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Land Use Policy 18 (2001) 297–307

Land administration ‘‘best practice’’ providing the infrastructure for


land policy implementation
Ian P. Williamson*
Department of Geomatics, The University of Melbourne, Victoria 3010, Australia
Received 24 November 2000; received in revised form 19 March 2001; accepted 20 March 2001

Abstract

Land administration systems, and particularly their core cadastral components, are an important infrastructure which facilitates
the implementation of land use policies. While most land administration systems traditionally have a primary objective of
supporting the operation of land markets, they are increasingly evolving into a broader land information infrastructure which
supports economic development, environmental management and social stability in both developed and developing countries. While
a great deal of attention is given to land use policies worldwide concerned with such areas as forest management, coastal zone
management, environmental sustainability and managing the urban environment, less attention is given to the infrastructures which
facilitate the implementation of the associated policies and programmes. Importantly, all these activities rely on some form of land
administration infrastructure which permits the complex range of rights, restrictions and responsibilities in land to be identified,
mapped and managed as a basis for policy formulation and implementation. As a result, there is an increasing interest in the concept
of land administration infrastructures and their core cadastres, in the principles and policies concerned with establishing such
infrastructures and in ‘‘best practices’’. In addressing this need, this paper attempts to explain the evolving concept of land
administration infrastructures, the concept of ‘‘best practice’’ and the concept of a land administration ‘‘tool box’’ of principles,
policies, laws and technologies which are useful in reforming or re-engineering land administration systems in support of a broader
land policy agenda. r 2001 Elsevier Science Ltd. All rights reserved.

Keywords: Land administration systems; Cadastre; Infrastructure; Land information; ‘‘Best practice’’

Introduction * moving from command economies to market econo-


mies, such as in Eastern and Central Europe,
Land administration systems, and particularly their * addressing injustices from apartheid, such as in
core cadastral components, are an important infra- Southern Africa,
structure which facilitates the implementation of land * re-building shattered social and governmental institu-
use policies in both developed and developing countries tions after war, such as Kosovo, East Timor, El
(UN-FIG, 1999). These systems are concerned with the Salvador and Nicaragua,
administration of land as a natural resource to ensure its * trying to raise themselves from poverty, such as
sustainable development. Land administration systems Ghana, Bangladesh, Nepal and Peru, and
are concerned with the social, legal, economic and * struggling to accommodate major financial crises,
technical framework within which land managers and such as Indonesia.
administrators must operate (UNECE, 1996). In devel-
oping countries, the introduction or improvement of
All these countries and many more across all
appropriate land administration systems is a key
continents are endeavouring to build appropriate land
component of land policy for countries:
administration infrastructures for a wide range of
reasons.
The role of a land administration infrastructure is
*Corresponding author. Tel.: +61-3-8344-4431; fax: +61-3-9347- even more evident in developed countries. In these
4128. countries the infrastructure supports the operation of
E-mail address: ianpw@unimelb.edu.au (I.P. Williamson). land markets, the use and creation of capital, land use

0264-8377/01/$ - see front matter r 2001 Elsevier Science Ltd. All rights reserved.
PII: S 0 2 6 4 - 8 3 7 7 ( 0 1 ) 0 0 0 2 1 - 7
298 I.P. Williamson / Land Use Policy 18 (2001) 297–307

planning, land taxation systems, urban infrastructure for the effective collection, management, access, delivery
and to a large extent most of the natural resource and utilisation of geospatial data’’ (Coleman and
management through the provision of spatial frame- McLaughlin, 1998). An SDI typically comprises core
works providing topography, land tenure, value and data sets such as the topography, hydrology, cadastre,
land use. administrative boundaries, geographic names and geo-
Within this paper, land administration is defined as detic framework. Within a country there is a hierarchy
the processes of determining, recording and disseminat- of SDIs from the local to state to national levels. The
ing information about the tenure, value and use of land key to the success of the SDIs is an understanding of the
when implementing land management policies (UN- role of partnerships between all the components and the
ECE, 1996). It is considered to include a core cadastre relationship between the SDI as an infrastructure and
(usually including land registration, cadastral surveying, the business systems it supports (Chan and Williamson,
cadastral mapping and related indices), multi-purpose 1999; Rajabifard et al., 2000).
cadastres and/or parcel based land information systems, While a great deal of attention is given to land use
and in many systems is closely related to or facilitates or policies worldwide concerned with such areas as forest
includes information on land use planning and valua- management, coastal zone management, environmental
tion/land taxation systems (although land administra- sustainability and managing the urban environment, less
tion does not usually include the actual land use attention is given to the infrastructures which facilitate
planning or land valuation processes). the implementation of the associated policies and
As stated by Kaufmann (1999), land management programmes. Importantly, all these activities rely on
needs reliable information about the existing land and some form of land administration infrastructure which
its resources and about the legal situation of these items. permits the complex range of rights, restrictions and
Cadastres provide the ‘‘book-keeping’’ for this informa- responsibilities in land to be identified, mapped and
tion within the wider land administration and land managed as a basis for policy formulation and
management systems. The core of a land administration implementation. As a result there is an increasing
system is the cadastre. A cadastre is defined as a parcel- interest in the concept of land administration infra-
based and up-to-date land information system contain- structures, in the principles and policies concerned with
ing a record of interests in land (e.g. rights, restrictions establishing such infrastructures and in ‘‘best practices’’.
and responsibilities). It usually includes a geometric The reality is that in most countries the land
description of land parcels linked to other records administration infrastructure provided by the cadastral
describing the nature of the interests, and ownership or and land registration activities, and surveying and
control of those interests, and often the value of the mapping activities, is the only available infrastructure
parcel and its improvements (FIG, 1995). While this which enables the implementation of integrated na-
definition is relevant for the vast majority of countries tional, state or provincial land policies. Unfortunately
today, the cadastral concept continues to evolve as seen these land administration infrastructures are often out
in the International Federation of Surveyors (FIG) of date and inadequate to serve a more integrated role,
document ‘‘Cadastre 2014’’ (Kaufmann, 1998). even though they are usually the only option if an
For economic reasons, most land administration integrated national approach is needed. This results in
systems (and particularly their core cadastres) have purpose-built infrastructures being created which in turn
historically had a primary objective of supporting the results in isolated land information ‘‘silos’’ which are
operation of land markets. However, they are increas- jealously guarded, cannot be integrated or combined,
ingly evolving into a broader land information infra- and are usually not shared (Mooney and Grant, 1997).
structure which supports economic development, These separate purpose-built spatial or map based
environmental management and social stability in both infrastructures have been created in virtually all
developed and developing countries. The trend for the countries and particularly in developing countries.
key components of land administration systems, the Examples in forestry, planning, agriculture, land reform,
cadastral and land registration activities, to evolve into environmental management, city administration, valua-
land information systems within an information tech- tion and land tax departments or ministries are common
nology environment, has also seen the evolution of the worldwide. While difficult to achieve, the need for a
Spatial Data Infrastructure (SDI) concept as a key common land administration infrastructure and parti-
component of land administration infrastructures (Wil- cularly the SDI, is generally accepted in both rural (UN-
liamson and Ting, 2000). This has resulted in the FIG, 1999; Williamson et al., 2000) and urban areas
increasing integration of traditional land administration (Suwarnarat et al., 2000) to implement broad or
and national mapping activities into one governmental integrated land policies (Mooney and Grant, 1997).
institution (Mooney and Grant, 1997; Williamson et al., This increased interest in improving land administra-
1998). In this paper, an SDI is defined as ‘‘the policies, tion systems has been partly due to the dramatic changes
technologies, standards and human resources necessary that have occurred in Central and Eastern Europe and
I.P. Williamson / Land Use Policy 18 (2001) 297–307 299

Southern Africa. However, the reality is that there has The paper focusses on two aspects of ‘‘best practice’’.
been major land administration reform worldwide In recognising that best practice is dynamic, the
during this period, with no indication of a slowing evolution of best practice is firstly summarised and
down of the reform process. As a result there has been analysed. Included in this review is a summary of the
considerable attention in recent times given to land major publications, institutions and persons that have
administration principles and what constitutes ‘‘best contributed to ‘‘best practice’’, particularly over the last
practice’’. For example, over the last 20 years there has 50 years or so. In this context, the paper secondly
been a large increase in land administration type discusses the dimensions of best practice in the context
projects supported by the World Bank (Deininger and of different humankind to land relationships in a
Binswanger, 1999; Razzaz and Galal, 2000). country, the dynamic nature of the humankind to land
This paper proposes that land administration ‘‘best relationship and the consequent evolving land adminis-
practice’’ evolves over time and varies from place to tration response, and the different stages of development
place and country to country in response to national and of different countries. It then concludes with a discus-
global drivers. To introduce the concept of ‘‘best sion of the land administration ‘‘tool box’’ concept of
practice’’ in land administration systems, the paper ‘‘best practices’’.
briefly reviews the development of ‘‘best practice’’ in
land administration over the last 50 years. While the
paper focusses on world’s best practice, it emphasises The evolution of ‘‘best practice’’ in land administration
developing and emerging industrial countries and their
wide range of land tenure relationships. These relation- Land administration ‘‘best practice’’ has evolved as a
ships range from areas in cities with active land markets result of the changing relationship of humankind to land
approaching modern land markets, to whole provinces and the global drivers of sustainable development,
which are almost completely under traditional or urbanisation, globalisation, economic reform and tech-
customary tenures. nology (Ting et al., 1999; Ting and Williamson,
In recognising the principle that what is ‘‘best 1999a, b). In recent years globalisation is being balanced
practice’’ for one country is not necessarily ‘‘best by localisation as a competing and often complimentary
practice’’ for another, the paper considers the dimen- phenomena as discussed in the 1999/2000 World
sions of land administration reform that influence ‘‘best Development Report (World Bank, 2000) as follows:
practice’’ for a specific country or set of circumstances
Globalization, which reflects the progressive integra-
within a country. This leads to the concept of a land
tion of the world’s economies, requires national
administration ‘‘tool box’’ of options for reforming or
governments to reach out to international partners
re-engineering land administration systems based on
as the best way to manage changes affecting trade,
‘‘best practice’’ components.
financial flows, and the global environment. Locali-
The focus of the paper is on land administration best
zation, which reflects the growing desire of people for
practice from a perspective centred on the development
a greater say in their government, manifests itself in
of land administration systems based on cadastral
the assertion of regional identities. It pushes national
principles, SDIs, institutions, legal frameworks, systems
governments to reach down to regions and cities as
and associated technologies. The paper acknowledges a
the best way to manage changes affecting domestic
great deal of experience in land management and land
politics and patterns of growth.
administration related areas, concerned with common
property regimes, sociology and anthropology, land use Historically modern land administration systems and
planning, valuation and land taxation systems, and does resulting ‘‘best practices’’ realistically became estab-
not attempt to summarise these areas or disciplines. lished in the late 18th or early 19th century with the
While all these areas can be critically important to land development of the Napoleonic cadastre and the
administration reform, the focus of the paper takes the establishment of ‘‘modern’’ land administration systems
more technical perspective of land administration which by colonising powers such as England, France, The
has grown out of cadastral, land registration and Netherlands, Germany, Portugal and Spain. Today the
national mapping systems and experiences and which challenge in most developing countries is to integrate
facilitates or underpins many of these activities. these so called ‘‘modern’’ land administration systems
The paper also recognises that many ‘‘best practices’’ with indigenous cultures and tenure systems, and rapidly
are often influenced from either an English Common expanding informal sectors and institutions (see, for
Law or a Civil Code (European) perspective (and example, De Soto, 1989, 1999; Kalabamu, 2000).
increasingly from a traditional or customary perspec- An example of a ‘‘modern’’ system is the Torrens
tive), although an attempt has been made in the paper to System of title registration which was developed in
ensure that the concept of ‘‘best practice’’ is considered Australia in the mid-19th century (Simpson, 1976). As a
from a generic perspective. result of the Torrens system being seen as ‘‘best
300 I.P. Williamson / Land Use Policy 18 (2001) 297–307

practice’’, it was introduced into many British colonies of land administration with strong links to land
in the late 19th or early 20th century as well as into such valuation, land use planning and a focus on land
countries as Thailand, Brazil and Hawaii (before it markets. The latter part of the 1990s then saw a growing
became a state of the USA). These systems however recognition of the need for land administration systems
were generally introduced to support the property to better address sustainable development priorities,
interests of the colonising power, the expatriate popula- consider common property institutions, informal sys-
tion and a wealthy elite. These systems had a clear tems and indigenous cultures and tenures.
economic focus. They were usually not designed for This trend from a technical focus in land administra-
general application across the entire population of a tion and particularly cadastres to one more concerned
country. with economic, social and environmental issues can be
Both colonisation and de-colonisation have been a clearly seen from the work and focus of the UN and
driving force for land administration reform (and ‘‘best such non-government organisations such as the FIG
practice’’) over the last 200 years. Examples of the over the last 30 years or so. In the 1970s and 1980s the
tensions resulting from attempts to accommodate focus of the UN was more concerned with cadastral
western land tenure and title systems with indigenous surveying and mapping (UN, 1973, 1985). The FIG
or customary land tenure systems are common in both spent several years developing a Statement on the
developed countries (for example, Australia, New Cadastre in 1995 and then together with the UN
Zealand, USA, Canada, Norway, Finland) and devel- developed the joint UN-FIG Bogor Declaration on
oping countries (for example, Indonesia, Malaysia, most Cadastral Reform (UN-FIG, 1996). This then lead to
African and Latin American countries, and most Pacific the development in 1999 of the joint UN-FIG Bathurst
island states) are regularly found in the daily press. Declaration on Land Administration for Sustainable
The latter half of the 20th century saw a great deal Development. These trends are also clearly evident from
more attention given to land registration, cadastral a review of the World Bank’s Land Policy Network at
surveying and land administration in general. Without www.worldbank.org/landpolicy. All of these documents
doubt, land administration ‘‘best practice’’ evolved contribute to the evolving concept of land administra-
during this period, and continues to evolve to this day. tion ‘‘best practice’’.
During this period there have been two major forces The UN Economic Commission for Europe (UN-
promoting land administration reform. The first is the ECE) was a key catalyst in broadening the focus from
desire of countries to promote economic development cadastral systems to land administration during the
by improving their land administration institutions and 1990s through the work of the Meeting of Officials on
infrastructure. Current land administration projects in Land Administration (MOLA) and the resulting Land
Thailand, Philippines, Laos, Greece and Vietnam are Administration Guidelines (UNECE, 1996). The
examples, although there are parallel examples occur- MOLA initiative was sensitive to there being too many
ring in most developed and developing countries. The strongly held views of what constituted a cadastre in
second driving force is political and is more concerned Europe and needed another term to describe these land
with justice and the restitution of land rights. Examples related activities. MOLA also recognised that any
are the changes in southern Africa as a result of the fall initiatives that were primarily focussed on improving
of apartheid and the changes in Eastern and Central the operation of land markets had to take a broader
Europe as a result of the change from command to perspective to include planning or land use considera-
market economies, with the establishment of private tions and land tax or valuation. As a result MOLA
land ownership and land markets. However, in many adopted the term ‘‘land administration’’ instead of
countries there has been a combination of these forces ‘‘cadastre’’. Interestingly today most of the work of
(such as in China) and the need to often address security MOLA is still concerned with the traditional cadastral
of tenure issues (such as in Indonesia). areas of land registration, cadastral surveying and
As described by Williamson and Ting (2001), for mapping, and associated computerised land information
much of the 1950s–1970s or so, the focus was either on systems which are the focus of this paper.
the technical aspects of cadastral surveying and map- One result of these trends is that land administration
ping or land reform issues. Much of the literature systems have to administer a greater variety and
focussed on individual cadastral or land registration complexity of rights, restrictions and responsibilities
activities. It was not until the mid-1980s that the role of and have to take a more integrated, holistic and national
cadastral systems and land information was starting to view of land administration. Also, as a result of the
be widely understood in the broader context of land impact of information and communication technologies
administration. However, while there continues to be an on land administration systems, a clear vision of what
active interest in cadastral systems due to their central the future land administration systems and particularly
role in land administration infrastructures, there has the future cadastral systems will look like in a decade or
been an increasing focus in the 1990s on the broader role so is becoming more urgent.
I.P. Williamson / Land Use Policy 18 (2001) 297–307 301

The sources of land administration best practice 3. The FIG has been active in promoting discussion on
cadastral and land management issues for almost
As mentioned, one of the most recent examples in the 100 years. In recent times, Commission 7 (Cadastre
evolution of ‘‘best practice’’ is the joint UN-FIG and Land Management) of the FIG has produced
Bathurst Declaration on Land Administration for such publications as the 1995 Statement on the
Sustainable Development (UN-FIG, 1999; Williamson Cadastre (FIG, 1995), the 1996 UN-FIG Bogor
et al., 2000) which resulted from a Workshop and Declaration on Cadastral Reform (UN-FIG, 1996),
International Conference on Land Tenure and Cadas- the 1997 report on benchmarking cadastral systems
tral Infrastructures for Sustainable Development. The (Steudler et al., 1997), the 1998 CADASTRE 2014
declaration established a strong link between land (Kaufmann, 1998; Kaufmann and Steudler, 1998)
administration and sustainable development. Impor- and the 1999 UN-FIG Bathurst Declaration (UN-
tantly this declaration sets out evolving concepts and FIG, 1999; Williamson et al., 2000). The four-yearly
principles which add to and build on the rich body of FIG Congresses are also a rich source of cadastral
knowledge in land administration and particularly and land administration papers (see the Proceedings
cadastral systems developed over more than half a of the 1998 Congress, for example, at the Commis-
century. This body of knowledge includes a wide range sion 7’s www site accessed through http://
of journal articles, books, reports, statements, policies www.fig.net/). The FIG has sponsored the Interna-
and declarations from international organisations such tional Office of Cadastre and Land Records
as the UN and the World Bank, from individual country (OICRF) which is supported by The Netherlands
governments, as well as from many individuals. Government since 1958 as one of its permanent
A summary of some of the key institutions active in institutions. It has an extensive list of references
developing land administration ‘‘best practice’’ and which can be accessed at www.oicrf.org.
some important ‘‘best practice’’ publications is useful 4. Publications sponsored by the former British
in understanding the evolution of the concept of land Colonial Office (renamed the Ministry of Overseas
administration ‘‘best practice’’. The following summary Development, then the Department of Overseas
is expanded from Williamson and Ting (2001): Development and now the Department for Interna-
tional Development) such as ‘‘Land Registration’’
by Dowson and Sheppard (1956), ‘‘Land Law and
1. Reports from the Land Tenure Service of the UN Registration’’ by Simpson (1976) and ‘‘Cadastral
Food and Agriculture Organisation (UNFAO) from Surveys within the Commonwealth’’ by Dale (1976).
as early as 1953 with the publication of the classic 5. The Proceedings of the United Nations Regional
document titled ‘‘Cadastral surveys and records of Cartographic Conferences (UNRCC) which led to
rights in land’’ by Sir Bernard O. Binns (Binns and meetings on cadastral surveying and mapping in
Dale, 1995) which was revised by P.F. Dale in 1995. 1973 and 1985, a meeting on surveying and mapping
Also the UN Centre for Human Settlements has legislation in 1997 and in particular led to the
been particularly active in land issues over the last development of the UN-FIG Bogor Declaration on
decade or so, and particularly in the area of security Cadastral Reform in 1996 and the UN-FIG Bath-
of tenure, the formalisation of informal settlements urst Declaration on Land administration for Sus-
and access to land. See www.unchs.org/unchs/land/ tainable Development in 1999 discussed above. The
land.htm. UNRCC is currently administered through the UN
2. The World Bank has been active in land policy, land Department of Economic and Social Affairs
reform, land titling and land administration for (DESA) in New York.
almost 30 years. A review of the World Bank’s land 6. Many developed countries have made a major
policy for the last 25 years can be seen in Deininger commitment to development assistance in land
and Binswanger (1999). Numerous other publica- administration and particularly the establishment
tions have been produced by individuals such as and reform of cadastral systems in developing
Dunkeley and Whitehead (1983), Feder et al. (1988), countries. These countries include The Netherlands
Feder and Feeney (1991), Holstein (1996) and (and particularly the International Institute for
Byamugisha (1999). See the World Bank’s Land Aerospace Survey and Earth Sciences (ITC)), the
Policy Network at www.worldbank.org/landpolicy United Kingdom, Sweden, Australia, Germany,
for an extensive list of activities and publications. France, Canada, the USA and Spain. While these
Noting that the Land Policy Network has a countries have contributed a great deal to the
primarily rural focus, the World Bank also supports development of land administration systems,
a complimentary Land and Real Estate Network there are few generic ‘‘best practice’’ publications
which has an urban focus (see, for example, Razzaz resulting from them. Germany (GTZ) is a good
and Galal, 2000). example of a country which has encouraged the
302 I.P. Williamson / Land Use Policy 18 (2001) 297–307

documentation of ‘‘best practice’’ with the most University of Florida, USA and the University of
notable publication being Land Tenure in Develop- Melbourne, Australia (see, for example, http://www.
ment CooperationFGuiding Principles (GTZ, 1998). geom.unimelb.edu.au/research/SDI research/). The
See http://www.gtz.de/. ITC in the Netherlands is of particular importance
7. As a result of the changes that occurred in Eastern due to the significant resources provided and
and Central Europe in the early 1990s, with a attracted by it for both education, training and
change from command economies to market econo- research. Over the last decade it has placed
mies, the UNECE saw the need to establish the increasing emphasis on education and research for
MOLA (noting MOLA has now been upgraded in land administration in developing countries (see
the UNECE to the Working Party on Land http://www.itc.nl/).
Administration (WPLA). See http://www.unece.org/
env/hs/wpla/welcome.html). In 1996, MOLA pro-
duced the Land Administration Guidelines (UN- The dimensions of land administration reform
ECE, 1996) as one of its many initiatives.
8. Various books such as the two by Dale and In undertaking land administration reform by draw-
McLaughlin (1988, 1999) on ‘‘Land Information ing on ‘‘best practices’’ in land administration, it is
Management’’ and on ‘‘Land Administration’’, by important to consider the factors that drive or affect the
Larsson (1991) on ‘‘Land Registration and Cadas- reform and the choice of the specific strategies adopted.
tral Systems’’and by Groot and McLaughlin (2000) These factors are many and varied, which re-enforces
on ‘‘Geospatial Data Infrastructure: Concepts, the statement that the land administration system for
Cases and Good Practice’’. each country requires its own individual strategy. On the
9. Numerous articles in technical journals such as The other hand, strategies can be developed using the ‘‘tool
Survey Review (UK), The Australian Surveyor box’’ approach. That is each specific strategy and
(Australia), such as Williamson (1990) and GEO- resulting system can be made up of many separate,
MATICA (Canada), in land policy journals such as well-understood, proven and generally accepted princi-
Land Use Policy (see Rattanabirabongse et al., ples and concepts.
1998), in more general planning journals such as In designing a strategy it is first important to
CITIES (see Suwarnarat et al., 2000) and in recognise that almost every country will require a range
international surveying, land administration and of different strategies depending on the relationship of
cadastral conferences such as Holstein (1996), Burns humankind to land in each individual region in the
et al. (1996) and McGrath et al. (1996). Also specific country. In simple terms, these arrangements
numerous conferences, workshops and meetings include:
such as the International Land Policy Conference * cities and urban areas, where active land markets
in Florida in 1996 (http://www.surv.ufl.edu/publica-
operate on titled land;
tions/land conf96/Barnstoc.htm), the international * cities and urban areas, occupied by informal settle-
cadastral reform conferences at the University of
ments (squatter, illegal or low-cost systems outside
Melbourne in the early 1990s, the International
the formal or regulatory structures);
Conference on Land Policy Reform, Jakarta, 2000 * high-value agricultural lands which are titled and are
(see www.landpolicy.org (McKean, 2000)), many
part of the formal land market;
conferences in Western and Central Europe and * private untitled lands in rural areas and villages;
numerous events sponsored by organisations such * informal or illegal settlements in rural areas, espe-
as the UN and the FIG.
cially in government forests;
10. The extensive research by the Land Tenure Center * lands which are subject to indigenous rights;
at the University of Wisconsin-Madison which was * lands in all categories which are the subject of claims
established in 1962 with a particular focus on the
from previously dispossessed persons; and
land tenure issues in Latin America and increasingly * government or state lands, reserves and forests and
Eastern and Central Europe (see http://www.wisc.
usually many other forms of common property.
edu/ltc/).
11. Various research groups, typically in universities, To some degree these categories are common to all
investigating land administration issues and parti- developing (and many developed) countries.
cularly cadastral topics in developing countries, The second consideration is that the relationship of
often located in surveying, geomatics, geography or humankind to land is dynamic with the result that there
law departments. Examples include the University is an evolution in each of these categories. None of these
of New Brunswick, Canada; the Technical Uni- relationships stay the same in the long term. They are
versity of Delft, The Netherlands; Aalborg Uni- affected by the impact of the global drivers on the
versity, Denmark; several German universities; the relationship of humankind to land such as sustainable
I.P. Williamson / Land Use Policy 18 (2001) 297–307 303

development, urbanisation, globalisation, localisation, For all these arrangements there are a range of
economic reform and environmental management, as technologies which are again strongly influenced by the
discussed above. As a result, a different land adminis- wealth and development of the country. For example,
tration response is required for each area or situation, whether titles or deeds and cadastral maps will be
within an overall national vision or strategy. The computerised or held as paper records or whether the
categories of land tenure can be considered a continuum Internet can be utilised to access land records.
of land tenure relationships in a country where to some Institutional arrangements are influenced by the same
degree tenures evolve from undocumented customary or factors, namely whether the system is decentralised,
informal tenures to documented or formal individual deconcentrated or centralised, and the level of education
private rights. and training in a country. For example, if a country such
Third, the stage of development of the specific as Indonesia wished to have a land administration
country has a major impact on the appropriate form system supported by a land title and cadastral surveying
of land administration response, and what is considered system similar to Australia, this could possibly require
‘‘best practice’’ for the individual country. As an 40,000 professional land surveyors and 30 or more
example, in simple terms in the Asia-Pacific area there university programmes educating professional surveyors
are four general categories of countries: (based on Steudler et al., 1997). Clearly this is not
realistic in the short to medium term and as a result this
* developed countries, such as Japan, Korea, Australia,
re-enforces the need to develop appropriate solutions
New Zealand and Singapore;
matched to the stage of development and specific
* newly industrialised countries or countries in transi-
requirements of the individual country.
tion, such as PRC, Indonesia, Thailand, Malaysia
and the Philippines;
* countries at an early stage of development such as
Components of land administration ‘‘best practice’’
Vietnam and Laos; and
* island states such as Fiji, Tonga and Vanuatu.
Recognising all the above constraints, this paper
While each country has different development prio- proposes that there are a range of ‘‘best practices’’ that
rities, those in each group do share some similar are useful in undertaking the establishment or re-
priorities. A complication is that many countries do engineering of land administration systems (also see
not fit easily into these categories with some countries Williamson, 2000). These can be considered as the
having aspects of all categories. But in general, the stage theories and principles supporting land administration
of overall development of an individual country does and the major components of the land administration
significantly influence the choice of which land admin- ‘‘tool box’’. These could be considered under the
istration strategies are adopted. following headings.
The combination of all these factors determine or at
least strongly influence, the specific strategy or strategies Land policy principles
adopted in reforming or establishing the land adminis-
tration system. These strategies draw on the land Land policy principles which are relevant to land
administration ‘‘tool box’’ for their institutional, legal, administration could include a statement on the roles
technical and administrative solutions. and responsibilities of the various land-related activities
For example, there is a whole range of surveying and such as land management, land reform, land registra-
mapping technologies and approaches depending on tion, cadastre and particularly the role of land admin-
what is the stage of development of the country and istration as an infrastructure. These principles could be
what is the major relationship of humankind to land included in a state or national land policy. Such a policy
which is being surveyed or mapped. These options could recognise the range of humankind to land
include sporadic and systematic approaches, graphical relationships in a jurisdiction and the need for appro-
and mathematical surveys, different positioning tech- priate land administration responses and could describe
nologies such as satellite positioning or scaling off the land administration infrastructure which facilitates
photomaps, different mapping technologies such as the development and implementation of land policies.
photomaps, topographic mapping and simple cadastral The principles could include the components in an
maps. integrated or holistic state or national land administra-
In addition, there is a range of options for recording tion vision as part of a land policy. The land policy
the land tenure relationships. There are government framework could clarify the role that an integrated land
guaranteed land titles, deeds registration systems, title administration infrastructure plays in supporting land
insurance systems, qualified titles (both to boundaries markets, the management of cities and urban areas, and
and title), individual ownership and communal or many natural resource and environmental management
customary ownership. policies. The land policy framework could recognise the
304 I.P. Williamson / Land Use Policy 18 (2001) 297–307

growing complexity of rights, restrictions and responsi- As mentioned previously, the cadastral concept
bilities relating to land and the consequent demands continues to evolve as seen by the FIG publication
on land administration infrastructures. Other land ‘‘Cadastre 2014’’ (Kaufmann, 1998) which describes a
policies such as decentralisation (or deconcentration) future vision for cadastres (Note: Cadastre 2014 was the
and cost recovery of government services which have a result of a Working Group of Commission 7 (Cadastre
significant impact on the performance of land adminis- and Land Management) of the FIG established in 1994
tration strategies could be considered. However, the with the objective of developing a 20-year vision for
overall principle is that land policy drives legislative cadastres). Cadastre 2014 introduces a new definition of
reform, which in turn results in institutional reform cadastre where the focus is on land objects instead of
and finally implementation with all its technical land parcels. In this context, a land object is a piece of
requirements. land in which homogenous rights, restrictions and
responsibilities exist within its boundaries. This defini-
tion is in accordance with the trend for cadastres to
Land tenure principles
record more complex arrangements of rights, restric-
tions and responsibilities in response to cadastres having
The key land tenure principle is the recognition that
to accommodate environmental and social priorities in
most countries, and particularly developing countries,
addition to the traditional economic driver.
exhibit a range of land tenures, each requiring a different
land administration strategy if it is to be recognised
formally. This is particularly relevant where indigenous Institutional principles
or informal tenure relationships are being addressed.
There needs to be a recognition that there is a range of While institutional principles should be dependent on
responses from the land administration ‘‘tool box’’ that policy principles and legal developments, it is generally
can be applied to such circumstances. This includes an recognised that inappropriate institutional arrange-
understanding of such concepts as adverse possession, ments are often the biggest limitation in undertaking
qualified or limited titles and flexible cadastral bound- land administration reform. Institutional principles
aries. should be concerned with government structures includ-
ing ministerial responsibilities, departmental structures
and decentralisation/deconcentration principles, as well
Land administration and cadastral principles
as government–private sector relationships and partner-
ships, and the operation of professional organisations.
The land administration and particularly the cadas-
Arguably the most important principle is the recognition
tral principles comprise the majority of the principles in
that some of the most successful land administration or
the land administration ‘‘tool box’’. A great deal has
cadastral systems have been established as a result of all
been written on the subject as highlighted in the sources
land administration activities being combined into one
identified earlier in the paper. One of the key principles
government agency. A particularly important trend
is an understanding of the cadastral concept and the
has been the bringing together of mapping, land
components of a cadastre (FIG, 1995). Another
information, cadastral, valuation and land registration
important principle is accepting that while the cadastral
agencies.
concept is simple, implementation is difficult. This leads
to the need for a land administration and/or cadastral
vision for a country. Other principles include recogni- Spatial data infrastructure principles
tion that land administration reform is long term, the
need for performance indicators, that land administra- The SDIs are a key component of any land admin-
tion is not just about supporting land markets, but also istration infrastructure (Mooney and Grant, 1997;
national land information systems, the need to focus on Groot and McLaughlin, 2000). An understanding of
land administration processes, not institutions, and the role and potential of the SDIs in supporting land
recognition that there is a wide range of options in the administration systems greatly assists any land admin-
land administration ‘‘tool box’’ for a country to draw istration reform process. In particular, the generic
upon. Arguably the most important principle is that the principles concerned with the development of an
success of a land administration system, and particularly ‘‘infrastructure’’, as distinct from ‘‘business systems’’
the land registration or cadastral components, is not which rely on the infrastructure, are very useful (Chan
dependent on its legal or technical sophistication, but and Williamson, 1999). Also an understanding of the
whether it protects land rights adequately and permits role and maintenance of the cadastral or land parcel
those rights to be traded (where appropriate) efficiently, layer in an SDI is important (Williamson et al., 1998).
simply, quickly, securely and at a low cost (UN-FIG, At the same time, an understanding of key SDI
1996). principles, such as the hierarchy of SDIs in a jurisdiction
I.P. Williamson / Land Use Policy 18 (2001) 297–307 305

and the dynamic nature of the SDIs, are useful Conclusion


(Rajabifard et al., 2000).
While many land-related activities and policies
appropriately receive a great deal of attention world-
Technical principles
wide, there is much less attention given to the land
administration systems or infrastructures which facil-
The technical principles concerned with building,
itate the implementation of those policies and pro-
upgrading or re-engineering land administration systems
grammes. Consideration of the importance of land
are critically important and often constitute a great
administration systems has increased over the last
number of the principles in the land administration
decade or so, with considerable attention being paid to
‘‘tool box’’, but they are only one category. Unfortu-
what constitutes ‘‘best practice’’. As a result, this paper
nately, some projects concerned with land administra-
has attempted to describe the concept of land admin-
tion reform (and particularly building cadastral systems)
istration ‘‘best practice’’ from the perspective of a ‘‘tool
only concentrate on technical issues and neglect other
box’’ of policies, laws, institutions, principles and
components. On the other hand, the technical compo-
technologies.
nent of a project, and particularly the surveying and
The evolution of ‘‘best practice’’ has been discussed
mapping component, often consumes the greatest
and the major sources of ‘‘best practice’’ summarised.
amount of money and resources. As a result, it is
The paper concludes that what is ‘‘best practice’’ for one
essential that there is a good understanding of the
country is not necessarily ‘‘best practice’’ for another.
available technical options in the land administration
Also, since the humankind to land relationship varies
‘‘tool box’’. These options include developing technical
across a country resulting in different land administra-
solutions which are user driven, which can integrate
tion responses, what is ‘‘best practice’’ for one part of a
both formal and informal systems and which utilise
country is not necessarily ‘‘best practice’’ in another.
appropriate levels of computerisation in sympathy with
The paper explores these concepts by examining the
the development of the country. Computerisation,
dimensions of land administration reform.
while an integral component of almost all land admin-
In summary, there are two key principles which
istration reforms, can be a high-risk strategy if not
underpin all land administration ‘‘best practice’’. First,
introduced carefully (Suwarnarat et al., 2000).
the documentation and wide acceptance of why the
Importantly, land administration reform is not simply
reform is being undertaken. For example, is it to
about introducing a geographic information system for
promote an active land market or is it to support
example. In summary, while the introduction of appro-
sustainable development or is it to promote social
priate technical solutions will be critical to the success of
stability? It is important to remember that land
any land administration project, technology is not an
administration and their core cadastral systems:
end in itself and must serve the overall objectives
of the reform such as improving the operation of the y are not ends in themselves. They support effective
land market or providing security of tenure (UN-FIG, land markets, increased agricultural productivity,
1996). sustainable economic development, environmental
management, political stability and social justice.
Human resource development and capacity building (UN-FIG, 1996)
principles
As a result, land administration systems and their
technical components must be driven by the needs of the
There are two key outcomes required from building
users as shown in Fig. 1.
or re-engineering land administration systems; first, the
establishment of an appropriate land administration
system and secondly, ensuring that there is sustainable
long-term capacity of educated and trained personnel to
operate the system in both the public and private
sectors. All human resource development (HRD) and
capacity building principles are central to these objec-
tives. For example, it is critical that capacity building is
a mainstream component of a project, not an ‘‘add-on’’.
Also, that capacity building is equally applicable to the
private sector and the establishment of professions, as it
is to the public sector. In this context, there are a whole
range of capacity building and HRD principles and Fig. 1. Developing spatial information management strategies (Wil-
options within the land administration ‘‘tool box’’. liamson and Ting, 2000).
306 I.P. Williamson / Land Use Policy 18 (2001) 297–307

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his colleagues at the World Bank, and particularly
FIG, 1995. Statement on the Cadastre. Report prepared for the
Gershon Feder, Klaus Deininger and Frank Bymau- International Federation of Surveyors by Commission 7 (Cadastre
gisha during his period as a Land Administration and Land Management). http://www.fig7.org.uk/ (accessed on 15
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and his colleagues at the Delft University of Technol- Groot, R., McLaughlin, J.D., 2000. Geospatial Data Infrastructure:
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as a Visiting Professor (October–February 2001), in the GTZ, 1998. Land Tenure in Development CooperationFGuiding
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du.au/research/SDI research/). However, the views ex- Land Tenure and Administration, Orlando, FL, November 1996,
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