Making the Cadastre and the Real Estate Registry work together is currently one of the most interesting challenges in the modernization processes of property rights systems.
The problem is usually the same, even going beyond our Hispanic context. On the one hand, the idealism of believing that it is so easy, then the pessimism of the quaternary institutional structures. In the end, who loses is the citizen that all he wants is that his transaction is done quickly and safely. The truth is that for this there is no magic recipe, because although it is a matter of common sense, practice shows us that this is the least common sense among those involved in the chain of the process of a transaction.
Humans are short of memory after a button is failing, and it is a pity that the glory of success occupies poets rather than systematizers to be counted on style, without vainglory but as a simple culture of democratization of knowledge. Sure others have done it with fewer mistakes, but here I outline some basic aspects of how we did it in a Central American country, with some references to the 2014 Cadastre declarations, from which the ISO 19152 standard emerged.
1. The definition and construction of the System is vertebral.
The merit of the system is no longer strange, since we live a time of technological progress and reengineering within the obvious. Of course we are not only talking about the tool, but the complete environment that includes the definition of the business, the linked actors, the legal support, the modeling of technical methods, the lifting of processes, the simplification of those that are related to the management territorial and the life cycle of the technological tool.
Without a correct definition of the business model, almost any system fails. Because the tool is only the medium.
In our case study, the flow was performed as follows, clarifying that they are not sequential steps but almost in parallel, most of which were performed in a time of two years:
A platform was developed that was ready for Registrations, both Real Estate and Cadastre, seen as another registry. This is the Unified System of Records (SURE), which after 11 years, continues to operate, following four government transitions -Including a coup d'état-, rotation of qualified human resources, arbitrary decisions and everything to which we are accustomed the developing countries. It was piloted in a Registral Circumscription with an area of 160,000 parcels, currently operates in 16 of the 24 constituencies and the main reason why it was not eliminated in a political craving was because it was the working tool of the users in Register and in Cadastre -Since it was created-.
In the design of this system, the registration and cadastre processes were erected in the first instance, and recklessly those that could come in the new legislation.
The domain model for Catastro was the Core Register Domain Model CCDM, which in 2003 was barely an abstract post-2014 that was literally a poem. Perhaps this was one of the reasons why the System achieved awards and a very favorable opinion at a FIG Workshop in Czechoslovakia.
The graph above shows the conformation of Folio Real in Unified System of Registers, with the inclusion of Transactions Which is a weakness not modeled in ISO 19152. In its time did not have those names, because the CCDM was hardly a proposal; But logic itself. The CCDM today is the ISO 19152, known As LADM.
Although the technological tool is the most visible at the moment of showing results, this entailed an analysis and systematization of existing processes that has its own history. Complex, because the application of procedures differs between one registrar and another; Also because at the time of performing an automation, what does not work on paper will not work in mechanized system. And without demeaning, that in some contexts, it is preferable to be a dictator rather than a conciliator; Some who literally were forced to make changes with a battery of changes not easy to digest.
It was also necessary to do a great legislative work in which it was easier to create a new law than to reform the existing law. The Registry depended on the Court Superema of Justice, the Cadastre of a Secretariat of the Presidency and the National Geographic Institute of a Secretariat of Public Works. It was necessary to create new mechanisms for regularization, to put a simple example, expropriation in urban areas where there is a conflict of precedents and where people are paying different owners. The law allowed expropriation on behalf of the state, in order to create a trust where people continued to pay, received their title deed and the previous owners went to court to fight their case. Once settled, the money from the trust will be the one who won the judgment.
Although two years did not adjust to do all things, when the new government arrived it was impossible to go back. The tools were machined to make it almost impossible to do the job without using the system.
2. The change of technical registration Folio Personal to Folio Real
On this there are whole books, confusions and perversions depending on who Defends his position. In the case of study, the Folio Real technique already existed in law but was not applied as such, so the main decision was to gradually stop using Personal Folio.
As a general culture, the difference between the two techniques lies in the way of filing documents that support property rights.
The Personal Folio Technique, Maintains the index on the holders, not on the object, so that the identifier of the seat obeys a transaction. Although it is much questioned, the heritage that our parents inherited from our grandparents owe this technique the legal guarantee, not because it was the best, but because well applied by people accustomed to do things in order, worked very well following the steps Logical of the presentation, annotation in the daily volume, marginalization, control of distribution, confrontation and qualification. The difficulties were in the fact that to work a presentation was necessary to consult antecedents in other volumes, with which a high volume of daily transactions returned extremely slow the time of answer; Without forgetting that the registration balance was impossible to control in cases that did not imply total individualization, the control of homonyms was crazy and cases like non-individualized urbanizations, proindivisos and community of goods occupied a little more than Public Fe. It should also be clarified, that Folio real does not obey to more modern processes; Both poorly applied techniques lead to equal errors. Again: if it does not work on paper, it does not work on the machined system, if it did not work on the previous system, it almost certainly will not work on the new one.
The Folio Real technique, unlike, it indexes the properties under license plates of unique identifier, in which the levies, owners, improvements, adjoining, and other characteristics of the property refer. This is done in an extracted manner, referring to folios, contrary to Folio Personal where it was transcribed as the document was and the tract is in marginalization. In the ISO 19152 standard, the property is the Administrative Unit (BA_unit), and can be operated in Personal Folio or Folio Real. Of course, a real estate in Folio Real is almost equivalent to a plot of land and will facilitate the process of linking.
3. The standardization of Cadastre processes.
The stage of modernization of Cadastre was not necessarily pleasant, especially because it generated a conflict between the technicians of the old guard who had enough profitable knowledge with the new ones who knew of technology but did not know many legal bases of the cadastre. Good or bad, we specialize in mistakes and the gain was much greater.
A problem with Cadastre is that it hopes to maintain itself as a specialized island that is very easily outdated, because it is not integrated into the transactional process. Who would not want the tapestry of the cadastre to be respected for all operations of sale, transfer, appraisal, planning of use and procedures in the framework of the new roles.
It was necessary to make changes and document, because to be honest many things were said by the Ancestral aliens But they were not documented. Surely these are aspects surpassed by many countries, but I only tell it to be honest in our case study, where Cadastre is still a complex challenge. Among the aspects that I remember best:
Lifting of the topology continues; Of the parcels and the goods of public use like streets, rivers, lagoons, etc. The former were assigned a cadastral key with their respective cadastral record, to the assets of public use also a cadastral key with its administrative folio. This is necessary, since the property seats, when leaving demembrando they require the whole existence of entrance areas and exit areas; As well as to control future invasions of registered public assets.
Cadastre 2014: Cadastre 2014 will indicate the complete legal status of the territory, including public law and restrictions.
Separation of data by legislative specialization. The maps before the modernization were true works of art, in addition to the plots were sites of legal nature, protected areas, geographical points of interest, risk areas, etc. These were separated into separate maps, making the parcel maps look rather simple, but in order to facilitate the digitization and automation of the topological processes.
This also generated some conflict, because the Cadastre was like the doer of everything. Although he was totally incapable of formalizing their roles, in which there were already responsible institutions within their branches. Unifying the National Geographic Institute with the National Cadastre was not a wise step either, not because it can not be done, but because the environment was not ripe to take the IGN to a role as the regulator of cartography; in those days the concept of IDE was so abstract that it seemed to be taking away the powers of «Great map maker«.
Cadastre 2014: The Manual Cadastre will be a thing of the past.
Separate the update flows from the update ones. By scanning the parcels and the tokens were lifted, once they were digitized, the map-card linkage and the creation of Geoparcela (Spatial_unit) + application of legal and administrative effects (Restrictios + Responsabilities + Rights) were applied mechanically.
The graph is very particular for mass processes. It does not include the other end of the operation, however it more or less summarizes the logic of conformation of Folio Real with its linkage to the parcels of Cadastre.
Once the Map-Link link was created, the Public View was expected, after which the field file was transferred to the cadastral file so that any modification was made via a cadastral maintenance request. This was left in the condition of being able to be made at the request of interested, ex officio or at the request of registered users (surveyors or municipal technicians). Right now the process already has a formed trust, with ready bases for the delegation to a private operator that will not only operate the Cadastre but also the Registry and the updating of the System.
The 2014 Cadastre will be highly privatized. The public sector and the private sector will work together.
The forensic chart, now adapted to LADM acronyms, shows how the processes were shaped under a systemic approach, so that the initial steps Just modeling, But could be automated under a continuous operation approach.
Cadastre 2014: Cadastral mapping will be part of the past. Long live the modeling !.
As you have already noticed, I am being simplistic and brief because of the limitations of the patience of readers on the Internet. But many of the things we did were wrong. Ironic, but one of the aspects that was left out was the fiscal issue, thinking about such a legislative separation, giving too much priority over the legal one. Although the legal competence in the tax was in the hands of no one, we continued with the municipalities from its legislation, to avoid distorting the methods that the Cadastre had already modeled. Of course, this made the municipal systems by their side build their own cadastre modules that until today has been difficult to reconcile.
The suffering of not including the fiscal still hurts in the economic aspect; Basic principle of technological sustainability: If it does not produce money, it will die. Today that is being transferred to an Operator, the simple statistics of daily consultation show that it could start generating much more money some time ago, but at least it won the conformation of the demand.
Linking Property Registration with Cadastre is the easiest step for Make it sustainable... of course, if it were easy. But it's better than wanting to make it sustainable on its own.
The Cadastre 2014 will proceed to recover the costs.
4. The enrollment registration - Cadastral Parcel.
Mechanized the processes as a maquila, the Registry flow was quite simple:
Scanning, cleaning and indexing of volumes, With the purpose of obtaining as a product the book in digital, with the implicit tract in the mechanization and thus to avoid that they continued creating books. Except for Powers / Sentences and other matters that continued to operate in Personal Folio.
Excerpted from active seats and license plates. With this, we had a kind of "digital folio or real folio in formation", which in itself is a real folio (by the applied technique), but according to the particular aspirations of the Honduran law, and the robustness of the system, a Real Folio must be linked to Cadastre.
On the part of Catastro, the massive uprising carried to the cabinet printed maps with photo-interpreted delineation or total station files and field files. In the cabinet was digitized, linked and created geoparcela using tools mechanized at that time with VBA for Microstation Geographics. The graphic shows a later step that was really just an evolution of technology because in 2003 the spatial cartridge was not implemented, but the maps were linked by its centroid under an arc-node scheme, however the whole update process was transactional . Subsequently migrated to spatial database and desktop management with Bentley Map. Currently developing a plugin for Qgis.
Cadastre 2014: The separation between maps and records will be abolished.
Once the BA_Unit (Royal Folio Enrollment) and Spatial_Unit supplies were in place, another maquila process did the job of linking. They revised from the cadastral file, where the Personal Folio referent had been raised, compared aspects of location, headlines, area, antecedent and other herbs to create the linkage.
The following image shows the legal reality linked to physical reality. Although it is an example of urbanized zone, the process is not so simple for diverse reasons. In the best case it was possible to link up to an 51% (Urban and Rural Average), the remaining link will be made to transactional demand and through the titration processes whose goal in this country is ... particular.
The Unified System of Records, once the linkage is created, shows the two realities, with alerts of possible irregularity. So a license plate without a link to Catastro only shows the big alert of «Do not be georeferenced according to law«. Also the effects that restrict the use, domain or occupation of the land, although these two issues are a pending subject ... for another article, because institutional weakness is a topic that technologists do not always understand.
For the bonding process it was necessary -Something late I admit- define automated alert criteria or maintenance mechanism, so as not to interfere with 18 irregular aspects, including:
- One-to-many relationship between plots and enrollments,
- Differentiation of rights by extra-registration documents,
- Difference of areas by apparent invasion of the public area,
- Differences due to mutation in Register or Cadastre after cadastral sweeping,
- Background not extracted,
- Horizontal property,
- Property proindiviso,
- Difference of names of owners or duplication of owners,
- etc., etc., etc.
For this, a technique widely used for the sustainability of technologies was applied: Assign it to the one who hurts the most. The user to see alerts, looks for how to solve them; Total, is one of the principles of Registration: advertising.
Everything was very good, until it is linked to Cadastre.
5. The Cadastre and Registration data will never be the same.
The step of linking for some time "politically attributable" was left to do and to date is one of the complex challenges in the mandatory nature of the law, that any presentation must require the link to the Cadastral Registry. This aspect is somewhat complex, both for being too permissive but also for being as demanding as the Pope. Below are some guidelines, which are mostly processes to be standardized.
The Cadastre and Registration area will never be the same. For this, a tolerance formula was used, which considers the method of measurement, the urban / rural condition according to its size, in this case the maximum scale used in previous surveys, as shown in the following image. As a maximum tolerance we considered 6% and as you can see, using a formula like this, the area drops from 6% to 1% as the size of the property grows.
The formula was inserted as a stored procedure in the database, so that it is dynamically displayed in the system. If the document area is not within that range, then the system raises an alert for area difference.
It is not the same as a cadastral record than a topographical record. If the property is going to be measured five times, its coordinates will be different each time (within a tolerance range). What it means, that if its coordinates are within that margin, it is not necessary to change the cadastral property; For that LADM considers the measurement record, Survey_classes as a relationship between the Source_document and the Spatial_unit.
- It is not possible to insist that The adjoining protocols They must appear as names of persons; Although the principle says that it should be explicit, we understand it is when you should resort to consulting a map, but if the map viewer is so clear that it does not occupy specialty, then the adjoining can be cadastral keys. It seems simple, but making lawyers understand takes time; Which we hope will be solved with the registration draft.
It is not possible to start a process, without Certification of measurement professionals, Methods of measurement, tolerances, formats of file presentation and procedures of coexistence between the data raised with different precisions. If the measurement of a property shows the need to remedy an entire area, because it is wrongly raised or by the difference of method, for that the LADM considers the Point_parcel, which can avoid the trial of Armageddon -Which is currently looming-.
The legal background is a referent, it is not infallible. It was necessary to leave in the law, that the cadastral survey will be made based on the physical situation, and if there is a difference between the documentary area and the cadastral area, and there has not changed the situation of proximity, nor is there evidence of pretensions , Nor is it adjacent to public areas, the cadastral area will prevail. How easy it sounds, but enforcing that existing scriptures should be changed, is another story; Since by law I must recognize the right inscribed and I can not declare irregular what I accepted under previous terms, just because my parameters changed.
It is necessary to define Methods of debugging the information Which facilitate the establishment of regularity of information. If a legal entity is Banco Davivienda, but in the notarial protocols they appear with different names for each branch, a consolidation procedure is required. Similarly, if a property was raised by different routes, but it is the same, it does not occupy a land merger but a consolidation. But both aspects must be legal.
The biggest challenges will always be The human resource, In this sector usually resistant to change and plating to that things should be done only one way. There is nothing left to reinvent and leave safeguards. Rotation for political ends may even be helpful, although we must be aware that it will be the greatest threat. To the extent that legal use can be exploited, outsourcing is a venial sin, provided that more complex private interests are freed.
6. By last:
As I said at the beginning, the object of this article does not seek to launch magic recipes. Especially because the institutional reality in each country is extremely complex, not due to technical or legal aspects, but rather to positions of power and lack of vision of its authorities. However, the example shows that it is possible to do interesting things in third world countries, if they take advantage of moments of glory to tie irreversible aspects. Other countries have achieved it with less folly, others having better conditions Institutional They fight By the real integration.
Property registration is based on common sense. Property rights transactions have existed since man discovered agriculture, and realized that he could create human settlements.
The graph shows a passage from our religious literature, which uses terms that seem to be drawn from an exchange of registry jurisprudence, with paid per diems to the past, in precious metal coins quantified in scales -What a great idea for any official today- Nobody doubted the certainty of the property or the value of the right inscribed in the «Open Shuttle«. Of course, if we wanted to link the cadastre and the register on that date, we would have the same problem, and the same consulting work for herbal smokers like us.
In the case of Honduras, currently looking at the new version of the System, the processes modeled are almost as important as the unreached aspects, because the business is the same, the environment will mutate in the minimum, processes will change. In the world of technological innovation that we live in, between the moment I started to write the article and the date that you happened to read it, there is a new technology boom offering to solve the registry-cadastre problem, and three new consultants offering their services. We must remember that technologies are only an input; The balance between the pressure between technological supply and the demand for modernization is the standard.
Integrating the Registry and the Cadastre is a chapter that must be started. If it is only theorized, and never ripped out, it will be science fiction. Good or bad, once it starts, it takes more art than science to bring it to reality. But the process is so kind, that it hardly occupies a couple of people who have a clear horizon, because the solution in all cases is in the existing human resources, who are specialists in their own subjects: Registration, Cadastre, Territorial Organization, automation , systematization and ... some inspirational marijuana.
New challenges come. The other half of the article is just around the corner.