scholarly journals Land Administration Maintenance: A Review of the Persistent Problem and Emerging Fit-for-Purpose Solutions

Land ◽  
2021 ◽  
Vol 10 (5) ◽  
pp. 509
Author(s):  
Rohan Mark Bennett ◽  
Eva-Maria Unger ◽  
Christiaan Lemmen ◽  
Paula Dijkstra

A contemporary review of land administration, from the perspective of systems maintenance, is provided. A special emphasis is placed on emerging fit-for-purpose land administration solutions. The research synthesis uses reputable sources from the contemporary era. Results show the challenges of maintaining land administration systems and the data held are long recognized. The 1970s–1980s gave the issue impetus as data and processes moved from paper-based and manual to digital and automated. The 1990s recognized concerns on maintenance, albeit as a secondary issue: system establishment was the primary concern. The 2000s placed more emphasis on more holistic sociotechnical systems but, again maintenance was supplementary. The fit-for-purpose era deliveres a vast range of new social and technological innovations; however, scaled and sustainable implementations still struggle with system maintenance. From the findings, a consolidated model for analyzing maintenance problems and solutions at jurisdictional level is developed. Maintenance of a land administration system can be understood by identifying the level of change, method for change, components to change, and options for what to change to. The United Nations-endorsed Framework for Effective Land Administration is then used to identify specific maintenance challenges and available solutions. It is suggested that due to the scope and size of what can be considered maintenance issues, there exists no single solution—instead the country should identify its persistant maintenance problems, and the most appropriate solution set from the suite of available options. Emerging solutions and challenges include ensuring interlinkage to maintenance of spatial planning, land valuation, and marine administration; exploiting survey data ‘back capture’ initiatives; supporting grassroots IT; and giving serious attention to cybersecurity concerns.

Land ◽  
2021 ◽  
Vol 10 (5) ◽  
pp. 484
Author(s):  
Simon Hull ◽  
Jennifer Whittal

In South Africa, land tenure security is a challenge for 60% or more of the population who hold interests in land outside of the formal system of registered title. There is a need for the cadastral and land administration systems to be reshaped, and for new land tenure forms to be developed to record all land rights and interests so as to improve land tenure security for all. In this paper, we undertake a reflective retrospective of the processes of land administrative reform in South Africa using a thematic framework that includes fit-for-purpose, design science research, and design thinking processes. Literary sources are coded using the thematic framework to identify potential contributions of foregrounding design science research and design thinking in fit-for-purpose land administration (FFP LA) approaches. Design science research paired with tools of behavioral science add value in understanding the context, problems, needs, and objectives and in communicating the results of critical reflection. The design thinking process has much to offer in capitalizing on the human abilities of empathy, deep understanding, and challenging assumptions, setting the scene for unconstrained creative thinking. Design science research and design thinking within FFP LA may promote innovations in land administration systems reform initiatives that deliver restorative justice in the South African land sector.


Land ◽  
2021 ◽  
Vol 10 (5) ◽  
pp. 475
Author(s):  
Charisse Griffith-Charles

Fit-for-purpose mechanisms for developing land administration systems have been posited to be especially effective in resource strapped economies since these mechanisms quickly create the settings for economic as well as social and environmental development. Competition for depleted resources in the face of recent deleterious events such as climate change, Covid-19, hurricanes and other natural hazard impacts, and global economic crises, among other challenges, should nudge many developing countries toward the application of Fit for Purpose Land Administration (FFPLA) as opposed to costly and lengthy standard methods. Problems arise in convincing states of the benefits of applying the FFPLA. This paper explores how fit-for-purpose methods for establishing and upgrading land administration infrastructures have become increasingly imperative to developing countries, particularly small island developing states (SIDS) of the Caribbean, in light of declining economies. The experiences of Caribbean countries, with a focus on Trinidad and Tobago, Barbados, Saint Lucia, and Jamaica, in implementing adjudication and titling for their land administration, are compared to FFPLA guidelines in terms of major objectives, supportive legislation, and method of application. Based on the outcomes of the evaluation, it is suggested that including more facets of the FFPLA, primarily for progressing the process toward economically beneficial success, would be an advantage.


Land ◽  
2021 ◽  
Vol 10 (6) ◽  
pp. 602
Author(s):  
Christopher Williams-Wynn

What potential will the fit-for-purpose land administration concept have of working in the Republic of South Africa? This question is asked against the existence of a high-quality cadastre covering most of the South African landmass. However, a large proportion of the people living in South Africa live outside of this secure land tenure system. Many citizens and immigrants reside on communal land, in informal settlements, in resettled communities, in off-register housing schemes, and as farm dwellers, labour tenants and other occupants of commercial farms. Reasonable estimates suggest that there are more than 5 million land occupations that exist outside the formal land tenure system and hence outside the formal land administration system. This paper looks at the current bifurcated system and considers how the application of the fit-for-purpose land administration system can expand the existing cadastral system and provide security of tenure that is beneficial and acceptable to all. It demonstrates that, not only could it work, but it is also considered to be necessary. This paper uses South Africa as a case study to demonstrate how adjustments to institutional, legal and spatial frameworks will develop a fully inclusive, sufficiently accurate land administration system that fits the purpose for which it is envisioned. These country-specific proposals may well be of international interest to assist with the formulation of fit-for-purpose land administration systems being developed in other countries.


Land ◽  
2021 ◽  
Vol 10 (2) ◽  
pp. 139
Author(s):  
Clarissa Augustinus ◽  
Ombretta Tempra

According to the United Nations (UN) Refugee Agency, there were 79.5 million forcibly displaced people worldwide by the end of 2019. Evictions from homes and land are often linked to protracted violent conflict. Land administration (LA) can be a small part of UN peace-building programs addressing these conflicts. Through the lens of the UN and seven country cases, the problem being addressed is: what are the key features of fit-for-purpose land administration (FFP LA) in violent conflict contexts? FFP LA involves the same LA elements found in conventional LA and FFP LA, and LA in post conflict contexts, as it supports peace building and conflict resolution. However, in the contexts being examined, FFP LA also has novel features as well, such as extra-legal transitional justice mechanisms to protect people and their land rights and to address historical injustices and the politics of exclusion that are the root causes of conflict. In addition, there are land governance and power relations’ implications, as FFP LA is part of larger UN peace-building programs. This impacts the FFP LA design. The cases discussed are from Darfur/Sudan, Democratic Republic of Congo, Honduras, Iraq, Jubaland/Somalia, Peru and South Sudan.


Land ◽  
2021 ◽  
Vol 10 (4) ◽  
pp. 382
Author(s):  
Laura Becerra ◽  
Mathilde Molendijk ◽  
Nicolas Porras ◽  
Piet Spijkers ◽  
Bastiaan Reydon ◽  
...  

One of the most difficult types of land-related conflict is that between Indigenous peoples and third parties, such as settler farmers or companies looking for new opportunities who are encroaching on Indigenous communal lands. Nearly 30% of Colombia’s territory is legally owned by Indigenous peoples. This article focuses on boundary conflicts between Indigenous peoples and neighbouring settler farmers in the Cumaribo municipality in Colombia. Boundary conflicts here raise fierce tensions: discrimination of the others and perceived unlawful occupation of land. At the request of Colombia’s rural cadastre (Instituto Geográfico Agustín Codazzi (IGAC)), the Dutch cadastre (Kadaster) applied the fit-for-purpose (FFP) land administration approach in three Indigenous Sikuani reserves in Cumaribo to analyse how participatory mapping can provide a trustworthy basis for conflict resolution. The participatory FFP approach was used to map land conflicts between the reserves and the neighbouring settler farmers and to discuss possible solutions of overlapping claims with all parties involved. Both Indigenous leaders and neighbouring settler farmers measured their perceived claims in the field, after a thorough socialisation process and a social cartography session. In a public inspection, field measurements were shown, with the presence of the cadastral authority IGAC. Showing and discussing the results with all stakeholders helped to clarify the conflicts, to reduce the conflict to specific, relatively small, geographical areas, and to define concrete steps towards solutions.


2017 ◽  
Vol 3 (2) ◽  
pp. 175
Author(s):  
Mustafa Bola

Prove of land ownership by customary land is generally unwritten, just a confession of the surrounding communities with nature sign boundaries. If land ownership cannot be supported by strong evidence, the land may be registered by someone else who has getting physically for 20 years or more in consecutively and qualified on Government Regulation No. 24 of 1997 concerning Land Registration. Proof of old rights derived from the customary land law is rationally difficult to prove because there are no written documents. Customary land law does not know written ownership, only physical possession continually so it is very prone to conflict or dispute. In order to develop land administration in Indonesia, the values of customary land law contained in its principles is expected to be reflected in the land administration so it can reduce land conflict in the community. The role of customary land law has a large portion of the national land law. The role of government or ruling is very important to create a conducive condition in the land sector. A land is not allowed for personal or group interests, its use must be adjusted with the condition and the characteristic of their rights so useful, both for the prosperity and helpful to community and state.


Tunas Agraria ◽  
2021 ◽  
Vol 4 (2) ◽  
pp. 168-174
Author(s):  
Maslusatun Mawadah

The South Jakarta Administrative City Land Office is one of the cities targeted to be a city with complete land administration in 2020. The current condition of land parcel data demands an update, namely improving the quality of data from KW1 to KW6 towards KW1 valid. The purpose of this study is to determine the condition of land data quality in South Jakarta, the implementation of data quality improvement, as well as problems and solutions in implementing data quality improvement. The research method used is qualitative with a descriptive approach. The results showed that the condition of the data quality after the implementation of the improvement, namely KW1 increased from 86.45% to 87.01%. The roles of man, material, machine, and method have been fulfilled and the implementation of data quality improvement is not in accordance with the 2019 Complete City Guidelines in terms of territorial boundary inventory, and there are still obstacles in the implementation of improving the quality of land parcel data, namely the absence of buku tanah, surat ukur, and gambar ukur at the land office, the existence of regional division, the boundaries of the sub district are not yet certain, and the existence of land parcels that have been separated from mapping without being noticed by the office administrator.


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