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Parcel Identification Systems

In document Systems of Land Registration (Page 79-81)

Napoleon I on ‘his’ Cadastre

3.2 Other Classifications

3.2.3 Parcel Identification Systems

part of continuum

For the identification of parts of land many systems are used in systems of land registration. The basic problem is that land is by origin one continuum. The object of a right is always a part of that continuum. This part (parcel) has to be separated from the rest of the continuum in some way. Sometimes this is done solely by use of written descriptions, sometimes by the topography in the field and in other cases surveying plays an important role (see § 3.2.4). With one of these methods the boundaries might become clear, but still it is difficult to indicate in a deed or in the registration which of the parcels is meant to be the object of a right. In some cases ‘metes and bounds descriptions’ are still used (see

Example of Property Description

“Newton Country, Georgia, Wyatt’s District, containing Sixty Five acres, more or less Beginning at an iron bar running Northwest to a black gum tree - Thence NorthWest to a stake; thence North west to a bunch of black gum trees. Thence West to a stake; thence North to a marked pine near the line of T. L. Ray’s land. Then with his line to an Iron bar about half way up the Mountain. Thence with Mrs. Doresy’s line to Clarence Woods line; thence with Clarence Woods land to beginning corner. Same being part of the J.J. Harris place, of Walton County. Same being part of the land deeded to me by Georgia Security Company, Athens, Ga.”

Hammarstrom 1989: 197

Figure 3.3 Extract from Austrian cadastral map (with sub-numbers)

box), but usually the parcel is identified by referring to a map or plan. When both are used in regard to the same parcels, often they do not match. Parcels (or their boundaries) which are represented in a geographical way could be depicted on a series of maps covering a whole area, or on separate plans for each parcel.

cadastral (index) maps

The series of maps approach is found in countries with a cadastre (in the Napoleonic sense) where they use cadastral maps. On such a cadastral map the whole area concerned is initially mapped with all existing boundaries on it. Every parcel is defined by a unique parcel identifier, which plays an important role in the descriptive part of the cadastre, and often also in the land registry. A complicating factor is that parcels will be split and amalgamated regularly. Such changes in the boundaries of a parcel have to be surveyed, the map has to be updated and the identifier adapted accordingly (either by giving a new number or by adding a sub-number to the old one, which is depicted in the case of the Austrian cadastral map in Figure 3.3). In virtually every country these surveys have to be carried out before the transfer of the new parcel can take place, although some accept surveying after the transfer (see the Netherlands).

46 Williamson (1985: 118), when referring to graphical, numerical and computational

cadastres, stresses that these are often found next to each other in the same jurisdiction.

graphic and numeric cadastres

Originally the boundaries as depicted on the cadastral map were drawn onto the map in the field (with plane tables), and resulted in a graphical representation of the parcellation which was more or less to scale. Later when the processes of surveying and mapping became separated and got improved, the quality of this graphical representation grew. Many countries still operate a ‘graphic cadastre’ in which the cadastral map contains a graphic representation of the boundaries. If these need to be reconstructed the situation in the field and the original survey field notes are used to redetermine their position (see the Netherlands). There are, however, also countries where they operate a ‘numeric cadastre’.46 In such a case every boundary point has been determined in a stable coordinate system (usually the national geodetic network), and the set of coordinates from the boundary points represents the parcel. The map as such is the geometric representation of this, but in case reconstruction is needed, the coordinates will be made visible in the terrain, determining where the boundary is (see Austria).

(title) plans

In case the separate plans approach is used, it depends heavily on the scrutiny of the surveyors if the parcels are defined properly. Not only do they have to perform technically good work, but they also have to watch for the relation of this parcel and that of its neighbors. Especially when those neighboring parcels are not registered (yet), use of an index map would define the properties more unambiguous. Numerous countries where an index map is kept, still demand the use of separate plans for conveyance. This seems to be an expensive exercise, with little benefit, except for the surveying community. This holds even stronger in the few cases where a full reconstruction of the boundaries in the field is usually performed on every transfer of the property (e.g. New South Wales, Australia). On the other extreme a small group of countries (especially in the British Isles) can be found. They use existing large scale topographic maps as the base for preparing title plans and keeping an index.

In document Systems of Land Registration (Page 79-81)