Refining legal Land Administration-related aspects in LADM

More Info
expand_more

Abstract

Among the topics that are introduced and/ or being refined in the context of the revision of the LADM 19152:2012, the legal Land Administration-related aspects are being investigated. With the knowledge and the experience from the developments of the LADM so far, and the ongoing discussion between the parties involved in the standardisation process, the need to clarify certain legal land-related aspects and to examine the alternatives for further refinement is highlighted. Therefore, this paper presents prior work on LADM-related legal aspects since the vote of LADM as ISO standard (2012), till the time of the preparation of this paper (2021) to report the necessary background for this research. This concerns the developments related to the various legal refinements that have been proposed during this time period and specifically the refinement of the legal profiles, the LADM functional support to representation of both statutory and customary tenure and the work regarding the explicit definition of restrictions that arise from Public Law. Moreover, this paper focuses on documenting the proposals on a refined legal model for the LADM Edition II. These include the following: (a) more detailed classification of RRRs, based on the two major types of interests in land: privately agreed interests as well as regulations imposed by a public agency and Public Law restrictions. The paper also includes (b) a discussion on the extent that LADM Edition I provides efficient support for the title and deed registration systems (as others e.g. in socialist environment), as well as (c) a discussion on how restrictions and responsibilities can be modelled as rights’ relationships between an owning and a benefitting Party.