JS14 Cadastral Appraisal, Land Markets and Valuation
Erik Stubkjær
Modelling Real Property Transactions
FIG XXII International Congress
Washington, D.C. USA, April 19-26 2002
11/12
Denmark:
Subdivision recorded in Cadastre
Finland: Subdivision recorded
in Cadastre and Land Registry
Slovenia: Subdivision recorded
in Cadastre and Land registry
Context
The owner sells a parcel of his unit of
real estate, e.g. to allow for building
construction on the parcel
Context: The owner sells a parcel of his
unit of real estate.
1. The owner and the buyer agree upon a
contract of sale
2. The appointed notary checks and verifies
the contract of sale
3. The buyer pays the transaction tax to the
government, and forwards the request for
title registration to the land registry.
4. The Land Registry checks and records the
new owner of parcel.
Context
The owner sells a parcel to the buyer, which is a
subdivided part of his unit of real estate.
Actors, active: Cadastral surveyor,
owner, cadastral authority
Passive: Holders of rights in the unit,
municipality, other local authorities,
land registry, neighbours
Actors, active: Buyer, cadastral authority,
cadastral surveyor, land registry, owner.
Passive: Holders of rights in the unit,
mortgagors, neighbours, notary, municipal-
ity, other local authorities incl. Land Court.
Actors, active: Buyer, cadastral authority, responsi-
ble surveyor, land registry, owner
Passive: Holders of rights in the unit, local authori-
ties incl. municipality, mortgagors, neighbours,
notary
Trigger: Owner requests the service
of the cadastral surveyor
Trigger: The land registry sends the
approval to the cadastral authority.
Tg: The owner or the competent authority request
the subdivision from a licensed surveyor (company).
Sub-activities
1. Surveyor accepts and files the case
2. Surveyor collects and investigates
data, and chooses a strategy for the
specific case
3. Surveyor establishes boundaries,
marks new boundaries and certain
existing boundary points; measures
boundaries and buildings, etc. w.r.t.
national co-ordinates
4. Surveyor settles property rights
that interfere with the subdivision
5. Municipality (and other local
authorities as needed) approves case
with respect to spatial planning, etc.
6. Surveyor submits case to cadastral
authority.
7. Cadastral authority checks and
approves case, and issues the case
approval to surveyor, land registry,
and municipality.
8. Cadastral authority sends relevant
data to municipal property register
and land registry
9. Surveyor completes statement on
allocation of easements among new
and old parcels and sends it to the
land registry
10. Owner pays fee to surveyor
11. Surveyor delivers documents
(cadastral map of parcel) to the
owner
Sub-activities
1. The cadastral authority checks and files
the approval of the land registry.
2. The cadastral authority appoints a
cadastral surveyor to carry out the process
of subdivision.
3. The surveyor informs the buyer that he
has an assignment to prepare the case.
4. The surveyor collects and investigates the
data on the boundaries, easements, etc.
5. The surveyor calls the interested parties
(actors) to a meeting where he:
- checks accordance with spatial plans, etc.
- establishes, marks and measures bounda-
ries
- settles property rights interfering with the
subdivision
- allocates easements among to new and old
parcels
6. The surveyor prepares a detailed report
(minutes of the above meeting and a
cadastral map of the parcel) on the subdivi-
sion.
7. The surveyor gives parties information on
their right to appeal to the Land Court.
8. The surveyor sends the documents to the
cadastral authority after the appeal period.
9. The cadastral authority updates the
cadastral database (JAKO), sends the
relevant data to the land registry, and the
documents (cadastral map of parcel and
report) to the owner.
10. The Land Registry updates the land
register (registration of new unit of real
estate).
11. Fee to the cadastral surveyor is paid.
Sub-activities
1. The actual owner requests the subdivision from
the selected surveyor, who checks, accepts and
registers it (ident, date).
2. The surveyor collects the required data
3. The surveyor submits a request for subdivision
permission to the municipality unit concerned, which
issues a subdivision permission.
4. The surveyor investigates data and prepares a
specific strategy (workflow) for the case.
5. The surveyor establishes and marks new bounda-
ries and certain existing boundary points; measures
w.r.t. national co-ordinates
6. The surveyor prepares a detailed report (lots
established and measured boundaries w.r.t national
co-ordinate system, agreements etc.) and also
prepares a subdivision invoice.
7. The owner (seller) pays the subdivision costs to
the surveyor.
8. The surveyor delivers detailed report (documenta-
tion, cadastral map and enclosures) to the owner.
9. The owner, or at his request the surveyor, submits
the subdivision case to the cadastral authority, and
pays the fee for subdivision.
10. The cadastral authority checks the fulfilment of
various conditions, the technical quality of the
submitted case (report), including approval of
definitive boundaries and their registration.
11. The cadastral authority updates the cadastral
database, issues the case approval to the owner (or
surveyor) and to the land registry, and sends the
relevant data to the Land registry.
12. Following registration of title of new ownership,
the land registry sends a decree on the approval to
the cadastral authority and the new owner (or
surveyor).
Related activities
I. Registration of title follows
subdivision.
II. Municipality updates Property
Register (ESR) and, if applicable,
Building and Dwelling Register.
Related activities: Registration of title:
1. The owner and the buyer make (with possible
legal assistance) a signed sale contract.
2. The buyer settles the real property sales tax to the
municipality concerned.
3. The appointed notary checks and verifies the sale
contract (valid, subdivision completed, tax paid, ..).