SVG Sd woods Avg UE Is CADASTRE SYSTEM. “ A cadastve is normally a parcel based and up to date land information system containing a record of interest in land (e.g, rights, restrictions, law), The objective of the symposium is to elaborate ‘on the land policy and technical options; this paper tries to give an overview about technical options to establish and to maintain cadastral system. There are different technical standard to design a cadastral system depending on the definition that do with that system. 1, Agriculture land reform( better economical land use) environmental protection, land consolidation 2. Documentation of big ecological systems(erosion, deforesting of tropical rain forest) 3. Taxation on the land 4, Legal documentation of ownership to land and other types of land tenure system in form of a land registration system DEVELOPMENT OF CADASTRAL SYSTEM Especially in densely populated areas on earth is the most important means of production of the people. In most countries or states, land ownership is especially secured and guaranteed by governmental organisations. To secure land tenure, it is necessary to define three different legal positions; how to own a particular land, how to get land and how to have the ownership right of the land. At the beginning of the 19th century in some of the kingdoms cadastral system have been established for taxation purpose until 1876 the cadastre in Prussia was completed. ‘THE IMPORTANT ROLE OF THE CADASTRE SYSTEM IN THE SOCIETY ‘Most jurisdictions have some form of registration of legal documents ownership, or use rights in some cases a new system may be introduced to replace existing systems or informal arrangements. The German system of land registration is a dual one; land registration and cadastre are established in different organisations. LEGAL DEMANDS FOR A WORKING CADASTRAL SYSTEM ‘The role of a land registration system like the cadastre should be regulated by laws and other administrative rules and guidelines for a uniform implementation of the system. All the information about the land should be stored in a retrievable way, maintainable and updated by using the most economic methods in surveying and storing the data ‘The cadastre system comprises the map, real estate and land register, The map shows the boundaries of real estates and locations of the parcel. Real estates and changes are entered into cadastre. The land register based on the cadastre contains a list of titles for real estate. Today's cadastre registration not only focuses on property registration but also serves other tasks usedl by Scanned with CamScanner(G private and public sectors in land development, urban planning, land management and environment monitoring (Federation Intemationale De Geometres, 1995; Williamson and ling in 2001), The central components of the cadastre systems are adjudication, demarcation survey and preparation of boundary description (Dale 1976). The overall cadastre systems are administered ‘or controlled by the state or federal government, either on its own or in conjunction with the private sector, The outputs of the eadastre system are the boundary description that ean be used for the production of the cadastral maps, recording titles or boundaries, valuation and taxation or planning and development, COMPARATI CADASTRE SYSTEM ‘There is a growing interest internationally in land administration and cadastral system and especially in their role as part ofa national spatial data infrastructure (SDI). In order to address this need, members of a team from the centre for spatial data infrastructures and land administration at the department of Geomatics, the university of Melbourne, with the support of the united nations permanent committee on GIS infrastructure for Asia and the Pacific (PCGIAP) and the international federation of surveyors(FIG), have a developed a cadastral template. The template aims to assist the evaluation and bench marking of cadastral systems and the role they play in SDIs. Professional Organizations/Socicties Certified Federal Surveyors (CFedS); Co-administered by the Bureau of Land Management (BLM) and the National Society of Professional Surveyors, CFedS provides extensive training for professional land surveyors. Federal Geographic Data Committee (FGDC): The FGDC Cadastral Subcommittee is comprised of federal, state, county, local, and tribal organizations who use cadastral information to satisfy business needs. The Subcommittee developed and maintains the Cadastral Data Content Standard. National Society of Professional Surveyors (NSPS): The mission of NSPS is to establish and further common interests, objectives, and political effort that would help bind the surveying profession into a unified body in the United States. National Council of Examiners for Engineering and Surveying (NCEES): Commonly referred to as the "Council," NCES is comprised of engineering and surveying licensing boards, Principles and Procedures Of Cadastre System + Principle of Cadastre Surveying Scanned with CamScanner\7 A common use of a survey is to determine a legal property boundary. The first stage in such a survey, known as a resurvey, is to obtain copies of the deed description and all other available documents from the owner. The deed description is that of the deed and not a tax statement or other incomplete document. The surveyor should then obtain copies of deed descriptions and maps of the adjoining properties, any records from the municipality or county, utility maps, and any records of surveys. Depending on which region the survey is located in, some or most of this information may not be available or even exist. Whether the information exists or not, a thorough search should be conducted so that no records are overlooked. Copies of deeds usually can be located in the government recorder's office, and maps or plats can usually be found at the recorder or surveyor's office. These arrangements will vary state-to-state and survey-system-to- survey system, so some familiarity may be needed. When all the records are assembled, the surveyor examines the documents for errors, such as closure errors. When a metes and bounds description is involved, the seniority of the deeds must be determined. The title abstract usually gives the order of seniority for the deeds related to the tract being surveyed and should be used if available. After this data is gathered and analyzed the field survey may commence. The initial survey operations should be concentrated on locating monuments, In urban regions, monuments should be sought initially; but in the absence of monuments, property corners marked by iron pins, metal survey markers, iron pipes, and other features possibly establishing a line of possession should be located. When the approximate positions for the boundaries of the property have been located, a traverse is run around the property. While the control traverse is being run, ties should be measured and all details relevant to the boundaries should be acquired. This includes but is not limited to locating the property comers, monuments, fences, hedge rows, walls, walks, and all buildings on the lot. The surveyor then takes this collected data and compares it to the records which were received. When a solution is reached, the chosen property comers (those that best fit all the data) are coordinated, and ties by direction and distance are computed from the nearest traverse point. Once this has been established the features on the lot can be drawn, dimensions can be shown from these features to the boundary line, and a map or plat is prepared for the client. *Procedures in a Cadastre cadastre requires two processes: inscription and data retrieve. The inscription adds a new document to the document register. This adds a new right to the cadastre because rights are based on documents (see section 2.4) and should result in the publication of the data by making it accessible. Retrieving data returns information to the user. A cadastre can be seen as a database and thus the processes are processes necessary for databases. A cadastre stores data on land. Documents represent the data and therefore a cadastre must store the documents. A database system provides the storage. A database must also provide methods to add new data, change data, delete data, and retrieve data. Adding documents to the cadastre provides adding, changing, and deleting data. Scanned with CamScanner+ Inscription \% ‘The inscription splits into three categories with different effects: + Transfer or creation of a right: A document is an evidence for a right. Therefore, adding a document to the document register changes an existing right or creates a new right. * Deletion of a right: The deletion of a right requires the approval of the beneficiary of the right (or a judgement). A document is necessary to prove that prerequisite. Therefore adding a document of deletion to the document register deletes a right. Then the affected right gets invalid. * Changing data: One of the most important changes in the data of a cadastre is the subdivision or merge of land. A cadastre must create or invalidate land data sets if a cadastre stores a separate data set for each piece of land, A cadastre must store the document showing the change (for example, a plat) to publicize the change. The inscription itself consists of several steps (see Figure 5). Documents may pass several checks before the changes take place in the database. The process consists of the following steps: + Arrival: The user files for inscription of the document. + Formal checks: The operator of the cadastre checks the completeness of the data. These checks should be as short as possible to minimize the time the user has to wait and as detailed as. necessary to detect a high percentage of errors at that early point. + Registration: The operator adds the document to the document register. The register requires an identifier for the document. A simple solution for such an identifier would be continuous numbering. After the registration the public ‘knows’ the document. Everybody inspecting the cadastre will get data on the document. However it is necessary to place a mark for that document, so the public can also see that the document has not yet passed the checks for validity. This mark will be removed when the database changes took place. + Detailed tests: The operator checks the validity of the document in detail. If the document fails the checks, the document may be ~ corrected by the author and again tested, or ~ removed from the register. + Database changes: Some documents affect parts of the database and require changes. The deletion of a right, for example, sets the status of the affected right from ‘valid’ to ‘deleted’. However, it does not delete the document completely. * Data Request Data requests may be limited due to the law, In Austria reading all data concerning one person would contradict the data protection law. Therefore, using the name of the owner as a search criterion is restricted to people who need this possibility (c.g. courts, tax authority, and credit Scanned with CamScannerinstitutes). Similar situations may occur in other cadastral systems, too. Therefore, the process must first test whether the request is allowed or not. The result of the request is only calculated if the request is allowed. . The request must allow different keys, It is not granted that there is a single key suitable for all requests (for example, the identifier of the parcel). Therefore several possibilities must be provided. Some examples for keys are: + Identifier of the parcel + Postal address of the parcel + Name of a person owning landest is only calculated if the request is allowed. PROPERTY LAW, There are various sources of laws that apply to property transactions in Nigeria which shall be briefly explained below. Customary Laws- these laws apply to ownership and transfer of properties under native laws and customs. Under customary laws, transfer of property is deemed to be complete and valid where the purchaser is in possession, there is evidence of payment of the purchase price and there are witnesses to the transaction. It is important to state that a customary law concerning property transactions does not recognize documentary evidence of transfer such as deeds, it is more of an oral transaction-based. Case laws- judicial decisions of the superior courts, especially the Supreme Court of Nigeria in respect of the cause of actions arising from disputes over properties have been recognized and accepted in property law practice in Nigeria. Those court decisions form part and parcel of various laws governing real estate in Nigeria. Received English Laws- these comprise of English Common Laws, Doctrines of Equity, and Statutes of General Application, They regulate property practices in Nigeria about the cause of actions that have been instituted and determined by the High Court and other superior courts of record, especially where there is a lack of comparable local law that can apply to the transaction. Some of the received English laws are the Conveyancing Act 1881, the Wills Act 1837, and the Statute of Fraud Act 1677. However, some of these foreign laws have now been domesticated in Nigeria and the ones not yet domesticated only have persuasive effect. Meanwhile, the direct Nigerian laws that govern property transactions in Nigeria include the followings; Scanned with CamScanner20 ‘The Constitution of the Federal Republic of Nigeria 1999 (as amended)- the Constitution guarantees the right of every Nigerian to own and acquire real estate in any part of the country. Section 43 of the Constitution provides that "subject to the provisions of this Constitution, every citizen of Nigeria shall have the right to acquire and own immovable property anywhere in Nigeria". Section 44 of the Constitution also further enacted the Common law principle that cautions against taking away proprietary vested rights without specific legal authority and also makes the provision of compensation. ‘The Land Use Act 1978 Cap L5, Laws of the Federation of Nigeria 2004- the Act was enacted to standardize land administration in Nigeria, where all land in various state are vested in the state governor. Section | of the Act provides that"all lands comprised in the territory of each state in the Federation are vested in the Governor of that State and such land shall be held in trust and administered for the use and common benefit of all Nigerian in accordance with the provisions of the Act", By the provision of this section, the governor is responsible for allocating land in urban areas to individuals for residential, commercial, or agricultural purposes. The Act is applicable throughout the Federation as it is one of the principal laws that govern property related matters. Property and Conveyancing Law (PCL) 1959- this law applies to the Western region of Nigeria. ‘The most important provision of the law is that no sale of land shall be enforced except there is a note or memorandum in writing, which contains the terms of the sale and subsequently signed. The law also emphasises on the importance of land transaction instruments to be by deed, as Section 67(1) of the law provides that "all conveyances of land or interest in land for the purpose of creating any legal estate are void unless they are made by deed”. The PCL governs ownership of properties in Ogun, Oyo, Ondo, Osun, Ekiti, and some parts of Lagos State. literate Protection Act- illiterate laws are enacted to protect those that are unable to read, write, or fully understand a particular property document that is involved in property transactions from fraud, It makes provisions for illiterate jurat in every property transfer document. Registration of Titles Law 2004 of Lagos State- this Act is applicable in some parts of Lagos State, which includes Victoria Island, Ikoyi, Lagos Island, Surulere and few others. It requires titles to land to be registered as first or subsequent registrations. Registration serves the purpose of ensuring that title has been registered and investigated by the Registrar of titles so that land purchasers can rely on the registration to determine that a land vendor has the right of title to sell. Land Instrument Registration Laws of various States- these laws apply to states in Nigeria; it defines registrable instruments and the effect of non-registration, The Land Registration Law of Scanned with CamScannerLagos State 2015 provides for the procedure for registration of property in Lagos State. There are 36 states in Nigeria, and of these states have laws that govern the procedures for property registrations and usage of lands. The Stamp Duties Act LFN 2004- the Act regulates stamp duties imposed on land transaction instruments and paid within 30 days to the Federal or State government on land instruments such as a deed of assignment, leases, or mortgages. The rate of stamp duty payable is dependent on the type of property and value of the land transaction. Administration of Estate Laws of States- in relation to real estate, this law regulates the administration of the estate of a deceased person who dies intestate (without leaving a will) and testate (with a will). Many states in Nigeria have laws that regulate the estate of deceased persons. In Lagos State, for example, the Administration of Estate Law of Lagos State makes provisions for the administration of the estate, devolution of the estate on personal representatives, the rights and duties of the representatives, and the process of obtaining a grant of probate and letter of administration, Companies and Allied Matters Act Cap 2020- by the provisions of the Act, companies registered with the Corporate Affairs Commission (CAC) are permitted to mortgage their properties by creating debentures over the assets of the company. Section 191 of the Act provides that a company may borrow money for its business or objects and may mortgage or charge its undertaking, property, and uncalled capital and issue debenture, stocks, and other security for any debt, liability, or obligation of the company. Wills Laws of States- this law aims to guarantee the freedom to make wills and dispose of the estate. Wills are to be made following the requirement of the will to ensure its validity. In closing, the above-listed laws govern ownership and control of properties in Nigeria, It is important to state that property law is broad as it regulates various transactions on a property, Apart from all of the mentioned laws, various states also have laws that govern properties within those states. Most states also enact laws that limit foreign ownership of properties within their territories. ‘ Scanned with CamScanner