Cadastral survey in Ethiopia

CADASTRE IN ETHIOPIA
a) Land Tenure & Registration
• The Absence of Capital City until 1886 Prevented the Beginning of
Property in Land
• The emergence of new urban land tenure structure after the
establishment of Addis Ababa as a capital city
• Menilik II who issued the country’s first urban land related proclamation at the
end of 1907, which brought legislation stating the change in ownership of the
land in the city of Addis Ababa

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 Article I
I, Minilik II, Emperor of Ethiopia, have authorized my country men and foreigners, for whom 1 have given a special law,
to buy land in the town of Addis Ababa, but they must not transgress this law.
 Article II
The Government shall assess the amount of money to be paid for a certain area of
Government land depending on its value.
 Article III
Individual holders may sell their holdings in accordance with the provision of this law.
 Article IV
All measurements of land shall be square meters. A square meter shall mean an area of land
one-meter long by meter wide.
• The 1907 First Land Related Proclamation Recognized Private Ownership
• The 1931 & 1955 first & revised Constitutions further secured Citizens the Right
to Keep the Land they Own
During Haile Sellasse I, both the 1931 constitution and the 1955 revised constitution
further guaranteed all Ethiopians the right to keep the land they own.
• Emperor Menilik who issued a decree that brought legislation to initiate the first
cadastral survey in Addis Ababa in 1909
• Thus, landowners were to be given a certificate refereed as “yrist woraqat” or
“rist-paper” to be written in Amharic and French, with a map showing the
boundaries of land.
• the emergence of modern city administration (municipalities) is a recent
phenomenon, which started around 1942
• Land registration carried out mainly for the purpose of assessing and collecting
land and building tax.

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 CADASTRE IN ETHIOPIA
Land Tenure & Registration Cont…

■ PROC. No. 47/1975 Nationalized Urban Land & Extra Houses

• Proclamation No. 80 of 1993 issued a Decree stating that all urban land is to be
governed by the lease policy

• Lease is being practiced almost in all urban centers

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 CADASTRE IN ETHIOPIA

Land Tenure & Registration Cont..

• Voluntary & Obligatory Registration Registrations of lands are of different type

▪ Registration of New Allocations

▪ Registration of Old Occupations

▪ Registration of Subdivision

▪ Registration of Transfers

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 CADASTRE IN ETHIOPIA
b) Property Taxation

• The 1907 Proclamation obliges every landholder to pay an annual tax of the
assessed value

• Menilk’s Ruling regarding cadastre and land tax in the city of Addis Ababa, every
landholder was to pay an annual tax of 5 per 1000 of the assessed value of the land

• Lack of cadastre makes Difficult Valuation

• Land tax is paid based on the land area, location & land use

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• Land rent in the urban centers is simply paid based on its area and location or
grade of land. Until recently, land rent in urban centers of Ethiopia is paid in
accordance with Proclamation No.80 of 1976.

• “…the payment of the land tax has traditionally been regarded as obligation of
‘rist’ holder and evidence of ownership…”

• Later on in 1932 Emperor Hile Selassie I took steps to improve the system of land
taxation in Addis Ababa. For instance, the Decree of 1932 states that the land
within the boundary of Addis Ababa should be taxed irrespective of whether it had
title deed

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• October 1921, the government issued a notice calling on those who had not
registered their lands to do so, otherwise without a certificate they can not sell,
change, and mortgage their lands

• As a result by 1935 the registrations have been more or less completed and a total
of 45,000 certificates were issued

• the policy of the Bank of Abyssinia, which had given priority of mortgages only
for a unit of land that is registered or with title.
 CADASTRE IN ETHIOPIA
c) Surveying & Mapping

• Since its establishment the EMA produces large scale aerial

photographs ranging from 1:8000 to 1:20,000

• For planning purpose it also provides maps on scales 1:2,000; 1:2,500;

1:5,000; and 1:10,000

• Old and un updated aerial photographs & maps

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 Sources of Cadastral Data
• There are two ways in which maps may be produced from primary sources:
a) Ground Survey
b) Air Survey
• Types of cadastral Data
i. Cadastral spatial data (spatial data’s of cadastral survey includes angles, distance or in a hole sense
coordinates of the corners of buildings, boundaries of the features to be survey)
It is a process of measuring, recording, creating, and making of land boundaries and also involves the physical
determination of dimensions, areas and position of land properties.
• Cadastral attribute data (type of corner, Monument, owner ship, part-ownership, type of owner ship, uses,
current activities, permits, license, rights and restrictions, land value, purchase price, taxation, legal
description, monument description, owner name, administration agency etc.)
A typical non-spatial or attribute data’s required for a cadastral survey are type of corner and other socio-
economic information.
 Non-spatial data
 Who is the owner of the parcel?
 Where is the location of the parcel?
 What is the parcel id of the parcel?
 What is the over all dimension of the land i.e. area?
 What is the amount of the tax paid?
 Is there any dispute?
 What is the acquisition type; date of acquisition and the available document?
 What are the housing facilities?
 What are the social problems in the area?
 What are the desired service /infrastructures?
 Waste disposal type?
 Pollution problem type? And
 What is the service of the parcel and what social infrastructures used by the house hold in the area and others are to be answered by
this project.
Requirements for cadastral survey
1. Scale
2. Identifier
3. Planimetry &
4. Reference

1. scale: A much large scale will be necessary for cadastral maps of

towns than for those of rural areas.
• In densely developed areas a larger scale may be desirable will be in
open country side much smaller scales may be acceptable. Most
cadastral maps need to be at scales of between 1:500 and 1:2500.
2. Identifiers: either names or numbers must be given by to each
separate land parcel (means a unique parcel identifier should be given).
These references are known as property identifiers (PID) or unique
parcel reference numbers (UPRN).
• Should be easy to understand and easy to remember, easy to use
property, but capable of being updated
 Requirements for cadastral...
3. Plainmetery: usually cadastral maps need only be “plan metric”
maps that are they need not show to graphical relief.
• For special reasons altitude should be recorded on cadastral maps but
ordinarily that is needed a plan of what is seen from a point vertically
above the piece of land observed distance recorded on such plans are
the horizontal distances between points and not the surface distance
actually measured on the ground.
4. Reference: show a sufficient number of points which can be
accurately identified on the ground to enable any other points on the
ground to be identified on the map (or vice versa) by eye or by simple
and short measurements.
• Permanent objects around the boundary.
 Purpose of Cadastral / Land Surveying
• Land surveys are made for specific purposes. Some of these are:- 
 For determine the location of land boundaries on the ground and drawing of plates
portraying the subdivision of traces in to smaller parcels.
 Obtaining data for deed description, leases and other legal instruments.
 Securing information for wills, mortgages, tax assessment commination for public
use (declare unfit for public use).
 Calculating area
 TYPES OF CADASTRE
 Depending on their use, type and quantity and quality of data, cadastres can be divided in to three
types:

Fiscal

Legal and

Multipurpose cadastre
 Fiscal cadaster

• Fiscal cadaster is a record of information necessary for collecting

property taxes, which includes location and value of parcel.
Frequently, the occupant of the parcel is identified for tax purpose, and
no effort is made to determine the legal owner. Governments need
income, which generally is generated through some sort of taxes. One
major resource in a country that can be taxed is land and land related
properties. Thus, a fiscal cadaster must include enough information to
calculate a value using certain valuation methods.
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
Fiscal cadastre - property valuation and land taxation.
Functions of fiscal cadastre

information base for property taxation
o
distribution of funds from public programs
o
monitoring and supporting land markets
o
information for growth management and land use planning

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 LEGAL CADASTRE

• Legal cadastre is a register identifying the legal owner and precise

boundaries of each land parcel.
• Establishing a legal cadastre requires both fixing parcel boundaries
through surveying and mapping, and fixing legal rights, which may
involve negotiations among involved parties and a judicial
determination of ownership (Adjudication).
• In other words the legal cadastre deals with rights to use land.

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
Legal cadaster - parcel-based description of interests or rights in real
property; typically supported by titles or deeds, and registry.
Functions of a legal cadastre:
o
define property rights (often in conjunction with formal and case law)
o
describe the extent (spatial, sometimes temporal) of property rights
o
support land transfer
o
provide evidence of ownership (e.g., using land as collateral/ insurance)
o
program administration (e.g., enforcement of laws, targeting of incentives)
o
public land management

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Multipurpose cadastre

• The data concerning the legal and fiscal cadastre along with information on
land use, infrastructure, buildings, soil and other factors.
• Each parcel must be assigned a unique identifier, so that all the information
can be related to the same plot.
• The basic information needed for development planning can be found from the
legal or fiscal cadastres where they are kept up to date by concerned
organizations.
• For creating special information system for planning purpose it has in many
cases proved favorable to develop cadastre into a multipurpose cadastre.

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 Types of Land Survey
• All land surveying are broadly classified in to two categories-
i. Original surveys:- When a tract has not been surveyed previously or when a
new parcel is creating on a given tract,
• Original survey executed to define the size, shape and relative location of a tract
of land.
• Time saving and less expensive in its excitation.
ii.Resurveys :-establish the boundaries of a track of land in their original locations
described in the field notes or plat of previous original survey.
• The survey is guided by the description of the property based on the original
survey. There description may be in the form of originals survey notes, old deed,
or plan which has lengths and bearings.
• A resurvey of the track of land data are obtained:-
 The length of each side of parcel
 The angle of each corner
 The find and position of accessories at each corner

From t
data
 Calculated bearing of each side, referred  the corners are retraced
 The names of adjacent owner  the area is calculated

his
 a plate is drawn and
The plate is generally show  a new description is
written.
There are a lot of difficulties encountered in retracing
old boundary lines. Some of them are:

 Faulty original measurement

 Unknown point of beginning
 Indefinite meridian (zenith)
 Obliterated corner
 Inadequate description
 Enmity between adjacent property owner
 In ability to traverse along boundaries
 Error in transferring data from field book
 Types of Resurvey
Dependent resurvey:-is re-tracement and re-establishment of the
lines of the original survey in their true original positions according to
the best available evidence of the positions of the original corners.
•The recovery and restoration of the prior official survey
•Designed to restore the original conditions of the official survey
according to the record.
•Restoration is based up on:-
i.Identified original corners and other acceptable points of control, and
ii.Depend up on the restoration of lost corners by proportionate
measurement in harmony with the record of the original survey.
• An independent resurvey: an establishment of
new section lines, and often-new township lines,
independent of and without reference to the corners of the
original survey.
• Located on the ground according to the best available
evidence of their true original positions.
• Surveying carry out this by metes and bounds.
When property boundary survey needed?

When buying, selling, investing in all developing property

If a boundary location is un known or un clear
To stop violations /encroachments from adjoining owners
To establish easement and rights of way etc.
 The Role of Cadastral surveyor
• They have a professional responsibility to society and as a hole to
government
• Cadastral surveys are carried out by governmental officials and
private surveyors or by a combination of both.
• Special certification is required and this can be administered either
by the state or by a professional society
The role of land surveyor in the Government

• Define land parcel boundaries for the alienation of government land

to private owners and non-government bodies
• Define land boundaries allocated to various government departments
• Delineate of special areas such as country parks, Road and limits
• Determine the limits of land resumption and area of private land to
be resumed
• Setting out of land boundaries on ground for every new land grand
as stipulated in the terms and conditions of sale or grant
• Maintain a detailed land boundary record for all land parcels
• Reestablish boundaries of “old” lots on the request from private
land owners for redevelopment purposes.
The role of land surveyor in the private sector
• Land owner has
 Full responsibility to keep his land boundary marks protected and
 To protect his real property from illegal occupation or encroachment by adjoining
land owners or member of the general pubic.
• A professional land surveyor practicing in the private sector provides
the following land boundary services to land owners and developers.
 Re-establish of land boundaries of land properties
 Setting out of land boundary
 Define section boundary up on subdivision of land parcel.
• The surveyor is faced with many problems:
 Conflicting claims by adjoining property owners
 Faulty original measurements
 Missing monuments on the ground
 Incomplete data on plats and deeds.
In Addition to surveying techniques, land surveyors most also be knowledgeable:

In a though study of the laws relating to the subject

Considerable experience in particular locality
In registration of practitioners which is usually required by state law
In different methods of surveying used by previous surveyors, court interpretation of the land
problems and so on.
Settle the issue in a better position, if there is dispute on a common boundary between two
adjacent land owners.
The concepts of good measurements to find and describe what is found, and be able to
interpret its’ relationship to the record.
 Corners and Monuments
• Corner is:- A point established on the ground or
• A point established by a surveyor or
• A point established by an agreement between adjacent property owners.
• The term corner has two meanings
I. Corner refers to a fixed point on the ground by measurement along a line form another
established point by the intersection of established lines.
II. It refers to a physical object or marker, which serves as a more or less permanent
monument at a given point
• The “corners” of the public land surveys are those points that determine the
boundaries of the various subdivisions represented on the official plat.
 Monuments
• The terms “corner” and “monument” are not interchangeable.

• A corner designates a point established by a survey or by agreements between

adjacent property owners

• Monument indicates the object placed to mark the corner point on the surface of
the earth.

• Monuments of public land survey have included the deposit of some durable
memorial, a marked wooden stake or post, a marked stone, an iron post having
an inscribed cap, a marked tablet set in sold rock or in a concrete block, a marked
tree, a rock in place marked with a cross (X) at the exact corner point, and other
special types of markers, any of these is termed as “monument”.
 Types of Monuments

i. Natural

ii. Artificial

iii. Record

iv. Legal
 Types of Monuments
i. Natural monuments can be natural features such as rocks, trees, spring and so on.
 Natural monuments control over artificial monuments and record monuments.

ii. Artificial monument are artificial objects such as iron pipes driven on the ground, posts of concrete

or stone, mounds of stone, wooden stakes with some more permanent material such as charcoal or

glass.

iii. Record monuments exist because of a reference in deed or description.

 Example The phrase in a deed: “to the side line of the street” is a call for a record monument (the

street).
 It is not a practically monumental. So as exists because of a reference in the deed.

iv. A legal monument is controlling in the description. “To a concrete post” is a call to legal monument

“To Getachew’s property line” is a call to a legal record monument.

 Monument described by adjacent owners. It does not practically monumented. E.g. adjacent to Mr.

Negassie’s property line or in other case Solomon’s property line.

 Locating Survey marks.
 Establishing parallel azimuth.
 Calculating an azimuth derived from marks
Thank you!!
Any Question?