Stubkjær & Ferland: Design for Cadastral Research

An Adequate Research Design for Cadastral Development

Erik Stubkjær

Dept. of Development and Planning
Aalborg University, Denmark
/

Yaïves Ferland

Land Law Lab, Ctr. f. Research in Geomatics
Université Laval, Québec, Canada

Paper presented at AAG2000, Cadastral concerns I, Pittsburgh PA, April 6th 2000

Abstract

An important issue in cadastral teaching at the university level is the determination of property boundaries. Historically, cadastral teaching branched from Geodesy and Land surveying, and includes as well Law, and - as far as cadastral management is taught - other social science disciplines.
Within the context of Geography, cadastral issues relate to Human geography, while the measurement foundations relate to Physical geography. Technology has had a substantial impact on practice and teaching, in geography as well as regarding cadastre.
Cadastral research is emerging, drawing upon a variety of academic disciplines. The paper demonstrates the application of disciplines to elucidate the boundary setting problem. It describes the boundary setting problem in the context of a more comprehensive view of the cadastral problem domain, and from this basis suggest an adequate design for cadastral research.
Keywords: Cadastre, problem domain, information system, institutions, real property, research design, Soft Systems Methodology.

1. Introduction

In Europe, the cadastre developed in the context of centralization of administration and the issuing of tax ordinances from about 1700 (Encyclopaedia, 1930). Cadastral concerns at university level branched from geodesy and land surveying. In Denmark the branching took place in 1874 when the first cadastral lecturer was installed (Stubkjær, 1999). In the USA, the branching is evidenced through the specification of research needs (see section 2). The teaching of law: Cadastral law, property law, and planning legislation took place in a national setting, and still does. However, from the 1970s a concern for an international scope manifests itself, e.g. in terms of the Statement on the Cadastre, and the recent Badhurst Declaration on Land Administration for Sustainable Development, both prepared by the "Fédération Internationale des Géomètre" (International Federation of Surveyors) (FIG, 19; 1999).

These normative statements of the profession has been accompanied by emerging research, e.g. from the point of view of formal modelling (Frank, 1996), benchmarking (Steudler, Williamson, Kaufmann & Grant, 1997), or with a view to chart the interrelated technical, legal, and organisational aspects (Zevenbergen, 1998). Stubkjær surveys research in information systems development, and research within geographical information science with a view to establish a theoretical basis for cadastral studies (1999), and presents a view of the cadastral problem domain (2000).

The present paper develops from (Stubkjær, 1999, 2000) by suggesting a research design that support the solution of practical problems, contributes to general cadastral knowledge, and - where circumstances permit - provides new knowledge within the neighboring, traditional disciplines.

The paper introduces the cadastral field by referring to three definitions of the cadastre (section 2). Cadastral studies draw upon knowledge from traditional, academic fields. The fields are shortly outlined (section 3), and in section 4 it is demonstrated how aspects of a key issue: the determination of property boundaries, can be described with reference to abstract knowledge, and thus independent of the specific national rule sets. The concept of 'institution' is briefly addressed (section 5). The two items: the boundary determination problem and the concept of institution, respectively, are but elements of the cadastral problem domain. A more comprehensive view of the problem domain is presented (section 6). This provides the basis for the suggestion of an adequate research design (section 7). A conclusion closes the paper.

2. Three definitions of 'cadastre': Focus towards 'institution'

NSF supported workshop, Virginia

In the USA, the National Research Council supported a series of activities and reports on cadastral issues, including 'Need for a Multipurpose Cadastre', and 'Procedures and Standards for a Multipurpose Cadastre' (NRC, 1980, 1983). The specification of research needs was further pursued, and eventually resulted in the NCGIA consortium. The US understanding of cadastre is derived from quotations from the documentation of a workshop on fundamental research needs in surveying, mapping, and land information systems, which took place in Virginia, supported by the National Science Foundation (Onsrud, Clapp & McLaughlin, 1985).

The Cadastre is perceived as 'a comprehensive land information system composed of interrelated sub-systems' (Rep: 30). The sub-systems are mentioned in terms of five components (Proceed: 106):

  • reference (geodetic frame),
  • large-scale maps,
  • cadastral overlay [data],
  • parcel ID for land records, and
  • land data files.

The cadastral data are conceived as one among several overlays of a land information system. The layer includes parcel-related data, that is point coordinates, as well as "geometric, legal, and other historical logic behind the location of parcel corners" (Rep: 30-31).

The purpose of the cadastral sub-system is described, in the context of data acquisition (Proceed: 51), as:

  • to record and describe parcels, buildings, and land use according to the necessities of law, administration, and industry ..
  • to define and guarantee property boundaries, to determine coordinates of all measured points, to give information concerning the size and nature of land use, to represent buildings or other constructions, and represent the results of soil evaluation.

The university staff, who were selected to participate in the workshop, "represented not only the traditional surveying and mapping disciplines, but also land information specialists in a number of related fields, including geography, computer science, real estate development, landscape architecture, and law" (Rep: 5). The report states "the legal and institutional significance" of cadastral data (Rep: 30), however prioritizes research within data capture and data structures, as well as cost models, and cost-benefit analysis.

FIG Statement on the Cadastre

The FIG Statement on the Cadastre (1995) evidences the international perspective on cadastral concerns. The Statement introduces the concept through a defining text:

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.
It may be established for fiscal purposes (e.g. valuation and equitable taxation), legal purposes (conveyancing), to assist in the management of land and land use (e.g. for planning and other administrative purposes), and enables sustainable development and environmental protection.

The text further describes the need for information on land, "e.g. information about land resource capacity, land tenure, and land use", and it asserts that the cadastre "is usually created and managed through a government organization", be it within local governmental, or a national or state organization. Sections of the Statement develop on '5. Cadastre and Land Tenure', and '6. Cadastral Issues'. The latter addresses among others informal rights to land, the difference between title registration and deeds registration, and the challenge of lowering transaction costs.

A definition of the cadastre:

For the purpose of this paper, a cadastre is defined as

  • a geographical information structure
  • on units of real property and their components,
  • ordered by government
  • to sustain the institution of real property rights.

The term GI structure has been chosen to emphasize that it is the information, rather than the technology, which constitutes the cadastre. A cadastre from the 1700s has a geographical information structure, carried by protocols and analogue maps; it could be misleading to claim that it was based on a GIS. Computer science branched into the natural science computer science, and the social science aspects of information systems in the 1980s (Stubkjær, 1999). This trend assisted in making the distinction.

The units of real property are described in legal terms. The diverse acts and court rulings, which define the units, are not always consistent, and it is complicated issue to establish an information system, which is faithful to the asserted legal situation, and yet efficient.

The cadastre is contended to be rooted in government, as government has the power to enforce law and order, including the protection of real property rights. The cadastre is 'ordered', rather than 'managed' by State, what indicates that the allocation of tasks among governmental bodies, professions, and companies, respectively, is not part of the definition.

In the 1980s, the cadastre was described as 'multipurpose'. It is surely a quality that the cadastre is used for a variety of purposes, but the constituting fact is that the cadastre operates within the legal and institutional realm. The definition implies that the cadastre is conceived as a means of social justice.

3. The disciplines involved: The frames for research

Cadastral studies seem to have in common with information systems development, and human geography that a number of social science disciplines are needed to treat an issue with academic rigor. This is not the place to make a comprehensive survey; an illustration by key titles must do.

GIScience / Longley, Maguire, Goodchild & Rhind (1999) Geographical Information Systems. 2nd edition.
Blachut (1991) Dynamic LIS Based on a Multipurpose Cadastre.
Economy / North (1990) Institutions, Institutional Change, and Economic Performance
Weimer (1997) The Political Economy of Property Rights
Political Science / Easton (1953) The political system
Pressman & Wildavsky (1973) Implementation
Marin & Mayntz (1991) Policy networks - Empirical evidence and theoretical considerations
Law / Simpson (1976) Land Law and Registration.
CCLS (1989) Survey Law in Canada.
Larsson (1991) Land Registration and Cadastral Systems.

Regarding law, mention is made of the structural differences between the English-commonwealth Common Law tradition, and the continental European Civil Code tradition. The Canadian CCLS text addresses this issue, as both traditions are represented in Canada.

The Virginia workshop (cf. Section above) included real estate development, and landscape architecture, respectively, among relevant disciplines. Spatial planning could be mentioned as well. These fields are not included here, as focus is on academic disciplines, which relates to the stated definition of the cadastre.

4. A key problem: The description of property boundary

The "Comité de Liaison des Géomètres Européens" (The European Council of Geodetic Surveyors) has stated what is common to the geodetic or land surveyor profession in Europe. Among 8 basic functions mention is made here of the function:

3.1.4 Cadastral and boundary surveying: the determination and interpretation of boundaries and demarcations on the surface or in space from or into verbal, cartographic or mathematical description together with the abstract legal concept thereof.

This basic function is described in the following with reference to recent GIScience research.

The dual nature of property boundaries

When you observe a landscape, you see discontinuities, which could be the boundaries of a unit of real property: ditches and streams, banks and hedges, fences and walls, marked stones and monuments, etc. However, ditches may be digged within a property to drain the land, hedges may be planted to protect from wind, and title to land may be transferred to a road authority, to give way to a new road that runs across existing topography.

Generally, it is posited that real property boundaries can only be identified with sufficient certainty by means of some symbolic object or activity. Examples of symbolic objects are the marked corner stones and specific boundary marks as well as maps that are made to show the boundary, especially cadastral maps. Examples of symbolic activities include neighbors pointing out the boundary, formal boundary inspection by appointed persons with good memory, and boundary setting by licensed land surveyors. The outcome of the symbolic activity is called a fiat boundary. According to the philosopher Barry Smith (1995), a fiat boundary exists only in virtue of the different sorts of demarcations effected cognitively by human beings. The fiat boundary owes its existence not exclusively to human fiat, as it is located with reference to the underlying factual material. This material show spatial discontinuity (ditches, etc.) or qualitative heterogeneity (of material constitution, texture, etc.). These boundaries are called bona fide or physical boundaries (Smith, 1995; Smith & Varzi, 2000). To give examples: Bona fide boundaries may be used for the definition of a fiat boundary, e.g. a stream marking the boundary of a parish. Fiat boundaries may be established as mere lines traced on a plan for the division of land to structure its settlement. However as time passes on, the lines become visible in the terrain as the buildings, lawn, fences and roads are installed, that is they become bona fide.

The fiat-bona fide distinction can make a basis for comparisons of the boundary setting practices of different countries, as well as for investigations into topological problems that extend to several dimensions, what is called mereo-topology (Smith & Varzi, 2000).

The nature of socio-economic, spatial units

The area that is delimited by real property boundaries is an socio-economic, spatial unit (SEU). Like the property boundary, a declaration, together with the physical reality, delimits all SEU. The nature of the declaration differs among the following four categories of SEU:

A jurisdiction, of which the prototype is the nation or state, exemplified by territories.

A place, exemplified by towns, market-places, squares and similar entities.

A region, exemplified by areas as those, which are delineated in view of scientific research.

A district, exemplified by an area defined and used by an organizational body, public, industrial or commercial.

The jurisdiction is the realm of the exercise of power. The Renaissance prince and the modern government dominate within a jurisdiction: the nation, the state or the territory. Government subdivides the territory of the state into sub-units and installs administrative authorities to exercise their competencies within these spatial units. Similarly, the owner of a unit of real property disposes of it in matter and in rights within the boundary of the property, and has the right to exclude others from this property, and to request the authorities to enforce it. Thus, a unit of real property is a SEU within the category of jurisdiction. It has an area at the surface of Earth, but the essence of the unit is the relation between the owner and the land: the domination, the cultivation, the base for living, as well as the fact that this relation is protected by the legal system.

A place is a physical entity that is denoted by a place name, and vaguely delimited. This category applies to the spatial units to which we refer in ordinary conversation: towns and streets of all kind and sizes, parks and other objects described, e.g. by Kevin Lynch in The Image of the City (1960). The Swedish handbook on decimal classification system for research libraries (Tekniska Litteraturselskabet, 1977) mentions diverse categories of place names, namely place names, parcel reference numbers, street names, and names of nations. Referring to this (Stubkjær, 1992) proposed a distinction between 'natural place names' used in ordinary conversation, and 'technical place names' like cadastral designations, address codes, etc. The former develops from the talk of the town, while the latter are established through an administrative procedure.

In principle, places do not relate to power relations, but as their naming implies some symbolic identity, exceptions are found: The different German and Soviet conquerors of the Baltic countries changed street names according to their value sets. A letter of 17 Latvian communists from 1977 explicitly refers to this practice as one example of Soviet Russian suppression of Latvian language and culture. The mentioned behaviour may be related to research on territoriality, that is: a human, spatial strategy to affect, influence, or control resources and people, by controlling area (Sack, 1968: 1, 19). The 17 communists consider place naming a means of communicating influence. See (Stubkjær, 1992) for a more extended comment.

The categories regions and districts have in common that they need not be publicly known. Used in industry or commerce, e.g. by a transportation company, or a sales department, districts are used to rationalize their tasks. Used by a governmental body, defining districts for land use zoning has a flavor of governmental dominance, but a district differs from a jurisdiction in that a district does not denote the spatial demarcation of an authority. District has common traits with region. This is not surprising as administrations apply scientific knowledge for fulfilling their task.

Finally, regions are defined in the context of scientific inquiry. It is scientists, rather than civil servants, who define and change them.

Location of property boundaries

Property boundaries are located by means of a national, geodetic reference system. However, cadastral location needs more than the position with reference to the geodetic reference systems, as the neighbor relations among units cannot be represented by coordinates (Laurini & Thompson, 1992). The neighbor relations appear on the analogue cadastral map with parcel identifiers, and through the corresponding data structures. Finally, the real property units need to be described relative to place names, especially road names, as this is the location means needed by the ordinary citizen and owner.

Using the scales of measurement of Stevens (1946) in the simplified version where the ratio scale is ignored, we have (Stubkjær, 1992):

Nominal (verbal) / Place names; Cadastral identifiers; Address codes
Ordinal (graphical, topological) / Neighbor relations; House numbering sequences
Metric (numerical) / Coordinates of boundaries, road centerline, etc.;
'Metes and bounds'.

Summing up, the issue of property boundaries is presented in a way that is independent of the rule sets and practices of a specific country. The presentation may be used as a basis for comparison of the rules and practices of different countries.

5. The concept of ‘institution’.

The cadastre regards real property, and is a means for protecting property rights. It has been noted above, section 2, that the legal setting makes it difficult to develop the appropriate information systems. However, the difficulties are not fully addressed yet. This is due to the fact that an act, or another legal text, prescribes certain behaviour for specific situations without stating the context of the behaviour. The context is assumed to be a well-known situation, and only deviations from the usual, or specific points, are explicitly stated in the legal text. The familiar, but implicitly stated patterns of behaviour may be called 'culture' or institution. The latter is the term applied in economics. It is used in the following to be able to account for similarities and dissimilarities among countries, or among segments of society.