Land Planning
Land Planning
Land Planning
Proefschrift
door
Samenstelling promotiecommissie:
2004 by A. M. Tuladhar
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Later on, I began to supervise the MSc research projects of ITC students (from
many developing countries) relating to geo-information systems for cadastral
applications. During consulting activities in Asia, Africa and Latin America, I
also experienced many difficulties and challenges related to the institutional,
legal, financial and technical aspects of setting up cadastral information
systems. These problems and our students research outputs motivated me to go
further in researching the development of parcel-based geo-information
systems. The issues related to land tenure security and economic development
are complex and are deeply rooted in society. The use of modern Geo-ICT tools
in the developing countries further complicates the operations of cadastral
information systems, because of the lack of infrastructure and resources.
Prof.ir. R. Groot supported me in starting this research, and later on Prof.ir. P.
van der Molen encouraged me to complete this piece of research work.
Completing the study took longer than intended. But my regular duties as
director of studies, and such tasks as teaching, supervising students, consulting
activities, writing papers and giving presentations at various conferences,
contributed towards the success of this research. I hope the outcome will be
useful to the land administration communities around the developing world, as
well as to Nepal and Bhutan.
Thanks also go to all my colleagues at ITC and in the Department of Urban and
Regional Planning and Geo-Information Management (PGM) for their kind
support, and I want to express my sincere thanks to Prof.dr. W. van der Toorn
and Prof. dr. D. Webster for their kind supports.
iv
Dedications
v
vi
Table of contents
Table of contents
Preface..............................................................................................................i
Acknowledgement..........................................................................................iii
Dedications...................................................................................................... v
Table of Contents ..........................................................................................vii
List of Apppendices........................................................................................xi
List of Figures ...............................................................................................xii
List of Tables................................................................................................ xiv
viii
Table of contents
ix
Table of contents
References .........................................................................................203
Summary ...........................................................................................233
Samenvatting .....................................................................................239
x
Table of contents
List of Appendices
Appendix 1: Land Classification in Nepal .................................................. 223
Appendix 2: A Sample Registration Form (translated to the English
language) ................................................................................ 225
Appendix 3: A Sample Land Ownership Certificate (translated to the
English language) ................................................................... 226
Appendix 4: A Sample scanned Cadastral Map in Kathmandu, Nepal....... 227
Appendix 5: A Sample extracted Land Records (Sathram) in Bhutan........ 228
Appendix 6: A Sample Cadastral Map in Bhutan ....................................... 229
Appendix 7: Glossary for Nepalese and Bhutanese words.......................... 230
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Table of contents
List of Figures
Figure no. 1.1: Needs of Parcel-based Geo-information ..................................... 2
Figure no. 1.2: (a) Nepalese women harvesting in the fertile land,
(b) Urban suburb in the city of Thimphu ..................................... 3
Figure no. 1.3: Interrelationships of Cadastral Information .............................. 11
Figure no. 1.4: Research approach..................................................................... 13
Figure no. 4.1: Major phases and life cycle of system development ................. 87
Figure no. 4.2: OO life cycle ............................................................................. 89
Figure no. 4.3: OMGs model-driven architecture ............................................ 92
Figure no. 4.4: Components of PBGIS models ................................................. 94
Figure no. 4.5: Business process concept .......................................................... 96
Figure no. 4.6: Example of use case model ....................................................... 99
Figure no. 4.7: Example of activity diagram for registration of deeds ............ 101
Figure no. 4.8: Class diagram .......................................................................... 102
Figure no. 4.9: Sequence diagram for submitting deeds to registration office 104
Figure no. 4.10: Collaboration diagram for submitting deeds to registration
office ...................................................................................... 105
Figure no. 4.11: Sample class diagram of a mortgage system........................ 108
Figure no. 4.12: The rules in OCL................................................................... 108
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Table of contents
Figure no. 4.13: System models in a PBGIS and supporting UML diagrams . 109
Figure no. 4.14: Subsystems of PBGIS domain .............................................. 111
Figure no. 4.15: Components of cadastral surveying subsystem..................... 112
Figure no. 4.16: Components of land registry subsystem................................ 115
Figure no. 4.17: Components of valuation subsystem..................................... 117
Figure no. 4.18: Dissemination subsystem and its relationships ..................... 120
Figure no. 4.19: Basic entities of the cadastral data model ............................. 122
Figure no. 4.20: Categories of land object classes........................................... 123
Figure no. 4.21: Class hierarchy for land administrative objects .................... 125
Figure no. 4.22: Class and subclasses for land resource areas......................... 126
Figure no. 4.23: Static model for legal (real-estate) objects ............................ 128
Figure no. 4.24: Static model for topography.................................................. 131
Figure no. 4.25: Static model for person in Nepalese cadastre........................ 133
Figure no. 4.26: Static model for ownership, tenancy, mortgage and
restrictions............................................................................. 134
Figure no. 4.27: Use case model for subdivision process................................ 136
Figure no. 4.28: Use case model for dissemination subsystem ....................... 137
Figure no. 4.29: Activity model for editing topographic data ......................... 139
Figure no. 4.30: State diagram for a deed........................................................ 141
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Table of contents
Figure no. 5.17: Merging cadastral parcel data (in orange) and
colour composite of IKONOS images (MS bands) .............. 170
Figure no. 5.18: Perspective view: cadastral parcel data and topographic data
with IKONOS image (MS bands)......................................... 171
List of Tables
Table no. 3.1: Overview of efforts towards building PBGIS ............................ 66
Table no. 3.2: Assessing the external factors of DoLIA.................................... 81
Table no. 3.3: Assessing the internal factors of DoLIA .................................... 82
Table no. 6.1: Matrix for factors and activities................................................ 183
xiv
Research Background and Objectives
Chapter 1
1.1 Background
A principal concern of any country in the world today is to define and better
understand the interrelationships between population, environment, natural
resources and economic development for the purpose of realising what is
collectively known as sustainable development (WCED, 1987). Owing to
excessive population growth in many countries, there has been increasing
pressure on land and its resources for purposes of shelter, food, better living
conditions and an improved market economy (Platteau, 1996). This pressure
which includes increasing informal occupation of land (particularly in
developing countries) has led not only to uncertainty as regards ownership or
stewardship and the spatial boundaries of land parcels, but also to the excessive
1
Chapter 1
Appropriate use of
land Lower cost in land
transfer
Better environmental
control Positive effects on
Efficient use of land govt. budget
Efficient land market
resources
2
Research Background and Objectives
land ownership, with its associated spatial information, and then the need for a
system to support land administration and management from the environmental
and economic perspectives. One such system is the parcel-based geo-
information system (PBGIS), which maximises security of tenure, reduces
investment risks, and facilitates, and lowers the cost of, land transactions. It is a
basic requirement and infrastructure for modern economic development, just
like water, road or utility infrastructures (CityNet, 1995). At the same time, it is
essential to know how parcel information can contribute towards
environmentally sustainable development. It is also recognised that developing,
improving and managing a PBGIS offers an effective means of linking up with
other land-related applications, and this would facilitate the improvement of
shelter and land markets. It relates to such issues as property conveyancing
(including decisions on mortgages and investment); property assessment and
valuation; the development and management of utilities and services; the
management of land resources such as forestry, soils and agriculture; the
formation and implementation of land use policies; environmental impact
assessments; and finally the monitoring of all land-based activities in as far as
they affect the best use of land (see figure 1.2).
(a) (b)
Figure 1.2: (a) Nepalese women harvesting on the fertile land, (b) urban suburb
in the city of Thimphu
3
Chapter 1
This section is divided into two parts. The first part briefly addresses the
current situation concerning cadastre and land registration so far, and what has
been done within the research communities. The second part reviews some
recent information technology, in terms of spatial modelling, database design
and development, that could prove beneficial in accelerating the
implementation of cadastral and land registration programmes in the developing
countries.
A lot of articles have been written by many researchers (see reference list and
bibliography) about land information, cadastre/land registration, and related
subjects such as land valuation, land allocation, land consolidation and
taxation. Papers are presented at many congresses and seminars, for example,
the Joint European Conference and Exhibition on Geographical Information
(JEC) and those organised by the International Society for Photogrammetry and
Remote Sensing (ISPRS), the International Federation of Surveyors (FIG), and
the Urban and Regional Information Association (URISA). Much of this
4
Research Background and Objectives
Some important works over the last two decades in the field of cadastral
information are highlighted here. Henssen (1972, 1990, 1991, 1995 and 1996b)
argued the need for land management for sustainable development, and in much
of his literature he provided tools such as spatial planning, land tenure, land
registration, land acquisition and delivery, land valuation and taxation, and
dealt with the need for GIS/LIS and certain institutional aspects. He
emphasised the need for modern information technology, such as using
computers for the speedy delivery of reliable information at low cost. He
discussed many legal, land use and institutional issues, including data security
and protection, relating to the proper functioning of cadastral systems.
Implementing improvements of existing cadastral systems should always be
done on an incremental basis at low cost, with respect to the pace of
development in the countries concerned.
Larsson (1971) extensively reviewed the cadastral and land registration systems
in the developing countries, focusing especially on the situation in Asian and
East African countries. These reviews described how the systems were running
and the difficulties faced within organisations. Many systems were manual, and
information was unreliable owing to the lack of legal and institutional support.
Moreover, maintenance programmes were lacking in many cases. Many of them
also lacked the strategic vision to support the efficient supply of information
required by different levels of government, non-government agencies, and
private individuals.
5
Chapter 1
Platteau (1996) carried out an extensive and critical assessment of land rights
and their consequences, as applied to sub-Saharan Africa. There are many other
research reports and a body of literature has been produced by various
concerned agencies such as the NRC (1980, 1983), UNCED (1992) and
UNCHS Habitat (1990). They have set out the requirements and design criteria
for improving land registration and land information in developing countries.
Some interesting work from recent PhD studies related to land administration
can be cited: (a) Zevenbergens (2002) interesting study paid particular
attention to the efficient functioning of land registration systems, focusing on
the interrelationships between technical, legal and organisational aspects; (b)
Mulolwa (2002), in his dissertation, studied integrated land delivery towards
improving land administration and unifying customary and formal land rights,
and discussed organisational consequences in Zambia; and (c) van Dijk (2003)
dealt with Central European land fragmentation.
Some significant contributions can also be seen among published books: (a)
Land Information Management: An Introduction with Special Reference to
Cadastral Problems in the Third World Countries by Dale and McLaughlin
(1988); (b) Land Registration and Cadastral Systems: Tools for Land
Information and Management by Larsson (1991); (c) Land Law and
Registration by Simpson (1976); and (d) Land Administration by Dale and
McLaughlin (1999), which describes recent interesting advances in building
formal property systems throughout the world, and examines the land
administration infrastructure required to support such systems, with an
extended discussion on the associated information management challenges.
The Global Strategy for Shelter for the Year 2000 emphasised the need to
improve land management by creating an affordable land registration system,
with a view to stimulating a supply of sufficient land to meet shelter and other
development needs (UNCHS, 1990, 1991). More recently, the agenda of the
Global Campaign for Secure Tenure of the Habitat identified the provision of
secure tenure as essential to a sustainable shelter strategy, and as a vital element
in promoting housing rights. It promotes the rights and interests of the poor,
6
Research Background and Objectives
7
Chapter 1
Much literature of other disciplines, such as social studies, often states that land
registration in many developing countries can create less, not more, security of
tenure, and more, not less, conflict over the land rights (GTZ, 1998). This can
be seen from the following points. First, the registration process starts with the
adjudication phase, which recognises and records existing land rights according
to the land law. For some categories of people, this reduces risks and
transaction costs, but it has created additional uncertainty for others who
depend on customary practices and rules to protect their land security. Such a
situation is evident in Asia, Africa, Latin America, and many developing
countries. Nepal and Bhutan are no exception. Because of these different
practices, there are many lands that are not yet registered or are subject to
dispute. Secondly, in many situations, existing data gathering, processing and
storing methods are incomplete and inadequate, and do not comply with user
requirements. Furthermore, an intelligent approach to data maintenance
(changes in ownership and boundaries) is lacking. Consequently, the number of
land disputes has not decreased and the quality of cadastral information is
questionable as far as many groups of users are concerned.
The data gathering phase for cadastral information normally starts with (a) the
registration of ownership and other rights (via the adjudication process in the
first registration, or agreement in the case of conveyancing), which are
commonly referred to as administrative data; and (b) the survey of cadastral
parcel boundaries. For the first data category, an appropriate approach needs to
be developed for gathering data of adequate quality. This is the most critical
phase of the whole process for establishing and operationalising a reliable
system, and could be the starting point for problems concerning disputes and
misunderstandings regarding ownership, stewardship, laws, rules and
regulations, especially in areas where customary or informal laws prevail. This
also requires a comprehensive analysis of deed or title registration systems that
are being, or are about to be, adopted. In the second data category, although it is
a purely technological process, the concepts of general and fixed boundaries
should be clearly understood, defined and adopted in light of legal
requirements, land scarcity, rising land prices and the pace of development
(Henssen, 1995).
8
Research Background and Objectives
Title deeds with secured ownership and boundaries can be used as collateral at
financing agencies and give the landholders the incentive to invest in order to
utilise land better. They also ensure a smooth land transaction process, with
lower costs. Thus they contribute towards improving the market economy and
support the speedy issuance of location and building permits by municipalities.
These activities require institutionalisation with appropriate legal supports.
Often there are no clear mandates for organisations (national or local
government organisations) or departments within organisations. In addition, the
appropriate exchange mechanism for information flows between national,
provincial and municipal cadastres has yet to be devised in many countries.
9
Chapter 1
uniform spatial referencing system for the data in the system, which facilitates
the linking of data within the system with other land-related data.
The greatest problems in the existing rudimentary cadastre and land registration
in developing countries (especially in Nepal and Bhutan) are inadequate
techniques and methods in data acquisition, data storage, data maintenance,
data access and finally data dissemination to users. Although technological
impacts on these processes give us the opportunity to provide high-quality
services at a reasonably affordable cost, Nepal and Bhutan now face a great
challenge: How can this information be stored, managed, maintained and
accessed so that all levels of user (government, local government, NGOs and
private citizens) can use this information in a simple, secure, consistent and
cost-effective way?
For the purpose of this research the following problems are considered:
(b) Understanding land tenure systems, land laws and rules in Nepalese and
Bhutanese contexts are pertinent issues for clearly defining data and
functional requirements, and there are always semantic gaps between the
real-world users environment and the database environment, which the
system developer would have to take into account. In this problem we can
identify two areas of study. First, there are problems with respect to fully
understanding the laws and regulations, given the situation where there are
different types of land tenure in the countries concerned. Secondly, the
requirements have to be translated in order to model the environment.
10
Research Background and Objectives
and what, how and when certain business processes should be carried out.
These processes must obey land tenure systems, land laws, and land
registration rules and regulations.
Land
Parcel Identifier
Land value
Land use
(f) Then this research also provides organisational prototyping and quality
parameters pertaining to system models and data, which affords the
organisations in developing countries efficient use and a low-cost approach
11
Chapter 1
The main objectives of this research are to carry out the comprehensive
analysis and modelling of the dynamics of cadastral information, with an
emphasis on Nepal and Bhutan, and to develop system models and guidelines
for developing and implementing a reliable, effective and efficient PBGIS.
With this in mind, the following specific objectives of the research work can be
identified.
(b) To analyse land tenure and ownership structures as regards land and
buildings, existing cadastre/land registration systems, and rules and
regulations in Nepal and Bhutan in relation to land management and users
needs.
(e) To define critical success factors and provide guidelines for developing and
implementing PBGIS, with reference to Nepal and Bhutan.
12
Research Background and Objectives
L a n d ten u r e, la nd la w s,
ca da str e/la n d reg istra tion sy stem ,
ru les a n d reg u la tion s
R U
A na ly sis S
E
E
A R
L I nfo rm a tion S
req u irem en ts
E
S ta tic O r ga n isa tion a l N
W m o d ellin g m o d ellin g V
O I
D y n a m ic
R R
m o d ellin g O
L N
D S y stem requ ir em en t M
E
N
T
P a rcel-b a sed
info rm a tion sy stem
O rg a n isa tio na l
p ro toty p in g a n d q u a lity
a sp ects
(a) In order to follow the above research approach, a structured set of concepts
as a conceptual framework is formulated using literature studies on land
tenure, PBGIS concepts and the principle of reengineering.
(b) Studies on land policy, land tenure, land laws, cadastre/land registration
systems, as far as theoretical knowledge is concerned, would be required to
understand the ownership structures as regards land and buildings. The first
phase would then be a formal understanding of land rights, ownership and
stewardship, and their relationships with people (landholders). These issues
will be studied in the context of political, social, cultural and religious
settings. For this purpose, a number of publications concerning the land
13
Chapter 1
(c) Then, detailed studies on the situation in Nepal and Bhutan are made
through literature supported by field visits to these countries. The reasons
for choosing these two countries are supported by the differences in society
(cultural and religious, although within the same continent) and by the
complicated landholding systems and difficult topography. Various
workshops took place, as well as meetings and discussions with responsible
officials of these countries.
In order to analyse the data and the functional aspects of the existing
systems, the reverse engineering technique is applied as part of the system
analysis. Reverse engineering consists of developing an abstract model of
an existing business and its processes. This step also consists of gaining
understanding of the objectives. Object orientation is an excellent way of
clarifying the inner workings of organisations its processes, products and
services, resources and how these depend on one another. Various
conflicting problems with regard to institutional issues, land acts and other
related acts (e.g. spatial planning, environmental, agricultural, forestry and
municipality acts), and cooperation and coordination are also discussed.
Some relevant acts and policies from the above two countries are
researched and studied to identify these conflicting problems.
14
Research Background and Objectives
(f) Finally, based on the above studies and experiments, critical success factors
and guidelines are provided for developing and implementing a PBGIS.
15
Chapter 1
market. This is because of the rapid development programme and the wish to
implement land reform activities under this programme. To undertake such land
reform activities, it is extremely important to understand the existing land tenure.
There are two broad classes of land information in a cadastral system, namely the
geometrical part concerning locations in space and sizes of parcel, and the
administrative part concerning rights, class and economic value of land, name of
owner(s), address, etc. To model them properly requires an understanding of their
behaviour in space with respect to socio-economic and cultural environments.
There are several ways of modelling, such as entity relationship and object-
oriented modelling. Here the question is: How can spatial objects and behaviours
be modelled to respond to the changing interests of land measures? This requires
an investigation into models that test them in an application environment.
This thesis is organised into seven chapters, and a description of each chapter is
provided below.
16
Research Background and Objectives
chapter, a brief summary and concluding remarks about the outcomes are
presented.
17
Chapter 1
18
Conceptual Framework
Chapter 2
Conceptual Framework
2.0 Introduction
System
Parcel-based geo- modelling Object technology
information system
Principle of re-
engineering and
cadastral domain Prototyping and
guidelines
19
Chapter 2
In this chapter, section 2.1 deals with a theoretical discussion on land tenure
systems, with concepts and forms, and the changing characteristics in
developing countries. Section 2.2 then describes the concept of PBGIS, with its
components and the characteristics of the data contents. Section 2.3 describes
the concepts behind the reengineering principle and the cadastral domain
model. The other four elements are discussed in the subsequent chapters.
From the early days of history, man has always had a relationship with land in
one form or another. For some, land was considered as wealth or as a source of
Aborigines, the land and the Aborigines were one and the same (Hill, 1995).
From a legal point of view, land may be considered as any portion of the earths
surface over which land rights or stewardships could be exercised. These rights
relate not only to the surface of the earth but also to every terrain object
attached to it, above or below. Other issues relate, for example, to space,
nature, the production factor, consumption good, situation, property capital,
cultural heritage.
The term tenure implies that land can be held and used for economic and
environmental benefits, and hence a relationship between an individual or a
social group and a unit of land through a bundle of land rights is the most
important part of land tenure and its administration. Land tenure can also be
defined as the institutionalised relationship of people involved in the use of
land and the distribution of its products (Luning, 1995).
Land tenure has several implications in our present-day society throughout the
world. In all countries, the lack of well-organised tenure touches deep emotions
and has been a main concern of every organised society, associating socio-
economic with cultural structures (Henssen, 1996a, 1996b). Moreover, it can
20
Conceptual Framework
also be argued that insecure land tenure can prevent a large proportion of the
population from realising the economic and non-economic benefits, such as
greater investment incentive, transferability of land, improved credit market
access, more sustainable management of the land resource, and independence
of bureaucrats. Therefore, in a market-driven economy, when people own land
they should have security of tenure. This means they can use ownership
security as a form of collateral, and take out mortgages to raise loans for
investment purposes, which can be economically stimulating.
Figure 2.2 indicates two main categories of land tenure concepts, which owing
to various economic and environmental pressure have led to the four basic
property rights systems in this modern world:
- private property
- state property
- common property
- open access, i.e. systems with unrestricted (open) access to resources
(GTZ, 1998)
Anglo-
American Private
Western
French/
German State
Land Tenure Systems
- Man-to-man relationships Socialist
- Man-to-land relationships Common
- Land-to-land relationships
Ethnic groups
Traditional Religious
The first category of land tenure is very much influenced by the western law
system. This system is derived mainly from either the Roman/German law
adopted by France and Germany, or the common laws of Britain. In countries
such as China, Russia, Romania, Bulgaria, Poland, Ethiopia, Tanzania and the
former East Germany, tenure systems have been influenced by socialistic
21
Chapter 2
ideology (Henssen, 1996a). But the political changes and economic needs
experienced by these countries have made the tenure system a central issue in
the step towards a market economy. For example, the land tenure system in
China combines private use rights with public ownership in order to provide
economic incentives for farmer households without full land ownership and
alienable rights. Under this arrangement, collectives and households share land
rights. Collectives maintain formal ownership of farmlands and the collective
body allocates land use rights to member households. The households rights
consist of rights to produce and dispose of crops although rights vary
according to the type of plot. There are five categories of land tenure (Lohmar
and Somwaru , 2002): responsibility land, allocated to households in return for
delivery of grain to state grain bureaus; ration land, allocated on a per capita
basis to provide the household with food grain security; private land, allocated
in small parcels for vegetables and other non-grain crops; contract land,
contracted from a village land pool for expanding holdings; and other land,
reclaimed wasteland allocated to households that participate in the reclamation
effort. The current tendency in Chinese policies is to establish a land market
based on private land ownership.
In Russia, state property was the predominant form of land tenure until the
beginning of the 20th century. Following the 1917 revolution, private
ownership was abolished, civil transactions involving land were forbidden, and
land was assigned for the use of all who worked on it. However, by 1929 large-
scale collectivisation was under way, resulting in the creation of so-called
cooperative collective property. Under socialism, the buying and selling of land
was never allowed (Limonov, 2002; Rolfes, 1996). In 1990, private ownership
was introduced, permitting citizens to hold smallholdings for horticultural
purposes, for constructing houses and for other personal uses, and the sale of
land was also permitted.
Similarly, since the early 1990s there have been continuous efforts in the
Central and Eastern European countries (CEEC) to change from a centrally
planned economy to a market economy. This process has involved shifting
ownership of land from the state and collectives to private persons.
In the second category fall the systems that are strongly influenced by
customary or traditional laws. These have been established on the basis of (a)
laws of ethics from the Afro-Asian countries, and (b) religious (Hindu, Islamic
and Jewish) beliefs that established strong laws relating to the use of land
(Larsson, 1971, 1991).
22
Conceptual Framework
Management of these tenure systems has always been in the hands of central
and local government organisations, in order to provide effective and efficient
use of the finite and non-renewable resource that is land. The need for a sound
land administration system, with appropriate PBGIS and coordination between
various organisations at different levels of the hierarchical structure, is seen as
critical for both the people and governments in order to ensure good security of
tenure, fast and reliable land transactions, and support for various sectorial
services by raising revenue from an equitable property tax structure; in order to
maximise agricultural and mineral production to realise economic benefits; and
in order to promote a more secure political system.
Non-formal (de facto) tenure: This is the occupation and use of land without
the permission of the real owner. It is sometimes known as informal
settlement or squatting. It is prominent in and around major cities in many
developing countries. Land law does not officially recognise such tenure, but
under certain circumstances and conditions the tenure can be converted and
become formal under the guiding principles of legislative and spatial planning
frameworks. Such cases can be found in Peru (de Soto, 1990, 1994).
Private freehold and leasehold: Private freehold is the most familiar bundle of
rights in land tenure. A private individual or corporation owns the land outright,
and market forces dictate land use and disposition. There are exceptions in
instances where the state reserves land for public use or control according to its
land policies.
In private leasehold, a private owner (known as the lessor) leases (gives legal
rights) land to a private individual or firm (known as the lessee) for a fixed
term, possibly with restrictions on certain uses or activities on the land. It
includes the so-called rental market value and can be applied to all categories of
property, such as residential, commercial and industrial properties.
23
Chapter 2
Public freehold and leasehold: Public freehold exists when the state or a
government agency is the full owner of the land. It is normally applied to land
for public use, such as parks, roadways, and sites for public building. When a
public agency owns land and decides to lease it to a private firm or private
individual for a specified period of time, this type of right so created is known
as public leasehold. In rare cases, a public agency may also lease from a private
firm or individual.
As we can now see, there are many forms of land tenure, but land tenure can
never be considered as an independent variable. It is always part of the
legislative and development policy framework and is always implemented
following the land administration guidelines of any particular country. Land
administration always includes the guiding principles and land management
that regulate land rights and the uses of land.
In order to explain the characteristics and roles of land tenure systems, land
tenures are termed statutory or customary for purposes of this research.
This facilitates descriptions of how these systems play roles in supporting
socio-economic development and environmental management.
24
Conceptual Framework
This system can be described as the right to, and the use of, the land supported
by law (case law or statute law), which is brief, clear, easily accessible,
knowable and in written form. In many countries, the historical source of law is
custom, and thus the written law replaces custom. In developed countries, the
written law came about as a result of the Napoleonic code based on the
concepts of liberty, equality and fraternity (Platteau, 1996). In many developing
countries, the written law was influenced by colonial administrations. Statutory
land tenure is thus characterised by private freehold, private leasehold, public
freehold and public leasehold, as described in section 2.1.
Statutory land tenure implies that written law guides all rights and use of land.
In this respect, land registration and cadastre are vital instruments whereby real
rights and associated spatial structures of land tenure are recorded. It should be
understood that the registration of land does not imply changing the land tenure
system. For example, registering land held under customary tenure does not
necessarily mean changing the tenure system.
Assuming that the statutory land tenure system operates in a free market
economy, its roles can be beneficial both to individuals and to the state. To an
individual, it can provide legal security, enhancing the possibility of securing
loans, and it acts as an incentive to land investment because of the documented
evidence of ownership. Disputes usually decrease owing to increased legal
security, and dealings in land become easier, faster and safer, improving
accessibility to land. Government too can get benefits, such as less land
speculation and the provision for land and property tax for development and
infrastructure. Nevertheless, it is sometimes believed in the developing
countries that the existence of statutory land tenure might lead to the abolition
of custom and cultural practices.
The characteristic of customary land tenure is that at the earliest beginnings all
societies regarded land as belonging to the social group, whether it was a tribe,
village, lineage or family. As a famous chief described it: I conceive that land
belongs to a vast family of whom many are dead, a few are living and countless
hosts are still unborn (Ollennu and Woodman, 1985). Customary laws are
often based on the experience of the tribe elders, and are aimed at defending the
interests of the tribe.
The advantages of this system are four-fold. First, the community itself controls
and keeps alive the sense of responsibility to society and to land as the common
25
Chapter 2
Traditionally, the customary system does not maintain the history and dealings
regarding ownership of any piece of land within a clan. Thus, uncertainty over
proprietary rights to any single piece of land leads to insecurity of tenure and
conflicts concerning ownership or boundaries.
Some countries, such as Kenya and Malawi, have started recording and
registering customary rights. This concept suggests that the registration of land
can only be done on the basis of social groups headed by chiefs. Each member
of the social group who has been allocated a piece of land for a certain purpose
is identified and recorded as the owner by virtue of his birth. In Kenya and
Malawi, this is implemented without altering the fact of community land
control by registering the land in ownership of a customary group. The transfer
of land is possible through the chief who approves it, and a legal form is given
to the transferor. Similarly, in Zambia the local chief, the local planner and the
registrar are the main actors involved during the initial registration and
transaction relating to customary land. It is important that the indigenous
methodology be developed for such registration of customary rights. Several
low-cost approaches have been developed and can be tailored to existing
conditions.
In many developing countries, the western laws of land tenure were introduced
by colonial administrations. For example, the former British colonies in the
Caribbean still operate on the basis of English common law. Socialist tenure
systems in particular were introduced in those developing countries (such as
Tanzania and Cuba) governed by socialist revolutionary ideas,.
In either case, the western system may have existed alongside a traditional
tenure system, leading to a dual tenure system. Examples of dual land tenure
systems exist in African countries that were formerly British colonies (South
Africa, Zimbabwe, Zambia, etc.), where there was, or still is, Crown land or
state land governed by English laws, as well as territorial reserves governed by
ancient tribal customs. The customs are usually unwritten and ill-defined, and
vary greatly from one tribe to another. English law applied to colonial
settlements, ports, mines, etc., and tribal custom was applied to about 85% of
the total area of such colonies (Podedworny, 1971).
26
Conceptual Framework
Most of the European laws were influenced by the Roman law adopted from
the Napoleonic code, which stated that a landholder had the right of absolutely
free enjoyment and disposal of object (land), provided that the rights are not in
any way contrary to the laws or regulation. In Francophone Africa, tribal
concepts were sometimes modified by this code.
The French concept gives more power of control over land than does English
law. Under English feudal law, all land was owned by the monarch, who
granted estates1 in land. The largest estate, i.e. the largest bundle of rights, was
an estate in fee simple2. The Crown (monarch) determined which rights over
land were included in the fee simple and which rights were served to the
Crown. Once the Crown had decided the rights to be held and people began to
hold land under those rules, the Crown could no longer step in and do what it
wanted. However, the Crown, on behalf of government, could always take back
rights in land by expropriation for the public use.
Customary land tenure exists in most parts of Africa and Asia. It is the basis of
holding and using land, giving a high measure of security to peoples with
groups, clans, stools and tribes. Many research findings conclude that it does
not readily allow changes in the customary living and working standards. It is
believed that it becomes an impediment to the adjustment of tribal communities
to the socio-economic advancement of the society as a whole. Some researchers
still believe that this may not necessarily be true and attribute such thinking to
little experience in the customary areas.
1
An estate is a bundle of rights over the land.
2
Being the holder in fee simple meant having the right to exclusive use and possession of the land in
perpetuity and the right to dispose of the land by sale, gift or will. It also meant having the right to further
divide the rights in land and dispose of them separately.
27
Chapter 2
In the Middle East and some parts of Africa and Asia influenced by Islam, land
rights are defined by the concepts codified in the Ottoman Land Law of 1858.
According to this law, the bundle of rights is categorised into Mulk (private),
Miri (state), Musha (tribal and collective) and Waqf (charitable and religious).
It is often argued that land has dramatic impacts originating from political,
economic and environmental aspects. These three aspects often conflict with
one another, leading to various problems in communities and nations.
Political impacts: In most cases, the countries that moved to a socialistic form
of administration amended the existing land laws to suit a particular need at a
particular point in time in the countrys political and economic metamorphosis.
Tanzania is an example where, in early the 1970s, following the ujamaa (a type
of socialism) reform, such an amendment took place. On the other hand,
countries of the former communist bloc are changing from social property
models to individual rights and private property, and consequently creating an
open land market. In Hungary, for example, until the late 1980s there was only
common and state land, but since the political changes of 1989 private
ownership has become dominant.
Economic impacts: From the point of view of economics, land has a value that
is capable of generating income. It is an immovable good that can be
exchanged, rented, mortgaged, exploited and developed on the basis of the
bundle of rights.
28
Conceptual Framework
spiralled out of control; informal settlement is the most common result of this
expansion. In most cases, squatters settle on public land at the edge of the
cities, with no existing infrastructure, and they occupy the land de facto.
Informal institutions are independent of the public authorities. They play a very
significant role in the reconciliation of the disputing parties by acting as
mediators (GTZ, 1998). These mediators, who can solve many land disputes,
are either senior or distinguished members of a community, so the community
respects their decisions. Moreover, mediators can be seen as one of us the
ones who are well aware of the needs, structures and generally accepted rules
of the community so they can relieve tensions. If the mediation does not
succeed, the case can always be taken to court. In some villages in Nepal, for
example, respected men are called in to mediate between conflicting groups.
Sometimes, they even perform Dharma, a religious oath, to produce the truth.
29
Chapter 2
Property rights are one mechanism to control the use of natural resources, and
experience shows that open access to land leads to its overuse. A sound land
tenure system and its registration would stimulate the environmental protection
of the land, since this would be in the owners interest.
In many developing countries, there is major concern about the issues of land or
property rights for rural women and their families, as well as poor or
underprivileged classes of people (Agarwal, 1996). The study indicates that
traditional arrangements need to be changed and resolved at the family,
community and national levels (Komjathy and Nichols, 2001). According to
this publication, the factors that are applying pressure for change are (a)
changing socio-economic conditions, such as increased population, new types
of employment and growing cash economies; (b) urban and peri-urban
migration, with the incorporation and/or replacement of traditional tribal and
religious institutions by national and local government; (c) divorce and changes
in inheritance patterns; and (d) the resulting role of women as sole household
provider.
30
Conceptual Framework
(a) Land for agricultural purposes: There are several types of land rights for
agricultural purposes in the countries where there are no customary forms
of land tenure. These are similar to those described in section 2.1.2, but are
more specifically described as rights of ownership (similar to freeholds),
leasehold rights, tenancy rights, and rights of usufruct. In many southern
parts of Nepal, especially in the Tarai region where there are many large
tracts of agricultural land, the tenants usually carry out the entire farm
management with the agreement of the landlord (tenant relationships). In
such a situation, even though they both earn a living from the same land,
the landlord lacks incentives to invest in his land, while the tenant lacks
both the incentive and the resource to invest. Similarly, sharecroppers have
little or no incentive to improve and/or invest in the land. Even in these
districts, which have fixed rents, there is little that a tenant can achieve.
The level of rent is still high, and the tenant lacks access to credit and other
inputs.
The mode of payment and the length of the tenancy usually influence the
way in which the tenant maintains or improves the land. Short tenancies
and high rents do not give tenants the incentive to adopt conservation
measures. As a result, rights of tenancy in agricultural areas can lead to
deterioration of the land.
(b) Land for settlement and other purposes: Land is needed for settlement,
infrastructure (e.g. roads, utilities), industry, water, and other natural
resources.
(c) Land for religious purposes: In many developing countries, some lands are
often dedicated to religious purposes by virtue of performing social
customs toward God. For example in Nepal, Bhutan, and many parts of
31
Chapter 2
India there are tracts of land dedicated to Hindu and Buddhist temples.
These lands can, however, be used for agricultural purposes. They are
considered public lands, but no one has the right to construct private houses
or buildings. Religious social groups exclusively enjoy the uses and
economic profits of such land (Guthi land) for purposes of the community
(Regmi, 1978).
In some Islamic countries in the Middle East and Africa, a type of religious
land is Waqf. The term waqf comes from the phrase mawful lilah, which
means stopped for God. The status and use of such land cannot be
changed. Some research sees this as an impediment, especially to urban
development or to major public projects such as highways and expansion,
but it fulfils social functions within communities by providing for libraries,
schools, and sometimes housing for poor Islamic families.
Christian cemeteries and land reserved for churches are often consecrated,
preventing any type of activity other than religious.
Institutional Options
Land banking is the second option, and the goal is to regulate the land market.
It involves the acquisition or reservation of land by the state in order to provide
sufficient land in the future for specific target groups and specific public
purposes, as well as to guide land use. In agricultural areas, the target group is
usually the small landholders, and an example of specific purposes is
infrastructure development (roads, irrigation channels, etc.).
A land ceiling is the third option and it has the effect of regulating the quantity
of land that may be held by one owner. There may be a minimum ceiling,
preventing farms from being too small to be economic and avoiding over-
cultivation. There is also a maximum ceiling, restricting the total quantity of
land to be held by one landowner. The maximum size depends on the particular
farming system practised. Land in excess of the maximum limit can
32
Conceptual Framework
The PBGIS is an offshoot of the land information system. Figure 2.3 shows the
taxonomy of information system growth leading to the origin and development
of PBGIS. In this system, the most basic entities are the parcel units, land rights
and persons.
33
Chapter 2
Hence a land parcel can be defined as being for land use, ecological or
cadastral purposes, and as a continuous area of land within which unique and
homogenous interests are recognised (Henssen, 1995). Thus a PBGIS can be
defined as a kind of land information system whose basic spatial unit is the land
parcel and in which land-related information is collected, stored, referenced,
processed and retrieved basically at the parcel level.
Alienation
Utilisation
Figure 2.4: PBGIS and land administration (modified from Dale and
McLaughlin, 1999)
The successful PBGIS should provide support for tenure security on land in
formal and non-informal environments by supplying current and reliable
information at the lowest possible cost. This facilitates mortgage-based
investment financing for all, affords security to investors, and allows real estate
to be traded in the market place.
The PBGIS enables the government to levy equitable taxes for the overall
development of the country. For all the above activities, it is clear that the
unique identification of land parcels, land rights (ownership, responsibilities
34
Conceptual Framework
Two categories of data set are generally stored in a PBGIS. The first category is
basic cadastral data, which is directly connected with land ownership. The
second category is supporting data, such as geodetic reference points,
administrative boundaries and topography, which assure basic cadastral data
(legal cadastral objects) of accurate referencing in relation to physical objects
(especially topographical objects) and to the earth, as well as allowing
integration with other types of spatial data.
There are three main cadastral data types (Dale and McLaughlin, 1988):
Cadastral land parcel: A cadastral land parcel serves as a basic unit for a
PBGIS. It is sometimes termed a lot or a plot. It is an area or, more strictly
speaking, a volume of space recognised for land administration purposes. As a
35
Chapter 2
3D division of earth, the parcel objects include superjacent and subjacent rights
in addition to the surface rights. But in this research, only 2D land parcel
objects are considered. In the broad sense, land parcels represent the locations
of legally defined boundaries (e.g. district, village/municipality, informal or
customary areas, subdivisions and lots, and individually owned parcel
boundaries).
FIG Cadastre 2014 provides a concept that takes different tenure and use into
account by delineating various object layers and structuring them in a layer
structure similar to the GIS structure (Kaufmann and Steudler, 1998).
Delimiting public land requires a proper identification procedure involving all
parties concerned. Changes in natural features and administrative boundaries
would have to be continuously monitored in the terrain.
Parcel identifier: The objects with unique identifiers serve to link the cadastral
records with many other records or information systems. In other words, they
facilitate data sharing among different users of the information system. Even
with a traditional system, it is necessary to have a parcel indicator or a unique
parcel reference that identifies the parcel and allows cross-referencing within
the register and other filing systems. Three important forms of identifier can be
distinguished: name-related identifiers, abstract or alphanumeric identifiers,
and location identifiers. The choice may depend on their uses. Dale and
McLaughlin (1988) describe the various methods of referencing systems, such
as (a) grantor/grantee index giving the names of the vendor and the purchaser;
(b) title or certificate number allocated in sequential order; (c) volume and folio
comprising the volume of the register and the page where the parcel details are
given; (d) subdivision name and plot number, introducing some sense of spatial
identity; (e) block and plot numbers, similar to the above but with blocks
chosen for the convenience of registration and not necessarily coinciding with
36
Conceptual Framework
In a spatial context, the land parcel object possesses four major components (Al
Taha and Barrera, 1994). The first is object identity, with a set of properties
distinguishing and characterising the feature. Second comes spatial property,
representing its geometry, topology and geographical location. The third
component is the non-spatial properties, such as use, and the last component is
the relationship to other spatial objects, such as the relationship of individual
parcel objects to the higher objects of blocks or communities or cities or
villages.
In the context of the broader objective of the PBGIS, it is important to relate the
following data in the system in addition to the basic cadastral data, as the users
(municipalities, utilities, etc.) always expect topographical objects together
with cadastral parcels for their multipurpose uses. These additional data as
references provide quick and easy access to the area. In many situations,
physical objects (e.g. walls, hedges, fences, ditches, forest boundaries, canals,
riverbeds) are the evidence of legal boundaries. They protect against illegal or
unknown boundary encroachments that create many boundary disputes. The
Department of Survey in Nepal is responsible for surveying these objects and
showing them in the cadastral maps; similarly the Survey of Bhutan is the body
responsible for these objects in Bhutan.
National geodetic control points: These control points are essentially used for
geo-referencing all kinds of spatial data in a uniform reference system. The
global positioning system (GPS) is now seen as the most cost-effective means
of establishing a national geodetic reference system, compared with the
traditional approaches of triangulation, trilateration or traversing methods.
37
Chapter 2
Information from a PBGIS can be used for juridical, fiscal and many other
purposes (McLaughlin, 1975; McLaughlin and Palmer, 1996). The juridical
aspect mainly concerns property rights and the mechanisms for land
transaction, and specifies the boundaries of homogeneous spatial units. It also
describes the restrictions and claims on the property. The fiscal part deals
mainly with the valuation and taxation of property, usually through mass
valuation.
38
Conceptual Framework
The juridical, fiscal and multi-use functions of the PBGIS can be realised by
establishing and linking various databases through the functionalities of geo-
information system (GIS) and database management system (DBMS)
operations.
In the operational sense, the PBGIS contributes to land administration along the
following lines (UN-ECE, 1996):
- Facilitation of land reform: Because PBGIS can show the current legal
status of every individual land parcel, it can therefore be used for land
reallocation, land redistribution and consolidation.
39
Chapter 2
The organisational functions, the applications and the data content usually drive
the type of hardware and software needs in all information system development
projects. The organisational functions normally determine the system
configuration, ranging from a simple system to an advanced and networked
system environment. The database content defines the size, source and update
volumes of the data storage components. The applications define the software
capabilities that are needed and it is the software that defines which types and
mixture of hardware components must be installed, including network
infrastructure.
Currently, the software capabilities are numerous, ranging from simple GIS
functions to most advanced functions, including Web GIS in a client/server
environment. There are now many advanced database management system
software packages available in which spatial and non-spatial data are easily
integrated, and they allow the easy exchange of data between systems with
adequate levels of interoperability.
Once the data, processing and software needs have been determined, defining
what hardware components are needed is a fairly uncomplicated task. By
looking at the input and output needs of the applications for each user, the
specific hardware requirements can be identified. Personal computers, servers,
workstations, plotters, digitisers, printers and scanners are some examples that
are easily available on the market.
40
Conceptual Framework
2.2.1.4 People
The human resources needed to develop, implement and support the operations
of a PBGIS are a critical component of the organisation, and eventually become
the largest ongoing cost of the system. Success largely depends on an adequate
number of dedicated and trained staff members. Careful selection, assignment,
and management of the people responsible for the system are important
activities in the development or improvement of the system in the organisation.
The mixture and number of staff required are dependent on the roles and
responsibilities they have to perform, and on the size and complexity of the
system and the stage of the project. Nevertheless, they can be categorised as
committee members, project leaders or managers, domain experts, information
analysts, GIS specialists, database administrators, system administrators,
network managers, land surveyors, photogrammetrists (also handling remote
sensing), planners, digitisers, cartographers, operators, among others.
- Currency: The users of PBGIS must have information about the currency
of the data supplied before they use it in their applications. This means that
information should be shown on how recently the data were collected. The
data must be accessible in an up-to-date form within a time frame that
meets the needs of the user.
- Precision: This measures the fitness of the scale used to describe the data.
The data must therefore provide measurement information to the standard
required.
- Accuracy: This measures how often, how much and how predictable the
data will be. There must be little or no error in the information extracted
from the data. For example, spatial data of cadastral boundaries from the
cadastral surveys are usually documented in a field sketch prepared in
41
Chapter 2
- Reliability: The user should be informed about the reliability of the data
supplied to them. In boundary disputes, the users should be informed that
the adjusted data are less reliable than the original measurements noted in
the field sketches.
- Verifiability: Different users should be able to get the same answer to the
same question.
The optimal quality that requires the minimum level of quality should be
maintained in a PBGIS for the users satisfaction. In a database environment,
additional parameters that reflect quality are the structure of the data model,
data acquisition methods, and the assigning of objects to, or storing of objects
in, the correct classes (Tuladhar, 1996; Molenaar, 1998). More detailed
discussion on quality review from the management perspective is given in
Chapter 5.
42
Conceptual Framework
In this definition, the word fundamental means that during the reengineering
of existing systems, we must ask basic questions about organisations and how
they operate: Why do we do what we do? And why do we do it the way that we
do? Analysing answers to these questions usually forces us to look at the tacit
rules and assumptions that underlie the way we conduct the business. Often,
these rules turn out to be obsolete, erroneous or inappropriate. In cadastre and
land registration, it means that it is not just the adjudication, surveying and
registration of land parcels; we have to ask ourselves if these processes are
adequate to serve such purposes as handling customary rights and land rights on
informal settlement for tenure security, for stimulating land markets, and for
planning (Tuladhar, 2003).
The words radical redesign mean getting to the root of things: not making
superficial changes or fiddling with what is already in place, but throwing away
the old. Old systems may have to be redesigned completely to suit the new
requirements, as explained above. A few improvements to the systems may not
serve our purposes. For example, in customary or informal settlement areas,
land parcel units can be spatial units referring to the groups of citizens or tribes,
etc. This is a radically different registration perspective from that of
individually owned parcels in the registration of deeds or titles. In Nepal,
registration is based on the system of simplified deed registration. This system
was designed for taxation purposes. Todays requirements within modern
Nepalese society demand more security of tenure and easy access to land by
stimulating the land market. The present system may have to be radically
changed to suit the new requirements.
43
Chapter 2
Lastly, but most importantly comes process, which gives most organisational
managers the greatest difficulty. A process may be defined as a collection of
activities that takes one or more kinds of input and creates an output that is of
value to the customer (Hammer and Champy, 1993). This means that
reengineering should focus on process not function and should use information
technology for restructuring what was done and how it was done. The goal of
reengineering should be to create a new way of doing things, where
employees/workers are problem solvers and truly routine activities are
automated. Such processes must be kept simple and low-cost to achieve quality
and flexibility. The simplicity has enormous consequences for how processes
are designed and how organisations are shaped.
44
Conceptual Framework
Work is performed where it makes the most sense. This is most critical to
cadastre and land registration systems. The processes are decentralised to the
lowest possible units where customers are directly connected so that they do
not need to travel to the head office in the capital city. In many developing
countries, citizens have to travel long distances for registration, and this
involves high costs. Because they cannot afford such time and costs, they do
not even register their lands.
These characteristics suggest that many of the cadastre and land registration
organisations would need major changes in the way they conduct their business,
particularly in the developing countries.
45
Chapter 2
Figure 2.5 shows the approach for developing cadastral domain models for a
PBGIS. New requirements originating as a result of land policy, changes in
legislation and users needs are the main inputs to domain models, while
strategic planning provides strategic objectives and action plans to new domain.
Existing domain
Existing systems
models
New requirements
Legislation
Strategic planning
Users
Figure 2.5: Approach for developing cadastral domain model (Tuladhar, 2003)
It is argued that the true domain may be larger than the apparent domain
represented by the design. Therefore, it is important that, as time goes by, an
initially designed system is extended according to future users requirements.
This is particularly important initially, to limit the scope of the PBGIS domain
to the extent that the national cadastral and mapping organisations are able to
implement their mandates.
46
Conceptual Framework
New domain
models
The work of engineering a new system implies creating one or more new
processes, designing them, developing a supporting information system, and
prototyping them. The weight of the entire reengineering work rests on this
47
Chapter 2
Land tenure systems exist in diverse forms. In many developing countries, there
are hybrid systems (a mixture of statutory and customary tenure systems) that
are tailored to suit the requirements of the particular countrys socio-economic
needs, religious views and customs. The land tenure for both urban and rural
environments requires the development of a land policy that would guide the
needs of citizens, while protecting and conserving the finite land resources.
Such policies are effected via legislation, institutional structures (both formal
and informal using a land mediator), and proper land administration using land
information and communication systems.
48
Systems of Land Registration and Cadastre in Nepal and Bhutan
Chapter 3
Systems of Cadastre and Land Registration
in Nepal and Bhutan
3.0 Introduction
The purpose of this chapter is to identify emerging issues and challenges in the
current systems of cadastre and land registration in the context of land tenure
and its administration in Nepal and Bhutan.
The chapter consists of three sections. Section 3.1 concentrates on the evolving
nature of cadastre and land registration in Nepal, while section 3.2 discusses the
situation in Bhutan. The last section, section 3.3, covers emerging issues and
challenges that these countries are facing, and argues that there is a need to
reengineer land administration.
49
Chapter 3
Geographical Location
Nepal is a landlocked country situated between China in the north and India in
the south, east and west. It is bounded approximately by longitude 80 04 to
88 12 E and latitude 26 22 to 30 27 N. The surface area is about
147,181 sq km. Topographical elevations range from as low as 100 m amsl to
Mount Everest (8848 m amsl), the highest peak in the world, which lies in the
northern part of the country (CBS, 2001).
The preliminary result of the 2001 census indicates that the total population of
Nepal in 2001 was 23.6 million, and so only 25% of the total population holds
land. Many of these people have difficulty in defending their rights, especially
the rural poor and women. The female population accounts for 50% of the total
population, and urban areas have 9.2% of the total population. Ecologically,
Nepal can be categorised into three regions: mountain, hill and Tarai. More than
80% of the total labour force of the country is absorbed by the agricultural
sector. Only 18% of the total land has been brought into operation for
agriculture and 53% of these areas are mostly in the Tarai regions (CBS, 2001).
50
Systems of Land Registration and Cadastre in Nepal and Bhutan
The land reform programme that was initiated in 1964 brought some
simplification into the landholding system only in terms of Raikar (individual)
and Guthi (trust) lands, breaking down the traditional land tenure system
(Tuladhar, 1998). (This evolving nature of land rights is described in section
3.1.2.) But the simplified tenure rights, with constant struggles in the
relationships between landowners and tenants, had no influence on securing
land rights and therefore no far-reaching impact on capital formation in the
agricultural sector. Despite the high-sounding objectives and policies, neither
the landowner nor the tenant had any incentive to invest in improving land
productivity. Tenants could not be evicted according to law, thus reducing
landowner incentives. And the tenants did not have the ownership incentive to
invest in the land. Also many of these land users/tenants were unable to gain
adequate access to credit. Consequently, land reform did not adequately change
the ownership incentive needed to improve agricultural outputs. Nor did the
programme address issues of land taxation, which favours the rich and large
landowners, who pay only nominal land tax.
The Land Resources Project Report clearly stated that land tenure was a major
factor to be considered in the assessment of land utilisation. Land users or
farmers would take the best care of land that they owned themselves, and would
consider long-term investment to improve the productivity of such land
(Carson, Nield, Amataya and Hildreth, 1986). On the other hand, if they have
the rights of annual cropping via a landowner, they are uncertain of any rights
as to reaping future benefits from any extra work they might do.
Land tenure can be defined as an arrangement of land holding, i.e. how land is
held and used by individuals or institutions for economic opportunities
(Henssen, 1995). Such arrangements are normally embedded in the ownership
structures in the form of bundles of specific rights associated with the land, such
that certain rights can be allocated for appropriate uses. Within the Nepalese
context, however, the land tenure or ownership arrangement has evolved in
many different forms, and the complexity arises from a lack of management
capacity to implement such changes. Hence, traditional or customary land
tenure in Nepal is often used in the remote areas. Let us now look at the land
tenure forms of the past and present systems.
51
Chapter 3
Historically, state ownership has been the traditional form of land tenure in
Nepal. The extensive use of the land by individuals acting in a private capacity
and the emergence of intermediaries between state and the cultivators has
obscured this basic character in recent forms of tenure system. This might be
due to the fact that the state divests itself of ownership in favour of private
individuals or institutions in a number of ways and under a wide variety of
conditions (Regmi, 1978).
Raikar
Birta
Jagir
Forms of Land Tenure
Rakam
Kipat
Guthi
(a) Raikar land: The term Raikar is basically derived from the two words
Rajya (state) and kara (tax). Raikar often refers to land that the state retains
under its ownership while taxing the individuals who operate it. It also
means the land on which taxes are payable by the landholders to the
government representing the state, and such lands are registered in the
official records (Regmi, 1978). Rights on such land are limited to
occupancy rights vis--vis the state. After human labour and investment
were incorporated in respect to land, occupancy rights emerged, with the
result that land is inheritable and transferable. The rights on the land are
recognised and secured for the purpose of utilisation so long as taxes are
52
Systems of Land Registration and Cadastre in Nepal and Bhutan
(b) Birta land: Divesture by the state of its ownership rights in favour of private
individuals resulted in the emergence of the Birta system. Since a Birta
comes into existence only after the state divests itself of ownership, private
ownership of land is not an original right but the result of a specific grant by
the state. Nevertheless, the law provides that if land has been used as Birta
for a period exceeding 16 years on the basis of possession, it can be held
even without the possession of documentary evidence. In this system, the
state grants Birta lands to individuals to enable them to make a living
through a financing transaction between the state and a private individual.
Analysing this system, the Birta never carries absolute ownership rights
because in many Birta grants restrictions are imposed on transfer or
inheritance. The terms and conditions imposed in the Birta grants are so
varied in character that it is difficult to see a systematic pattern. Although,
in much literature, Birta landholders are not liable to pay tax, there have
been indications that nominal tax was imposed in 1772. Later on, the Birta
Abolition Act was introduced in 1959, indicating that the Birta system was
to be terminated and all lands under this system were to be considered as
Raikar lands.
(c) Jagir land: Until 1951 the state could alienate Raikar lands as emoluments
of office to government employees. Such lands were called Jagir lands. In
the past it was common policy for the government to pay the salaries of
civil and military employees in the form of Jagir assignments as far as
possible. Historical records show that such lands are found especially in
Kathmandu Valley and the eastern and western hilly regions. After
retirement or dismissal from the service, the land had to be returned to the
state. This Jagir system led to many complications and was finally
abolished in 1951.
(d) Rakam land: Rakam was similar to Jagir land but land was assigned as
remuneration for the performance of a specific function, mostly manual in
character. Right of use in such lands was held permanently and was
inheritable provided the holder or heirs continued to perform the specific
functions.
(e) Kipat land: Kipat was essentially a form of communal tenure in the eastern
hills of the country. Only members of certain ethnic groups were permitted
to hold land under this system. This was created to recognise and preserve
traditional rights and privileges, with exemption from land taxation. A chief
was the custodian of the land, but he would not be its owner.
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Chapter 3
(f) Guthi land: Land can be divested by the state to trust (Guthi) institutions for
the purpose of charitable, religious and philanthropic activities. Raj Guthi
can hold Guthi lands, which are always under state administration and are
registered in the official records. Guthi lands are also owned by private
Guthis for the performance of religious functions or family ceremonies, but
they are not always registered in the official records. These Guthi lands can
be assigned to the cultivators for generating income, which is used for the
administration of Guthis.
Currently the pressure for suitable lands for various purposes is growing rapidly
because of population growth, and the management of various land tenure forms
has been challenged throughout the kingdom. Many legal efforts were made to
convert the old systems into a uniform land tenure system during early 1950 and
1975. All lands were converted into Raikar land tenure, except Guthi land for
reasons of protecting cultural and religious traditions.
Private
Raikar Public
Forms of Land
Tenure Government
Guthi
Figure 3.3 shows the present land tenure systems, which are governed by
respective land acts within the framework of a land reform programme.
The rights on private lands can be held, enjoyed and used by individuals, private
companies and institutions. The owner has the right of full enjoyment on the
land, though in principle the relation between the state and owner is similar to
54
Systems of Land Registration and Cadastre in Nepal and Bhutan
the relation between a landlord and his tenant. Thus it is legally interpreted that
individuals hold the ownership rights, which are granted by the state on the
condition that they pay the tax fixed by the state, and can enjoy their land as
absolute rights of freehold. The state can terminate an individuals legal rights
on land under special circumstances:
Until the year 1951, the rights of an individual over land were virtually non-
existent. The landholder or occupier was considered as simply a tenant. The
interim constitution promulgated in 1952 protected the citizens full rights of
using and occupying lands. Later, in the 1957 Land Act the term tenant was
replaced by owner.
Government lands are those lands used for roads, railways, government houses,
offices, forests, rivers or streams and any uncultivated land to which the public
have no claim or rights.
Public lands are those lands that not only one person and his family use but all
persons use, on the basis of general consensus, for roads, playgrounds, lakes,
and crematoria, or any such land where ponds, temples or public housing
(where pilgrims and travellers are accommodated) are created, which is exempt
from government land tax.
Trust institutions hold the ownership rights on Guthi lands, but the rights of use
can be alienated to individuals under the conditions imposed by trust
institutions. The conditions laid down in the contracts are such that the
institutions can realise their charitable, religious and philanthropic purposes.
Most such lands are agricultural lands. Therefore, such tenancy rights may be
held and enjoyed by individuals /farmers who cultivate the land.
In Nepal, tenancy is the right to use land or property belonging to someone else
and for which rent is paid. Regulation has placed clear obligations on the
landowner to the benefit of the tenant. Landowners mostly leave the
management of their estates to tenant farmers, who cultivate the land through
their own or their families hard work, and earn on the basis of an agreement
with the owner of that land parcel.
55
Chapter 3
In the early days in Nepal, land transactions usually took place among family
members within their own communities (either by inheritance or gift). In such
cases, information is rather symmetric. Those who hold transferable rights over
lands can usually be identified by all members of the community/village. In city
areas, with the advanced stage of development (more infrastructure and access)
and the increased mobility of individuals, land transactions among individuals
who are not members of the same community/village are now more frequent.
As a result the scope for asymmetric information and hence land disputes
increases. Despite the use of mediation techniques to resolve disputes, more
than 40% of court cases can now be seen as land disputes.
The sample survey indicates that 0.3% of landowners are involved in annual
transactions in remote and rural areas, while 21.8% are involved in transactions
in (sub)urban areas of Kathmandu. These figures suggest that the extent of land
transaction is very low in the remote areas, where few new individuals from
other communities/villages go and purchase land. It is also possible that
transactions in remote areas take place on an informal basis, without going to
the district registry office, because people cannot afford the travelling and
registration costs. But in Kathmandu Valley areas, the extent of transaction is
high, owing to the growth in population and migration from the remote areas to
the capital city. Here employment and other economic opportunities are high
and people in the city can afford the transaction costs (Bhumichitra, 1996).
Various forms of institutions have existed for keeping land records and
collecting land revenue at local level. Until 1964, His Majestys Government
(HMG) used the services of local agents such as Mukhiyas, Talukdars,
Zamindars and Patwaris for registration, with the collection of taxes supervised
by Mal Addas based at district headquarters. Later, with the introduction of the
Land Revenue Act, the roles of such agents were discontinued because of the
complex management problems in maintaining land records and tax records and
of being unable to achieve the objective of land management.
Later on, in 1986, HMG established the Ministry of Land Reform and
Management (MLRM), with a mandate to formulate and implement policies
56
Systems of Land Registration and Cadastre in Nepal and Bhutan
and programmes for land management and reform. Currently, there are four
departments and one training centre at central level. The Department of Survey
is responsible for the initial registration and cadastral surveying, while the
Department of Land Reform and Management is responsible for maintaining
land registry. Both the departments have further instituted offices in each
district, with the aim of operationalising policies and programmes under the
land acts, as discussed in section 3.1.4 below.
Ministry of Land
Reform and
Management
The Department of Survey has three main branches: Cadastral Survey, Geodetic
Survey and Topographical Survey (Survey Department, 1996). The duties of
Cadastral Survey are to carry out adjudication of land ownership rights; identify
and survey land parcels and owners; prepare cadastral maps; calculate areas of
land parcels; classify land; prepare and issue the certificates of ownership
through its district offices; and, finally, hand over the field books to the district
office of the Department of Land Management and Reform for the maintenance
of ownership information. As far as mapping is concerned, the District Survey
Maintenance Office maintains the cadastral maps on a daily basis in conjunction
with the district office of the Department of Land Management and Reform.
The Department of Land Management and Reform (formally the Land Revenue
Office) is responsible for various kinds of land registration, regulated by the
1977 Land Revenue Act.
57
Chapter 3
With respect to the Trust Corporation (Guthi Sansthan), the Ministry formulates
policies and regulates the activities under the Trust Corporation (Guthi
Sansthan) Act.
The following laws related to land ownership and tenancy currently govern the
management of the present land tenure system:
Mulki Ain is equivalent to a common law and was widely applied before the
Land Revenue Act for land administration was passed. After the passing of the
Land Revenue Act, this law became ineffective. Because of the history of the
Nepalese land system, the courts still refer to the law codes relating to the
resolution of land disputes.
The main purpose of the Birta Abolition Act was to convert Birta land to Raikar
land in order to promote the effective use of land, whereas the Land Act
(relating to ownership and tenancy) was passed to implement the land reform
programme and protect ownership and tenancy rights. The Guthi Sansthan
(corporation) Act covers the administration and maintenance of Guthi land
records.
Land (Survey and Measurement) Act 1962 was passed to enable systematic
cadastral survey and maintenance in the country and to provide land
information concerning land tenure to the various government and non-
government agencies, as well as to individuals. These records of land
information are authentic and replace any old existing information. They are
also the basis for collecting land revenue in the country.
58
Systems of Land Registration and Cadastre in Nepal and Bhutan
The purpose of the Land Revenue Act is to provide for reliable land transfer, by
way of conveyancing, maintaining land records in accordance with the Land
(Survey and Measurement) Act, collecting land revenues and resolving disputes
(if any).
The daily operations of cadastral and land registration are fully financed by
HMG of Nepal, at both the central and the district offices. Land revenue
collected by the district offices goes to HMG Treasury. The Ministry of Finance
allocates budgets yearly for running the various activities of departments within
the MLRM. The financial sources for the current fiscal year comprise HMG
Nepal, foreign aid grants and foreign loans. Currently, there is a foreign aid
grant from the Government of Finland for the preparation of ortho-photos, and
one from the European Union for several activities of the National Geographical
Information Infrastructure Project (NGIIP) of the Survey Department. The
Ministry of Finance manages the foreign grants and loans.
With regard to the procedures for financial decisions, the National Planning
Commission determines, in line with government policy, the budget ceiling for
the MLRM, based on the current fiscal year and with some increment in respect
to inflation. The MLRM then notifies the departments concerned, with
instructions to prepare the annual programme based on the allocated budget
ceiling. Each department notifies its branch and project offices of the budget
amount, with detailed instructions for preparing the annual programme. The
draft programmes are then discussed and negotiated within the department, the
MLRM and finally the National Planning Commission. If there are any
differences in the policy and priorities of HMG programme, each department,
branch and project office is instructed to make corrections accordingly. Finally,
the Ministry of Finance looks after the budget for each budget section,
negotiated as per their norms. This is, in most cases, the last stage, but
sometimes, owing to the resources constraints of HMG, there may be
deductions in the budget. A Red Book (i.e. budget book) is published after the
budget announcement in parliament.
During execution of the programme, there is a chance that the allocated budgets
may be exceeded or prove insufficient. If the budgets are not sufficient, the
department takes action to reduce the number or content of programme items.
This has to be approved by the National Planning Commission. The process
begins from the branch or project office and moves up to the department, then
to the Ministry, and finally to the National Planning Commission. If the budgets
are exceeded, the excess is frozen at the end of the fiscal year.
59
Chapter 3
The rationale behind the cadastre and land registration is to introduce a uniform
basis throughout the country for levying the land tax and implementing land
reform policy (Shrestha, 1981). The systematic compulsory land recording has
been done at district and local administrative levels. Almost all land parcels
have already been covered by cadastral surveys with a simple survey by a plane
table survey. Owing to its simplicity, it was possible to decentralise its
operations to the district and local administrative levels. It is estimated that
there are 81,223 maps at scales varying from 1:500 for urban areas to 1:2,500
for rural and large parcel areas. There are about 44,125 moths (land ownership
registers). The cadastral survey method is purely a ground method, using a
graphical technique with a telescopic alidade on a plane table and a metric staff.
Not all maps are geo-referenced to the national geodetic framework system
(Shrestha, 1999).
- Cabinet decision
- notification by means of newspaper, radio and television
- adjudication, demarcation, surveying, land classification and mapping
- preparation of cadastral maps and field books
- preparation of other registers and statistics
- issuance of initial landowner certificates
- supply of land registers to district land revenue office for levying tax and
further land transactions
- establishment of district maintenance survey office for continuous
maintenance of cadastral maps
The land register is composed of cadastral maps, cadastral records, tax registers
and unregistered parcel records. Cadastral maps contain geodetic control points,
parcel numbers, boundaries (parcel, ward, local village, district, zone, region
and international), man-made objects (buildings, walls, fences, roads, telephone
lines, power lines and water objects), vegetation (forests, orchards/nurseries,
trees and plantations), water bodies (rivers, streams, lakes, canals, tube wells,
natural water sources) and public services (parks, temples, mosques, post
offices, police stations, hospitals and schools).
The cadastral record, called the field book, is a record of all the individual
parcels of land contained in one map sheet. All land parcels are numbered
consecutively. The landowners are identified by the tax receipt they produced as
60
Systems of Land Registration and Cadastre in Nepal and Bhutan
evidence of ownership. Their names, along with fathers name (or husbands
name), address and age, are recorded in the field book. No other evidence of
legal rights is sought. If there are any tenants on any land parcel, their names
and addresses are also written down. Parcel sizes and land use types are also
recorded.
The tax register, popularly known as the land ownership register, is kept in a
loose-leaf binder, and is meant for collecting land tax. It contains all the land
parcels of a village. The register is indexed by means of the parcel number.
The District Land Reform and Management Department, in association with the
District Survey Maintenance Office, handles further land transactions. Full
transfer of land ownership can normally be done within a day if there are no
subdivisions and no complications (such as mortgages, restrictions) regarding
the land ownership certificate.
Once the field survey is completed, another book, called Teris, is prepared on
the basis of the owners name. A certificate of ownership (usually called Lal
Purja) for each parcel is prepared and issued to each landowner, and a copy is
also sent to the District Land Revenue Office (see appendix 3 showing a sample
land ownership certificate).
Once the survey party completes their work in a district, the party moves to
another district. All land records, such as the field book and Teris, are given to
District Land Revenue Office, which maintains them using the ownership
registry, called the Shresta. All cadastral maps are given to the District Survey
Maintenance Section attached to the District Land Revenue Office. When
parcels are to be subdivided, this survey section does the fieldwork and updates
the cadastral maps, using a register called the plot register.
A request to transfer ownership by sale should come with the duly filled-in
deed, together with all the necessary documents, such as the land ownership
certificate, tax payment receipt and copy of citizenship certificate. A sample
deed/registration form translated to the English language is shown in appendix
2. The Land Revenue Office, where it is checked against a set of rules, receives
the deeds. The office checks for the necessary information that needs to be
supplied with the deed. In other words, the application is checked for its
61
Chapter 3
The following are the main characteristics of the improved deed registration
system.
62
Systems of Land Registration and Cadastre in Nepal and Bhutan
Transaction Rules
According to Ghimire (1987), the rules for the transfer of ownership are:
(a) Deed must be duly filled in and contain the following information:
63
Chapter 3
Land Classification
Since the cadastre and land registration is mainly to raise land revenue, land
valuation and taxation are based on land classification and the areas of land
parcels in Nepal. Criteria for classifying land parcels are different for different
sectors. Three sectors have been used for the whole country, namely the urban
sector, the Tarai and valley sector, and the mountainous sector. In the urban
sector, a committee comprising a survey officer, a tax officer and a
representative of the municipality has the responsibility for land classification,
while the Department of Survey is responsible for the other sectors. Details
about land classification are provided in Appendix 1.
64
Systems of Land Registration and Cadastre in Nepal and Bhutan
Land tax is based on flat rates on the basis of the above land classification. The
government decides these rates. There is no official land valuation system in
Nepal except ad hoc valuation for compensation during expropriation.
65
Chapter 3
66
Systems of Land Registration and Cadastre in Nepal and Bhutan
In the survey offices of the Survey Department, moderate resources have been
deployed for the staffs hands-on practice in order to develop their skills. The
task of data conversion has not really started, owing mainly to the lack of
required human resources. There is also an activity to scan and store the
cadastral maps for archiving purposes.
Thus, the efforts in building a PBGIS have not been as successful as expected.
Over a period of about ten years, however, there have been certain encouraging
developments and an increase in understanding regarding the underlying issues
and complexities. The time has now come for an extensive review of the way
the department has been managing the resources to build and operate LIS. It is
realised that the past efforts have been ad hoc and have seriously lacked
structured planning and clear strategies (Tuladhar, BC and Budhathoki, 2002).
Recent amendments to land revenue and land survey acts allow private survey
enterprises to carry out the cadastral survey work in the field. The Survey
Department, as the national mapping agency, is beginning to adopt a new
approach, involving licensed surveyors in survey and mapping work on a
partnership basis. This is important, particularly owing to the lack of resources,
communication, and the lack of a matrix organisation culture in the public
sectors (Acharya and Chhatkuli, 2004). To deliver reliable services and
products, the Survey Department is taking a leading role in the National
Geographical Information Infrastructure Project in Nepal.
67
Chapter 3
third zone is the alpine zone lying above 3500 m, which is composed of alpine
grasslands, scrub, perpetual snow and glaciers. This is also the seasonal home of
the nomadic yak and cattle herders (Ministry of Planning, 1996).
In Bhutan, the area suitable for agricultural production is limited, mainly by the
very steep terrain and by altitude. The river valleys and flatland in the southern
foothills account for most of the fertile cultivable land, whereas the northern
alpine belt below the snowline is suitable only for pasture. The most recent
estimates suggest that 7.8% of the total land is used for agricultural production,
including dry land and irrigated crop production and orchards. Most rural
households also own livestock, which are grazed in the forest areas and on
pastures.
Eighty-five percent of the population live in the rural areas and derive a living
from agriculture and other traditional rural activities. In 1985, agriculture
contributed 54.9% of the gross domestic product, while in 1995 this had
declined to 38%. This low output may be attributed to the small size of
68
Systems of Land Registration and Cadastre in Nepal and Bhutan
According to the land acts (Royal Government of Bhutan, 1991), the most
important land use classes that are usually applied in cadastral and land
registration are:
- Chhuzhing (wet land or paddy fields)
- Kamzhing (dry land)
- Pangzhing (land for shifting cultivation)
- Sogshing (forest land with right for collecting firewood and leaves for
manure)
- Tshamdo (grazing land with grazing rights)
- Other types, such as orchard and cash crop
His Majesty King Jigme Singye Wangchuck, fourth in the Wangchuck Dynasty,
is head of government. The National Assembly, the Royal Advisory Council,
the judiciary, the Council of Ministers and the sectoral ministries are the
organisations that play a crucial role in the governance of the Kingdom of
Bhutan.
69
Chapter 3
C o u n tr y
D zon g kh ag
D u n g kh ag
G ew og
T ow n /
V illa g e
Historically, the God King Shabdrung Ngawang Namgyel, who was the
spiritual ruler of the 17th century, first established a formalised land tenure
system after he conquered all the petty rulers. He brought all the land of the
nation under a unified system. He set up a legal basis for land tenure, recording
all land rights, known as Marthram Chem a centrally maintained land record.
During that period it was strictly for the purpose of land taxation.
The current legal system is still based on codes laid down by Shabdrung. Land
rights are basically comparable to freehold rights. The owner can possess land
and exercise his freedom of use, acquisition or sale of the land, with adherence
70
Systems of Land Registration and Cadastre in Nepal and Bhutan
- sale/purchase of land
- exchange of land
- new allotment by the government
- inheritance
- gift of land
The legal basis for cadastre and land registration is the 1979 Land Act, which is
an amendment to the 1957 Registration Act. All land owned by private
individuals and communities is registered in the land register maintained
centrally at the Office of Land Records in the capital Thimphu. Other land not
registered is considered as state land and constitutes more than 80% of the
countrys total area (Royal Government of Bhutan, 1991).
All laws in Bhutan are codified. The 1979 Land Act, with some supplements,
and the 1969 Forest Act of Bhutan form the basic legal framework for land
registration. To possess and use land legally, individuals must have a registered
Thram. A Thram is an inventory of individual land holdings owned by a single
household. A household can hold only one Thram and a unique number (the
Thram number) is assigned to the Thram. The Thram establishes ownership
rights and has strong legal effects attached to it regarding how land can be
utilised and under what conditions. The copy of the Thram, usually known as
Lagthram or Lagkhar, is normally issued to the landowners by the Land Record
Office under the authority of the Ministry of Home Affairs. The following land
issues are dealt with in the Land Act:
- registration of land in the Thram
- validity of Thram and entitlement to land
- right of possession
- cost of land and taxation
- sale/purchase and exchange of land
- government land and procedure for allotment
- water channels, embankments and roads
- grazing land
- Tsatong and its allotment
- cultivation of land
- compensation for crops
- encroachment of land
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Chapter 3
In Bhutan, the registration of rural and urban lands is handled separately. For all
rural lands, registration must be completed at the Land Record Office of the
Survey of Bhutan through the offices of the Dungkhag and Dzongkhag. Urban
lands are registered with the respective city corporation under the Department
of Urban Development and Housing via the Ministry of Social Services, and
should be registered through the respective offices of the Dungkhag and
Dzongkhag.
To cover the whole country by cadastral maps and Marthram, the Government
of Bhutan has three main processes: the initial registration process, the land
transaction process and the new allotment process.
The main aims of this systematic registration and cadastral process are to
ascertain land rights and rightful landholders, supported by cadastral maps with
the correct areas, and to record them correctly in the Marthram. The detailed
process activities are modelled in a UML activity diagram and shown in figure
3.8.
(a) The Ministry of Home Affairs identifies Dzongkhags and assigns them for
initial registration and cadastral survey. It then gives the order to the Survey
of Bhutan to carry out further activities.
(b) The Survey of Bhutan draws up an implementation plan and announces the
activities in the relevant Dzongkhags on national radio and in the
newspapers to ensure maximum cooperation from the citizens resident in
the local villages during the investigation and survey work.
72
Systems of Land Registration and Cadastre in Nepal and Bhutan
(c) The Survey of Bhutan establishes enough geodetic control points for each
cadastral map sheet by using conventional triangulation and traversing
methods. Control points are permanently marked and entrusted to local
authorities for preservation and security for future reference. It then
73
Chapter 3
prepares white plane table sheets in the grid projection systems, and the
ground control points (GCPs) are plotted on the sheets.
(d) The Survey of Bhutan invites the committee to the field sites. The
committee consists of representatives from the Ministry of Home Affairs,
the Dzongkhag, the Dungkhag, the Gewog, the public (rightful
landholders), the Survey of Bhutan and the Forest Office.
(f) Surveyors from the Survey of Bhutan carry out survey work on all land
parcel boundaries, using the plane tabling technique, and they compute the
area of each landholding parcel. They are also responsible for verifying that
there has been no encroachment on government land, and for seeing that
there have been no illegal conversions. They also verify all the documents
approved by the committee with their copy of the Sathram.
(g) The surveyors record the information in the Field Thram (basically field
records). The information normally recorded is (i) the names of the
Dzongkhag, Dungkhag, Gewog and village; (ii) Thram number, name of
person, ID number and fathers ID; (iii) map sheet number, plot number and
areas of plots, and (iv) name of land, type of land, grade of land and number
of bunds. The landowner approves all the above information by signing the
Field Thram.
(i) Edge matching between adjoining cadastral map sheets is carried out to
make sure that there are no spatial inconsistencies in edge and attribute
information.
(j) Then the Field Thrams are compiled by the surveyors to prepare a Fair
Thram per Dzongkhag and this is checked by settlement officers of the
Land Record Office and camp officers.
(k) Finally approved Fair Thrams are then established as the Sathram of each
district. And the Marthram covering the whole country is established.
74
Systems of Land Registration and Cadastre in Nepal and Bhutan
In the above process, apart from the individual Thrams, there are four other
types of Thram. The Field Thrams and the Fair Thrams are the working land
registers created during this process. The Field Thram is an inventory of
individual land holdings that is compiled by surveyors per cadastral map sheet.
The Fair Thram is an inventory compiled from the Field Thrams for a
Dzongkhag. The Sathram is a Fair Thram attested by the Land Record Office
and legal register. Copies of Sathrams are also kept at the Dungkhag and
Dzongkhag offices. The Marthram is the master land record, which is the
centrally located Sathram for the whole country at the Land Record Office in
the Survey of Bhutan. Legally, any forms of land registration or land transfer
must appear in the Sathram and Marthram, consistent with cadastral maps.
According to the 1979 Land Act, all forms of registration, such as sale/purchase
of land, inheritance, free gift, exchange of land, newly allocated lands by the
government, must be registered in the individual Thram at the local court of the
Dzongkhag/Dungkhag office. Then it must be registered at the Land Record
Office, Survey of Bhutan, with the approval of the Ministry of Home Affairs.
Then the local court forwards the approved application to the Ministry of Home
Affairs for registration at the Land Record Office, which updates the Sathram.
After the Thram, Fair Thram, Sathram and Marthram have been updated, the
relevant Gewog, Dungkhag and Dzongkhag are advised of the changes and
consequently update their local Sathrams. Then a Lagthram is prepared and
issued to the individual household owner.
Figure 3.9 shows an activity diagram. It suggests that there are at least 16
activities involved in the process of land transfer by sale/purchase and
exchange. In this process, the 1979 Land Act indicates the following rules that
must be observed by the concerned parties (seller and buyer) while executing a
land transfer.
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Chapter 3
than the ceiling of 25 acres, the excess land is confiscated without payment and
the amount equivalent to the cost of the land will be charged as a fine.
Nobody can purchase land from a family member possessing only five acres of
land. If somebody buys this, the land has to be returned to the original owner
and the money is returned to the buyer. Both seller and buyer must pay the
government an amount equivalent to the cost of the land as a fine. Land donated
to monasteries or state-owned land is not allowed to be sold or purchased in any
situation. Once land has been purchased, all taxes will have to be paid by the
buyer from the date of purchase.
If two or more families own a plot of land jointly and one family wants to sell
its share of the land, it cannot do so without obtaining the consent of the joint
owners. Unless separately registered in the Thram, a plot of land given as a
share by a parent cannot be sold in part or in full without the permission of the
parents as long as they live. In the case of a married couple living together with
or without children, only a spouse who is in possession of land before the
marriage, or has been given land by the parents or has inherited it from the
family, has the right to sell the land. The spouse who does not possess the land
cannot do so without the consent of the spouse who is the rightful owner.
According to the 1979 Land Act, there are two possible ways in which new land
can be allotted: first by His Majesty the King, who can allot the type of land
Soilra as a reward, and secondly by the government. In both cases, the citizens
who receive the new lands must forward the original allotment letters to the
local court (Thrimkhag) to be registered in their Thrams. Subsequently, they
should be registered at the Land Record Office via the Ministry of Home
Affairs.
(c) Inheritance
(d) Gift
When a piece of land is given as a gift, the one giving the land should draw up a
document stating the facts, which should be attested by not less than two
witnesses. After the legal stamps have been affixed, the document, with
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Systems of Land Registration and Cadastre in Nepal and Bhutan
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Land cannot be registered in the name of minors (males under 18 years and
females under 16 years). However, if it becomes imperative to register land, a
legal document has to be prepared, giving details of the person to be registered.
If a person has passed away leaving behind minors, then without any documents
the land can be registered in the names of the minors.
For the benefit of landed properties, the 1979 Land Act allows the owners to
construct new irrigation channels, embankments and roads on the existing
alignment. Permission should be obtained for such renovation work from the
local court, and the work should not obstruct the accessibility of other
properties. Water from an irrigation channel should be shared based on mutual
understanding or existing practice.
Grazing land is used for grazing and watering horses and cattle from a particular
village. Such land, if not registered, should be registered in the Thram of the
community of that village. Such land can be taken by the government for public
use but cannot be allotted to any private individuals.
Tsatong is a special kind of land. If a person with land registered in the Sathram
has passed away and all members of his family have also passed away and there
is no claimant to the land from that family, such land is considered to be
Tsatong. This is equally valid for a person leaving the country. The government
must decide on a new allocation of such land.
Land acts set out very strict rules on agreements or contracts for cultivating land
or share-cropping. Both parties must agree on the duration and conditions.
The procedure for donating land for religious purposes is as follows. Any
rightful owners can offer their land for religious purposes within the country.
Before making such an offer, complete documentation with the approval of
family members must be submitted to the local court. Once it is donated, the
responsibility for its use lies with the Dzongpen.
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Systems of Land Registration and Cadastre in Nepal and Bhutan
In principle, the Sathram is the basis for land valuation and taxation collected by
the Dzongkhag. As such the Land Act does not provide any basis for valuation
and taxation. In the case of expropriation, ad hoc valuation is usually carried
out. The assessment is normally fixed on the basis of land use classes for those
lands that have been classified. For others, the government fixes a nominal rate.
Currently two survey scales are adopted: 1:5,000 and 1:2,500. The large-scale
1:2,500 is used in districts where the average plot areas are small, the value of
land is high and in general the population is high. The plane table sheets are
3 km x 2 km for scale 1:5,000 and 1.5 km x 1 km for scale 1:2,500.
The computerisation of land records started at the Land Record Office, Survey
of Bhutan, in 1991, under the guidance of SwedSurvey experts. The main goals
are to simplify the work as much as possible, to make services transparent to
users, to minimise the amount of paperwork, and to retrieve various kinds of
data (Dorje, 1999; Tshering, 1993).
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parcel numbers. The system can retrieve, update and maintain the databases.
With the available functions it is possible to:
Analysis of the systems in Nepal and Bhutan has detected several deficiencies
and challenges, and these are laid down in sections 3.3.1 and 3.3.2. SWOT
analysis was the technique used to identify the deficiencies and challenges in
the existing systems, as well as the real causes of ineffective systems. SWOT is
an acronym that stands for strengths, weaknesses, opportunities and threats.
External Assessment
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Systems of Land Registration and Cadastre in Nepal and Bhutan
Opportunities Threats
Approval of IT Policy 2000 in Insecurity in the continuity of funding,
October commitment and project team
Capitalise on the demand for land Legislative framework has not yet been
information for multifaceted use and developed regarding the various LIS activities
growing land market
With the increasing trend in ICT, Building PBGIS to cover the entire country
there is an increased demand for involves high initial investment
digital land information
Private sectors have started focusing Over-expectation of the stakeholders in terms
on GIS and therefore the skills are of time and PBGIS functionalities
available in private sectors
Contribution to good governance, Computerisation attempt without analysing the
environmental management and current land administration system (especially
sustainable development data and processes)
The tenth five-year plan has given Lack of comprehensive land policy at the
priority to modernising land national level
administration
Once PBGIS is fully operational, it DoLIA has been established without a clear
will minimise the operating costs in definition of its mandate
land administration
Link to geospatial data Traditional mechanisms of producing and
infrastructure (GDI) at national level delivering the information/products/services
for meeting the demand from a wide are unsatisfactory
variety of users. Network solution:
central storage/decentralised
services
Creates increased awareness in Lack of local capacity building
policy/decision makers.
Internal Assessment
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Strengths Weakness
Department attracts all the Lack of both managerial and technical
stakeholders experience at all the levels
Continuous budget since its Lack of efficient and effective organisation,
establishment including knowledge field and ICT support
Increased awareness about PBGIS at Frequent change in leadership
all levels
Availability of knowledgeable, skilled Resistance to change in the way the
and committed staff at MLRM organisation needs to provide services and
products
Extensive pilot experience regarding Lack of rigorous planning to build, operate
the underlying complexities in and maintain LIS
developing and operating PBGIS
Study recently commenced to review Poor quality of the data sources (both
situation and propose a more effective administrative and the maps); poor methods
organisational structure for building, of data capture, maintenance and storage
operating and maintaining PBGIS
System to handle the non-spatial Severe shortage of human resource capacity
aspects of PBGIS has been built and is
operational in pilot offices.
Preliminary design of the system for
spatial aspects of PBGIS is complete.
Government has decided to use private Poor communication, coordination, and
sector for data conversion. Currently, participation of sister departments and
private houses are being used in two stakeholders
districts.
These observations suggest that the ineffectiveness is due mainly to the lack of
an appropriate approach. The approach has to adopt appropriate solutions with
regard to institutional, legal, financial and technical issues, and should include
fully-fledged structured strategic planning, including the analysis of existing
systems and user requirements.
Since the task is huge and complex, modern techniques such as Geo-ICT tools
and active participation, including commitment on the part of all departments,
play a determining role in the successful implementation of PBGIS.
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responsibilities are not clear. Although the districts or sub-districts execute the
activities of land transaction, no land information is directly available at these
offices from the Survey of Bhutan, where the cadastre and land registration
systems are computerised. Mostly, communications are channelled through the
hierarchies of the formal administrative bodies, which induces much error,
duplication and inconsistency in the land records (Sathram). Other government
organisations and agencies have no means of obtaining necessary land
information. Although the system is meant for generating revenue, there are no
agencies responsible for monitoring and valuing land. Thus the system is unable
to determine whether it stimulates the land market or whether it promotes
agricultural productivity in the rural areas.
There is no legislation with regard to mortgaging land. The field study also
indicates that user requirements have never been identified, and there are no
standards for data definition, quality, processes or data exchange. Lastly, local
human capacity needs to be developed.
This field study shows that the processes of cadastral surveying and recording at
the Survey of Bhutan are rather transparent. This has provided good
opportunities to computerise them in short periods of time. But it is not clear
how local courts and other administrative officials at various levels exercise
their duties to register land transactions. This may be the reason why
registration takes a long time, even a year in some situations. It is also not
known how the registration system relates to the countrys other programmes of
sustainable development and market economy.
The above discussion and analysis suggest that the systems of cadastre and land
registration in Nepal and Bhutan are fiscal in nature. Land valuation is mainly
based on parcel areas and land classification. Since the land valuation
approaches used are subjective, they are not transparent to the owners or
taxpayers. There are no official property valuation systems based on scientific
models in either country.
In Nepal, there is a good legal basis for a fiscal cadastre, including the role of
land tenure. But the cadastral system does not provide a reflection of the need
for securing land rights, and it does not provide a good basis for either
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In Bhutan, the system provides a good legal basis for private land rights
transactions, but the registration services are slow. Cadastral surveying includes
only privately owned parcel boundaries with major topographical objects (such
as rivers and roads). The data are stored at central offices, and are not easily
accessible owing to the institutional arrangement. Field observation reveals that
the land market is not stimulated, as the registration services follow
administrative procedures through many government departments. Many users
are now demanding timely access to reliable parcel-based geo-information.
System automation has already started to satisfy the demands for parcel-based
geo-information.
The idea of domain models (as discussed in section 2.3 of Chapter 2) covering
multifunctional applications does not yet exist in either country. In Nepal, the
domain does not recognise the requirements of real land-related problems, as it
focuses only on fiscal aspects. In Bhutan, reengineering is essential to ensure
the availability of the system at the place where it is needed. There appears to be
big gaps between citizen and cadastral system. Thus both systems require sound
system models for automation, with sound goals and objectives for land
administration.
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Chapter 4
4.0 Introduction
The purpose of this chapter is to develop system models for a PBGIS based on
subsystems focusing on customers needs, including tenure and land policy.
Since there are already system development approaches available, such as soft
system methodologies, structural system development methodologies, and
object-oriented methods, a brief description of each approach is presented in
section 4.1. Section 4.2 then provides a detailed discussion on modelling
concepts based on object technology. A description of the unified modelling
language (UML) is also presented here. Organisational, static and dynamic
models for a PBGIS are developed and presented in section 4.3. All these
models are developed using UML in Microsoft Visio 2000. Conclusions on
these models are drawn in section 4.4.
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The soft systems methodology (SSM) is based on the general systems theory
that seeks to understand the nature of systems in their entirety. It concentrates
on the actors understanding problem situations rather than on developing a
solution. It structures the problems before applying the structured information
systems development. SSM goes for a root definition of the relevant systems by
defining precisely who (actor) is doing what (transformation) for whom (client);
to whom are they answerable (owner); what assumptions (views) are made; and
in what environment it is happening (Paresi, 1993). It develops a model relevant
to the problem situation, and develops various models and a hypothesis.
Feasibility of the recommendations is vital so as to come up with a proposal for
actions to be taken. An example of the use of SSM is the development of a
conceptual framework for a cadastral system in a South African situation based
on strategic management theory and cadastral theory (Barry, 1999; Barry and
Fourie, 2002).
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the functions it performs rather than the data on which it performs these
functions.
Problem Feasibility
Definition Study Analysis
System Design
Global Detail
Design Design
System Realisation
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The second phase consists of three sub-phases, namely analysis, design and
implementation. Analysis deals with identifying and documenting user
requirement models for each specific system. Design focuses on specifying the
external views with each view of a set of object types.
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Strategic Planning
Object
Analysis, Design and System
Implementation
Abstraction
Specifications
Encapsulation
Construction
Inheritance
Delivery
The OOSDM approach takes advantage of both top-down analysis and bottom-
up design simultaneously (Henderson and Edwards, 1990). There are additional
advantages to this approach, such as:
With the above characteristics, the OOSDM is the well-known methodology for
use in system development, and it plays crucial roles in the development or
reengineering of systems.
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Models are meant to capture and precisely state requirements and knowledge to
enable stakeholders to understand and agree on them. Models enable us to think
about the design of a system and also open up the possibility of exploring
multiple solutions and mastering complex systems. Models consist of two
major aspects vis--vis semantic information (semantics) and visual
representation (notations). The semantic aspect captures the meaning of an
application as a network of logical constructs that are translated to a database
schema and programming languages, while the visual representation shows the
semantic information in a form that can be seen, browsed and edited by humans
(Rumbaugh, Jacobson and Booch 1999).
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Encapsulation is the principle that enables an object to hide its structure and/or
behaviour from other objects. Internals of an object are accessible only via its
interface, which is the operations known by the system.
Association enables the relationships that exist between various objects in the
database to be specified. Associations may be expressed explicitly in some OO
models, while in others they are represented as reference attributes. In the latter
case, the value of a reference attribute is the OID of the associated object.
Additionally, some OO models have the construct of ordered association, which
takes into account the order of associated objects.
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In 2001, the Object Management Group (OMG) adopted a framework, the so-
called model-driven architecture (MDA), that enables developers to separate
the specification of the system (i.e. models) from details of the way that the
system uses the capabilities of its platform. It is model-driven, because it
provides a means of using models to direct the course of understanding, design,
construction, deployment, operation, maintenance and modification (OMG,
2003a).
Figure 4.3: OMGs model-driven architecture (Siegel and OMG staff, 2001)
The MDA concept specifies a system independent of the platform that supports
it and has three major goals, i.e. portability, interoperability and reusability,
through the architectural separation of concerns (Siegel and OMG staff, 2001).
This means it provides common and platform-independent models of the
pervasive services. Figure 4.3 shows the OMGs MDA in relationship with the
different technologies being incorporated (including UML) and the relationship
with the different domain-specific models.
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The modelling process starts by capturing the user requirements in the form of
descriptions and sketches of the processes and data used, and ends with a
formalised specification of data and operations, defining what has to be done in
an organisation, and how and by whom it should be done under normal and
abnormal operating conditions and constraints. Modelling can assist us in
various ways.
(a) By examining user requirements or by abstracting what the users need, the
models can represent business processes or services in a clear, concise way,
thus providing insight into their structures, the dependencies between
processes, the time scales on which they operate, etc. These are very
important when the services or products need to be delivered in time.
(b) Understanding the existing business of the survey and land registry offices
is essential for reengineering their functions and tasks. Reverse engineering
(i.e. transforming actual codes into semantics and diagrams) allows us to
bring these current business processes to models (Jacobson, Ericsson and
Jacobson, 1995). We can analyse them to find the bottlenecks. Detailed
analysis is made at all levels of the system under development. Sometimes
it is classified as the documentation of the existing process and its sub-
processes in terms of process attributes such as activities, resources,
communication, roles, Geo-ICT and cost. This includes processes for data
handling, data storing/archiving and data supply, such as issuing
certificates or geo-information.
(c) Models help us in redesigning and evaluating the changes. Processes such
as the manual editing and printing of cadastral maps, which may have no
value or are not relevant to the organisation, can be replaced by another
process using Geo-ICT, which can be verified using a modelling language.
In this case, a new process is developed. This is accomplished by devising
process design alternatives through brainstorming and creativity
techniques. The new design should meet strategic objectives and fit with
the human resource and Geo-ICT architectures. Documentation and
prototyping of the new process is typically conducted and the design of
new information systems to support the new process is completed.
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during the development phase. The redesigning step provides us with the
proposed system architecture and its detailed specifications.
For system modelling in this research, modelling activities are divided into the
four most essential components or models for PBGIS (see figure 4.4 (Tuladhar,
2002)). The activities are related to the organisational, functional/process, static
and dynamic aspects. In principle, they are not separated; they are different
perspectives on one or more specific aspects of the system. The components
when combined create a set of system models.
Specifications
Organisational model: Its main purpose is to visualise the overall vision of the
system organisation. It describes the goals and structure of the organisation and
illustrates strategic plans and actions to achieve these goals. The system is
divided into subsystems, which are manageable by the units or sections. It
identifies information regarding the resources and responsibilities of the units
to carry out the tasks. The most critical element in this model is the relations
between the units, which help to improve the coordination and cooperation
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among departments and individuals. It has to deal with database sharing, which
causes many obstacles to carrying out processes optimally within organisations.
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Goals
Achieve
Business Process
User
User
Require
Wishes
ments
Executed Use
Human Resource
Object Object
Static model: This concerns the structuring of data for all kinds of information
or resources used in the organisational business, and contains all information
about the objects participating in the business. Such a model is usually called
the static structure diagram in an OO system, where classes of interested
objects are defined and relationships established. Such data models are usually
static, because the entity types do not change during their life cycles. The
changes relate only to the characteristics of the objects that belong to their
respective classes.
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Dynamic model: This describes the behaviour of the system containing each
important resource, and interacts between several different resources. The
behaviour concerns the evolution of objects in the system in terms of the
changes they undergo in response to interaction with other objects inside and
outside the system. Combining behaviours of different objects with a system
produces a task or process that needs to be carried out to satisfy the users. The
users/clients also have the responsibility to supply necessary data of the
required quality, and the system needs to carry out the tasks required within the
defined system boundary. Detailed elaboration will be given in the next section.
The UML seems at pains to point out that it is a language and not a method.
This emphasis must be due to the background of the methods being associated
with modelling languages. Fowler and Scott (1999) point out that most methods
consist, at least in principle, of both a modelling language and a process,
explaining that the modelling language is the notation that methods use to
express designs, while the process is their advice on what steps to take in doing
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the design. According to Eriksson and Penker (1997), the goals stated by the
UML designers are to:
Since its introduction in November 1997, it has become the de facto standard
modelling language for software development. The Object Management Group
(OMG), an international consortium promoting the use of object-oriented
information technology, is maintaining the UML standard.
Since the UML uses the same OO language in all phases of system
development and operation, it allows the users, customers, developers and
members of projects to communicate effectively and efficiently.
The UML has a number of predefined diagrams with rich and varied
vocabulary. Depending on the problems and abstractions for which the system
is to be built, we can organise them in the most suitable way. The following are
brief descriptions of essential diagrams in UML.
As the use case represents a task or process, it displays the dynamic part of the
system. It shows the relationships among use cases within a system or other
semantic entity, and their actors. A primary purpose is to describe how users
and stakeholders (so-called actors) use the system. It is sometimes called an
external view of the system. It describes the interaction between the system and
external environments. It can be considered as the functionality/process of the
system. The use case consists of three elements: actors, use cases and system
boundary (Jacobson, 1992).
Figure 4.6 shows an example of use cases for the full transfer of ownership.
The relationships among actors and use cases are organised using concepts such
as generalisation, uses and extends. In uses relationships, the base use case
explicitly incorporates the behaviour of another use case at a location specified
in the base and avoids describing the same flow of events several times. The
extends relationship between use cases means that the base use case implicitly
incorporates the behaviour of another use case at a location specified by
directly extending the use case. It is used to model the part of a use case that the
user may see as optional system behaviour.
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The goal of the use case diagram is to define the expectations of users. The
users may be people, systems or devices that need to interact with the system.
Their interactions may be to provide input, to receive output, or to have
dialogue with the system in order to cooperate in the completion of a task. All
these interactions are focused through a set of specific system features called
the use cases. Each use case defines specific goals that the system can achieve.
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Another example of use cases for the cadastral subdivision process can be cited
in connection with the framework of the COST Action G9 Modelling Real
Property Transactions (Sumrada, 2002; Stubkjr, 2002).
Activity Diagram
Activity diagrams are used to explore and describe the activities or workflows
in the organisation. They are basically the flow charts that are used to show the
workflow of the system. Activity diagram provides a graphical way of
documenting a business workflow in a simple and intuitive illustration of:
The activity diagram also describes the roles and areas of responsibilities in the
business, in other words who is responsible for doing what in the business.
Roles and areas of responsibilities are documented as columns in the activity
diagram. Swimlanes show which business workers participate in realising the
workflow.
The transition from one activity to the next is indicated by an arrow, and a
diamond symbol is used to model a decision. Each transition exiting the
decision must be labelled with a guard condition and the conditions must be
mutually exclusive. The diamond may be used to represent a merge point
joining two alternative paths in the sequence. Guard conditions may also be
used on transitions leaving an activity, where the result of the activities
provides all information needed to meet one of the conditions. Concurrency
allows multiple threads or processes to be executed simultaneously. The fork
bar shows one transition initiating multiple transitions. The synchronisation bar
shows multiple transitions coming to an end and one transition taking over.
Figure 4.7 shows an example of an activity diagram for the registration of
deeds.
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Start transaction
Prepare Deed of transfer
Submit Deed
Check contents of deeds
[Not correct]
Terminate transaction
[All correct]
Commit transaction
Accounting Department
[With a bill for payment]
Send a letter of rejection
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entities. It provides a way of visualising who interacts with whom and who is
responsible for what. The class diagram is used for two main purposes:
-
to show how workers and entities are collaborating to implement a business
process
-
to show static structure and relationships among entities
RealEstateObject Generalization
SuperClass
-ObjectID : Integer
SubClass
LandParcels Building
-Parcel IsLocated -Buildings
-ParcelAree : Integer -NoOfFloors : Integer
-ParcelUse : String -BuildingArea : Long
SubtypeField -ParcelClass : Integer = 1 1 0..* -DateOfBuliding : Date
subtype subtype
Aggregation Association
or Composition with Cardinalities
Urban Rural
-ParcelClass : Integer = 1 -ParcelClass : Integer = 2
Subtype Classes
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Figure 4.8 shows class diagram with the concepts of generalisation (identifying
superclass and subclass), associations between two classes (participating role as
composition or aggregation).
Object Diagram
The object diagram is the part of the static models that describes specific
entities, whereas the class diagram models the rules for types of entities.
Objects are real things, such as parcels and persons. An object diagram would
represent, for example, the fact that a person owns a parcel. In contrast, a class
diagram would describe the rule that a person can own parcels. Therefore
objects are instances of a class.
Interaction Diagram
The interaction diagram is the part of the dynamic model that describes how
groups of objects collaborate in some behaviours. An interaction diagram
captures the behaviour of a single use case. The diagram shows a number of
objects and the messages that are passed between these objects within the use
case. The interaction diagram comes in two forms based on the same
underlying information, specified as collaboration and communication. The two
forms are the sequence diagram and the collaboration diagram.
For the sake of clarity a use case may have several interaction diagrams, each of
which shows one flow of events in a use case. A use case is more precisely
described or explained by showing the interaction between the participating
objects in the use case. The interaction diagram is based on a use case model
and an information model. Feedback from the interaction diagram goes back to
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the use case model and the information model. This iterative procedure
continues until the whole model is completed.
Submit Deed()
Enter()
Send Acknowledgement()
Collaboration diagrams are drawn in the same way as classes, but their names
are underlined. The links are shown with lines, which look like associations. A
message can be attached to the link, defining among other things, a sequence
number for the message (see figure 4.10).
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Notary
1: Submit Deed()
5: Send Acknowledgement()
Registrar
2: Enter()
3: Start Transaction()
Incoming Deed
Ow nership
4: Lock Record()
State Diagram
The state diagram may also be applied in a system (or subsystem) as an object
to capture the dynamic behaviour of system.
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There are two additional diagrams, mainly used for the implementation of the
system, namely component and deployment diagrams.
Component Diagram
Deployment Diagram
Extensibility Construct
The UML includes three main extensibility constructs that enhance semantic of
the above diagrams: constraints, stereotypes, and tagged values.
A stereotype is a new kind of model element devised by the modeller and based
on an existing kind of model element.
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Person
House PersonID : Integer
HouseNo : Integer +house +ownerPersonFirstName : CHARACTER
PersonSurname : CHARACTER
HousePrice : Currency
0..n 1 PersonIncome : Currency
Mortgage
MortgageDocID : Integer
0..n Principal : Currency +mortgage
MonthlyPayment : Currency
+mortgage StartDate : Date 0..n
EndDate : Date
package Mortgage_system
context Person
inv: Person::allInstances->isUnique(PersonID)
context Mortgage
inv: security.owner = borrower
context Mortgage
inv: startDate < endDate
endpackage
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The above sections described the methodology and modelling techniques for
describing a system. The following sections provide the models for a PBGIS
concerned with the organisation, function/process, static and dynamic aspects
of the systems, with specific cases in Nepal.
All models shown in this chapter are developed using UML in Microsoft Visio
2000 software (Microsoft, 2000). In this software, many functions are
available, including checking consistencies in UML diagrams.
Overall inputs to the modelling activities are the overall vision of the system
and organisation, and the goals and structure of the organisations. They
illustrate the strategic plans and actions as to how these goals defined in the
defined domains are reached within the organisations. The most critical element
is coordination and cooperation among departments and individuals. It has to
deal with database sharing, which causes many obstacles to carrying out
processes optimally within organisations.
Static
Subsystems, Use models
packages, Class
cases models
components model
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Static model: This concerns the structuring of databases for all kinds of
information or resources used in the organisational business, and contains all
information about the objects participating in the business. Data models are
usually static, because the entity types do not change during their life cycles.
The changes are only objects that belong to their respective classes. Therefore
the class diagram (or information model) describes static models (see section
4.3.6).
Dynamic model: This describes the behaviour of the system containing each
important resource and interacts between several different resources. The
behaviour concerns the evolution of objects in the system in terms of the
changes they undergo in response to interaction with other objects inside and
outside the system. As discussed before, dynamic models are mainly described
by state diagrams. Nevertheless, the realisation of use cases (i.e. functionalities)
is modelled by activity and interaction models, which can be considered as part
of dynamic models. Sample models are presented in section 4.3.7.
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The PBGIS, through a network of these subsystems and others, increases the
ability (performance and customer satisfaction) to provide the users or
stakeholders with high-value intelligent information to fulfil the requirements
for tenure security, for stimulating land markets, and for sustainable
development. Figure 4.14 shows UML static structure diagram with
interdependent four subsystems in the total PBGIS system. Arrow shows the
direction of dependency.
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The subsystem also classifies land parcels into different classes based on
criteria defined by the land acts (refer to Chapter 3). Any changes in land class
and use occurring during the subsequent registration process should be
incorporated by updating geo-databases.
This subsystem also identifies other levels of spatial land object higher than
individual land objects. Such higher-level spatial land objects concern areas
such as ward or block areas, village or city areas, customary areas for
registering customary land rights, land units of specific interest for resource
management, land units of local development areas and administrative areas.
Identifying and registering these higher levels of spatial land unit provides
information to those responsible for monitoring and advising on land
development within these areas. These spatial units are often used in various
administrative applications such as population census.
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- Initial loading of ownership data including all other data such as mortgage,
tenancy, easement, restrictions, etc.
- Transfer of land ownership
- Registration/release of mortgages, leases, restrictions, tenancy, easement
and higher level objects
- Preparing ownership certificates as result of transfers of ownership
- Resolving ownership disputes
Transfer of land ownership: This is one of the most common services in land
administration. This service may involve the transfer of full or partial
ownership of the land. If the transfer is a full ownership transfer, the geometry
of the parcel is not altered, whereas in the case of a partial ownership transfer,
the old parcel is divided into two or more new parcels, and the old parcel stays
as a historical parcel. In Nepal, registration of transfer of ownership is not
possible without subdividing land parcels in the field and updating spatial
database. Therefore this subsystem has strong relationship with cadastral
surveying subsystem.
The transfer of ownership depends on the type of land registration, i.e. whether
the deed registration or title registration system is in operation. In both cases,
the notary prepares the agreement between the buyer and seller.
The agreement is then lodged with the land registration office. The application
is checked against the set of rules. If the application meets all the requirements,
the old owner is deleted from the registry and the new owner is recorded as the
owner of the land. If the transfer is not a full transfer, i.e. only a portion of the
land is being transferred, the land registration office sends the request to the
cadastral surveying subsystem to subdivide the land. After completing the
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subdivision, this subsystem updates its database (automated registry) and gives
the ownership certificate to the new landowner. Thus the whole process of
ownership transfer is completed.
Registration of leases: The long leases are usually registered in the registration
office.
Registration of tenancy and easement: These are registered to know who has
access to land for certain purposes.
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There are other two services namely preparing ownership certificate and
resolving ownership disputes.
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Data that are used for property valuation depend on approach and method.
Primary data are, however, property size and location, market prices, social
data regarding status, economic data such as interest rates, environmental data
concerning pollution, infrastructure data and topographical data. Several
approaches for land valuation have been developed: the sales comparison
approach, the cost approach, the income approach and the residual approach.
The sales comparison approach is the preferred method when there are
adequate and accurate sales data. This condition is necessary for satisfying the
principle of substitution, which states that a buyer will consider the costs of all
reasonable alternative land parcels before deciding to bid on a particular land
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parcel. It compares the subject parcels (parcels being appraised) with similar
parcels that have been sold recently (comparable parcels) or for which offers to
purchase have been made. The selection of parcels is based on similarity with
the subject parcel, and sale prices are adjusted according to differences from
the subject. A market value for the subject is estimated from the adjusted sale
prices of the comparable parcels.
- Statistical analysis and GIS: This service is required to analyse the data that
are most affecting properties values using regression analysis and GIS
analysis tools. Statistical tools such as MS Excel or SPSS software would
be required for market analysis and for calibrating and updating the
property value model. Tools such as correlation coefficient, T-test, F-test
and regression analysis are common for checking and verifying purposes
- Valuation and quality control: This actually estimates property values using
models and comparing with comparable sale data of properties with vicinity
of the properties being valued. Quality control for defining valuation
standards and ensuring that they are adhered to, as well as for identifying
weaknesses in the model and proposing appropriate refinements. This also
applies to the review of values by local valuers with field visits if
required and the values updated where necessary.
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The valuation roll database contains the cadastral parcel number and land area
of each parcel; these are supplied by the cadastral authority. It further includes
all results of each valuation based on the model and is used for collecting
property tax. It also contains information about each building (e.g. floor size,
number of floors, number of rooms, condition, age). This information is
normally shared with municipalities or local authorities, where continuous
updating of these data takes place.
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The data model of the dissemination subsystem plays a critical role in sharing
data among the subsystems, and among other systems belonging to other
organisations if necessary. Such a data model may be termed as a core data
model and serves as the standard for exchanging cadastral data. In principle,
the content of the core data model should be matched with the data models of
other subsystems in such a way that by extending the content of the core data
model we should be able to derive the data models of the other subsystems.
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The most important objects that are needed for tenure security are land objects,
rights and responsibilities, and persons. These are the core objects of any
cadastre and land registration around the world. The extensions to these objects
are needed to suit the policies and requirements of individual countries. Since
these objects are collected, stored and maintained in different subsystems (as
discussed in sections 4.3.1 to 4.3.5), which usually fall under different
organisations, the relationships between them must be maintained through
unique land parcel object identifiers. The responsibility for assigning the
unique identifier is mostly given to the cadastral surveying subsystem, because
it involves the identification of objects in the real world through field surveying
or imaging systems (e.g. remote sensing or digital photography).
The above four subsystems contain data of three domains, i.e. cadastral
surveying, land registration and property valuation, which have both spatial and
non-spatial dimensions. In this research, we concentrate on the cadastral
surveying and land registry subsystems. Before we discuss the static models for
these two subsystems, a brief introduction to the core cadastral data model is
presented below.
The concept was first introduced by Oosterom and Lemmen during the FIG
Congress in Washington DC, USA, in 2002. Since this model can be seen as a
standard template that can easily be adjusted to local situations for the
development of cadastral databases, there are continuing efforts to standardise
this core model in association with ISO TC211 and ESRI within working group
7.3 of FIG commission 7 (van Oosterom, P., Lemmen, C., and van der Molen,
P., 2003; van Oosterom, Grise and Lemmen, 2003).
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Figure 4.19: Basic entities of the cadastral data model (Lemmen, van der
Molen, van Oosterom, Ploeger, Quak, Stoter and Zevenbergen, 2003)
Detailed information on the further specialisation of real-estate object classes,
surveying classes, geometry and topology (imported OpenGIS classes), land
administrative classes and 3D aspects can be found in the paper written by
Lemmen, van der Molen, van Oosterom, Ploeger, Quak, Stoter and
Zevenbergen (2003). The general characteristics of a cadastral core data model
appear to be as follows:
- It contains the basic needs of the cadastral systems, such as data about
subject, right and real-estate object.
- It establishes relationships between the person and real-estate object by
association class RightOrRestriction by n-m relations (represented as 1..* in
UML class diagram) at both ends of the association.
- It is based on the titles or deeds (or both) with legal rights and survey
documents.
- It defines spatial-temporal aspects of basic entities.
- It supports 3D aspects of cadastre.
- It defines the scope of the system as a domain with respect to real-estate
objects and land rights supporting land transactions and the land market.
- It serves as a reference model for the national reference system, where
access to data about three entities through common identifiers such as parcel
identifiers, addresses or common coordinates are known to all users.
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(a) Geometry object class: The geometry object class package contains three
basic primitives with topology, namely polygon, line and point. But
accepted standards on geometry and topology have already been published
by ISO and OGC (ISO, 1999a, 1999b; Open GIS Consortium, 1998, 2001).
A simple way to use these standards is that, if the geometry of a point is
based on survey point measurement (converted to the national coordinate
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(b) Land administrative units: These land objects are, in general, large in
spatial extent, and serve to support security by assigning the responsibilities
of the formal or non-formal authorities. Within a country, four subclasses
can be identified, namely, Customary Areas, Districts, City/Village and
Blocks/Wards, as drawn in the UML class diagram shown in figure 4.21.
Country is also assigned as a class for the sake of clarity.
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the spatial data types, all these objects get polygon geometry with face
topology.
Data about their boundaries can easily be collected from the relevant
agencies via SDI, and stored under separate themes. Since these are of the
area type, polygon geometry with face topology is assigned.
(d) Legal (real-estate) object class: Traditionally, the land parcels with limited
characteristics related to tax rates have been the main interest for
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generating revenue by levying land and property taxes. Since, by their very
nature, land parcels are considered as commodities on open markets and
resources for the management of wellbeing, land parcel objects could very
well be modelled as shown in figure 4.23. In this model, the focal object is
the individual land parcel class, which is the basic unit for individual rights
or responsibilities and for levying land taxes. In the diagram, it is linked
with the Building object through association relationships, and this
Building class may consist of an Apartment object class. In the case of
Nepal, the land parcel objects can be located in Urban, Tarai Valley, or
Mountain. These distinctions are modelled through the
generalisation/specialisation concept in UML. Another interesting remark
is that land parcels can lie either in the blocks/wards or customary areas,
which are management units. In this way the responsible officers know the
person who owns the land and where it is located within the management
units.
Since the boundaries of land parcels within customary areas are very
flexible and it is impossible to demarcate them, building point objects are
used to locate the place where the indigenous people live. This concept is
important to protect the rights of indigenous people within the customary
area, in case they are displaced by land acquisition for public purposes or
any other events occurring in the areas.
127
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In figure 4.23, there are several classes that require spatial and non-spatial
data types. Since we consider only 2D objects, spatial data types are
assigned as follows:
There are other classes (e.g. District Land Record and Apartment), which
are purely non-spatial.
(e) Topographical object class: There are many reasons why we need
topographical features together with other land objects. In Nepal and
Bhutan, the cadastral surveying is currently performed using a plane table
and an alidade, which measures distances with the application of slope
corrections in the field. Field boundaries are very much of the general
boundary nature and exact boundaries are never surveyed. In such a
situation, it is important that land parcel boundaries are near to reality on
the ground. If there were reliable topographical objects in the digital
databases (vector or images), this would always provide owners with more
confidence in their boundaries.
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consider that all data are of the 2D type, there is an attribute called
elevation that allows heights for every point and line of objects in all
subclasses to be stored. In topographical survey, it is normal practice to
record elevation for every object.
Roads are classified into Highway, Main Road, Secondary Road, City Road
and Footpath. In large-scale mapping, these objects are mostly polygons in
geometry with face topology. Since these roads are often too large to be
digitised as polygons, it is normal practice to partition them, digitise them
as lines, and then build the topology as polygons.
Water Features are classified into River, Stream, Lake, Pond, Well and
Dam. Here all objects are polygons with face topology, although if a well is
too small it can be a point, depending on the standard adopted for large-
scale mapping.
The Cultural Objects (mostly religious objects) are classified into Temple
(its type may be Hindu or Buddhist), Church and Mosque. In most cases,
these objects have polygon geometry.
The Electricity objects are classified into Electricity Line, Electricity Pole
and Power Station, while Telephone objects are divided into Telephone
(above surface or underground) and Telephone Pole (either normal or
mobile). Here objects are based on either lines or points, with the exception
of Power Station, which is a polygon.
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Normally, the DEM is not given on the cadastral maps, but with the PBGIS
in mind it is necessary for various GIS applications, and is classified into
Contour Lines, Spotheights (pits, peaks, saddles), and Breaklines (ridge
lines, streams, banks, etc.). Regular grid points as points can be added as a
subclass. Slope, aspect, and the triangular irregular network (TIN) are
normally derived from the above data and stored as theme. Here contour
lines and breaklines are line objects, while regular grid and spot heights are
points.
Since there are many field books and records in Nepal and Bhutan at the district
offices, it is important that district land records are input into databases. In
Chapter 3, it was indicated that recordings kept at the districts are unable to
cope with the search requirements of the customers. Thus, all individual land
parcels must be linked to land records, which are then used for conveyancing
and taxation purposes.
Two models are developed for the Nepalese case. The first is for the person
only and is presented in figure 4.25. The second refers to the ownership,
tenancy, mortgage and restrictions relating to the Real-Estate Object subclass of
the Legal (Real-Estate) Object class and Person class. This is presented in
figure 4.26.
In figure 4.25 showing the model for person, there are two subclasses of the
abstract class Person (i.e. Natural Person and Non-Natural Person). They are
modelled using generalisation/specialisation.
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With Person class, there is an association link showing that a person (as father)
may have zero or more children. In Nepal, this is important for inheriting
properties, and similarly a relationship between husband and wife can be
defined in Person class. For the purpose of clarity, this is not shown in the
above figure.
Figure 4.26 illustrates a static model for ownership, tenancy, mortgage and
restrictions. Since there are relationships with Person class and Real-Estate
Object class, there is a similarity with the core cadastral data model shown in
figure 4.19.
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Figure 4.26: Static model for ownership, tenancy, mortgage and restrictions
Looking at the land tenure arrangement in Nepal described in Chapter 3, it
reveals that the land rights relationship tends to focus on the fact that ownership
(or raiker) is strongly related to real-estate objects, which cannot exist without
ownership. That is why there is a 1-to-1 relationship between them, as shown in
figure 4.26. Then a person as owner holds an ownership certificate through an
association class called Hold, in which share is defined as an attribute. This
means that one or more persons as owners can hold ownership to the same real-
estate objects with a share.
In the case of tenancy rights, the relationships are different. A natural person
acting as tenant can only hold zero or more tenancy rights, while the real-estate
object may contain zero or one only tenancy right. Note that it is not Person
class that has the link with tenancy rights.
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The changes in the systems are usually triggered by the external environment of
the PBGIS, using the services of subsystems. This is a dynamic aspect of the
external environment, where users are involved in carrying out these services.
Use cases are very well suited to modelling such user interactions and can
exhibit the responsibilities of the users/customers (or actors in UML). Such a
use case model allows us to see if the users/customers are satisfied with the
services and products within defined scope and boundary of a system.
Therefore, it gives us a sense of the behavioural aspects of users/customers, and
of how the system and users should interact with each other. This is important
particularly to execute a process in defined rules.
A use case can be realised through a series of activities, which are modelled
internally within the system by the activity diagram. Behaviour aspects of such
individual activities can be modelled using state diagrams. Normally the state
diagram models the states of an object. Thus internal dynamic aspects show us
the activities necessary to accomplish a certain use case, displaying the state of
an object. In the modelling stage, an interaction diagram such as a sequence
diagram or collaboration diagram helps to show how a use case can be
accomplished. In this research, some dynamic models are shown, because
others can be developed in a similar way.
In the following sections we firstly discuss two dynamic models for a PBGIS in
users environment by use cases for parcel subdivision and dissemination of
cadastral information. Secondly dynamic models using activity diagram (for
editing topographical database) and state diagram in internal system
environment (Deeds) are developed and discussed.
This model explains what the system must do by means of use cases and who
uses the system by means of users/actors. Identifying users/actors and use cases
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Chapter 4
is usually the first step in modelling the system. An actor represents a role that
someone or something in the external environment can play in relation to the
business process (Jacobson, 1992). These users are classified into actors in
terms of the roles they play in relation to the system. A use case represents a
business process. Every actor and use case should have at least one association
with each other.
The first model, as an example of the cadastral parcel subdivision process in the
cadastral subsystem, is shown in figure 4.27. There are four actors in this
process:
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137
Chapter 4
As shown in the first case above, the actors through the use cases trigger the
changes that occur in the objects. The realisation of use cases (or activities),
such as the establishment of geodetic reference systems, the editing of
topographical data, demarcation, the field surveying of parcel boundaries, and
land transaction (by sale, inheritance or gift) can be accomplished by carrying
out activities. Figure 4.28 gives an example of the activity model for editing
topographical data. But the activities must be realised by ensuring correct
interaction among objects of various classes. Correct interaction also means
that the object of the precise stage should be known to the activities. Such
precise modelling can be done through a state diagram.
The activity model in figure 4.29 displays the basic flow of events and
alternatives, showing the conditions under which the activity can be
accomplished.
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[Unacceptable result]
[Acceptable result]
[Unacceptable result]
Correct problems
[Acceptable result]
[Unacceptable]
139
Chapter 4
Conditions may be applied a number of times in the above activity model. For
example, step 4 is repeated a number of times until the database is restructured
in a defined number of thematic layers. Similarly steps 8, 10 and 13 are
repeated until the result is acceptable.
A state diagram is highly suitable for identifying the possible states of a deed
while lodging a deed with the land registry office. Figure 4.30 shows such a
state diagram for a deed, illustrating the eleven possible operations that can be
applied to a deed, resulting in the six possible stages of that deed.
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DeedLodged
DeedCorrectnessChecked
Deed is delivered for checking correctness [Not correct details] / Check Correctness
Result sent for geometry update [Subdivision completed]
Ownership transferred
When a deed is delivered, it is checked for its completeness. First stage of state
is Deed lodged. Then it is checked if all written items are correct or not. If
correct, next stage of state is DeedCorrectnessChecked.
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The objective of this chapter is to develop system models for a PBGIS using
object technology. To achieve this, this chapter looked briefly at the existing
methodologies of system development (e.g. soft systems methodologies,
structured system development and object-oriented methodology). All these
methodologies emphasise the need for models. The object technology using the
UML is described as a flexible approach for a system. The models presented in
the above section are not complete, but they are a representation of cases in
order to understand an approach for developing system models in PBGIS.
Four subsystems are presented within a PBGIS for Nepal. These subsystems are
highly interrelated to carry out tasks and services within the defined domain.
Each subsystem contains application services and production databases. In this
way, the responsibilities of each subsystem are clearly known, as well as with
whom they have to communicate to ensure the success of services. The data
and services are shared among themselves.
The starting point for static models in the cadastral surveying subsystem and
land registry subsystem is the (FIG) core data model, in which the emphasis is
on registering real-estate objects (parcels and apartments) and persons through
rights or restrictions as the main cadastral domain. In the PBGIS of this
research, a domain is very large, as it not only has real-estate objects but also
contains four kinds of land object class, containing land administrative unit
objects, land resource objects, legal (real-estate) objects and topographical
objects. The first two object classes are basically responsible for the
administration and management of land. The Administrative Unit Object class
also includes customary areas in which chiefs/heads are assigned as responsible
persons. The role of land resource objects is maintaining information about the
benefits and responsibilities of all land users and owners.
There are two kinds of legal (real-estate) objects in Nepal similar to the FIG
core data model. The basic unit for registration is the parcel (not boundary),
and the parcel must be surveyed before registration, but the structure of a parcel
is similar to the (FIG) core data model in terms of topology. For urban areas,
accurate surveying field sketches for each parcel are recommended and
archived for future use. Since the concept of general boundary is followed in
Nepal, topographical objects are an essential part of cadastral surveying and
mapping. In a 2D situation, apartments need to be registered with their sectional
plans. For houses in customary areas, nodes are proposed for locating houses,
as they are likely to move.
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With regard to Person class, two main subclasses, namely Natural Person and
Non-Natural Person, are identified. But Non-Natural Person is subclassified
into trust organisations, government organisations and registered organisations.
The relationships between persons and legal (real-estate) objects depend on the
type of land rights. In general, they are holding rights. In the case of ownership,
there are slight differences owing to the local land tenure situation in Nepal. A
person holds ownership and ownership applies to a parcel. In the case of
tenancy rights, only a natural person can be a tenant. In the case of a mortgage,
a non-natural person provides a mortgage, while a natural person must be an
owner who gets a loan. Real-estate objects are used as security. Restrictions are
related to real-estate objects and ownership, and non-natural persons impose
restrictions.
In general, land objects, persons and their land right relationships depend on the
local land tenure situation and the domain defined within a PBGIS. In
conclusion, Real-Estate Object class alone is not sufficient for a PBGIS in
Nepal. Other kinds of land objects are needed to assign responsibilities.
Therefore, there are basically two kinds of object non-real-estate object and
real-estate object as core objects. Non-real-estate objects are land
administrative units and land resource areas. In addition to the Right Or
Restriction class, the Responsibility class is necessary and is linked to Non-
Real-Rstate Object class. Thus the Right Or Restriction and Responsibility
classes are then considered as core objects. Under the Non-Natural Person
class, additional subclasses (e.g. customary (trust) organisation) are added.
Therefore, a core cadastral data model for Nepal contains classes for land
object (i.e. Non-Real-Estate Object class and Real-Estate Object class), right or
restriction, responsibility, and person. Their relationships are not always
Association class; they rather depend on the type of land rights defined by the
land tenure system, as shown in figure 4.26.
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144
Organisational Prototyping and Quality Aspects
Chapter 5
5.0 Introduction
The first component (in section 5.1) is related to organisational prototyping for
aligning organisations (or departments) with respect to their business service,
so that appropriate responsibilities are identified within the context of
organisational strategies and goals. This is called organisational prototyping
for the purpose of this research. Discussion and results are presented in section
5.2.
The second component concerns quality aspects of the system models and data.
The quality factors and reviewing approach at system model level are proposed
and discussed in section 5.2. Data quality is investigated using real data sets.
And the results are presented in section 5.3
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Chapter 5
bring a new line of business as part of the strategies that the organisations want
to adopt. This is an ideal candidate for prototyping, because it helps the
organisations to eliminate risks or potential inefficiencies from the start.
Objectives
Policy Makers /goals
Alignment
Business
Operational Processes Organisational Restructuring
Staff and Data
Management Processes
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Organisational Prototyping and Quality Aspects
processes and databases is also very useful for improving the existing situation,
and when using the prototypes the employees of the organisation, as well as
external stakeholders, can provide feedback before implementation. For the
purpose of this research work, such prototyping is called as organisational
prototyping.
The third element, at the operational level, consists of business processes and
databases, where the data models play a key role in satisfying customers and
stakeholders.
From the viewpoint of good practice, a number of issues are elaborated at the
policy, management and operational levels for the PBGIS (Masser, 2003).
These issues form a solid base for the organisational prototype of an efficient
and effective production process within the goal and strategies of the
organisations.
In Chapter 4, the number of cadastral services and data models was identified.
Within the cadastral surveying subsystem, there are five major cadastral
services at the district level that are considered to be bottlenecks in terms of
delivery time, cost and resources used in the organisations, especially in Nepal.
They are initial data loading/structuring and, subdividing parcels, preparing
parcel certificate and preparing special products and resolving boundary
disputes. Each of these major processes is made up of a number of lower-level
processes or activities. For purposes of illustrating the approach, the first two
services and a service full transfer of ownership of land registry subsystem
will be discussed here in detail.
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Oracle 9i Designer 2000 uses UML class diagram for databases. There is no
UML diagram for process modelling. Instead process diagrams are used.
Therefore, all processes presented (in figure 5.2, 5.5 and 5.7) in the following
sections are developed in Oracle 9i Designer 2000.
For second part of experimental testing for data quality, there is other two
software. ESRI ArcGIS is employed for construction and manipulating of
cadastral databases using ArcCatalogue and ArcMap. ERDAS Imagine
software is used for processing digital images (aerial photographs and IKONOS
images).
- initial database structuring and loading: for clarity reason, this title is given
here instead of initial data loading/structuring
- parcel subdivision: similarly this title replaces subdividing parcels
- full transfer of ownership: This is only a part of transfer of ownership
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Organisational Prototyping and Quality Aspects
This process does not interact with the actual customers, but it is the most
fundamental process in building up a PBGIS that consists of both spatial
cadastral and ownership data in the organisations. In the prototype, three main
departments are involved in carrying out the activities of this process in the
Nepalese context. Setting up and managing databases is the responsibility of
the Department of Land Information and its information management section;
spatial data loading into the database is the task of the district cadastral office
under the Department of Survey; and entering data about ownership, mortgages
and restrictions is the responsibility of the district registration office under the
Department of Land Reform and Management. The topographical survey
branch supplies only topographical data or ortho-images for the districts. In this
prototype, preparing large-scale foundation data is not included. It requires
more resources and time and can be considered as a separate business process
of the topographical survey branch, and it is possible that the funding
mechanism may be different for this process because there are more users who
are interested in topographical or ortho-image data.
The district cadastral survey office has five sub-processes, namely collecting
cadastral maps for conversion, scanning them, on-screen digitising together
with integrating topographical data (or ortho-images), topological editing, and
loading cadastral parcel data into the district spatial databases. Three sub-
processes could be computer-based, while the other two processes of collection
and archiving can be manual without computer support.
149
150
Chapter 5
Similarly, the district registration office has three sub-processes, of which the
sub-process data entry on ownership (including mortgage and restriction) and
certificates is computer-based, while the other two sub-processes of collection
and archiving records are purely analogue-based.
With respect to data collection about duration (including elapsed time), cost
and salary for sub-processes, they are collected from experienced and senior
officials from various departments. These data are then entered in designed
process models. Some data (i.e. topographic data reformatting and scanning,
archiving), however, are estimated, because they have limited experienced.
Total estimated duration is around 2.5 years (without holidays) for about
500,000 parcels with working 6 hours in a day.
Figure 5.3 suggests that the most time-consuming sub-process is the on-screen
digitisation of cadastral maps, followed by the establishment of databases and
user interfaces, and then the collection of cadastral maps.
500
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Figure 5.3: Estimated duration for initial database creation and population
The argument for the considerable time taken in collecting cadastral maps is the
poor storage situation in the district cadastral offices and the considerable of
indexing them.
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Again, for the resource in term of workload, figure 5.4 shows that the DoLIA
contributes 42% of the effort by setting up the databases and making sure that
the data are correct and logically consistent, and the district cadastral office
similarly contributes 41% with data conversion, loading and assuring quality by
comparing with either topographical data or ortho-images.
"DISTRICT "DEPARTMENT
CADASTRAL OF LAND
OFFICE" INFORMATION"
41% 42%
"DISTRICT "TOPOGRAPHIC
REGISTRATION SURVEY
OFFICE" BRANCH"
13% 4%
These figures were validated by key officers in the Department of Survey for a
district. These key officers indicate that they have a very limited experience of
officers on the establishment of databases including ortho-photo production. So
far their experience is restricted to only non-spatial data. The total estimated
cost is likely to be around 350,000.
Similarly, the results were compared with data obtained from the Survey of
Bhutan. In Bhutan, it is the only organisation involved in establishing and
implementing a land information system with foreign assistance. Their
estimated figures suggest a tremendously low cost and short time for
completing this process for 500,000 parcels. The total estimated cost is about
100,000 for one year. In this estimation, the process does not include
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Assuming that private practices in surveying are allowed, two main clients
(landowners and surveyors) are involved in this business process. Private
surveyors are involved in interacting with landowners and district survey
offices (see figure 5.5). There are thirteen sub-processes and they are designed
in Oracle 9i designer. The result is presented in figure 5.5. Based on the
authors experiences, the data about time, cost and resource required are
estimated for subdividing a parcel into two parcels. Cost per hour is estimated
for each sub-process on the basis of the salary and daily allowance for a
surveyor and two survey assistants. It also includes running costs such as
renting vehicle, surveying equipments and other materials. On the basis the
authors field experience, estimated time is entered for each sub-process
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Total estimated duration to subdivide a parcel into two parcels is about 15 days
in an area where there is easy access by road. To optimise time and cost spent
on this process, it is common to wait for other subdivision requests and carry
out demarcation and survey execution in one time.
In this process, most of the activities take place at the district registration
office, and lekhandas (i.e. writer in Nepal) or notaries initiate the process by
preparing preliminary agreements and making sure that process steps are
correctly executed. Lekhandas also makes sure that products (e.g. new
certificates and parcel maps) are delivered against payment of fees.
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6
5
4
3
2
1
0
Make Deed
Verify Deed
Investigation
Databases
of Transfer
Scan and
Clients and
Prepare land
and parcel
certificate
Deed and
of transfer
map, and
Preliminary
archive
Register
Pay fees
and parcel
ownership
certificate
Update
Deliver
Inform
Making
and
Sub-processes
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Verify Deed of
Scan and archive
transfer
7%
9%
Inform Clients and Register Deed and
Pay fees Update Databases
2% 19%
From the above, a number of implications for the organisational structures can
be analysed at the policy, management and operation levels.
At the policy level, the business processes must match the well-defined
objectives of the organisation in view of societal needs, ensuring equal access
to services by all people regardless of race, group or caste and the system
must be economically viable.
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Organisational Prototyping and Quality Aspects
At the operational level, the process steps are appropriately assigned to the
organisational units as part of workflows to complete a business process, and
the organisational unit is given the responsibility for sub-processes as part of
strategies and objectives. Customers and stakeholders are properly informed
and supplied with the products and services as required. The prototypes suggest
careful consideration of critical parameters on restructuring the organisation
with regard to the redistribution of resources and activities, because each
process or activity requires time and finance to complete, as well as resources
such as hardware, software and trained manpower. Critical parameters concern
orientation towards customer, product, process, task and task ordering
(Tuladhar, 2004).
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The combination of the different parameters may benefit from the advantages
of the individual parameters. Thus, the above parameters can be used for
restructuring the organisation based on the process characteristics.
From the system modelling point of view, product quality is concerned with
evaluating and improving the quality of data models (such as class and object
models) and products (such as deeds, certificates, parcel maps), whereas
process quality is concerned with improving analysis and the design process for
the entire system life cycle.
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Product quality is important to ensure that the data model is free of defects and
has correct structure so that a database can be built and the final products meet
user requirements. Nonetheless, process quality is more important in the wider
organisational context, in order to improve the organisations ability to
efficiently deliver high-quality PBGIS services and products.
Results in
System Product
models quality
Inputs to
Results in
Services Product
Data quality
Figure 5.10 shows the integration of process and product qualities in the system
development phases.
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Although the scope of this research is limited, it argues that, if the organisations
do not take care to remove a defect discovered during the requirement phase, it
would probably cost much more. This research suggests that much effort should
be spent during the early development phases to catch defects when they occur,
or to prevent them from occurring altogether.
The quality factors for PBGIS models are strongly influenced by the interested
stakeholders. This includes both upstream participants (people who provide
inputs to the modelling process) and downstream participants (people who use
the models). The main stakeholders in the data modelling process may be
categorised as follows:
From the perspective of business users, eight factors contribute to the quality of
the data model, as shown in Figure 5.11:
- Completeness: This refers to whether the data model contains all the
requirements. Two situations may occur in the process. The first is
obviously missing requirements. Correcting these errors can lead to
indirect cost saving, as the cost of adding these requirements later on in the
life cycle would be much higher. For example in PBGIS, if some necessary
data elements such as land tenants along with landowners are missing and
not collected during fieldwork or the adjudication process, collecting them
at a later stage would cost the organisation much more. Secondly, if
unnecessary requirements are found in the data model, unnecessary money
would be spent on the development of the system. To detect if model is
complete or not, system models are compared with the requirements of
PBGIS domain.
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Data Model
Quality
- Flexibility: This is defined as the ease with which the data model can cope
with business and/or regulatory change. Too many constraints in data
model decrease its flexibility. Basic constraints, that are least affected by
regulatory change, are introduced at database model. Other constraints that
are affected by policies or business rules are normally placed at business
application model.
- Understandability: This is defined as the ease with which the concepts and
structures in the system model can be understood. For this, metadata is
essential and is communicated to all stakeholders. Continuous evaluation
is required.
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entities and relationships in a data model so that the data can be collected
and stored at the minimum cost.
- Integration: For the system administrators, the data must be consistent with
the rest of the organisations data for integration purposes. During
development of system models, all stakeholders are involved. Data
standards are formulated for each class with subsystems. Any
discrepancies are communicated among users. All users follow same
standards.
One of the problems often faced by the system developing team is to visualise,
evaluate and communicate the quality aspects of data models (specifically
models such as data models). In this research, a kiviat diagram is considered as
a suitable candidate from the management perspective.
Flexibility
Implementability Integrity
Correctness Completeness
Simplicity Understandability
Integration
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In order to conduct the quality review of the data model, the following steps are
needed.
- Tabulate them and translate them into forms of questions for interview.
Questions are formulated in detail enough so that all stakeholders can
answer them.
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Flexibility
Implementability Integrity
Correctness Completeness
Simplicity Understandability
Integration
As discussed before, the quality of cadastral data is important for land owners
and other users. This section is limited to the experiments concentrating on the
accuracy of the spatial data collected from the existing system in Nepal. The
results are presented on the geometry quality of the existing cadastral maps, its
comparative quality with orthophoto of aerial photographs and IKONOS
images.
This test was conducted in the northern part of Kathmandu city by comparing
the areas and perimeters of the existing cadastral map data and newly collected
data in the field using theodolites and measuring steel tapes. The test area is
more or less flat, and is located in the suburban area of Kathmandu.
The hardcopies of the existing cadastral maps and district field books
(including ownership information) were collected from the Kathmandu district
survey office of the Department of Survey in Nepal. Then these maps were
digitised on a high-quality digitising table available at ITC, Enschede, using the
coordinates of the ground control points and grid corners of the maps. The
digitised digital data were converted into coverages in the ESRI Arc/Info
format. The areas and perimeters of each parcel are automatically computed
while building the topological structure in Arc/Info software.
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During fieldwork, the owners and their neighbours showed the boundaries to
the survey team. The survey team checked the boundaries against the existing
maps, but measured only the boundaries shown by the owners and their
neighbours. The survey team of three assistant surveyors for measuring,
recording, identifying and checking boundaries was led by a senior surveyor
from the cadastral office of the Department of Survey. All data (parcel
numbers, bearings and distances) were recorded in the standard format.
These recorded data were inserted into another layer in ESRI Arc/Info, using
the COGO functions. It is designed primarily for converting field survey data,
traverse data entry, adjustment, and the construction of new objects. Many of
its operations can be used in applications requiring accurate coordinate
geometry for data entry and manipulation.
After comparison, the average size of land parcel area is 157 sq m, while the
maximum and minimum sizes are 1575 sq m and 9 sq m respectively. The
average size of perimeter is 46 m, while the maximum and minimum sizes are
213 m and 9 m respectively.
Distribution of errors in Areas for sample Distribution of errors in Perimeter for sample
parcels parcels
25.0 1.5
20.0 1.0
Errors in Areas (in sqm)
15.0
0.5
10.0
0.0
5.0 1 4 7 10 13 16 19 22 25 28 31 34
-0.5
0.0
-1.0
-5.0
-1.5
-10.0
-15.0 -2.0
(a) (b)
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The comparison shows that maximum errors and minimum errors in areas are
19 sq m and 0.2 sq m, and maximum errors and minimum errors in perimeters
are 1.4 m and 0 m respectively. The analysis in figure 5.14 shows that the larger
the area, the larger the errors that seem to occur in that area. However, the
overall errors of 1.2 sq m in area and 0.2 m in perimeter are quite justifiable,
because the technique used in cadastral mapping in the existing system in Nepal
is manual, using the plane table technique with measuring staff and telescopic
alidade for observing distance and slope. In this system, errors are more easily
accumulated in the large and hilly parcel areas than in the small and flat areas.
There are two methods that use the digital images of the stereo-aerial
photographs for testing cadastral parcel data.
The first method uses the digital photogrammetric stations where the stereo
models are constructed, using digital stereo-aerial photographs (at least
25micron of pixel size) with 60% forward overlap and 25% side overlap and
sufficient control points (mainly from aerial triangulation). In such stations,
GIS software is integrated to facilitate collecting data and merging digital data
and images in 3D stereo-models. Thus, old cadastral and topographical
databases can be accessed by such a system, where recent images are oriented
absolutely and displayed on the screen in the correct coordinate and projection
system. By analysing integrated images and other data, old existing data can be
either evaluated or updated in line with new images.
Once ortho-images are produced and they are stored in an image database. The
existing cadastral data and ortho-images are visualised in simple GIS desktop
software (such as ESRI ArcView and ESRI ArcExplorer).
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The diapositives were scanned at the resolution of 500 dpi at ITC. The ortho-
photo of the left photograph was then produced for the northern part of
Kathmandu city, using ERDAS Imagine software.
Both the cadastral parcel data and the digital ortho-images of aerial
photographs were merged in the national geodetic coordinate systems, using
ESRI ArcGIS software. Figure 5.15 shows the merged images made as part of
the test.
Forty-two parcel boundary points were selected, covering six cadastral map
sheets and seven points in each sheet. These points were interactively identified
in the maps, as well as in the image, and the discrepancies between them were
measured using the ArcGIS measuring tool. These points are cadastral
boundary points that are visible in the image. The overall discrepancy over this
area was found to be 1.8 m. The high discrepancy, maximum 6 m, was found
in the west part of the area. This is primarily due to the forest coverage and
mountainous terrain, and it is difficult to identify boundary points correctly in
such areas. This can also be attributed to the low quality of digital elevation in
the forest areas. Low discrepancy, as low as zero, is also found in the flat areas,
where boundaries are clearly visible in the images. The overall matching of
cadastral parcel boundaries with natural boundaries such as walls and ditches is
quite acceptable.
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Figure 5.15: Merging cadastral parcel data (in green) and ortho-images (b/w
aerial photographs)
Looking at the merged image in GIS, it is observed that in the many parts of
areas some local shifts of cadastral boundaries seem to occur in the existing
cadastral maps. By employing local spatial adjustment methods available in the
GIS tools, systematic shifts and local adjustments can easily be made. This
reconciliation process can improve the spatial data, to achieve uniform
accuracy throughout the areas.
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Figure 5.16: Merging cadastral parcel data (in orange) and IKONOS image
(pan)
There are many boundary changes in some places in the upper and lower right
portions of the area, and hence it is difficult to identify the boundary points
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with certainty. Thirty-six boundary points are identified on both map and
images. The discrepancies are measured using the ArcGIS measuring functions.
Surprisingly, the overall discrepancies are estimated to be 3 m, and the
maximum and minimum values are respectively 5 m and 1.1 m.
Figure 5.17: Merging cadastral parcel data (in orange) and colour composite of
IKONOS images (MS bands)
Figure 5.17 shows the IKONOS image (MS band), together with cadastral
parcel boundaries in orange. Visually, this is much better for identifying hard
objects such as buildings and roads. Interpretability for parcel boundaries is
still comparable to the IKONOS image of the panchromatic band.
The changes are better interpretable in the IKONOS image (MS bands) than in
that of the panchromatic band. The cadastral maps are 20 years old, while the
images date from September 2001. Along the riversides, there is much
development. By combining these images with topographical features, new
features such as buildings, changes in minor roads, and changes in river course
are easily detectable.
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perspective image is then created and displayed in ArcGIS software using the
data stored in the Oracle database, and IKONOS image.
The analysis of the above tests suggests that the quality of cadastral parcel
boundaries can be upgraded by using interactive editing functions of simple
GIS software by integrating cadastral data with IKONOS images and/or
topographical data.
Figure 5.18: Perspective view: cadastral parcel data and topographical data with
IKONOS image (MS bands)
This chapter has clearly identified three components that emphasise the
prototypes and quality aspects of business processes in the context of PBGIS.
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The first component is the prototyping of three business services, which shows
that there is a direct link between the business services (including the lower-
level process steps) and resources (such as people, hardware and software),
including time and cost. They are guided by policy objectives at strategic,
management and operational levels. The success of the service initial database
structuring and loading is dependent on the cooperation, coordination and
financial arrangement of three departments in Nepal. The most expensive part
of this service is data conversion, followed by setting up databases. The
topographical database needs to be separated from the cadastral database, as it
requires financial and technical resources different from cadastral activities.
Up-to-date data are always needed for parcel subdivision and full transfer of
ownership. The data are accessible via SDI.
The second part of this chapter concerns the quality aspects of data models. In
order to achieve best quality, it is emphasised that the concept of process and
product quality, similar to the concept of total quality management, is applied
as part of the system development. The chapter identifies eight major quality
parameters that affect data models. These parameters are completeness,
correctness, flexibility, integrity, simplicity, integration, understandability and
implementability. In order to review the system model as a PBGIS, this chapter
recommends a simple approach using a kiviat chart, whereby the manager can
decide which parts of the system have to be revised as a result of the quality
review. The classification or ranking of quality factors in the review procedure
is subjective. More research is needed.
Lastly, the experimental tests indicate that integrating the existing digital
cadastral data with aerial photographs or IKONOS images improves the quality
of existing cadastral data.
In Nepal, the cadastral data contain all kinds of parcels, covering entire areas,
and topographical details that include roads, buildings, rivers and temples.
Buildings should be part of cadastral data as they are vital to property value,
which includes building value too.
Although no experimentation has been carried out using the data from Bhutan,
it has been observed that the cadastral data contain only private cadastral
parcels, with some features such as rivers and roads (see the cadastral maps in
Appendix 6). Looking at Chapter 3, where the cadastral system in Bhutan is
explained, the cadastral parcels belong to communities, religious bodies, the
public and government. They need to be surveyed and registered in the
cadastral databases, as in Nepal. All topographical features are also needed in a
separate database.
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Chapter 6
6.0 Introduction
The previous chapters show that there are many complicated processes in
implementing a PBGIS for delivering full benefits to society, and these
processes relate to land tenure, cadastral and land registration systems, property
valuation, system models, Geo-ICT and organisation. This chapter presents the
essential elements as part of the guidelines for PBGIS development and
implementation. These elements relate to factors and activities that strongly
influence the development and implementation of PBGIS to achieve the system
goals.
This chapter consists of four sections. Section 6.1 highlights critical success
factors that contribute towards the goals of PBGIS. Section 6.2 discusses goals
and activities in the specific cases of Nepal and Bhutan, addressing critical
success factors as guidelines. Section 6.3 proposes guidelines within the
organisational context of Nepal and Bhutan.
According to Bogaerts (1994, 1995, 1999a), the most critical success factors for
cadastral systems are legislation, organisation, financing, data and its quality,
technologies used and human resources. Among these, organisation and
management are most critical in the context of the Phare Countries (Bogaerts,
1999b). Along these lines, there are two documents available as guidelines for
land administration. First, the UN-ECE (1996) provides a series of guidelines
covering the broad understanding of land issues and the role of land
administration, while the UNCHS (1990) elaborates guidelines for the
improvement of land registration and land information systems in developing
countries (with special reference to English-speaking countries in Eastern,
Central and Southern Africa). The study shows that these guidelines do not
focus in detail on the system development process issues (users needs, data
and process models, system architecture, etc.). The implications of evolving
Geo-ICT in the implementing organisations are too many. Hardware and
software are changing quickly, and are costly to purchase and maintain.
Communication networks and human resources are both limited. But
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Critical success factors (CSFs) are those factors that determine the
achievements (e.g. success or failure) of implementing PBGIS. The CSFs are
strategically based on the definition of the goals and the activities required to
satisfy the goals. Since the market-driven quality of PBGIS depends on the
critical factors as defined by Bogaerts (Bogaerts, 1995, 1999a) for the
development of secured land tenure, reliable land markets and sound
environment protection, the use of CSFs is considered to be crucial, as well as a
means of providing guidelines for developing and implementing PBGIS in
developing countries such as Nepal and Bhutan.
Guidelines
Sub-goals
Critical Success Factors
Activities
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Based on the above-mentioned literature, the following CSFs are relevant to the
development and implementation of PBGIS:
The CSFs are discussed in the following sections within the scope of the goals
and activities for PGBIS implementation.
From the management perspective, the goals can be categorised into main goal
(long term) and sub-goals (short term) for Nepal and Bhutan. The main goal of
PBGIS is generally derived from the mandate (or land laws/land policy).
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- Revising land acts: This applies to existing acts, with a view to including
laws regarding customary areas and laws related to apartments.
- Introducing specific acts on land parcel boundaries for urban and rural
areas.
- Introducing land acts for property valuation, focusing on market values
and equitable property taxation.
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Directive of the European Union, member states are required to bring their
national legislation in line with the directive. This directive applies to any
operation or set of operations that is performed on personal data by
computers. It also deals with the protection of privacy in
telecommunication, and member states must guarantee confidentiality
through national legislation (EU Directive 95/46/EC, 1995).
Chapter 5 indicates that the structure of the existing organisations within the
Ministry of Land Reform and Management (particularly in Nepal) is highly
ineffective in responding to the efficient operations of cadastral processes
because each process passes through three or more organisations. The same
situation also exists in Bhutanese cadastral systems: it runs through several
organisations. The goal includes restructuring organisations by establishing, or
restructuring existing, high-level committees at political, organisation and
technical levels to ensure greater efficiency and effectiveness in the
development and implementation of PBGIS. The following activities might be
useful in achieving the goal:
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The Bathurst Declaration (FIG, 1999; UN-FIG, 1999) called for a global
commitment towards investing in land administration infrastructure and equal
access for men and women to land-related opportunities. So land administration
involves various actors as its infrastructure requirements (Groot and van der
Molen, 2000). As part of capacity building in land administration, the purpose
of the human resource development (HRD) goal is to re-educate and re-train the
managers and operational staff (of the departments and ministries) to take
advantage of the opportunities offered by Geo-ICT to satisfy the changing
requirements imposed by the users. Such a programme improves the skills and
capability of existing staff to develop, maintain and implement the PBGIS. It
should be carried out on the ongoing basis of workshops or training
programmes by specialised institutes or universities, focusing on information
management and technological aspects as human resource development.
Activities would be:
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This sub-goal aims to develop and implement the PBGIS by creating databases
that will be maintained and accessed by the automated processes related to
cadastral survey, land registration and land valuation, in order to provide
efficient land administration service delivery to the general public. Priorities in
implementing PBGIS services at district offices should be based on the land
management needs and land market needs. The following can be laid down as
the activities needed to achieve this goal:
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- Converting land registry data and cadastral maps into a digital database.
Because of the complicated processes in handling cadastral map data, it is
important to start with the registry data, which are in the form of registry
books. After getting enough experience, cadastral maps should then be
converted.
This is one of most important goals for the PBGIS and aims at archiving
documents such as land records, cadastral maps and field sketches to keep them
secure from disasters such as fire, earthquake, theft and from other factors. This
is also important for maintaining history, if deed registration system is adopted.
The following activities are laid down to achieve this sub-goal:
- Developing the central archiving system. This activity is most important for
archiving valuable documents such as agreements, land ownership
certificates, court orders, field sketches and cadastral maps for historical
purposes. They are necessary in case of land disputes and of being required
by the district courts.
- Developing procedures for scanning and archiving all documents. They are
scanned and stored into a database management system managed by the
central office. Later on, access to these documents can be gained via intranet
or Internet at all district offices.
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Services and products are mostly delivered at district offices. There are
also some services that are needed to deliver from central office.
- Operating PBGIS services at the district offices. Cadastral, land registry and
valuation services and products are delivered at these offices. Workflows
should be developed on the basis of standards. The flows must be supervised
so that there is always very good communication between operators.
Scheduling must be followed so that more resources can be allocated
depending on the number of land transactions. These services require
services such as updating or access to central databases from central office.
The products are delivered to customers only after updating takes place in
central databases.
- Operating PBGIS services at the central office: Data are disseminated from
one central office. This is required to deliver the same information at all
time. Internet/web technology is used for this purpose. Updating services are
made available so that every district makes use of the same procedure and
standards.
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Technical,
Factors Institutional,
Organisation, Standards,
Legal,
Management Quality
Financial
management
Activities
1. Revise land acts x
2. Introduce new property laws x
3. Introduce copyright laws x
4. Data protection and privacy laws x
5. Establish a high-level committees x x
6. Restructure executing organisations x
7. Establish Geo-ICT department x
8. Organise the local activities under single office at x
district
9. Seek external funding x x
10. Develop and conduct awareness programme x x
11. Develop and conduct inter-departmental training x x
programme
12. Develop and conduct academic programme x x
13. Seek foreign advisors x x x
14. Develop information architecture x x x
15. Develop PBGIS models x x x
16. Install infrastructure x x x
17. Develop standards x
18. Convert analogue data to digital DB x x
19. Develop valuation model x x
20. Operation at district offices and central office x x
21. Develop and implement central archiving system x x
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Another important factor often addressed in the access and use of geographical
information is the cultural habits of the society. de Man (2003) finds that
culture and institutions guide individual actions and behaviour in solving
spatial problems where both access and use of geographical information and
technologies are embedded in the culture and the institutional arrangements of
the society. Four main dimensions of culture influence the acceptance of
information technology (Hofstede, 1997; Groot and McLaughlin, 2000). These
are:
Where section 6.2 has addressed issues and CSFs as guidelines, this section
primarily identifies items as guidelines or activities needed for system
development for PBGIS within the organisational context in Nepal and Bhutan.
There are fourteen items that need utmost attention for development of the
PBGIS. These items are given below:
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units. They define what information (data model) a system must manage and
process, and provide details on how information is used by business activities.
They allow quick prototyping of the organisational management, data and
interfaces needed to carry out functions according to the strategic goals or
objectives provided at policy level.
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Organisations must have maintenance contracts with the hardware and software
vendors for repairs and new versions. Normally, when we purchase software,
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yearly licence fees have to be paid to use them. This allows the organisations to
automatically obtain new versions of the software as part of the maintenance
programme.
A process model serves two purposes. First, it provides information about the
required input data, the process steps, and the output products. It has direct
influence on the requirements and business objectives. Secondly, it provides
organisations with information about the resources required to complete that
process.
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There are many users around the country, ranging from surveyors, lawyers,
real- estate brokers, municipalities, district offices, tax offices, banks to
ministries. To query information from PBGIS, we need user interfaces that
display the same information in the same fashion on their computer screens.
Sophisticated user interfaces are developed for more detailed information and
for transaction processes. At every district office, a GIS system and appropriate
user interfaces supporting the processes are installed. For exchanging bulk data
between organisations, appropriate media such as CDs may be employed.
Since there are many maps and registers, it is essential to develop standard
procedures for data conversion for digital databases. These procedures can be
used for digitising maps and land registers.
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Lastly, the system development team must follow the TQM concept, focusing
on both process quality (of development phases) and product quality in data
models, process models, standards and procedures, input data, intermediate
products, and products and services that go to the clients.
During the development phases, all items (related to strategic planning, analysis
and design, construction, deployment and maintenance) must be documented
for a number of reasons. The people inside the organisation must have access to
this documentation to ensure continuous future improvement.
The critical success factors relevant to the implementation of PBGIS are the
institutional, legal, financial, organisational, management and technical aspects,
and standards and quality management. A CSF approach is formulated and it
relates to defining goals, sub-goals and activities concerned with the
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Once the goals and sub-goals have been defined, activities related to these sub-
goals are identified. There are six sub-goals, namely, revise land policies/acts,
including copyright laws and pricing policy, restructure existing organisations,
develop human resources, develop and implement a nationwide PBGIS, build a
document archiving system, and lastly provide services and products. The
interrelationships between CSFs and activities are tabulated, and the result
indicates that organisation and management are the most critical factors,
followed by technical aspects, standards, and quality management. Institutional,
legal and financial aspects are equally important in Nepal. System models
including processes affect organisation and management.
The fourteen guidelines given below need the utmost attention in the
development of a PBGIS:
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Conclusions and Recommendations
Chapter 7
7.0 Introduction
7.1 Conclusions
The motivation behind this research basically relates to the fact that the existing
systems of cadastral and land registration are unable to meet the needs of
present societies in Nepal and Bhutan. Thus, this research has focused
primarily on land tenure issues, analysis of existing systems, developing system
models, organisational implications, quality issues and implementation
guidelines, based on the needs of users and their requirements.
Conceptual framework
These elements play the dominant roles in reengineering the existing systems
and developing system models in PBGIS.
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Chapter 7
Land tenure systems: Land issues feature prominently on the agenda in many
countries. Different forms of land tenure system exist around the world. While
they are very much influenced by western land laws, there are continuous
changes occurring in the developing countries in a shift towards a market-
based economy. Customary lands in the rural areas and informal settlements in
the urban areas, which often involve gender issues, are under constant debate,
with land access for the poor high on the government political agenda.
Different forms of land rights exist to enabling access to land. Not only
individual rights exist but also there are customary rights, informal rights or
community rights. Moreover, indigenous persons in customary areas look at
their land more as territorial rights than individual rights. The relationship
between person and land vary from country to country depending upon
political system, social system, culture and tradition, and lastly economical
situation.
194
Conclusions and Recommendations
situation in Nepal and Bhutan in the light of these principles reveals that the
present systems are poor and have inadequate capacity for acquiring,
processing, maintaining and supplying cadastral information.
(a) Historically, Nepal has had at least six forms of land tenure, but now has
only two forms, which are currently operating under the Ministry of Land
Reform and Management (MLRM). This transformation was due mainly to
the pressure for suitable land for various purposes and to the difficulty in
managing all forms of land tenure.
(b) The land is protected and managed under land laws and acts, as described
in Chapter 3. Under these acts, the initial registration process, including
adjudication, demarcation, surveying, recording, and issuing certificates, is
conducted by the Department of Survey. When a district is completed, all
records except cadastral maps are given to the District Land Revenue
Office for maintenance. The district office using the improved deed
registration system handles the transfer of land by sale, gift or inheritance,
while the district survey office maintains the surveying and mapping.
(c) Land classification is done mainly for the purpose of land taxation and is
approved by a special committee. The system is complex, and there is no
official valuation system except for expropriation. Thus land tax system is
not reliable.
(d) In the early 1990s, the computerisation of land records started, partly
supported by the SwedSurvey experts and private companies. A new
195
Chapter 7
(e) Based on the SWOT analysis of cadastral and land registration systems in
Nepal, the most critical challenges are the political support, leadership,
responsibilities and cooperation; the lack of institutionalised information
and archiving systems; increasing land disputes; inappropriate
organisational structure and culture; and inappropriate business processes,
management capacity, and financial mechanisms.
(a) The land management and registration system in Bhutan focuses mainly on
fiscal purposes, although there are very strict rules and regulations under
the 1979 Land Act for the transfer of land.
(b) The Survey of Bhutan is responsible for the initial registration and cadastral
processes and collaborates with the Ministry of Home Affairs, Dzongkhag,
Gewog, forest office and the public.
(c) The process to transfer land is initiated by the local court of the Dzongkhag
office and must be registered at the Land Record Office of the Survey of
Bhutan in Thimphu.
(d) There are also six main types of land use for land taxation. There is no
official land valuation model for taxation, except for expropriation as in
Nepal.
(e) In 1991, the computerisation of land records started under the guidance of
SwedSurvey experts. The system does not have direct contact with the
clients or allow them to access information. Communication is strictly
based on the administrative hierarchy. The responsibilities at the district
offices are not clear to the working staff. There is no adequate legislative
framework for mortgaging land or for ownership of apartments.
System modelling
196
Conclusions and Recommendations
(a) The modelling phase consists of analysis and design and is identified as
part of the object-oriented system development life cycle, as shown in
Chapter 4. The use of standard language such as the unified modelling
language (UML) is orchestrated, as it supports the incremental approach
and reuse of components. This is particularly important for adopting
changing needs identified by a PBGIS domain. The applicability of use
case, activity, class, and sequence and state diagrams is demonstrated in the
cadastral domain. Organisational, functional, dynamic and static models
give a complete view of the system models, and provide an approach for
systematic development of system specification using the UML.
(b) The subsystems (cadastral surveying, land registry, property valuation, and
dissemination) of the PBGIS are presented with detailed descriptions of
static and dynamic models, including the services and products. Starting
point in the static models is FIG core data model, in which real-estate
object, right or restriction and person are core classes for the cadastral
domain. This domain model focuses on transactions of real-estate objects
within individual rights or restriction supporting stimulation of land
markets. In this research, because PBGIS domain is a broad-based, Static
model for land objects are extended to land administrative objects, land
resource objects, legal (real-estate) objects and topographical objects, and
are developed using the UML package and class diagram. Geometry and
topology are linked to ISO TC211 and OGC standards. Static model for
person is further specialised to natural person and non-natural person
(which is further classified into trust, government and registered
organisations. Relationship between person and land objects depends on
the way a person holds and uses rights or restriction on land, and takes the
responsibility on the use of land. Hence, a (FIG) core model can be
extended firstly from real-estate objects to non real-estate objects
(containing land administrative objects, land resource objects, and
topographical objects) and legal (real-estate) objects. Secondly it can be
extended from the right or restriction to responsibility.
In order to capture the dynamic aspects of the systems, the use case models
for the parcel subdivision process and the dissemination subsystem are
presented to capture the needs of external environment including users of
the PBGIS. The activity and state diagrams are used to capture internal
views of the PBGIS showing how a certain use case (or combination of use
cases) is realised to deliver reliable products and services. Thus system
modelling presented in this research has added values, such as
synchronising external requirements (users) and internal requirements
197
Chapter 7
To link the system models specifically with organisations, the framework for
organisational prototyping of business processes is proposed. Secondly quality
factors are identified for system models and continuous quality review is
proposed. Lastly experimental tests on the real cadastral data sets are performed
and compared with ortho-photo and IKONOS images, as most users are always
concerned about the quality of data delivered from PBGIS.
(b) Quality aspects of system Models: It is also argued that removing defects
discovered in the analysis phase would cost much less than fixing them in
the post-delivery phase. So, emphasis in removing defects must be given to
the system modelling and testing phases.
Product quality and process quality are combined as part of the system
development phase. The quality factors specific to system models are
completeness, correctness, flexibility, integrity, simplicity, integration,
understandability and implementability. In order to review these factors of
the system model, this research identifies a simple approach using a kiviat
chart, whereby a project manager can decide which parts of the system
have to be revised as a result of the quality review. But classification of
ranking for quality factors in review procedure is still subjective.
(c) Experimental tests: There are three experimental tests. The first test is on
the accuracy of parcel areas on cadastral map compared with field
measurement data in Kathmandu area. The comparison shows that
maximum errors and minimum errors in parcel areas are 19 sq m and 0.2 sq
m, and maximum errors and minimum errors in perimeters are 1.4 m and 0
198
Conclusions and Recommendations
Using above techniques the reliability of the existing cadastral data can be
improved and the accuracy is brought to a uniform level. Thus overall
results show that the quality of the existing cadastral data can be improved
by integration with digital ortho-photographs or IKONOS images in a GIS
desktop computer.
The last item of this research is to present some essential issues as guidelines
for the implementation of PBGIS. The conclusions are drawn as outcomes.
(a) Critical success factors (CSFs): CSFs are used as the starting point of the
approach for devising guidelines. This approach consists of (i) definition of
goal and sub-goals of the system, (ii) definition of activities, and (iii) their
implementation. The most critical factors related to PBGIS are institutional
support (including political support), legal, finance, organisation (including
coordination and cooperation), management (including market orientation
and information requirements), technical issues (including system
development, system installation, and infrastructure), standards and quality
management. Six sub-goals are presented and discussed in the section 6.2
of the chapter 5. These sub-goals are related to the CSFs including
changing needs of the markets. The activities are formulated from these six
199
Chapter 7
goals, and interrelated with the CSFs. Most influencing CSFs for a PBGIS
are found to be organisation and management (including domain models of
information requirement) followed by technical parts (system development,
system installation, infrastructure), standards and quality management.
(b) Guidelines for implementation: The guidelines are formulated from a set of
the activities. There are fourteen items as guidelines that needs utmost
attention for development of the PBGIS. These items are given below:
At the end, to cope with the changing requirements occurred both from land
policy and Geo-ICT perspectives, the use of a learning model (i.e. prototype,
evolve and measure) is motivated both for the organizations and PBGIS system
development.
7.2 Recommendations
Several issues are identified below as recommendations for further research and
development in the context of PBGIS.
(a) With regard to land tenure systems, research on defining and integrating
spatial units, rights, and responsibilities of customary land with PBGIS is
strongly recommended to suit to the local circumstances. In Nepal, land
belonging to the trust (Guthi) organisation is seen as a burden, not as a way
to manage sustainable agricultural development. Research is needed to
investigate issues regarding Guthi land.
200
Conclusions and Recommendations
(b) In Bhutan, the current system covers only private land. It is not known how
public, government and community land are managed. The existing system
does not register these lands. Further research on the administration of
public, government and community lands is therefore recommended. These
different types of land should be brought under a single cadastral and land
registration system.
(c) Both countries lack official valuation methods for taxation purposes.
Therefore, it is recommended that research into land valuation systems,
including building, be conducted. This is required as a base not only for
equitable taxation but also for effective evaluation of the land market as an
input to the gross domestic product of the national economy.
(d) Thorough research is carried out to identify gaps and overlaps in land laws.
These investigations should include apartments, water rights in lakes and
rivers, underground objects, mining and other 3D objects (including 3D
objects on and inside the mountains). Even streams run inside caves inside
the mountains. Additional research is required to model them.
(e) Since this research focuses only on the system modelling approach and
guidelines, it is recommended that further research be carried out on
information infrastructure architecture, focusing on a wide range of users
within the context of geospatial data infrastructure (GDI) at local, regional
and national levels.
(f) This research did not mention electronic conveyancing. The speedy
delivery (from notary to land registrar) and registration of deed documents
is vital from the client perspective. Research on the feasibility of such
electronic conveyancing for countries such as Nepal and Bhutan is
recommended.
(g) This research assumes that field survey documents are scanned and stored
in a separate field sketch database. Further research is necessary to
integrate field survey measurements with a cadastral database.
(h) This research work indicates an approach for aligning processes and
organisational structure in an organisational prototyping concept.
Therefore, further research related to organisation restructuring is needed
within the context of Nepalese and Bhutan societies.
(i) Since the organisations are already using some kinds of Geo-ICT
components, they do have some experience. This research further
recommends investigation into the Geo-ICT process maturity levels.
201
Chapter 7
202
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222
Appendices
Appendices
Appendix 1: Land Classification in Nepal
Land classification in Nepal is divided into three sectors, details of which are
given below.
Urban sector: All municipalities fall under this sector, and land is usually
classified into six classes.
- Class A (Ka): parcels with all town facilities, main shopping centre, and
parcels connected to main road
- Class B (Kha): parcels connected to parcel class 1 or near class 1 but
connected to secondary road
- Class C (Ga): parcels connected to parcel class 2 or connected to branch
road
- Class D (Gha): parcels connected to parcel class 3 or connected to the
street
- Class E (Ang): parcels connected to parcel class 4
- Class F (Cha): parcels not connected within parcel classes 1 to 5 or parcels
without town facilities
Tarai and Valley sector: This sector consists of all regions of Tarai (southern
part) and the lands of the Kathmandu, Pokhara and Dang valleys that are not
part of municipalities. Land parcels in these sectors can be classified based on
agricultural crops.
223
Appendices
- Class 7 (Sim): sandy soil, can yield maize and mustard at intervals of
one or two years
- Class 8 (Chahar): not plain land, sandy soil
- Class 9: none of above classes applicable
224
Appendices
225
Appendices
226
Appendices
227
Appendices
228
Appendices
229
Appendices
230
Appendices
231
Appendices
232
Summary
In many developing countries, there is increased need for efficient and effective
delivery of geo-information concerning tenure security, and the value and use
of individual land parcels. The existing systems of cadastre and land
registration in these countries are old and paper-based, and they are unable to
provide reliable and up-to-date information products and services to the current
society. Typical cases of cadastral and land registration systems in Nepal and
Bhutan are presented in this research work.
The goal of this research is to provide modelling concepts and guidelines for
developing or reengineering a parcel-based geo-information system (PBGIS)
that provides efficient and effective delivery of parcel-based geo-information
products and services. In this context, this research underlines a number of
components that are required for a PBGIS. They are related to land tenure
systems, existing cadastral and land registration systems, modelling the
dynamics of cadastral data, organisational alignment with the Geo-ICT
environment, including quality aspects, and finally guidelines for the
implementation of PBGIS.
To be able to combine the above components, this research first identifies and
analyses a set of structured concepts as a conceptual framework. The
framework defines four important concepts (i.e. land tenure systems, the PBGIS
concept, the principle of reengineering and the cadastral domain) as the basic
essential elements for developing system models in PBGIS, as they affect the
behaviour of PBGIS.
This research study reveals that around the world land tenure and its dynamic
nature consists of a variety of land rights exercised by individuals, groups of
individuals, communities, customary groups or the state. Significant forms of
land tenure are non-formal tenure (i.e. customary tenure and informal
settlement), private freehold and leasehold, public freehold and leasehold, and
communal ownership. In addition to land survey and registry, this research also
recognises institutional options such as land allocation, land consolidation, land
banking and land ceiling for both rural and urban land as important tools in
allocating land rights for agriculture, settlement, religious purposes,
infrastructure, industry, water and other natural resources. It also indicates that
land tenure systems in developing countries evolve due to the changes in
policies concerning tenure security, economy and environment.
233
The primary role of PBGIS is to support the land administration functions that
require various kinds of spatial data on land objects, and the rights and
responsibilities held by the state, communities, family groups and individuals.
In developing countries, the indigenous groups think not only about individual
rights but also about communal and group rights. Thus, a PBGIS requires (a)
basic cadastral data, including building and apartment data, land administrative
boundary data, topographical data, socio-economic data and thematic data; (b)
land rights and responsibilities according to local land tenure; and (c) a variety
of person data.
The second part of this research concerns the analysis of the systems in Nepal
and Bhutan in order to understand both the present situation and stimulate the
challenges to implement PBGIS using computerised GIS systems.
This research reveals that Nepal has had at least six forms of land tenure in the
past, but these have now been reduced to two. It further indicates that these
changes have occurred owing to the difficulty in managing all the forms of land
tenure for the various purposes. The lands are protected and managed under
various land laws and acts. These laws provide a mandate to the Survey
Department to carry out the initial registration process, including adjudication,
demarcation, surveying, recording and issuing certificates. When the initial
registration of a district has been completed, all records except cadastral maps
are given to the District Land Revenue Office (DLRO) for maintenance. The
DLRO provides continuous services regarding the transfer of land by sale, gift
and inheritance, using the improved deed registration system, while the
District Survey Office (DSO) of the Survey Department maintains the
surveying and mapping components. Computerisation of land records started in
the early 1990s and was partly supported by private companies. The result of
the SWOT (strengths, weaknesses, opportunities and threats) analysis of
cadastral and land registration systems in Nepal shows that the most critical
challenges are political support, leadership, responsibilities and cooperation,
institutionalising business processes, information and archiving systems, and
management capacity, including the financial mechanism for system
automation.
234
In Bhutan, the land management and registration systems are mainly for fiscal
purposes, although the 1978 Land Act lays down very strict rules and
regulations governing the transfer of land. The Survey of Bhutan is responsible
for the initial registration and cadastral processes, in collaboration with the
Ministry of Home Affairs, districts (i.e. Dzongkhag), blocks (i.e. Gewog), the
forest office and citizens. The process for transferring land is initiated by the
local court of the Dzongkhag office and is registered at the Land Record Office
of the Survey of Bhutan in Thimphu. Computerisation of land records was
introduced in 1991 and the analysis suggests that the registration system has no
direct contact with the clients that allows them to access information, as
communication is based strictly on the administrative hierarchy. There is no
adequate legislative framework for mortgaging land or for the ownership of
apartments.
The third part of this research concerns system modelling using object
technology. The unified modelling language (UML) is used for modelling the
PBGIS, as it supports the incremental approach and the reuse of existing system
components. The subsystem, package, use case, activity, class, sequence and
state diagrams are the core concepts of the system models in the PBGIS. Four
subsystems are identified within the PBGIS as part of the organisational
models. They are the cadastral surveying, land registry, property valuation and
dissemination subsystems. The functions or processes, and data are discussed
within these subsystems.
The fourth part of this research is about organisational prototyping to test the
business processes that run through various departments. Three cases, namely
initial database structuring and loading, parcel subdivision, and full transfer of
ownership, suggest that coordination, cooperation, and the appropriate
distribution of activities are vital to the successful implementation of the
235
PBGIS, because one or more departments are involved in deploying resources
in both financing and technical work. Analysis of the results shows that we
need to lay emphasis on customer orientation, products, processes, tasks and
order. The quality factors regarding the data models are completeness,
correctness, flexibility, integrity, simplicity, integration, understandability and
implementability. These factors can be taken into account in the system models
by combining product quality and process quality during the development
phase. A continuous quality review during the operational phase is suggested.
Several experiments are carried out on the geometrical quality of the cadastral
data at the database level. Test databases for the outskirts of Kathmandu city
are constructed using ESRI ArcGIS software. The first test relates to the
accuracy of the areas and perimeters of land parcels derived from old cadastral
data (digitised from cadastral maps) as compared with the field boundaries. The
results show that the overall errors are 1.2 sq m in area and 0.2 m in
perimeter for an average land parcel size of 157 sq m. The second experiment
tests the quality of existing cadastral data against a digital ortho-photograph
derived from the aerial stereo-photographs taken at a 1:10,000 nominal scale.
The overall accuracy is 1.8 m in planimetry, depending on the quality of the
digital terrain model, terrain type and land coverage. The overall accuracy is
3.0 m with IKONOS images, both for panchromatic and multispectral bands.
The analysis reveals that the overall quality of old cadastral maps can be
improved by the interactive editing functions of the GIS software, integrating
cadastral data with either ortho-photos or IKONOS images.
The last part of this research provides guidelines for developing a PBGIS, and
critical success factors are identified. The most critical factors are organisation
and management, followed by technical and quality aspects, and then
institutional, legal and financial aspects. Fourteen items, needing the utmost
attention, form the guidelines for developing the PBGIS:
At the end, the use of a learning model (i.e. prototype, evolve and measure) is
motivated for both the organisations and PBGIS system development.
237
238
Samenvatting
In veel ontwikkelingslanden bestaat een toenemende behoefte aan de levering
van doelmatige en doeltreffende geo-informatie met betrekking tot de
juridische status, waarde en gebruik van percelen. De bestaande systemen voor
grondregistratie1 in deze landen zijn oud, meestal analoog en niet in staat de
huidige samenleving van betrouwbare en actuele informatie producten en
diensten te voorzien. Dit typeert ook de grondregistratie in Nepal en Bhutan,
die in dit onderzoek aan de orde komen.
Het doel van dit onderzoek is met bruikbare concepten en richtlijnen te komen
voor het ontwikkelen en/of herontwerpen van Perceels-gebaseerd Geo-
Informatie Systemen (PBGIS). Zulke systemen dienen te voorzien in een
doelmatige en doeltreffende levering van geoinformatie produkten en diensten.
Het onderzoek benadrukt een aantal essentile componenten die te maken
hebben met de ontwikkeling van dit soort systemen, namelijk de regeling van
het grondbezit2, de relatie tot bestaande grondregistratie systemen en het
modelleren van de dynamiek van de betrokken gegevens in een organisatorisch
verband. Aspecten van Geo-ICT management, kwaliteit alsmede richtlijnen
voor de implementatie van een PBGIS komen eveneens aan de orde.
Dit onderzoek richt zich allereerst op het conceptuele kader In dit kader worden
vier belangrijke componenten gedefinieerd, namelijk grondbezit-systemen,
PBGIS zelf, de principes van herontwerp van systemen en ten laatste de
modellering van het zogenoemde kadastrale domein. Dit blijken essentile
elementen te zijn voor de ontwikkeling van systeemmodellen voor een PBGIS
omdat deze het gedrag ervan benvloeden.
De studie toont aan dat grondbezit een dynamisch karakter heeft. Wereldwijd
bestaat grondbezit uit een variteit aan rechten op grond die worden
uitgeoefend door individuen, groepen, gemeenschappen of de Staat. Belangrijke
vormen van grondbezit zijn private eigendom en private huur/pacht, publieke
eigendom en publieke huur/pacht, vormen van groepseigendom en ten laatste
het informeel bezit, dat buiten de formele regelingen om wordt uitgeoefend. In
aanvulling op de behandeling van technische aspecten van landmeten en
registratie welke van belang zijn voor de registratie van grondbezit in
1
Grondregistraties worden ook wel genoemd kadastrale systemen: de registers en
kaarten die de relevante informatie weergeven.
2
Als vertaling van het Engelse woord land tenure is in deze samenvatting het woord
grondbezit gebruikt
239
registers en op kaarten, komen in dit onderzoek ook institutionele aspecten aan
de orde. Het gaat om belangrijke instrumenten voor de allocatie van rechten op
grond zoals landinrichting, grondbank of de regulering van de onroerend goed
markt door bijv. het stellen van plafonds aan perceelsgroottes in zowel ruraal
als urbaan gebied. Bij de allocatie van rechten op land moet rekening worden
gehouden met de diverse soorten huidig en toekomstig gebruik zoals landbouw,
huisvesting, godsdienst, infrastructuur, industrie, en met het benutten van water
en andere natuurlijke hulpbronnen.
De belangrijkste rol van een PBGIS zoals het in dit onderzoek wordt gezien, is
het ondersteunen van de procedures voor grondregistratie. De gegevens die
daarvoor nodig zijn betreffen ruimtelijke gegevens betreffende percelen,
rechten, belangen van de Staat, en gegevens over rechthebbenden zoals
gemeenschappen, familiegroepen en individuen. In ontwikkelingslanden is in
hoge mate sprake van zowel individuele als groepsrechten (bijv. familie, stam,
dorp). Een PBGIS heeft een scala aan gegevens nodig: omtrent rechtsgrenzen
(inclusief gebouwen en appartementen), administratieve grenzen, topografie,
socio-economische en thematische gegevens, gegevens betreffende rechten en
verplichtingen ten aanzien van grond, grondgebruik, en gegevens omtrent
rechthebbenden.
Het onderzoek toont aan dat in Nepal in het verleden tenminste zes vormen van
grondbezit voorkwamen. Thans is dit teruggebracht tot twee. Het onderzoek
laat zien dat deze verandering optrad als gevolg van de moeilijkheden in het
management van allerlei vormen van grondbezit voor verschillende doeleinden.
Grondbezit wordt thans geregeld in verschillende onroerend goed wetten. Deze
wetgeving mandateert het Departement Landmeten van het Ministerie van
Land Reform and Management om het initile registratieproces uit te voeren,
240
inclusief aanwijzing, afpaling, meting, vastlegging (registratie) en uitgifte van
eigendomscertificaten. Zodra de registratie van een district is afgerond worden
alle documenten, behalve de originele kadastrale kaarten, overgedragen aan de
District Grondbelastingdienst voor verdere bijhouding. Hier wordt voorzien in
continue dienstverlening bij overdracht van onroerende zaken zoals door
verkoop, schenking en vererving, ondersteund door een registratie van akten,
waarbij de Districtsafdeling van het Departement Landmeten de metingen en
kaartering bijhoudt. Begin jaren negentig is een aanvang gemaakt met het
digitaliseren (A/D conversie) van de grondregistratie met ondersteuning van het
bedrijfsleven. Het resultaat van een sterkte/zwakte analyse van het
grondregistratie systeem voor Nepal wijst uit dat de meest kritische factoren
zijn: politieke steun, leiderschap, verantwoordelijkheden en samenwerking, het
institutionaliseren van bedrijfsprocessen, informatie- en archiefsystemen met
bijbehorende managementcapaciteit en de financiering van de automatisering.
Het derde gedeelte van het onderzoek gaat over systeemmodellering met
gebruik van objecttechnologie. Het modelleren van het beoogde PBGIS is
gedaan met de Unified Modelling Language (UML) vanwege de mogelijkheden
die geboden worden voor een stapsgewijze benadering alsmede voor hergebruik
van bestaande systeemcomponenten. De 'subsystem'-, 'package'-, 'use case'-,
'activity'-, 'class'-, 'sequence'- en 'state'-diagrammen zijn de kernconcepten
gedurende de analyse en het (her)-ontwerp van het PBGIS.
Het vierde gedeelte van dit onderzoek gaat over het maken van prototypen van
organisaties om de mogelijkheid te hebben bedrijfsprocessen waarbij
verschillende afdelingen betrokken zijn, te testen. Drie gevallen (namelijk het
initieel structureren en laden van de database, de splitsing van percelen en de
volledige overdrachten van eigendom) geven aan dat een goede verdeling van
activiteiten, alsmede cordinatie en samenwerking van vitaal belang zijn voor
de invoering van een PBGIS, omdat daarbij een of meerdere afdelingen
betrokken zijn die hun middelen inzetten t.b.v. financile als technische
werkzaamheden. Analyse van de resultaten laat zien dat er nadruk gelegd moet
worden op klantgerichtheid, producten, processen, taken en hun
volgordelijkheid.
Uit het onderzoek blijkt dat de kwaliteitsfactoren van gegevensmodellen bij
deze processen zijn: volledigheid, juistheid, flexibiliteit, integriteit, eenvoud,
integratie, begrijpelijkheid en implementeerbaarheid. Deze factoren kunnen in
beschouwing worden genomen in de systeemmodellen door de product- en
proceskwaliteit te combineren gedurende de ontwikkelingsfase. Een continue
kwaliteitsborgingsprocedure wordt aanbevolen voor de operationele fase.
Het laatste gedeelte van dit onderzoek gaat over richtlijnen voor de
ontwikkeling van een PBGIS. Kritische Succes Factoren zijn vastgesteld op
basis van doelstellingen en subdoelstellingen. De meest kritische factoren zijn
organisatie en management gevolgd door technische en kwaliteitsaspecten en
tenslotte institutionele, wettelijke en financile aspecten. Er zijn veertien
onderdelen die uiterste aandacht behoeven voor de ontwikkeling van het
PBGIS. Deze worden hieronder opgesomd:
Tot slot wordt het gebruik van een leermodel (dat wil zeggen prototypen
maken, voortgang boeken, en monitoren) gemotiveerd voor zowel de
organisatie als voor de ontwikkeling van het PBGIS.
243
244
Curriculum Vitae
245
246
ITC Dissertation List
1. Akinyede, 1990, Highway cost modelling and route selection using a
geotechnical information system
2. Pan He Ping, 1990, 90-9003757-8, Spatial structure theory in machine
vision and applications to structural and textural analysis of remotely
sensed images
3. Bocco Verdinelli, G., 1990, Gully erosion analysis using remote sensing
and geographic information systems: a case study in Central Mexico
4. Sharif, M, 1991, Composite sampling optimization for DTM in the context
of GIS
5. Drummond, J., 1991, Determining and processing quality parameters in
geographic information systems
6. Groten, S., 1991, Satellite monitoring of agro-ecosystems in the Sahel
7. Sharifi, A., 1991, 90-6164-074-1, Development of an appropriate
resource information system to support agricultural management at farm
enterprise level
8. Zee, D. van der, 1991, 90-6164-075-X, Recreation studied from above:
Air photo interpretation as input into land evaluation for recreation
9. Mannaerts, C., 1991, 90-6164-085-7, Assessment of the transferability of
laboratory rainfall-runoff and rainfall - soil loss relationships to field and
catchment scales: a study in the Cape Verde Islands
10. Ze Shen Wang, 1991: 90-393-0333-9, An expert system for cartographic
symbol design
11. Zhou Yunxian, 1991, 90-6164-081-4, Application of Radon transforms to
the processing of airborne geophysical data
12. Zuviria, M. de, 1992, 90-6164-077-6, Mapping agro-topoclimates by
integrating topographic, meteorological and land ecological data in a
geographic information system: a case study of the Lom Sak area, North
Central Thailand
13. Westen, C. van, 1993, 90-6164-078-4, Application of Geographic
Information Systems to landslide hazard zonation
14. Shi Wenzhong, 1994, 90-6164-099-7, Modelling positional and thematic
uncertainties in integration of remote sensing and geographic information
systems
15. Javelosa, R., 1994, 90-6164-086-5, Active Quaternary environments in
the Philippine mobile belt
16. Lo King-Chang, 1994, 90-9006526-1, High Quality Automatic DEM,
Digital Elevation Model Generation from Multiple Imagery
17. Wokabi, S., 1994, 90-6164-102-0, Quantified land evaluation for maize
yield gap analysis at three sites on the eastern slope of Mt. Kenya
18. Rodriguez, O., 1995, Land Use conflicts and planning strategies in urban
fringes: a case study of Western Caracas, Venezuela
19. Meer, F. van der, 1995, 90-5485-385-9, Imaging spectrometry & the
Ronda peridotites
20. Kufoniyi, O., 1995, 90-6164-105-5, Spatial coincidence: automated
database updating and data consistency in vector GIS
247
21. Zambezi, P., 1995, Geochemistry of the Nkombwa Hill carbonatite
complex of Isoka District, north-east Zambia, with special emphasis on
economic minerals
22. Woldai, T., 1995, The application of remote sensing to the study of the
geology and structure of the Carboniferous in the Calaas area, pyrite
belt, SW Spain
23. Verweij, P., 1995, 90-6164-109-8, Spatial and temporal modelling of
vegetation patterns: burning and grazing in the Paramo of Los Nevados
National Park, Colombia
24. Pohl, C., 1996, 90-6164-121-7, Geometric Aspects of Multisensor Image
Fusion for Topographic Map Updating in the Humid Tropics
25. Jiang Bin, 1996, 90-6266-128-9, Fuzzy overlay analysis and
visualization in GIS
26. Metternicht, G., 1996, 90-6164-118-7, Detecting and monitoring land
degradation features and processes in the Cochabamba Valleys, Bolivia.
A synergistic approach
27. Hoanh Chu Thai, 1996, 90-6164-120-9, Development of a Computerized
Aid to Integrated Land Use Planning (CAILUP) at regional level in
irrigated areas: a case study for the Quan Lo Phung Hiep region in the
Mekong Delta, Vietnam
28. Roshannejad, A., 1996, 90-9009284-6, The management of spatio-
temporal data in a national geographic information system
29. Terlien, M., 1996, 90-6164-115-2, Modelling Spatial and Temporal
Variations in Rainfall-Triggered Landslides: the integration of hydrologic
models, slope stability models and GIS for the hazard zonation of rainfall-
triggered landslides with examples from Manizales, Colombia
30. Mahavir, J., 1996, 90-6164-117-9, Modelling settlement patterns for
metropolitan regions: inputs from remote sensing
31. Al-Amir, S., 1996, 90-6164-116-0, Modern spatial planning practice as
supported by the multi-applicable tools of remote sensing and GIS: the
Syrian case
32. Pilouk, M., 1996, 90-6164-122-5, Integrated modelling for 3D GIS
33. Duan Zengshan, 1996, 90-6164-123-3, Optimization modelling of a river-
aquifer system with technical interventions: a case study for the
Huangshui river and the coastal aquifer, Shandong, China
34. Man, W.H. de, 1996, 90-9009-775-9, Surveys: informatie als norm: een
verkenning van de institutionalisering van dorp - surveys in Thailand en
op de Filippijnen
35. Vekerdy, Z., 1996, 90-6164-119-5, GIS-based hydrological modelling of
alluvial regions: using the example of the Kisafld, Hungary
36. Pereira, Luisa, 1996, 90-407-1385-5, A Robust and Adaptive Matching
Procedure for Automatic Modelling of Terrain Relief
37. Fandino Lozano, M., 1996, 90-6164-129-2, A Framework of Ecological
Evaluation oriented at the Establishment and Management of Protected
Areas: a case study of the Santuario de Iguaque, Colombia
38. Toxopeus, B., 1996, 90-6164-126-8, ISM: an Interactive Spatial and
temporal Modelling system as a tool in ecosystem management: with two
248
case studies: Cibodas biosphere reserve, West Java Indonesia: Amboseli
biosphere reserve, Kajiado district, Central Southern Kenya
39. Wang Yiman, 1997, 90-6164-131-4, Satellite SAR imagery for
topographic mapping of tidal flat areas in the Dutch Wadden Sea
40. Saldana-Lopez, Asuncin, 1997, 90-6164-133-0, Complexity of soils
and Soilscape patterns on the southern slopes of the Ayllon Range,
central Spain: a GIS assisted modelling approach
41. Ceccarelli, T., 1997, 90-6164-135-7, Towards a planning support system
for communal areas in the Zambezi valley, Zimbabwe; a multi-criteria
evaluation linking farm household analysis, land evaluation and
geographic information systems
42. Peng Wanning, 1997, 90-6164-134-9, Automated generalization in GIS
43. Lawas, C., 1997, 90-6164-137-3, The Resource Users' Knowledge, the
neglected input in Land resource management: the case of the
Kankanaey farmers in Benguet, Philippines
44. Bijker, W., 1997, 90-6164-139-X, Radar for rain forest: A monitoring
system for land cover Change in the Colombian Amazon
45. Farshad, A., 1997, 90-6164-142-X, Analysis of integrated land and water
management practices within different agricultural systems under semi-
arid conditions of Iran and evaluation of their sustainability
46. Orlic, B., 1997, 90-6164-140-3, Predicting subsurface conditions for
geotechnical modelling
47. Bishr, Y., 1997, 90-6164-141-1, Semantic Aspects of Interoperable GIS
48. Zhang Xiangmin, 1998, 90-6164-144-6, Coal fires in Northwest China:
detection, monitoring and prediction using remote sensing data
49. Gens, R., 1998, 90-6164-155-1, Quality assessment of SAR
interferometric data
50. Turkstra, J., 1998, 90-6164-147-0, Urban development and geographical
information: spatial and temporal patterns of urban development and land
values using integrated geo-data, Villaviciencia, Colombia
51. Cassells, C., 1998, Thermal modelling of underground coal fires in
northern China
52. Naseri, M., 1998, 90-6164-195-0, Characterization of Salt-affected Soils
for Modelling Sustainable Land Management in Semi-arid Environment: a
case study in the Gorgan Region, Northeast, Iran
53. Gorte B.G.H., 1998, 90-6164-157-8, Probabilistic Segmentation of
Remotely Sensed Images
54. Tegaye, Tenalem Ayenew, 1998, 90-6164-158-6, The hydrological
system of the lake district basin, central main Ethiopian rift
55. Wang Donggen, 1998, 90-6864-551-7, Conjoint approaches to
developing activity-based models
56. Bastidas de Calderon, M., 1998, 90-6164-193-4, Environmental fragility
and vulnerability of Amazonian landscapes and ecosystems in the middle
Orinoco river basin, Venezuela
57. Moameni, A., 1999, Soil quality changes under long-term wheat
cultivation in the Marvdasht plain, South-Central Iran
58. Groenigen, J.W. van, 1999, 90-6164-156-X, Constrained optimisation of
spatial sampling: a geostatistical approach
249
59. Cheng Tao, 1999, 90-6164-164-0, A process-oriented data model for
fuzzy spatial objects
60. Wolski, Piotr, 1999, 90-6164-165-9, Application of reservoir modelling to
hydrotopes identified by remote sensing
61. Acharya, B., 1999, 90-6164-168-3, Forest biodiversity assessment: A
spatial analysis of tree species diversity in Nepal
62. Akbar Abkar, Ali, 1999, 90-6164-169-1, Likelihood-based segmentation
and classification of remotely sensed images
63. Yanuariadi, T., 1999, 90-5808-082-X, Sustainable Land Allocation: GIS-
based decision support for industrial forest plantation development in
Indonesia
64. Abu Bakr, Mohamed, 1999, 90-6164-170-5, An Integrated Agro-
Economic and Agro-Ecological Framework for Land Use Planning and
Policy Analysis
65. Eleveld, M., 1999, 90-6461-166-7, Exploring coastal morphodynamics of
Ameland (The Netherlands) with remote sensing monitoring techniques
and dynamic modelling in GIS
66. Yang Hong, 1999, 90-6164-172-1, Imaging Spectrometry for
Hydrocarbon Microseepage
67. Mainam, Flix, 1999, 90-6164-179-9, Modelling soil erodibility in the
semiarid zone of Cameroon
68. Bakr, Mahmoud, 2000, 90-6164-176-4, A Stochastic Inverse-
Management Approach to Groundwater Quality
69. Zlatanova, Z., 2000, 90-6164-178-0, 3D GIS for Urban Development
70. Ottichilo, Wilber K., 2000, 90-5808-197-4, Wildlife Dynamics: An
Analysis of Change in the Masai Mara Ecosystem
71. Kaymakci, Nuri, 2000, 90-6164-181-0, Tectono-stratigraphical Evolution
of the Cankori Basin (Central Anatolia, Turkey)
72. Gonzalez, Rhodora, 2000, 90-5808-246-6, Platforms and Terraces:
Bridging participation and GIS in joint-learning for watershed
management with the Ifugaos of the Philippines
73. Schetselaar, Ernst, 2000, 90-6164-180-2, Integrated analyses of
granite-gneiss terrain from field and multisource remotely sensed data. A
case study from the Canadian Shield
74. Mesgari, Saadi, 2000, 90-3651-511-4, Topological Cell-Tuple Structure
for Three-Dimensional Spatial Data
75. Bie, Cees A.J.M. de, 2000, 90-5808-253-9, Comparative Performance
Analysis of Agro-Ecosystems
76. Khaemba, Wilson M., 2000, 90-5808-280-6, Spatial Statistics for Natural
Resource Management
77. Shrestha, Dhruba, 2000, 90-6164-189-6, Aspects of erosion and
sedimentation in the Nepalese Himalaya: highland-lowland relations
78. Asadi Haroni, Hooshang, 2000, 90-6164-185-3, The Zarshuran Gold
Deposit Model Applied in a Mineral Exploration GIS in Iran
79. Raza, Ale, 2001, 90-3651-540-8, Object-oriented Temporal GIS for
Urban Applications
250
80. Farah, Hussein, 2001, 90-5808-331-4, Estimation of regional
evaporation under different weather conditions from satellite and
meteorological data. A case study in the Naivasha Basin, Kenya
81. Zheng, Ding, 2001, 90-6164-190-X, A Neural - Fuzzy Approach to
Linguistic Knowledge Acquisition and Assessment in Spatial Decision
Making
82. Sahu, B.K., 2001, Aeromagnetics of continental areas flanking the Indian
Ocean; with implications for geological correlation and reassembly of
Central Gondwana
83. Alfestawi, Y., 2001, 90-6164-198-5, The structural, paleogeographical
and hydrocarbon systems analysis of the Ghadamis and Murzuq Basins,
West Libya, with emphasis on their relation to the intervening Al Qarqaf
Arch
84. Liu, Xuehua, 2001, 90-5808-496-5, Mapping and Modelling the Habitat
of Giant Pandas in Foping Nature Reserve, China
85. Oindo, Boniface Oluoch, 2001, 90-5808-495-7, Spatial Patterns of
Species Diversity in Kenya
86. Carranza, Emmanuel John, 2002, 90-6164-203-5, Geologically-
constrained Mineral Potential Mapping
87. Rugege, Denis, 2002, 90-5808-584-8, Regional Analysis of Maize-Based
Land Use Systems for Early Warning Applications
88. Liu, Yaolin, 2002, 90-5808-648-8, Categorical Database Generalization
in GIS
89. Ogao, Patrick, 2002, 90-6164-206-X, Exploratory Visualization of
Temporal Geospatial Data using Animation
90. Abadi, Abdulbaset M., 2002, 90-6164-205-1, Tectonics of the Sirt Basin
Inferences from tectonic subsidence analysis, stress inversion and
gravity modelling
91. Geneletti, Davide, 2002, 90-5383-831-7, Ecological Evaluation for
Environmental Impact Assessment
92. Sedogo, Laurent G., 2002, 90-5808-751-4, Integration of Participatory
Local and Regional Planning for Resources Management using Remote
Sensing and GIS
93. Montoya, Lorena, 2002, 90-6164-208-6, Urban Disaster Management: a
case study of earthquake risk assessment in Carthago, Costa Rica
94. Ahmad, Mobin-ud-Din, 2002, 90-5808-761-1, Estimation of Net
Groundwater Use in Irrigated River Basins using Geo-information
Techniques: A case study in Rechna Doab, Pakistan
95. Said, Mohammed Yahya, 2003, 90-5808-794-8, Multiscale perspectives
of species richness in East Africa
96. Schmidt, Karin, 2003, 90-5808-830-8, Hyperspectral Remote Sensing of
Vegetation Species Distribution in a Saltmarsh
97. Lopez Binnquist, Citlalli, 2003, 90-3651-900-4, The Endurance of
Mexican Amate Paper: Exploring Additional Dimensions to the
Sustainable Development Concept
98. Huang, Zhengdong, 2003, 90-6164-211-6, Data Integration for Urban
Transport Planning
251
99. Cheng, Jianquan, 2003, 90-6164-212-4, Modelling Spatial and Temporal
Urban Growth
100. Campos dos Santos, Jose Laurindo, 2003, 90-6164-214-0, A
Biodiversity Information System in an Open Data/Metadatabase
Architecture
101. Hengl, Tomislav, 2003, 90-5808-896-0, PEDOMETRIC MAPPING,
Bridging the gaps between conventional and pedometric approaches
102. Barrera Bassols, Narciso, 2003, 90-6164-217-5, Symbolism,
Knowledge and management of Soil and Land Resources in Indigenous
Communities: Ethnopedology at Global, Regional and Local Scales
103. Zhan, Qingming, 2003, 90-5808-917-7, A Hierarchical Object-Based
Approach for Urban Land-Use Classification from Remote Sensing Data
104. Daag, Arturo S., 2003, 90-6164-218-3, Modelling the Erosion of
Pyroclastic Flow Deposits and the Occurrences of Lahars at Mt.
Pinatubo, Philippines
105. Bacic, Ivan, 2003, 90-5808-902-9, Demand-driven Land Evaluation with
case studies in Santa Catarina, Brazil
106. Murwira, Amon, 2003, 90-5808-951-7, Scale matters! A new approach
to quantify spatial heterogeneity for predicting the distribution of wildlife
107. Mazvimavi, Dominic, 2003, 90-5808-950-9, Estimation of Flow
Characteristics of Ungauged Catchments. A case study in Zimbabwe
108. Tang, Xinming, 2004, 90-6164-220-5, Spatial Object Modelling in Fuzzy
Topological Spaces with Applications to Land Cover Change
109. Kariuki, Patrick, 2004, 90-6164-221-3, Spectroscopy and Swelling Soils;
an integrated approach
110. Morales, Javier, 2004, 90-6164-222-1, Model Driven Methodology for
the Design of Geo-information Services
111. Mutanga, Onisimo, 2004, 90-5808-981-9, Hyperspectral Remote
Sensing of Tropical Grass Quality and Quantity
112. liuas, Riardas V., 2004, 90-6164-223-X, Managing Informal
Settlements: a study using geo-information in Dar es Salaam, Tanzania
113. Lucieer, Arko, 2004, 90-6164-225-6, Uncertainties in Segmentation and
their Visualisation
252