownership to a full title type- an example for those might be utility receipts, tax receipts, neighbor testimony or community leader evidence with no court challenge of the existing land.
The condominiums laws privatized the ownership of units as well as handing over the maintenance of their collective areas to the owners. Legally, it is important to have strong foundation for units registration especially for the smooth administration and fee collection for the improvement and maintenance of the common areas.
The demarcation of conservation areas including forests proves to be a legal hurdle. Institutional, economic, legal interest's interplay- considerations such as resettlement, conservation, traditional people and their traditional rights in the protected areas, recent settlers in or near the protected area make the demarcation as well its registration to state owned status complicated.
Unfortunately the approach adopted for community lands have had difficulties. Development pressure impact the settlement of community lands especially with increasing demographic growth – traditional people and their lands might be disadvantaged by an absence of a legal qualifier that distinguished them from new settlers or informal squatters.
The tenure considerations are looked at especially those relating to the land rights that are registered .regardless of the right official name, it is important to list the rights that can include
The right to transfer, sale or assignment; gift; exchange; mortgage; usufruct; lease; inherit; and to license. Easements are important to be noted within the title itself is for physical access land is locked; compensation and resettlement requirements for state expropriation; and de-facto use rights.
The lease or land use right term needs to be examined to ensure that it is viable, e.g., is a term of 30 years long enough for agriculture? is 50 years in order for forestry purposes? and 99 years for residential use.
Introduction
Based on a review of 13 World Bank implemented land titling and registration projects with a total loan value of about US$550 million, the paper has examined the different major objectives and scope for these projects, the institutional considerations, the legal and technical issues faced, training and education that needed to be provided, the information technology dimension that was tackled and analyzed in particular the traditional and community land rights; and transparency and ethics in land registration operations.Scope and objectives
In terms of general objectives, most of the countries have
solicited support for existing titled issues accuracy and regularization relating to either providing and building accurate spatial database through mapping, surveying and recording cadastral information as well as building the necessary information technology infrastructure for that.
Regularizing the title status is an important driver which involved also building local capacity and the support of international advisory skills. for the land holder, the most important aspect of the project is to get official accurate documentary evidence of ownership especially that recording successionary ownership is Omni-absent in some countries.
The scope depends highly on the government program. Lasting up to 20 years such as in the case of Thailand where the government had an ambitious goal of releasing title for every un-registered rural land. The critical starting point is to agree in which area to start by looking at regional economic growth, rural productivity and agricultural support, urban land market support.
- Institutional dimension
The institutional dimension is important to be studied and resolved since it can result in a failure to launch the project even after years of technical research and study.
. In the context of land administration, several agencies share thee authorities and responsibilities leading to title issuance
This several agency model create challenges such as bureaucratic inefficiencies, complex political goals, lack of coordination between the legal and technical aspect of the project.
Since Issuing a land title is multi-functional, running the program for land registration projects usually result in r process re-engineering in order to make sure that the process of title accuracy review is coordinated through he different professional departments of the different agencies.
Given the criticality of land titling, public servants are demanded to exert extra vigilance, work long hours and accept greater responsibilities.
Incentives are needed also to encourage such attitudes. The author states that not only incentives in monetary terms are important, but field allowances and opportunities for study tours and scholarships need to be equally considered.
Rent seeking is one of the shadow institutional practices in land registration offices. To counter such tendencies, adopting the principles of transparency of operations and publicly announcing the procedures, targets and fees prove efficient.
A funded long term information and disclosure campaign ensure the participation of local communities for example in the adjudication step especially in rural areas.
Maintaining the "principle of publicity" of the register require laws, regulations and procedures which guarantee interested parties access to the information in the records in the land office .
Strong leadership, information and strong law enforcement is strengthened by appointing project officials in agencies that are bold, clear sighted, and dedicated to improvements in their agencies mostly for the benefit of the people.
Agreement on sourcing out parts of the scope is usually controversial since land registration is seen as a risky public operation .Aspects of policy and regulations are usually directly performed by the public sector agencies but other aspects in the projects reviewed have been contracted.
The private sector has been extensively contracted for aerial mapping that is usually used as an instrument for identifying parcels and their boundaries.
in the North East Brazil, the private sector was additionally engaged for adjudication, issuing up the drawings for the title documents, completing the cadastral survey and mapping. Only the registration of the documents, and monitoring the quality control was left to the public agency.
This is partially due to the fact that in Brazil, most of the 2000 land registration offices (cartorios) are under concession contracts.
The BOT (build- operate- and transfer) approach was once implemented n the mid 1980s
In a US$9 million USAID land titling project for the 40,000 parcels of the small country of St. Lucia including immediate dispute settlement.
- Legal dimension
Developing the laws and policies to support the land titling and ensure its successful continuity are diverse in scope – it can expand from just improving cadastral laws to actually issuing a new law especially in transition economies. The latter might take two to three years because for the extensive reviews that such laws need between the different government agencies, department and authorities. Interim regulations might be useful in implementing pilot projects or trial operations. These initiatives can provide feedback for the draft law and might add operational clarity to it.
Researching previous case studies proved that the development of legal solid foundation needs to be taken into consideration within the scope for the project: general and administration principles from other contexts can be localized through a technical assistance activity .
Building robust supporting regulations is as necessary as the law itself – in Indonesia, documenting the full spectrum of laws and court cases that might shed a light on the interpretation of the law is a sub project that has until now collected more than 2,000 relevant archived documents. Establishing secondary court houses to resolve land related courts might prove necessary to expedite the resolution of disputes such as in Libya where 30 secondary courts housed have been operated to minimize the resolution duration.
legal requirements for occupation without documented proof of ownership needs to be drafted and approved in order to escalate the status of ownership to a full title type- an example for those might be utility receipts, tax receipts, neighbor testimony or community leader evidence with no court challenge of the existing land.
The condominiums laws privatized the ownership of units as well as handing over the maintenance of their collective areas to the owners. Legally, it is important to have strong foundation for units registration especially for the smooth administration and fee collection for the improvement and maintenance of the common areas.
The demarcation of conservation areas including forests proves to be a legal hurdle. Institutional, economic, legal interest's interplay- considerations such as resettlement, conservation, traditional people and their traditional rights in the protected areas, recent settlers in or near the protected area make the demarcation as well its registration to state owned status complicated.
Unfortunately the approach adopted for community lands have had difficulties. Development pressure impact the settlement of community lands especially with increasing demographic growth – traditional people and their lands might be disadvantaged by an absence of a legal qualifier that distinguished them from new settlers or informal squatters.
The tenure considerations are looked at especially those relating to the land rights that are registered .regardless of the right official name, it is important to list the rights that can include
The right to transfer, sale or assignment; gift; exchange; mortgage; usufruct; lease; inherit; and to license. Easements are important to be noted within the title itself is for physical access land is locked; compensation and resettlement requirements for state expropriation; and de-facto use rights.
The lease or land use right term needs to be examined to ensure that it is viable, e.g., is a term of 30 years long enough for agriculture? is 50 years in order for forestry purposes? and 99 years for residential use.
TOWARDS BEST PRACTICE FROM WORLD BANK EXPERIENCE
IN LAND TITLING AND REGISTRATION Lynn Holstein
World Bank Consultant1,Washington, D.C.,October 1996
Retrieved in December 2010 – worldbank website
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