The Cadastral Reform in the Czech Republic
by Ivan Pešl
Key words: Cadastral reform - combination of former land
cadastre and land registry - cadastral legislation - legal
cadastre - conversion of descriptive data - digitisation of cadastral
maps - enhanced cadastral information system.
Abstract
Introduction
The Czech Republic has about 10 million
inhabitants, its area is nearly 79.000 square kilometres. The Cadastre
comprises 13.078 cadastral units, about 21 million parcels and more
than 4 million owners. Not only the need to secure rights of owners
and creditors, but first of all the needs of economy of country were
the main reasons to start the cadastral reform.
Historical Background
The Czech cadastre has its roots in the Austrian
cadastre and land registration system („grundbuch") of last
century. The development of the cadastre was heavily influenced (and
even interrupted) by frequent political events and great property
changes, particularly by several very extensive land reforms:
- first land reform in 1919 (after WWI and formation of
Czechoslovakia)
- second land reform in 1945 (after WWII)
- nationalisation and collectivisation in fifties (after communist
coup in 1948)
- restitution and privatisation (after so called „velvet
revolution" in 1989).
Political development was too busy. None of the
long-term land reforms and cadastral aims had the time enough to be
fully completed. The cadastre tried to follow the changes, in fifties
was substantially simplified and land registration abolished. After
new Civil Code in 1964 a new cadastre comprising registration of basic
rights was established. Since the cadastre of 1964 was defective and
was not able to meet the new demands of privatisation and restitution,
it was inevitable to prepare the cadastral reform. In 1993 after the
formation of the Czech Republic new basic cadastral legislation came
into force and the cadastral reform started.
New Cadastral Legislation
New cadastral legislation consists of several basic
laws and regulations. The Land Registration Act and the
Cadastral Law came back to the time-tested principles of previous land
registry („grundbuch") and land cadastre from 1927
and established the new „legal cadastre"
comprising registration of titles, which is administered by survey
authorities.
The cadastre comprises data about parcels, their
boundaries and the rights to them (ownership right, mortgage,
easement, right of first refusal, and other real rights - as far as
created as rights in rem). Cadastral data: cadastral unit, parcel
number, geometric determination of property are strictly obligatory
and legally binding in the all legal acts concerning real estates.
Records registered in the cadastre prove the truth of registered facts
untill the contrary is proved. All the cadastral documentation is open
to the public and everyone has right to look into them. Official
copies and extracts from the cadastre are public deeds.
Long/term Cadastral Conception
The long term Cadastral Conception was adopted by the government in
1993. It established not only prioroties, but solves as well the
financing of the whole ambitious project. The main aims of the
Conception were as follow:
- completing local PC LAN
in all Cadastral Offices - by 1994
- completing conversion of descriptive cadastral data
(„owner
folios" with legal titles, including completion with so called
„missing parcels") - by year1998
- digitisation of cadastral maps
(newer maps 1:1000 and 1:2000
covering 30% of area - by year 2000, and old graphic maps 1:2800
which cover 70% of area - by year 2006)
- development and implementation of new cadastral SW system
- by year 2000.
Present State of the Cadastre
Legal cadastre has been established (comprising
both land cadastre and land registry) administered by survey
authorities.
An appropriate organisation has been built up with
qualified staff (Czech Office for Surveying , Mapping and Cadastre as
the supreme body, 7 Inspectorates in regions, and 77 Cadastral Offices
in districts, totally about 5.500 employees).
Cadastral Offices are equipped with local databases
connected by WAN with the central database. All descriptive cadastral
data had been fully converted (including legal titles and searching
for so called „missing parcels") by 1998. Digitisation of
cadastral maps has started and is in progress (about 20 %of area
covered by newer modern maps 1:1000 and 1:2000 is completed, the
digitisation of old graphic maps 1:2800 covering 70% of area has
started). New enhanced cadastral software comprising WAN and remote
access has been developed and tested and is gradually implemented to
Cadastral Offices (including massive training of staff).
Conclusion
The new cadastre works reliably and has stood the
test of extensive privatisation and restitution. The new cadastral
legislation has proved to be relatively good and is step by step
improved. Descriptive data are fully converted including titles and
digitisation of maps in under progress (nearly 20 % of area). New
cadastral software has been developed and is implemented including WAN
and remote access. Offices are equipped with qualified personnel
(including lawyers) and a conception of continuous vocational
education and training was adopted.
Due to the international consultant help (within PHARE) the way to
improve the content and services of an enhanced cadastre is discussed
as well as the questions of efficiency and future financing. An open
discussion forum „NEMOFORUM" has been established
comprising main users of cadastral data both from private and public
sector.
Dipl.-Ing. Ivan Pešl
Survey and Cadastral Inspectorate
Praskova 11
746 01 Opava
CZECH REPUBLIC
Tel + 420 653 622 692
Fax + 420 653 621 959
E-mail kuopava@ova.pvtnet.cz
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