Real estate cadastral data collection problems, imaging and works intensity in Lithuania.
Gaudesius, Rimvydas
UDK 528.44
Introduction
Modern RE administration system--is methodologically arranged state
system which collects, processes and registers data about RE and
includes all kinds of RE data defined by legal acts, ownership and
management rights to the RE, limitations and restrictions of the rights,
also graphical information determined by measurements of their borders
or outline. RE administration system consists of three main parts:
cadastre, register and evaluation. RE cadastral data preparation and
management defines RE objects--land plots, buildings, premises and
engineering equipment. This stage examines the location of the RE
objects and their qualitative characteristics. RE objects and material
rights registration stage ensures legal status of RE objects and rights
to them and provides information on who manages those objects and in
what way. During RE evaluation process, qualitative and valuation data
collection of RE objects is performed, as well as their evaluation and
expression in RE cadastral and registry information data base
(Gasilionis, Kasperavicius 2006). This RE administration system
functions by following the regulations and other legal acts. The main
laws are considered to be Law on Land, Law on Real Estate Cadastre, Law
on Real Estate Register and Law on Geodesy and Cartography.
State enterprise Center of Registers (thereinafter--SE Center of
Registers) is responsible for maintaining Real Estate cadastre and
register executive works. It registers material rights to the immovable
property: ownership right, property trust right, management as an
individual property right, easement, usufruct, surface right, long-term
rent. Notes in the respective real property registry record may be made
on the following legal facts: purchase-sale agreement, exchange
agreement, donation agreement, tenancy agreement, commodate contract,
mortgage, life annuity contract, common joint ownership, property rights
restrictions to immovable property provided in contracts, other
juridical facts as it is provided by law (LR nekilnojamojo ... 2001).
All these property rights and juridical facts are registered and amended
in accordance with legally certified contracts, court decisions, etc.
Therefore, all of this information, after they are recorded in register,
is considered to be true and full-scale while they are contested in
accordance with procedures established by law.
Cadastral data of an immovable property--it is information defining
location of the immovable property, natural and economic features of the
land, geometric parameters of the buildings and conditions of immovable
property usage. Cadastral data may be identified by a
land-surveyor--that is a natural person holding a land-surveyor
qualification certificated issued by the institution approved by the
Government--National Land Service under the Ministry of Agriculture
(thereinafter--NLS).
Information that is recorded in RE cadastre about the land plot and
building cadastre is as follows: unique number of the property, the main
objective purpose of use, the area of the land plot, kinds of landed
property, special condition of land use, coordinates of the land plot
boundaries' turning points, percentage of physical deterioration
and completeness of the building, starting and finishing year of the
building construction, number of floors of the building, other
information established by legal acts (LR nekilnojamojo ... 2001).
Unlike the data in the register, cadastral data is less based on
juridical documents. Although they are locally identified and prepared
during cadastral file formation by a qualified natural person (a
land-surveyor), they are verified and approved only in the room of
territorial subdivision of NLS.
Aim of research: to analyse mistakes that are being made during RE
cadastral data identification performed in Lithuania and systemic
drawback of data inspection. Tasks: to provide proposals for improvement
of legal acts in order to ensure accuracy of registered information and
simplify work for the specialists acting in this process; calculate the
need of accurate cadastral measurements and prognosis of perspective
works.
Research methods: analysis of scientific articles, legal acts,
information collected by NLS and SE Centre of registers; comparison of
GIS data created by diverse state organisations and GIS data bases
created in other European states. Graphic data is provided using AutoCAD
program.
1. Cadastral data identification of land plots
From the first sight it may seem that repeated and more accurate
geodesic (cadastral) measurements of the operational land plot marked in
terrain are not necessary. Any land owner would admit that land plot
that was measured 15 years ago, today still retain the same leap, length
of boundary lines and area. After all, during Valakij land reform which
started back in 1547, land plots were measured with measuring tapes and
identification of containers used on the farm were enough to calculate
the land area (Gudavicius et al. 2008). However, today in Lithuania,
land plots' measurement using more and more accurate geodesic
devices is initiated not only by land owners but by the state as well.
It shows a certain problem of land cadastral procedures, because land
plots that had been tentatively measured in the beginning of land reform
must be repeatedly measured with the help of geodesic tools.
It has to be noted, that measurement order of land plots had raised
many discussions at its time; some specialists offered to establish
compulsory geodesic measurements in all cases. The outcome of tentative
measurements is recent arguments among neighbours regarding land, namely
due to measurement methods of land plots, disagreement of systems and
preparation of inaccurate documents. Illustrating a period of several
first land reform actions in countryside, P. Aleknavicius (Aleknavicius
2001a) indicated that land plots, restoring their ownership were marked
with temporal landmarks and in cartographic plans their area was
calculated with permitted accuracy. An extreme accuracy is not necessary
to measure agricultural land and forests in countryside, besides, all
land owners were present while marking boundaries of their land plots
and know their location. Land plot plans prepared according to tentative
measurements should be later updated when land for agriculture or
forestry will be rearranged or transferred to other persons. According
to procedures established by legal acts, when the same land plot is
repeatedly measured, plot boundaries marked in the location shall not be
changed and determined difference of land plot area, which does not
exceed allowed measurement accuracy, state or land ownershall not
receive any remuneration. Therefore, there was no signification for
outright measurement of artificially separated areas with accurate
geodesic devices, because due to intense formation of farms and land
market procedures most land plots would be rearranged in the course of
time, i. e. would be connected, divided, marked of, etc., so their area
would change anyways and fixed landmarks would be destroyed by land
owners themselves while working the land. Moreover, if land plots had
been outright measured using geodesic devices, prices of land reform
works would have doubled and the process would have significantly
lingered, as at that time in Lithuania there were few specialists able
to perform such kind of work (Aleknavicius 2001a).
Currently there is a sufficient number of land-surveyors in our
country as well as higher requirements set for land plot marking on a
real estate cadastral map. During the researches the following relevant
questions were analysed: how land plot cadastral measurements have been
performed currently, what the accuracy of the measurements is, why
errors appear and who has to take responsibility for them, what problems
need to be solved in order to improve the quality of land cadastral
works.
Regulations of Real Property Cadastre of the Republic of Lithuania
(LR Vyriausybes ... 2002) (thereinafter --Regulations of Cadastre)
indicate that a land-surveyor who performs land plot cadastral
measurements must follow old landmarks existent in the location and land
plot boundaries between boundaries' turning points including them,
which border with natural outline must compose one close outline
according to which coordinates of boundaries turning points the land
plot area shall be calculated. Land plot area calculated after immovable
property cadastral data was determined, performing cadastral
measurements of the same boundaries using more accurate measures than
before, may differ from RE register registered land plot area or
projected in territorial planning document yet not registered in RE
register land plot area with a area bias of not more than maximum
allowable (marginal), indicated in Regulations of Cadastre Appendix 1.
That means that land-surveyor, e. g. measuring a 10 ha land plot in a
countryside following the landmarks and old cartographic material made
in 1:10000 scale, may change the area and add or deduct a 0,3794 ha part
of land plot from the land owner. Measuring an 8 ha land plot under the
same conditions, permissible maximum error is 0,2828 ha. Maximum error
depends on measured land plot and on the available tentative plan
(Formula 1). Calculations by different cartographic material shows, that
the surveyor has the ability, depending on the required amount of error,
choose the type of material by which measure the land.
K [square root of P], (1)
where: P--area of measured land plot; K--error ratio depending on
tentative plan scale, available cartographic material and area of
measured land plot.
0.12 [square root of P] = 0.12 [square root of l0] = 0.12 x 3.1622
= 0.3794 ha; (other cartographic material Scale 1:10000);
0.10 [square root of P] = 0.10 [square root of 8] = 0.10 x 2.8284 =
0.2828 ha (other cartographic material Scale 1:10000);
0.10 [square root of P] = 0.10 [square root of l0] = 0.10 x 3.1622
= 0.3163 ha (other cartographic material Scale 1:5000);
0.08 [square root of P] = 0.10 [square root of 8] = 0.08 x 2.8284 =
0.2263 ha (other cartographic material Scale 1:5000);
0.08 [square root of P] = 0.08 [square root of l0] = 0.08 x 3.1622
= 0.2530 ha (orthophotographic map Scale 1:10000);
0.08 [square root of P] = 0.08 [square root of 8] = 0.08 x 2.8284 =
0.2263 ha (orthophotographic map Scale 1:10000);
0.06 [square root of P] = 0.06 [square root of l0] = 0.06 x 3.1622
= 0.1898 ha (orthophotographic map Scale 1:5000);
0.06 [square root of P] = 0.06 [square root of 8] = 0.06 x 2.8284 =
0.1697 ha (orthophotographic map Scale 1:5000).
In cases when cadastral measurements determine that difference in
area is bigger than defined in Appendix 1 of Regulations of Cadastre and
(or) boundaries (configuration) of land plot does not match the
boundaries (configuration) of land plot projected in territorial
planning document, the contractor shall inform the client and NLS
territorial subdivision according to the location of the land plot in
written. The land-surveyor must provide NLS division with the drawing of
the setting and indicate projected and actually usable boundaries of the
land plot in territorial planning document. NLS division within 30 days
analyses settlement documents of marked and neighbouring land plots and
other the cartographic material, defines the reasons of difference of
land plot and (or) land plot boundaries' (configuration) and writes
conclusion regarding specification of land plot boundaries in the
terrain and (or) the necessity of land plot boundaries and area
specifications in territorial planning document (LR zemes ... 2003).
Such order enables to make a conclusion that land owner, without
infringing legal acts, may legalise a bigger land plot than he is
entitled to on account of the state. In order to receive an increased
land plot without violating permissible errors and following
administrational procedures, it is possible to either correct boundaries
in the terrain or revise primary documents. In practice it is done by
usually changing line lengths and moving back or forward the boundaries
of the plot, for instance, to or away from the stable objects (roads,
ditches) (Figs 1, 2).
Cadastral measurements of real estate objects and cadastral data
collection and specification rules indicate that cadastral measurements
are performed according to territorial planning detail and special plans
or land plans which are arranged using topographic, geodesic and other
cartographic material. Therefore, surveyors tend to protect the
correctness of their measurements according to a legal act which is more
favourable for them in an appropriate situation--in one case it is based
on landmarks, in other--on the plan of land plot. Having viewed plots
registered in RE cadastre in the orthophotographic plans (Figs 3, 4)
uneven boundaries are clearly visible in those places where the
boundaries should align.
It is also obvious that boundaries were measured and registered not
according to the actual use of land. Hedged part of the land plot is
bigger than it belongs to the land owner according to his primary
documents (where area is indicated) therefore, surveyor performing
cadastral measurements "attracts" the plot area to the maximum
admissibility with bigger space for exploitation in the terrain. In
urban territories, such intervening parts of land have currently been
more and more often redeemed and connected to nearby usable plot with
the help of territorial planning documents. However, such actions are
taken by the land owners only when specialists of NLS divisions, after
they perform state control of land use (LR Vyriausybes ... 1994),
indicate in the inspection act that land owner had wilfully occupied
state land and infringed Article 45 part 1 of the Code of Administrative
infringements of the Republic of Lithuania (LR administraciniu ...
1985).
[FIGURE 1 OMITTED]
[FIGURE 2 OMITTED]
[FIGURE 3 OMITTED]
[FIGURE 4 OMITTED]
A change in line lengths--disagreements before geodesic
measurements and after them--is a big problem not only due to
possibility to influence the general area of the plot but also due to
rising arguments between land owners of adjacent plots. Today, there are
no legal regulations for an allowable error while specifying cadastral
data, remeasuring previously settled and registered line lengths of the
land plots with geodesic tools.
In his educational book about geodesy A. Antanavicius (2007) says
that formerly lines of land plots were supposed to be measured with
20-50 meters long steel tapes or tape-lines. Before arranging a plan of
a land plot, lines in the location were twice measured following the
required measurement accuracy.
Measurement accuracy is valued under relative error fs (Formula 2):
fs = [DELTA]d/d, (2)
where: fs--relative error; Ad difference between two measurements;
d--length of the line.
When measurement conditions were good, relative error was supposed
to be 1/3000, when average conditions--1/2000 and bad--1/1000. If
impermissible error (higher value) occurred, the line had to be
repeatedly measured.
In geodesy various dimensions (angles, lengths, etc.) are
constantly measured. Due to diverse natural, physical and mechanical
conditions, results of the measurements may not be absolutely accurate.
They always are irregular. Error theory depicts those exact
irregularities. Errors may be classified into large, systemic (variable,
invariable), random, etc. (James A. Coan 2013). However, all applied
formulas are used to find the value and possible deviation of newly
measured object. Analysing the situation, it is beside the purpose to
apply those formulae, when we have previously measured line and repeated
measurement is performed using currently more accurate tools. As
arithmetic medium may be calculated only when conditions for measurement
are the same and average square errors are calculated when several
measurements are performed in respective time in order to find possible
deviation of a fixed dimension.
In practice, geodesists who perform cadastral measurements of land
plots using more accurate tools are certain that it would be more
purposeful to find a limit not to be crossed, as it is done when area is
measured (permissible deviation of area). However, to what extent is it
purposeful? If, in the location, the line was obviously measured
incorrectly, today, under the certain formulae the line would have to be
measured incorrectly again because the formulae does not allow to
measure the exact dimensions. Of course, suitable formulae would help to
solve arguable problems when adjacent plots to be remeasured cross, when
lengths of both lines do not correspond to initial documents and the
situation of the location does not allow to decide the limit between the
measured land plots. When determining similar situations, specialists
follow the Article 4.45 of the Civil Code (LR civilinis kodeksas 2000)
which states that if land plot owners disagree regarding arguable limits
of the plots and they are not clearly provided in the documents, limits
are determined by court in view of the documents, limits of actually
owned plot and other evidence. If the limits are impossible to be
determined, parts of equal size of arguable plot must be attached to
each land plot, however none of this way newly formed plot must be
different in area from the existing and legally endorsed plot.
Another very relevant problem is when situations illustrated in the
plan do not correspond to explication of landed property filled in
cadastral data tables as well as to determination and elimination of
special conditions of land usage.
Unit 32.1.3 of Regulations of Cadastre indicates that factual
landed property cartographed during cadastral measurements in the
location are: built-up territorial border (land occupied with buildings,
yards and fields, or other land used for direct building exploitation),
transport engineering buildings (communications), other roads (not
formed as buildings), border of water body and hydrographical net,
forest line, line of ploughland, gardens, meadows and natural greenlands
and otherland that is composed from trees and bush plantations, swamp
line, affected land--areas of exploitable and exploited mineral
quarries, peatbogs and dumps. However, surveyors, following the state
accounting rules of Land (LR Zemes ... 2002), often distort the accuracy
of cadastral data. Unit 14.1 of the rules indicates that minimal land
area which is accounted as a separate landed property is: 0,10 ha for
forests, swamps, tree and bush plantations; 0,04 ha--for other landed
property. However, land plots near buildings and residential land may be
accounted as built-up territory without excluding separate landed
property, if land plot is not larger than 0,15 ha; Amateur garden plot
valid as residential land is accounted as built-up territory and in
other cases--as a garden. Therefore, while measuring garden plots or
plots for residential territory, surveyors no longer detail cadastral
data and attribute all to built-up territory, however, according to the
cartographed situation in the plan it is obvious that land plot includes
water bodies, tree-covered areas, etc. This way, we only store
approximate data in geographic data bases, although technical
opportunities allow to have them very accurate. It is understandable,
that such minor data changes the most in the course of time, however, it
would be preferable to see at least similarity but not an absolute
mismatch when comparing plan and cadastral data tables.
Article 22 of the Law on Land of the Republic of Lithuania (LR
zemes ... 2011) says that special conditions of land exploitation (LR
Vyriausybes ... 1992) are determined by law and resolutions of
Government. Special conditions of land exploitation applied to a
particular land plot are entered into RE cadastre and Register of RE by
registering settled new (in territories where land plots were not
settled before the documents of territorial planning were confirmed)
land plots according to the territorial planning documents. When, after
new territorial planning document or its specification is confirmed,
additional special conditions of land exploitation are to be applied to
a land plot (or a part of it) registered in Real Estate registry or
previously applied conditions are to be withdrawn, the organiser of
territorial planning document or its specification within one month
after the confirmation of the territorial planning document or its
specification has to inform the landlord of the plot or the user of
state or municipal land in writing, indicating particular applicable or
revocable special conditions of land exploitation and, in accordance
with the order determined by Law on Real Estate Cadastre and Law on Real
Estate Registry providea report to the keeper of the Real Estate
Cadastre and Real Estate Registry, based on which he makes a certain
marking in the registry record of the land plot on the applicable or
revocable special conditions of the land exploitation.
According to valid legal acts, when a surveyor prepares or
specifies cadastral data of the land plot he must follow territorial
planning documents and is not able to determine or eliminate new special
conditions for the land exploitation by himself. In practice, it is
rather difficult to follow such regulations, and only recently this
problem has been ventilated. Surveyors are accustomed not only to
determining or eliminating special conditions for land exploitation but
servitudes as well. After many public discussions and NLS explanations
surveyors realised that they are not allowed to determine servitudes
wilfully. However, a more difficult situation is regarding restrictions
of land exploitation. Frequently, while measuring the land plot surveyor
finds a water-supply or a connection line there. However, he cannot
determine safety zones for those engineering networks as the territorial
planning document had not been prepared when those networks were
constructed. The same situation when measured land plot includes
electricity poles without wires. Virtually, these engineering
(infrastructural) buildings no longer function under their direct
purpose, however, according to the planning project of land reform,
there is a determined safety zone for a land plot. A surveyor is not
able to eliminate such restriction as long as the territorial planning
document is prepared. Preparation of territorial planning document is
not only pricey for the owner of land but also is a long process.
Therefore, it is necessary to simplify the correction of special
conditions for land exploitation to specify cadastral data of the land
plot. A solution to enable the surveyor to complete the process:
correction of each cadastral data should be based on certain
information. Therefore, a document based on which the surveyor made a
change of data should be included in the cadastral measurement file.
Certain institutions are responsible for each certain engineering
infrastructure which regulates topographic maps composed by geodesists.
Topographic map is a map which illustrates topographic natural and
anthropogenic objects on the surface of land (LR geodezijos ... 2001).
Wherefore, if the surveyor specifies cadastral measurements of the land
plot and finds that factual situation does not correspond to the special
conditions for land exploitation determined by the old (for example,
prepared up to year 2000) territorial planning document, he would be
able to prepare a topographic map outright and match it with all
appropriate institutions. Preparation of a topographic map will cost
significantly less for the owner than preparation of territorial
planning document and the period needed for this process is obviously
shorter. After that, NLS territorial division having matched the
cadastral measurement file and following the valid topographic map will
be able to make an administrational decision and specify special
conditions for land exploitation.
Practicians face with many small yet significant mistakes that are
caused by the specialists themselves. For example, there is an attitude
that while measuring land plot borders it is necessary to match them
with the borders of the adjacent plot that were determined by earlier
measurement and that are considered to be correct as long as the court
contests them. Due to such requirement land plots are being
"stucktogether" despite the fact weather previous measurement
were correct or not. The decision of the specialist who checked the
measurement should not be taken for granted as it happens that measured
land plot is in the middle of the field and then after the measurement
it emerges that land plots located near the stable elements in the
location do not fit in or the configuration of the plot must be changed.
Therefore, while measuring plots surveyors are recommended to look for
attachment to stable elements in the location, check on the plans of the
adjacent plots and, naturally, not to be afraid to initiate the
correction of the plots that were incorrectly measured.
Measurement of land plots may not be imagined without relating them
to the geodesic background. This procedure contains small shades that
the land owners know a little about, however these misunderstandings may
cause problems and arguments leading to judicial process. Unit
31.1.2.2.2 of the Regulation of Cadastre states that land plots to be
measured that border with previously measured land plots using geodesic
tools in the state coordinate system, general difference of landmark
coordinations in the cities must not be more than 0.1 m, in other
territories not more than 0.3 m. Units 30-40 of the rules of Real estate
object cadastral measurements and cadastral data collection and
specification elaborate geodesic deviations that were not allowed to be
exceeded by the surveyors while performing cadastral measurements of the
land plots. Recently, the greatest contradictions have occurred due to
attempt to confront plots measured in different system of coordinates.
Previously, measurements were inaccurate due to technical devices and
methods. Consequently, there were requirements such as: while performing
cadastral measurement of land plot borders at least two landmarks of the
adjacent land plot had to be related to national geodesic network or (in
the cities, towns, built-up territory in the village) with the local
geodesic network which is connected to the national network (LKS-94);
Relation to be made by planimetric networks, maximum length of related
line for agricultural and forestry land plots--5 km; performing
cadastral measurements of land plots by close circle corresponding to
the perimeter of the land lot, permissible nonrelation of angles
l'[square root of n], relative deviation of the circle not higher
than 1/N [less than or equal to] 1/3500. Accuracy of the measurement
must ensure the accuracy of area determination [m.sub.p]/P = 1/1000;
performing cadastral measurements in polar way together with auditorial
measurements it is necessary to level and value average square deviation
of each boundary turning point. Deviations must not exceed 4 cm. Having
fulfilled the aforementioned conditions, relative accuracy of area
determination may be reached (formula 3) (LR Vyriausybes ... 2002):
[m.sub.p]/P = 1/1000. (3)
The need of accuracy rises together with the improvement of
technologies. Administrational distribution of locations changes with
the time, therefore, previously permissible mismatch between the same
plots (in countryside) was 0.3 m, and now (when terrain is attached to
city territory) the mismatch allowed is only 0.1 m. As a result, not
only deviations of previously measured plots but also the changes of
today's administration make the land plots be considered
incorrectly measured.
2. Supervision of activities
In February 1919, in the beginning of land management activities in
the territory of independent Lithuania the Department of Land Management
was established. It consisted of one manager and 5 surveyors. The number
of specialists grew together with the increasing importance of land
activities: there were 62 specialists in 1920, 203 in 1925, 242 in 1937
(Bacelis 2008). The organisation changed its name many times (Department
of Land Management under the Ministry of Agriculture, National Land
Service, etc.) as well as its functions (Aleknavicius 2001b). The number
of specialists in the organisation and their activities changed, too.
Today National Land Service under the Ministry of Agriculture is an
institution of the Republic of Lithuania which implements national
policy in the fields of cadastre, accounting, geodesy, cartography,
preparation of national georeferencedspatial information collection and
creation of spatial information infrastructure of Lithuania. This
institution alone employs around 900 specialists and around 2000
qualified surveyors, 900 geodesists and around 1900 land
planners-delineators are entitled to work in the fields (NLS
information).
The volume of performed activities is large, therefore, many good
specialists are required in the process of management (inspection) as
well as in the generation of performed activities (in the fields). The
main specialists capable to work in that area are equipped in
Aleksandras Stulginskis and Vilnius Gediminas Technical universities as
well as Kaunas, Klaipeda and other colleges.
Quality of performed activities may be evaluated under the errors
the specialists make, which leads to client dissatisfaction with
occasional judicial processes. The specialists who performed the
inspection of the activities, under the obligatory procedure, must
appear in the court, too. The correctness of cadastral measurements of
land plots is inspected by NLS specialists who cope with huge load of
work and due to the lack of specialists not all planned control
procedures of work are fully completed. During the year 2011 the
specialists of NLS territorial divisions accepted 105963 files of
cadastral measurements of land plots 31264 of which were found to be
deficient and due to that reason the files could not be submitted for
the registration in the RE cadastre and 1626 files where checked in the
the field. Territorial divisions that performed most activities in
cadastral data inspection are listed in the below statistical tables
(Tables 1-3).
Statistical data shows that NLS territorial divisions are submitted
with up to 29.5% improperly prepared files of cadastral measurement and
only 1.53% of files that are submitted to the divisions were inspected
in the field. Obviously, quality of the performed activities needs to be
improved. Surveyors who irresponsibly submit files of cadastral
measurements to the territorial divisions waste the inspecting
specialists' time and land owners are provided with a non
qualitative product which they pay money for. Since, there is such a big
number of files that need to be corrected and only checking them in the
office it is obligatory to increase a number of inspections in the
terrain. NLS does not have information on how many files checked in the
terrain were found deficient, however, presumably most of inspection
acts were made containing remarks and drawbacks.
It is also necessary to increase a number of specialists in
territorial divisions which receive most files as checking the files
only in the office is a huge load of work and it's physically
impossible to devote time for checking data in the field. There should
be a system where each survey or together with his qualification
certificate would have information on the number of errors determined in
percents of all the files submitted to the division. In such case, there
would be a possibility to assess their skills and to suspend activity of
the certificate, if the measurements are not of the good quality. Today,
the way to suspend such activity is possible only by formally informing
against the surveyor, yet this spotfires "co-worker"
behaviour. Surveyors who want to acquire the qualification certificate
required for that kind of work must be demanded higher requirements--to
improve the period of practical experience.
3. Data collection and mapping using geographical information
system
On March 14, 2007 the European Parliament and the European Council
agreed and approved the Directive 2007/2/EC of the establishment of the
Infrastructure for Spatial (geographically oriented) Information in the
European Community, also known as INSPIRE. This directive aims to make
the spatial data (such as orthophotographic images, air and water
pollution and meteorological data, digital map objects: roads, rivers,
administrative boundaries, land covering, etc.) of European Union
territory (hereinafter--EU) mutually compatible and easily accessible.
Since the middle of 2005 the project "Development of Geographic
Information Infrastructure in Lithuania" (hereinafter--DGIIL)
allowed Lithuania to become one of the European leaders in the
development of a unified system of Community for spatial information. It
is expected that the Directive INSPIRE will increase the efficiency of
environment, in the first place, as well as other related sectors, such
as transport, energy or agricultural policy management by providing the
opportunity to effectively make decisions using reliable, high-quality
and mutually agreed data in the EU countries (Lietuvos geografines ...
2007).
Spatial (geographic) data is stored in databases and made available
to the public in the form of maps (analogical or digital). Some data is
available for free, to view other information the user's identity
or even a monetary reward is necessary. State Enterprise Centre of
Registers is creating a new digital mapping website ("REGIA"),
which allows to place the boundaries of the land plots registered in RE
cadastre on the latest version of orthophotographic map, as well as the
boundaries of protected areas, objects of cultural and natural heritage
in some municipalities and valid territorial planning documents (Fig.
5). In the future, the website is planned to be focused more on the
needs of municipal employees and businesspeople.
[FIGURE 5 OMITTED]
[FIGURE 6 OMITTED]
When you sign in the main website of SECentre of Registers you can
see much more important data. Despite the land borders and the latest
orthophoto map you can also findt he layer of administrative boundaries,
engineering networks, maps of real property values (Fig. 6). To identify
the certain objects and receive registry information, you need to pay
money. This database is mainly used by surveyors, who can see the land
owners and landmark coordinations of geodesically measured land plots.
The most comprehensive collection of spatial data is now available
on website "geoportal.lt" (Fig. 7). The goal of
"Geoportal.lt" is to make centralized access to data users to
data collections and their metadata created by state registries,
registries' managers, state and local government authorities and
other persons. It provides users with electronic services of search,
preview, download, transformation of spatial data collections.
Lithuanian spatial information portal was created in 2008 under the
project "Development of Lithuanian Geographic Information
Infrastructure" funded by the Republic of Lithuania and the
European Union. Lithuanian spatial information portal is managed by the
State Enterprise "GIS-Center" and the manager of the portal is
NLS (Lietuvos erdvines ... 2013).
Amongst the many layers of data, this website contains such
information that other sites cannot provide. Because NLS is the
controller of the a digital map, the presented data here is not only
cadastral information on land plots, but also information about the
composition of the soil, drainage facilities, spatial data collection of
special conditions on land exploitation, abandoned land, land
productivity, etc.
The progress of this area varies in each country. For example, in
Finland all cadastral data is digitized, comprehensive yet scattered
across many registers. Databases are managed by national authorities and
the individual municipalities. It collects data not only about preserved
buildings or land rent, but also it is a relevant finding for hunters
and fishermen on the forests and water bodies they are interested in,
while in Hungary, main focus is on agriculture (Rummukainen 2009).
[FIGURE 7 OMITTED]
Many authors argue, that the most advanced in this process are
Belgium, the Netherlands, Finland and Lithuania, while the worst
performer seems France and Turkey (Yavuz 2005; Wilkowski 2006). Turkish
cadastral system was started up since 1924 and the structure of that
institution to this day has not changed since 1936. About 20 percent of
the cadastral maps has not yet been associated with the coordinate
system. Therefore, the main task is to paper maps finally digitize and
link them to the coordinate system. It also raises the need for local
professionals to transform all data into a single national system of
coordinates (Poyraz 2002).
The overall goal for the states is to refine their GIS up to the
principles described in the program "Cadastre 2014". Key
objectives are: completely register ownership rights and restrictions to
real estate, combine cadastral maps and registers into a single system,
digitize all the data and make it suitable for long-term simulation, to
aim for private and public sector to work together for a single purpose,
gain official and tangible benefit from the accomplished activities
(Kaufmann 2002).
Compared to other countries, the progress of Lithuania in this
field is obviously beyond many states due to its professionalism and the
work carried out, and services available to users meet the tasks raised
by international agreements in full.
4. Further work forecast in the territory of Lithuania
The statistics of SE Centre of Registers and NLS may help to
perform various tests and forecast the trends of further actions. The
analysis of registered data on land plots regularized under preliminary
or cadastral measurements enables to calculate the percentage of the
total number of land plots measured using accurate surveying instruments
and follow this percentage within the last 20 years (Table 4).
Since 1993, the number of preliminary measured plots rapidly
increased due to the land reform and land plots formed during that
process, which were not supposed to be measured using geodetic devices.
Due to declining volume of reform activities, the decrease of such sites
has been noticed since 2005, besides, there has been an increase of need
of cadastral measurement for legal decisions (to convert land plots or
dispose the property).
According to the estimated percent (Table 4), there has been about
33 percent of the preliminary land plots accurately measured in
Lithuania in 2013. In order to have a clearer view of how performed
measurement work is distributed throughout the territory of Lithuania it
is advisable to depict them graphically (Fig. 8). It is clear that most
of the measurements have been performed around the areas of major
cities, and where the land reform has been completed or is coming to an
end. The highest percentage of registered land plots, measured with
geodesic devices are: in Alytus 99.40%, in Kaunas--98.20%, in
Klaipeda--91.13% in Panevezys--90.47%, in Palanga--91.03%. Lowest
percentage of registered land plots, measured with geodesic instruments
are: in Skuodas district--12.87%, Pasvalys district--13.54%, Varena
district--14.69%, Lazdijai district--16.48%, Raseiniai district--16.76%.
[FIGURE 8 OMITTED]
It is impossible to say exact period of time to accurately measure
all the land plots, while the completion of land reform is pending, and
without knowing what legal acts will be accepted in the upcoming year,
and how cadastral measurements of the plots will be encouraged. Given
the fact that about 30 percent of the formed plots have been measured
within 20 years, supposedly, it will take another 40 years to complete
this process. Since there are areas in Lithuania where the process is
coming to an end, a more detailed and mostly likely prognosis might be
made according to the statistics of SE Centre of Registers and NLS
(Table 5).
In order to calculate the time during which it is expected to
clarify the preliminary measurements, it is necessary to know the extent
of preliminary measurements of the observed decrease each year. Then
from this number is divided the number of remaining preliminary land
plots (Formula 4):
B/5 = C; A/C = D, 652/5 = 130; 806/130 = 6. (4)
The calculations show that the process within the preliminary land
plots are expected to be remeasured will take quite a long time. In
areas where the percentage ratio between the preliminary and cadastral
measurements is fairly high, the measurement of preliminary land plots
is rather slow. According to the analyzed number of inspections of
cadastral files of land plots performed by NLS territorial divisions and
downtrend of preliminary measured plots, it can be concluded that in
these areas NLS divisions are mainly engaged in specification of RE
cadastral data.
Conclusions
1. Identification of the real estate cadastral data and its
registration in the national register is an important process in the
developed countries, however, this process needs improvement in
Lithuania. Data is identified by under qualified surveyors and there is
lack of specialists to control their work. Since the number of
specialists performing measurement is large enough, their qualification
skills need more rigorous evaluation to prevent frequent mistakes.
2. The cadastral measurements of land plots are regulated by a
number of requirements established in legal acts. One of the main
requirements is to keep the land plot area within permissible limits.
Many experts suggest applying admissibility error for line lengths,
however, it must be well considered if such criterion does not make
measurements complicated. The main unit of measure is the area, and the
line lengths are of the second priority, as the owners often dispose of
the land area. However, there should be a clearly validated opinion on
what is more important when measuring the land--old landmarks under
which the land is used, or the territorial planning document which must
be followed by the land owner. In practice, these two criteria often do
not match and it is difficult to determine whether the plan was prepared
incorrectly or the owner of the land has not been operating it under its
purpose.
3. The surveyors, during the qualification improvement course, must
be explained that their duty is to measure plots but not to form them.
In addition, the opinion that NLS takes responsibility for the
correctness of the data after it confirms the cadastral file of the land
plots, must be changed. The person who performed measurements should
always participate in the judicial procedure. This would highlight the
importance of the work and work quality would improve.
4. Today, it may be concluded that due to planning (measurement)
mistakes made by project authors of land reform it would have been more
purposive to perform repetitive (geodesic) cadastral measurements under
complex principle, i. e. between permanent natural objects (from road to
road, from ditch to forest, etc.). Specialists who inspect measurements
should also demand borders of longer distances to be arranged gradually
but not "stepline".
5. Collection and presentation of spatial data in Lithuania is
developed enough and of high quality. However, it is rather difficult
for novice users to select more reliable information and which digital
map to use. Naturally, such submitted data as special conditions of the
land use areas should not be trusted blindly. It is important to realize
that the surveyor who measured the location is able to provide more
accurate information, and the development of the interactive maps is
based and their work.
6. In Lithuania are left few cities with preliminary measured land
plots, however, the remaining measurements in these cities are being
performed slowly, and this process is projected to take about another
6-14 years. To speed up this process, in certain cities (densely
urbanized areas) must be identified places, where land owners would have
to change preliminary measurements under determined period of time.
Caption: Figs 1, 2. Graphic illustration of uneven geodesic
measurements of land plots
Caption: Figs 3, 4. Plot boundaries registered in SE Center of
Registers data base
Caption: Fig. 5. View of the digital map "REGIA"
Caption: Fig. 6. Cadastral data map of SE Center of Registers
Caption: Fig. 7. Lithuanian portal of spatial information
"Geoportal"
Caption: Fig. 8. Percentage of land plots measured with geodesic
devices of all the registered plots
doi: 10.3846/20296991.2014.890275
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Rimvydas Gaudesius
National Land Service under the Ministry of Agriculture, Gedimino
pr. 19, Vilnius
E-mail: rimvydas.gaudesius@nzt.lt
Received 28 November 2013; accepted 24 February 2014
Rimvydas GAUDESIUS. Master of Environmental engineering. Chief
specialist of National land service under the Ministry of agriculture.
Responsible for the state land administration. Main research area:
spatial planning, real estate, geographic information technology.
Table 1. Territorial NLS divisions which regularized biggest
number of cadastral measurement files of land plots
in 2011
Territorial Files Files Files
division accepted denied checked
in the field
Vilnius district 5230 3752 15
Klaipeda district 4634 1859 33
Vilnius city 4572 2623 114
Alytus 3394 1974 15
Trakai and Elektrenai 3367 1551 33
Siauliai 3283 351 7
Kaunas district 3110 3312 46
Panevezys 2816 1019 31
Taurage ir Pagegiai 2071 573 0
Marijampole, Kazlu 2010 880 423
Ruda, Kalvarija
Source: National Land Service.
Table 2. Territorial NLS divisions which regularized biggest
number of improperly prepared cadastral files of land plots
in 2011
Territorial division Files Files Files
accepted denied checked in
the field
Vilnius district 5230 3752 15
Kaunas district 3110 3312 46
Vilnius city 4572 2623 114
Lazdijai, Druskininkai 1832 2037 83
Alytus 3394 1974 15
Klaipeda district 4634 1859 33
Trakai and Elektrenai 3367 1551 33
Panevezys 2816 1019 31
Mazeikiai 1811 981 447
Marijampole, Kazlu 2010 880 423
Ruda, Kalvarija
Source: National Land Service.
Table 3. Territorial NLS divisions which inspected biggest
number of cadastral measurements of land plots in terrain
in 2011
Territorial division Files Files Files
accepted denied checked in
the field
Mazeikiai 1811 981 447
Marijampole, Kazlu 2010 880 423
Ruda, Kalvarija
Vilnius city 4572 2623 114
Lazdijai, Druskininkai 1832 2037 83
Sakiai 855 110 58
Vilkaviskis 808 366 55
Kaunas district 3110 3312 46
Sirvintos 873 597 41
Plunge and Rietavas 1479 224 37
Klaipeda district 4634 1859 33
Source: National Land Service.
Table 4. Analysis of registered and within the period of 1993-2013
Year (data record date) 1993 1997 2001
Land plots with preliminary 100 000 592 000 996 000
measurements
Land plots with accurate 22 000 175 000 269 000
measurements
Total registered plots 122 000 767 000 1 265 000
Percentage of land plots measured 18.03 22.81 21.26
with geodesic tools of the
total number of registered plots
Year (data record date) 2005 2009
Land plots with preliminary 1 625 000 1 529 000
measurements
Land plots with accurate 363 000 471 000
measurements
Total registered plots 1 988 000 2 000 000
Percentage of land plots measured 18.26 23.55
with geodesic tools of the
total number of registered plots
Year (data record date) 2013
Land plots with preliminary 1 421 000
measurements
Land plots with accurate 700 000
measurements
Total registered plots 2 121 000
Percentage of land plots measured 33.00
with geodesic tools of the
total number of registered plots
Source: SE Centre of Registers.
Table 5. Volume and perspectives of cadastral measurements of land plots
City Number of land Number of Number of
plots (preliminary decreased decreased
measurements) preliminary preliminary
registered by SE land plots land plots with
Centre of Registers within a year
(2013) 2009-2013
[A] [B] [C]
Alytus 33 32 6
Kaunas 631 232 46
Klaipeda 806 652 130
Panevezys 1222 455 91
Palanga 649 394 78
City Number of Forecasted period
cadastral (years) within
measurement which all remained
files regularized preliminary land plots
in NLS territorial in the territory shall be
division in measured
2011 [D]
Alytus 3394 (incl. district) 6
Kaunas 1104 14
Klaipeda 490 6
Panevezys 2816 (incl. district) 13
Palanga 233 8
Source: SE Centre of Registers and NLS.
