Dual land administration systems operate in many peri-urban customary areas in subSaharan Africa (Burns, 2007), yet the rationality behind them is different, and possibly conflicting (Watson, 2003). The conflicting rationalities between the dual systems have created binaries in land administration discourse. Some scholars have promoted statutory land administration systems over customary systems (Hardin, 1968). Many pre-21st century land administration systems theories were purely economy-based, and sought to discredit customary land administration and tenure systems (De Soto, 2000; Peters, 2009). The weaknesses of customary land administration and tenure systems have been widely articulated in economy-based land administration literature (Demsetz,1967). However, recent research findings seem to suggest that peri-urban customary land management could improve through hybrid land administration, incorporating both customary and statutory systems (Whittal, 2014). In this study, statutory and customary land administration systems are examined to understand how they can be integrated to improve effective land delivery at the peri-urban interface in Ghana. A case study analysis of hybrid forms of land administration was undertaken, using both primary and secondary data. Relatively successful case studies (from Ghana and other parts of sub-Saharan Africa) were deliberately chosen to learn good ways of managing peri-urban customary land. Land administration practices in such areas were assessed using the good land governance framework. The case study analysis reveals that hybrid land administration systems are appropriate in enhancing livelihood sustainability and tenure security of the local people. To this end, the study proposes some improvements in hybrid land administration practices to reduce conflicting rationalities between customary and statutory land administration systems.

在1980年代以Margaret Thatcher為首的保守黨贏得英國國會大選後，便開始推動政府業務委外運動，政府業務委外經營便成為政府再造發展的重要策略工具。近幾年來，由於我國社會環境變遷快速，政治發展日益蓬勃，民眾對於政府的施政作為與服務品質的要求日漸的提高。而地政工作因與國家經濟發展及民眾財產權益息息相關，影響人民權益甚鉅，工作壓力大，致地政人員常年不足，陷入人少、事多、責重之惡性循環，因此，突破行政體系僵化，將部份業務委外，以有限的資源作最有效率的安排，為當前地政機關所面臨的重要課題。 研究結果如下： 一、受訪者在地區、經歷、性別及年資上對於地政業務委外傾向無明顯差異。 二、7成6受訪者認同地政業務委託民間辦理，且地政業務可委外之項目非侷限於傳統之庶務性工作，可經由檢討業務特性、修改法規等方式循序漸進。 三、適合業務委外作業前3名為「謄本核發作業」、「買賣實例調查作業」、「查估作業」，「土地登記」及「使用編定作業」不適合委外作業。 四、委外方式對地政業務委外政策的推辦影響不大。 五、委外決定因素方面，問卷調查結果地政業務委外實施影響的重要性排名的前三名分為裁量權的行使、個人資料保護法規及地政專業證照的實施。 六、實施地政業務委外確可解決地政機關人力不足問題。 因此，本研究根據實證結果提出政策建議如下：建立專責機構辦理委外業務、配合趨勢調整委外作業方式、落實評估管理及監督機制、擇項分批漸進式辦理委外、強化地政業務委外觀念之建立、研訂地政委外專屬法律、建立友善公私合夥環境、建立地政業務作業人員基金或保險制度及建立業務委外方式、要件及收支標準之作業規範。 / Ever since the Conservative Party, led by Margaret Thatcher, won the general election during the 1980s, the UK government has outsourced much of its services to the private sector; the outsourcing of public services thus has become an important tool for government reforms and development. Due to the rapid changes in our social environment and growing political awareness in recent years, the people have become increasingly demanding towards the government’s administrative performance and service quality. Land administration is one of the public services that is most closely related to the nation’s economic development and to the property rights of its people. Due to the stakes and the potential impacts involved, land administration has always been a stressful job and our government constantly finds itself short of land administration officers; consequently, the situation spirals downward as a result of an ever-diminishing supply of labor, and an ever-increasing number of cases and responsibilities for each officer. Questions as to how the government will be able to surmount the difficulties of its inefficient administrative system and outsource certain services, thereby making the most efficient use of limited resources, have become an important issue for land administration authorities. This study reached the following conclusions: 1、Interviewees’ work location, experience, gender, and seniority made no difference with regards to their preferences towards outsourcing. 2、76% of interviewees agreed that land administration services should be outsourced to the private sector, and the range of outsourced services should not be limited to general affairs. They also believed that progress can be achieved by reviewing service characteristics, revising current regulations, etc. 3、The three services that are most appropriate for outsourcing are: “Issuance of certified document copies”, “Surveys on actual transactions”, and “General evaluations”; on the other hand, “Land registration” and “Land use assignment” are not appropriate for outsourcing. 4、The outsourcing method minimally affects the overall execution of the land administration service outsourcing policy. 5、6The three most important considerations that affect the decisions to outsource land administration services are: “The extent of discretion”, “Implementation of the Personal Information Protection Act”, and “Implementation of land administration licenses”. 6、The outsourcing of land administration services can indeed resolve the labor shortage that is commonly seen throughout land administration authorities. The following recommendations were made based on the empirical results: assign a dedicated institution to handle service outsourcing, adjust outsourcing methods to accommodate changing trends, exercise due diligence in performance management and supervision, outsource selected services progressively, build up awareness towards outsourcing land administration services, establish regulations that govern specifically the outsourcing of land administration services, create an environment that is favorable to the partnership between the public and the private sectors, set up a land administration officers’ fund or insurance policy, and implement proper guidelines over the outsourcing methods, the outsourcing criteria, and payment standards.

Submitted by Fabio Sobreira Campos da Costa (fabio.sobreira@ufpe.br) on 2016-07-26T12:19:30Z No. of bitstreams: 2 license_rdf: 1232 bytes, checksum: 66e71c371cc565284e70f40736c94386 (MD5) DISSERTAÇÃO Raul Afonso Cumbe.pdf: 5669703 bytes, checksum: f84b627f0b0dfc427ad3f3553572da7e (MD5) / Made available in DSpace on 2016-07-26T12:19:30Z (GMT). No. of bitstreams: 2 license_rdf: 1232 bytes, checksum: 66e71c371cc565284e70f40736c94386 (MD5) DISSERTAÇÃO Raul Afonso Cumbe.pdf: 5669703 bytes, checksum: f84b627f0b0dfc427ad3f3553572da7e (MD5) Previous issue date: 2016-02-18 / CNPq / O LADM - Modelo de Domínio em Administração de Terras é um padrão internacional de domínio espacial para administração de terras, desenvolvido pela ISO/TC 211. A ISO 19.152 - LADM propõe um esquema conceitual para modelagem de cadastro territorial com foco em DRR - Direitos, Restrições e Responsabilidades que afetam a terra, água e seus componentes geoespaciais. O objetivo da norma é de melhorar a comunicação através de padrões conceituais em Administração de Terras, permitindo a interoperabilidade de dados entre as diferentes partes envolvidas em níveis local, nacional e internacional, além de estimular o design de softwares de implementação dos sistemas de informação territoriais capazes de evoluir ao encontro das necessidades dos usuários. O LADM serve de uma base a partir da qual cada país desenvolve seu modelo específico. A pesquisa teve como objetivo desenvolver um modelo conceitual, baseado no padrão do LADM, para a implementação de Cadastros Territoriais Multifinalitários Urbanos em Moçambique. Partiu-se da hipótese de que, ao dotar as administrações urbanas de bases de dados geoespaciais de qualidade, estas contribuirão para garantir o acesso à terra, segurança da propriedade e como apoio a qualquer aplicação geoespacial dentro das suas jurisdições. Buscou-se compreender os mecanismos modernos na estruturação de um cadastro multifinalitário, e então, analisar a flexibilidade do LADM no atendimento às particularidades da realidade moçambicana. A partir desse entendimento, o trabalho propõe um modelo conceitual capaz de apoiar a implementação de cadastros territoriais urbanos, de maneira que todas as etapas do processo sejam harmonizadas ou alinhadas em uma diretriz nacional, com um suporte tecnológico e treinamento sistemático que proporcione um funcionamento adequado dos serviços públicos de cadastro. A pesquisa utilizou o método de estudo de caso, através do qual foi feita a modelagem de análise do sistema utilizando a linguagem UML, possibilitando a modelagem de projeto do sistema orientado à implementação de uma base de dados relacional a partir da herança da estrutura do LADM e do modelo de análise que retrata a realidade do País. A implementação física foi realizada no PostgreSQL em conexão com VP-UML. O gerenciamento dos dados amostrais foi realizado com a conexão do PostgreSQL/PostGIS e o QGIS. A validação do modelo foi testada utilizando-se o banco de dados cadastrais do Município de Maputo, Bairo Polana Cimento - A. Os resultados demonstraram a viabilidade da aplicação do modelo para a estruturação de cadastros urbanos em Moçambique. / LADM - Land Administration Domain Model is an international standard developed by ISO/ TC 211. ISO 19152 - LADM proposes a conceptual framework for cadastre modeling focusing on RRR - Rights, Restrictions and Responsibilities that affect land, water and their geospatial components. The purpose of the standard is to improve communication through conceptual patterns in Land Administration, enabling interoperability of data between the different parties involved at the local, national and international, in addition to stimulating the implementation of software design of land information systems capable of evolving to meet the needs of users. The LADM serves as a base from which each country develops its particular model. The research aimed to develop a conceptual model based on the LADM standard for the Mozambique's Multipurpose Urban Cadastres. We started from the hypothesis that, to provide quality geospatial databases for the urban administrations, it could, contribute to ensure the access to land, property security and support for any geospatial application within their jurisdictions. It was required to understand the modern mechanisms in structuring a multipurpose cadastral system, and then analyze the flexibility of LADM in meeting the particularities of the Mozambican reality. Based on this understanding, this research proposes the development of a conceptual model able to support the implementation of urban cadastres, so that all stages of the process are harmonized and aligned in a national guideline for a technological and systematic training support to provide proper operation of cadastral services. This research used the case study method, by which it was made the system analysis modeling using UML, allowing the modeling-oriented implementation system design of a relational database from the legacy of the LADM structure and the analysis model that depicts the reality of the country. The physical implementation was held in PostgreSQL in connection with VP-UML. The management of sample data was carried out with the connection PostgreSQL/PostGIS and QGIS. The validation Model was tested using the cadastral database of Maputo City, Bairo Polana Cimento - A. The results demonstrated the feasibility of applying the model for the structuring of urban cadastres in Mozambique.

The South African property process is cumbersome, tedious, and complex mainly since it is a manual paper-based system that involves numerous activities of many disparate firms and organisations in the private sector as well as business processes of regulatory agencies, public sectors departments and other institutions. Although much effort had been made by private organisations to automate pockets of the process, the integration efforts are still founded in paper documents. The purpose of this study was to investigate the conveyancing end-to-end process in South Africa in order to develop a conceptual framework that could be used to eliminate paper and dematerialise the land registration process. The study was guided by the following research question: How can the end-to-end property transfer process be integrated among the different role players to dematerialise property transfers? Seated in the interpretative paradigm, an exploratory study was undertaken. The study followed a multidisciplinary approach which incorporated aspects of records management, supply chain management, land administration management, information technology and payment systems. Nineteen in-depth, semi-structured qualitative interviews were conducted with major organisations and societies (i.e. stakeholders) involved in property exchanges in South Africa. These included the South African Reserve Bank, The South African Deeds Registry, National Treasury, The Law Society of South Africa, The Surveyor General and various vendors which operate within the property sphere. These interviews were analysed using content analysis, and documentary evidence were used to triangulate the data collected. The study revealed that private organisations and banks are more ready to embrace dematerialisation than governmental institutions. The main findings of the study were that a need existed for the integration of information and data from the onset of the property application, dematerialisation in addition to digitisation should be incorporated into e-DRS, there is a need for a centralised information sharing capability, same-day, irrevocable payments must be implemented and biometric information can be used to validate parties involved in each transaction. The findings were used to develop a framework for a dematerialised electronic deeds registration in South Africa, which were further generalised for use in other industries. It is recommended that key supply chain partners are integrated into a land administration system that is hosted by the deeds office. This study is of value to all organisations involved in the property land management administration processes, both in a private and governmental capacity, as well as indigenous tribunals. Recommendations for future studies were made. / Thesis (PhD)--University of Pretoria, 2017. / Information Science / PhD / Unrestricted

This work aims at advancing the scientific understanding of the real property processes stimulating the Belarusian property market specifically in order to promote its development. For a property market to operate efficiently, real properties ought to be able to be smoothly created and securely transferred with the aid of real property processes. These processes, after being implemented, generate transaction costs for a society, while the ways by which they are arranged can increase or decrease such costs. This research applies institutions as a theoretical ground with the transaction costs theory as a core concept for the examination of the selected property processes, resulting in a body of new knowledge on the relations between institutions, property processes and transaction costs. This study specifically investigates property formation and purchase processes in Slovenia, Sweden and Belarus through an ontological modelling supported by their descriptions. It additionally explores the content of property rights along with the existing real property legislation of the selected countries, as such are recognised as components influencing real property processes. Consequently, general descriptions of the land tenure systems of these three countries and a classification of fundamental property rights are presented. The examined property processes are compared in order to identify differences and thereby generally enrich the theoretical knowledge in the land administration domain. This comparison is based on the transaction costs generated by the specific real property processes and relatively estimated by this research with a focus on the stakeholders involved, their functions and interactions. This study places its main emphasis on property formation and property purchase processes in Belarus, while corresponding property processes of selected European countries are taken as benchmarks for new approaches. This research results in proposing simplified property processes for Belarus that may sensibly be established with the long-term aim of facilitating the functioning of the national property market and thereby economising as to transaction costs. In conclusion, the property market of Belarus would benefit from a simplification of the real property processes by utilising international practices while, however, not disregarding national peculiarities. / QC 20120525

The objective of this thesis is to develop a conceptual model for classification of real property rights and public regulations. The model is called the Legal Cadastral Domain Model. The model is intended to be a terminological framework for cross-border exchange of cadastral information. Parties exchanging cadastral information via the model do not require detailed knowledge of the legal system in which the right or regulation is created. The model is based on the principle that real property rights and public regulations influence real property ownership by being either beneficial or encumbering for the real property owner. The theoretical departure of the research presented in this thesis is in comparative legal theory and terminology. Real property rights and public regulations are important parts of real property legislation as they describe and secure the use and other exploitation of land, water and air. The research is conducted through studies in real property legislation and associated literature. The model has been developed through case studies on real property rights in Portugal, Germany, Ireland, the Netherlands and Sweden and public regulations in Portugal and Sweden. The generated results show that it seems possible to describe real property rights and public regulations regardless of their legal origin, at least in Western legal systems. The thesis also includes a discussion of terminological aspects concerning definitions of three-dimensional (3D) real property. The thesis consists of a summary and 6 papers. / <p>QC 20120629</p>

Land information management in Ghana, as in many developing countries, remains a practice monopolised by public sector land administration agencies, which are known for being inefficient in delivering services that satisfy the needs of citizens. Under this monopolised regime, landed property related data gathering, processing through land registration, storage and dissemination of the information as final product for public use is entirely based on expert knowledge. Meanwhile, reliance on this kind of knowledge for land information management has continuously failed to promote smooth flow and a broad based access to reliable information for decision making by citizens. This failure has created a huge land information gap between market participants’ especially genuine and fraudulent landed property owners on one hand and potential buyers, lenders, and investors on the other hand. Thus, there is information asymmetry, which this study identifies as a major contributory factor to the challenges of uncertainties and high transaction costs that characterise dealings in urban real estate markets in Ghana. In order to verify how the information gap can be closed, this research adopts quantitative research methodology. The research mainly explores multinomial logistic regression model to test Economic Theory of Knowledge propounded by Hayek (1945) using Ghana as the context of study. Primary data was collected from potential land information suppliers within the private sector and existing users of land information as likely beneficiaries of an efficient land information management regime. Interrater agreement index and Pearson’s bivariate correlation analysis were used to analyse primary data gathered from users of land information in relation to land information needs and competition in land information harnessing. Following verification of the relationship between competition and economic knowledge, the key research finding is that there are two kinds of land information management knowledge and these are expert and entrepreneurial land information management knowledge. Thus, the research presents empirical evidence that out of four types of entrepreneurial knowledge verified, two types namely adaptive and cost-efficient knowledge are most likely to influence competition in land information supply. Also, competition is likely to deliver land information services that satisfy the needs of users of land information. Altogether, the research findings converge with the theory verified. The research outcome suggests that deregulation of state monopoly of land information harnessing for competition among private economic actors in Ghana is due. Removing this barrier is likely to promote dynamic competition in which licensed land information suppliers can use adaptive and cost efficient knowledge in gathering and disseminating land information at competitive prices. The study also provides evidence that all-in-one land information, which is broadly accessible at competitive prices is likely to be required to help address the problem of information asymmetry in the context of Ghana. For purposes of practice in the context of urban real estate markets in Ghana, a framework based on the research findings is developed and validated. The framework is proposed to inform policy decision on deregulation for competition in land information harnessing to enable the real estate sector function well. To kick start the process, deregulation in land data gathering and dissemination of land information is suggested.

The aim of this study is to analyse a part of a model that describes the relationship in land administration. The model is both international and Swedish standard and is named, The Land Administration Domain Model (LADM). The model describes how a natural or legal person, property unit or joint property unit is affected by the legislation, exercise of authority and agreements within an administrative entity, such as a property unit or joint property unit. A part of the model has been analysed in a case study in Valbo, Gävle.  The study has been delimited to investigate the part that describes land administration that manifests itself as zoning plan, area regulations, Real Property Register and digitalised available cadastral dossiers. The information has been decoded by the part of the model rights, restrictions, and responsibilities (RRR). This is a more detailed way of describing how land administration affects a property unit or person. As far as the author knows has the model not been practiced in Sweden, despite of that the model has been of Swedish standard since 2012.  The study shows that LADM can be used in Swedish legislation and fills a void when describing land administration, the main focus is to describe the relationship between property units and persons. The cross-border collection of property related information generates an overview of what exists in a land area. This makes it possible to see when information is duplicated or absent. LADM has the capacity to gather information from different land administration systems. By gathering information to a system so an overview is created and better conditions for exercise of authority or inhabitant to identify which factors affect a land area. / Den här studien syftar till att analysera en del av en modell som beskriver relationer vid markanvändning och markägande. Modellen är både internationell och svensk standard och heter The Land Administration Domain Model (LADM), på svenska Modell för markanvändning och markägande (LADM). Modellen beskriver hur en fysisk eller juridisk person, fastighet eller samfälld mark påverkas av lagar, myndighetsutövning och avtal inom en registrerbar enhet, som en fastighet eller samfälld mark. En del av modellen har analyserats genom att använda metoden fallstudie i Valbo, Gävle.  Studien har avgränsats till att undersöka den del som beskriver markanvändning och markägande som tar sig uttryck som detaljplaner, områdesbestämmelser, fastighetsregistret och digitalt tillgängliga förrättningsakter. Informationen har tolkats enligt modellens rättigheter, restriktioner och skyldigheter (RRR), vilket ger en mer detaljerad beskrivning hur lagar, myndighetsutövning och avtal påverkar en fastighet eller person, mer än förmån och belastning. Vad författaren känner till har inte modellen tillämpats i Sverige tidigare, trots att den varit svensk standard sedan år 2012.  Studien visar att LADM fyller ett tomrum vid beskrivning av markanvändning och markägande, då den fokuserar på att beskriva relationer mellan fastigheter och personer. Insamlingen av fastighetsinformation kan ske gränsöverskridande och därmed skapar modellen en överblick av vad som finns inom ett område. Det skapar möjligheten att se när information finns upprepad hos olika register och när information uteblivit. LADM har kapacitet att samla den information som finns inom markanvändning och markägande. Genom att samla information till ett system skapas en översikt och ger bättre förutsättningar för myndighetsutövning eller invånare att identifiera vilka påverkande faktorer som finns inom ett geografiskt område.

<p>The challenge of alleviating poverty, especially of the rural poor, is a universal one. Mozambique is also faced with this challenge as well the challenge of redressing the inequality exacerbated by civil war. Among the many strategies suggested for addressing poverty is improving poor people&rsquo / s access to land. In Mozambique, all land is owned by the state, yet informal land markets do exist. A theoretical review of the models on informal markets in developing countries reveals that economy of rural family depend greatly on land resources, and that often formalisation of land markets leads to land concentration and speculation rather than to the promotion of economic development. The overall objective of the study was to analyse the economic, institutional and social dynamics and determinants of informal land markets in rural Mozambique and how they impact on the livelihoods of poor people. Due to the largely unexplored nature of the topic, this study is exploratory and descriptive in nature. Research methods included a combination of quantitative and qualitative methods. To achieve these objectives, a strategy comprising two approaches was used. Firstly, a theoretical review was undertaken, to discuss both international and African debate on informal land markets models with regard to different views on Mozambican informal land markets. This theoretical review also covered the political economy of land in Mozambique. Secondly, empirical evidence was systematized in the form of a case study of the perceptions of determinants on informal land markets that was undertaken in Mogovolas district. The lack of clear policy regarding the informal land market in Mozambique produced a complex range of problems, between local people, between locals and new investors, between new investors, and between all these groups and the state. The large majority of smaller localised conflicts were, and continue to be, resolved by traditional authorities and local social-control mechanisms. Conflicts between local people and investors have proved much more complex. The role of the state has been unclear from the start and the state is still dysfunctional due to a lack of transparency, inefficiency, and corruption in management of land.</p>

<p>The challenge of alleviating poverty, especially of the rural poor, is a universal one. Mozambique is also faced with this challenge as well the challenge of redressing the inequality exacerbated by civil war. Among the many strategies suggested for addressing poverty is improving poor people&rsquo / s access to land. In Mozambique, all land is owned by the state, yet informal land markets do exist. A theoretical review of the models on informal markets in developing countries reveals that economy of rural family depend greatly on land resources, and that often formalisation of land markets leads to land concentration and speculation rather than to the promotion of economic development. The overall objective of the study was to analyse the economic, institutional and social dynamics and determinants of informal land markets in rural Mozambique and how they impact on the livelihoods of poor people. Due to the largely unexplored nature of the topic, this study is exploratory and descriptive in nature. Research methods included a combination of quantitative and qualitative methods. To achieve these objectives, a strategy comprising two approaches was used. Firstly, a theoretical review was undertaken, to discuss both international and African debate on informal land markets models with regard to different views on Mozambican informal land markets. This theoretical review also covered the political economy of land in Mozambique. Secondly, empirical evidence was systematized in the form of a case study of the perceptions of determinants on informal land markets that was undertaken in Mogovolas district. The lack of clear policy regarding the informal land market in Mozambique produced a complex range of problems, between local people, between locals and new investors, between new investors, and between all these groups and the state. The large majority of smaller localised conflicts were, and continue to be, resolved by traditional authorities and local social-control mechanisms. Conflicts between local people and investors have proved much more complex. The role of the state has been unclear from the start and the state is still dysfunctional due to a lack of transparency, inefficiency, and corruption in management of land.</p>