History: Land Register introduced by Napoleon in 1811

Cadastre:

Functionality of computerized registration involves among else:

Cadastre parcels and identifying data of presumed entitled persons;

Names of presumed property rights;

Entrance to Land Register;

Linked to Basic Registers of persons (Civil Status Register/ Trade Register);

Option to copy data from Civil Status register;

Allows to upload data from Cadastre.

Missing: descriptions of servitudes and obligations with third party effect (see deed in Land Register).

 

Plans for the future:

Cadastre: add description of servitudes and other relevant obligations;

Land Register: replace e-mail by web service.

Basic Registers

Two Basic Registers for identifying data of persons.

• Legal persons: Trade Register of Chamber of Commerce;
• Civil persons : Civil Status Register of Municipalities.

 

Recent report from Court of Audit to Parliament:

• errors in Basic Registers;
• warned for spreading of errors throughout the system.

 

Possible interaction between Cadastre and Basic Registers

1. Data at the source:

- Cadastre registers reference numbers

- uploads information connected to reference number in Basic Register;

2 . Cadastre has own database with identifying data of persons

At present data at the source cannot provide the by civil law demanded quality.

Dutch registrars prefer own database with identifying data of persons.

Governance

Organization

Non-departmental public body under the Ministry of Infrastructure.

Governed by Executive Board.

Minister :

- nominates President of Executive Board;

- approves rates for recording in land Register, providing information;

- approves lump sum to be paid for information by public authorities.

 

Executive Board is:

- controlled by Supervisory Board;

- advised by Council of Users.

 

Registrars:

- by law attributed authority to decide on recording in Land Register and updating of Cadastre;

- depending on Executive Board for allocating of budgets for ICT systems

 

Financial

Cadastre and Land Register 80 % of total income

 Other activities :

• Land consolidation;
• Topographic mapping;
• Different activities;
• Support excavations (assist diggers to avoid cables and pipelines).

In 2010 proportional allocation of costs :

10 % of total income used to compensate losses on other activities.

In 2015: evaluation of non departmental bodies:

all the other activities are still loss making.

Makes institution:

- vulnerable for collapse of housing market;

- sensitive for improper incentives.

One Land Administration Domain Model ?

 Too ambitious.

Different cultures will ask for different juridical solutions with the same purpose

National demands on administration model could involve:

• difference civil law/ administrative law;
• difference cadastral boundaries/civil law boundaries/physical boundaries;
• different content equivalent rights.

Differences have to be respected. Neglecting should be in conflict with the principle

of subsidiarity of article 5 of the Treaty of the European Union.

Back to the fit for purpose approach with respect for national cultures.