Every day countries focus on e-government trends, where processes are simplified in order to provide better service to citizens, as well as reducing margins for corruption or unnecessary bureaucracy.
We are aware that the legislation, institutionality and ownership processes in each country are different. However, the rules that serve as a basis for substantive law follow registration principles that seek the same purpose: to ensure legal certainty.
The Land Administration Domain Model (LADM) represents one of the most prized achievements in terms of regulations for Land Administration; If we remember that when the Cadastro 2014 model was proposed, it was only a poetic aspiration but very visionary. An impressive gain of the standard is the possibility of uniforming the semantics for the handling of objects, such that the Property Registration System can be coupled with initiatives at the state level that seek the consolidation of transactional environments focused on a territorial vision.
I know that it may seem a legal aberration and even illusory, depending on the optics of the institutions of each country. However, the focus of this article is the possibility that the Registry and Cadastre, apart from being an island, can (their data, not them), be added to the transactional process data infrastructure.
It should be understood that although the spirit of this article is technological, LADM is so noble that it allows adapting to the legislation and institutionality of each country, without forgetting that reengineering is not superfluous.
The core of common data
The graph at the end of the article shows how the main components of the LADM can constitute a nucleus on which different processes interact, linking the elements of the System of Property Rights, not only applicable to real property, but also furniture. At the center the main elements of the registration action are observed:
- The object of registration, which may well be a plot, a vehicle, a ship, with or without georeferencing to the cadastre, under personal folio technique or in real folio.
- The interested parts; Natural persons, legal entities or non-formal groupings. All those involved in the chain of the transactional process.
- Legal and administrative charges; Relations of law, restriction or responsibility that affect the use, domination or occupation of the goods.
- The right between the object and the interested parties, registered or in fact. In the standard even the right is identified as a further legal assessment.
Although they are not the only elements, they are the ones that concentrate the actions of the actors associated with the transaction: the bank, the notary, the surveyor, the mapping technician, who are just other stakeholders with different roles.
How to call them and how to model them? ISO: 19152
The possibility of process integration under a core platform
The fact is that these same elements appear in the different processes of a country: They are the same people that the official Registry of Persons manages for electoral purposes, the same people that appear to be carrying out fiscal procedures, business operation permits, construction formalities, Of passports, etc.
Of course, it is not easy to establish public policies to standardize this. Just as an example, the praying bandages that force the registrar to use the name just as the notary created it. So that although in the base of people is Maria Albertina Pereira Gómez, and the notary Maria Albertina Pereira de Mendoza, create another person, if the system does not have a procedure for consolidation or alias management.
These are the same goods that are taxed, those that contain the permits, those that acquire restrictions of use, etc.
So in a country that promotes a central transactional platform, the case of Land Registry and Cadastre are just another user, within their roles of Registration and Legalization. Other institutions act in their roles such as Risk Management, Territorial Planning, Planning, Collection, Socioeconomic Development, Infrastructure, etc.
Outside of being an island, the Land Registry becomes an important piece in the puzzle of transactional processes. It does not matter where the process begins, if with the notary, in the bank, in the municipality or in the entity responsible for issuing the title, the Registry + Cadastre are added to the ideal scenario:
If an institution plans the construction of a bridge, the Registry provides the information regarding the public or private real property where it will be located; This object at the design level receives an identifier in the Infrastructure System, using the Cartographic Registry information that contains the digital terrain model, geological characteristics and use context. The same object is identified in the Public Investment System for the budgetary provision, and once built a buffer of 500 meters is registered that affects the immediate parcels indicating regulations for the construction of entrances in the private lands and also on the region of the channel Downstream with a ban on the issue of permits to extract aggregates. Finally, once the finished work is delivered under concession to the municipality to assume a cycle of periodic maintenance.
But all data, enter a System of Records that share common data. The Registry / Cadastre only exhibited a location service, but in return it received regulations that affect the adjoining properties.
Thus, each institution assumes its role in its specialty level, achieving both efficiency in service and promotion of development which is what ultimately counts for the general interest, if we take into account that the reduction of costs and transactional times is The only element that depends on the government in the different factors associated with development such as technology and other resources.
Clarifying that this does not imply changing the roles, competencies and principles pursued by the Property Registry. Rather, it is standardized to a Unified System of Records, where Cadastre is one more record, which will be the spatial_unit linked to the enrollment in Real Folio. As it is a record plus the regulations of territorial ordering, as it is a registry plus the vehicle registration, shipping, etc.
It is clear that reaching these levels requires a broad vision of the country, although it is no longer strange even in developing countries. Each day it is in charge of public institutions, more professional with the potential of forming multidisciplinary teams that see the public administration with an analogous perspective to the large companies from which they come. This is the case of the adaptation that have had models where a municipality is seen as a modular fabric where there is production, logistics, distribution, inventory, shipments, invoices and accounting; Although the size and normative powers differ. That is why the traditional systems for ERP-type municipalities have been so successful.
But a system like the one we're talking about, can not assume that it will work with desktop developments and client-server schemas. Rather, it requires the application of multilayered architectures with service orientation, where the development of presentation layers are separated from business logic, and controlled by processing engines in languages such as Business Process Modeling and Notation (BPMN 2.0) . In this way, simple processes like the constitution of a mortgage, or complex as the individualization of an urbanization, can be decomposed into services oriented to tasks, entities, utilities, such that it is not necessary to develop each service separately, but rather Orchestrate them into generic functionalities.
Service-based architectures facilitate the life and maintenance of large systems, while keeping users doing only what they are specialists in; No matter where they are, the GIS technicians make a topological operation that dismantles a real estate, inheriting rights over an enrollment in Folio Real that is not separated from its geometry. So incorporating schemes like Front-Back Office are not difficult scenarios, because the System is the least; What matters only is to couple the display window to a service where customer service is separated from the processing area.
Advantages of using LADM
The simplest, coming from a statement of 20 years ago:
Long live modeling!
That is why one of the urgent challenges of the new surveyors and professionals of the geomatics, is to learn to understand models. A standard allows to standardize the semantics for a so specialized aspect, that only has to be told to the developer: apply the ISO: 19152. I wish it were that simple, but it is much easier than waiting for others to come and tell you how the Property System should work, when our notaries and catastreros are the specialists.
For that of the pussy ...
Interesting challenge of the table of inspiration to which I have returned and what I share this extract for the sake of the democratization of knowledge that today is irreversible. Conscious that the emotion that provokes the technology must be patient of the complex that is the institutional role, without which it will not be possible to take it to the reality.
At the end of the day, the article sounds like science fiction -hoy-. But in the example of the country that I am speaking, that same thing was said 11 years ago when it was necessary to draft a new Property Law, with the creation of an institution that included within the same command line the Cadastre, the Registry and the institute National Geographic. Institutions with different purposes - yes - because they grew disparate; But you just have to go see the good practices of the neighbor and smoke a good pure inspiration to see where things are walking. Especially because we do not know when we will have those five minutes of opportunity to act.
Institutional models evolve slowly, the pressure of technology can never be coupled to that rhythm. That's why standards make that break-even point. In 8 years the technological lag always gives the reason, although the institutional lag takes almost 30 years to be noticed.