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Should People Trust Information from the Cadastre? – the Case of Public Administrative Usage in Norway (8501)

Leikny Gammelmo (Norway)
Mrs. Leikny Gammelmo
PhD-student
Norwegian University of Life Sciences
P.O. Box 5003
ÅS
1432
Norway
 
Corresponding author Mrs. Leikny Gammelmo (email: leikny.gammelmo[at]nmbu.no, tel.: +47 97 66 36 68)
 

[ abstract ] [ paper ] [ handouts ]

Published on the web 2017-03-10
Received 2016-10-01 / Accepted 2017-02-01
This paper is one of selection of papers published for the FIG Working Week 2017 in Helsinki, Finland and has undergone the FIG Peer Review Process.

FIG Working Week 2017
ISBN 978-87-92853-61-5 (Online) ISBN 978-87-92853-62-2 (Printed)
ISSN 2307-4086
URL n/a

Abstract

The cadastre should be a nationwide register that gives insight to existing property structure. It should be a resource for both planning and administrative procedures concerning property formation in general and more specifically changing real property like subdivision. When handling cases of property formation the public administration can use the information in the cadastre. These cases can be complex and unique. By having an up-to-date land registration system, uncertainty can be reduced. Since the Norwegian Cadastre Act came into force in 2010 Norway it became clear that there were a great lack of information in the cadastre. This have been, and still are, of great concern within the profession and academic. The paper will address the formal framework and empirical data. Information and data about current practice comes from a questionnaire in my PhD-project, about changing real property. The topic of this paper is the cadastre role in administrative procedure. The questions explored in this paper are: How does the cadastre function as a source of information and tool for administrative procedure with focus on the conditions in Norway? In Norway, the cadastre is of variable completeness for boundaries and in describing real properties. This is not unique for Norway and it is a concern when it comes to the trust of landowners and parties, in the cadastre. The cadastre in Norway is a mix of old and new registrations made under different legislations. Still the Cadastre Act section 4 says that the “cadastre shall contain information about the individual cadastral parcel that is necessary for planning, development, use and protection of real estate, including official designations and information about each building, dwelling and address.” Further the “cadastre shall show the boundaries of the cadastral parcels, including boundaries of outdoor areas included in the condominium units. The cadastre shall contain information about orders concerning the use of land or buildings on the cadastral parcel concerned”. How trustworthy can this information be? Is it possible to use the information in accordance with the intention of the Cadastral Act? In the end, the paper will discuss the potential challenges by using the cadastre as a tool in administrative procedures concerning changing real property. Analyzing the Norwegian cadastre, we see from history and the public administration use today, that there are more than one pitfall. The respondents of the questionnaire highlight the importance of the cadaster as a useful tool. However, it have to be used wisely.
 
Keywords: Professional practice; Digital cadastre; Cadastre; Land management; Access to land; Legislation; History; real property; public administration; trust; information

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