The publicly appointed surveying engineer as part of the cadastral
system
Introduction
• We have a more or less similar culture of engineering work
• In all matters related with legal affairs thinks are often different. Cadastre surveyings are an good example for different systems
Is there a land register and / or cadastre? Which kind of work is sovereign? Who is in charge? Which qualification? Is the registration uniform? What or how much has to be registerd?
BDVI Vice President Dipl. – Ing. Clemens Kiepke, Valencia, December 2013 2
Introduction
As many countries we have in the Eu, as many + x solutions of ownership protection do we have
BDVI Vice President Dipl. – Ing. Clemens Kiepke, Valencia, December 2013 3
BDVI Vice President Dipl. – Ing. Clemens Kiepke, Valencia, December 2013
Some Facts about Germany
16 states
Capital: Berlin
Area 357.023 sqkm
Inhabitants 82,5 mio.
Some facts about Germany
- For the most important laws the German federal republic is responsible, for other laws the German states are in charge of them (historical reasons)
- Engineering work and engineering surveyings are not regulated.
- Sovereign surveyings for our ownership protection system are regulated by the German states
BDVI Vice President Dipl. – Ing. Clemens Kiepke, Valencia, December 2013
BDVI Vice President Dipl. – Ing. Clemens Kiepke, Valencia, December 2013
Cadastre and Land Registry
• Cadastre and Land Registry are separate
• Cadastre is operated under state law by cadastral offices
• Land Registry is operated by the land registry offices in the local courts under federal law
The legal status of work
• Every country makes decisions about the importance of certain activities (defense etc.)
• Germany decided, that every citizen who buys a house, a flat or land has extremely high protection of his investment
• Property rights are part of the German Constitution: 1st principle: The State guarantees property rights
• Because of that, activities connected with registrations of real estates are under the control of the state.
• It is a sovereign work
BDVI Vice President Dipl. – Ing. Clemens Kiepke, Valencia, December 2013
The legal status of work
• Because of workflow, changes of the economic trend and the idea of participating of the liberal profession, we have so - called publicly appointed professionals.
• They have an extra education, a special tight connection to the state and part wise the public power of the state
• Examples are the notaries and the publicly appointed surveying engineers
BDVI Vice President Dipl. – Ing. Clemens Kiepke, Valencia, December 2013
The legal status of work
• Not every lawyer is allowed to work as a notary and not every surveying engineer is allowed to work as a publicly appointed surveying engineer.
• The notaries are usually working as a lawyer and also in notary affairs
• The publicly appointed surveying engineers are acting in engineering cases like a normal engineering office and in the case of sovereign cadastral measurements like a state agency including the official power.
BDVI Vice President Dipl. – Ing. Clemens Kiepke, Valencia, December 2013
Types of surveying work
• We have surveying or engineering offices which are free to carry out any type of surveying everywhere.
• We have the states cadastral administration, which are with the publicly appointed surveying engineers responsible for sovereign surveying
• We have the publicly appointed surveying engineers who are in charge of both kinds of work
BDVI Vice President Dipl. – Ing. Clemens Kiepke, Valencia, December 2013
Some examples of engineering surveyings
BDVI Vice President Dipl. – Ing. Clemens Kiepke, Valencia, December 2013
Overview of kinds of surveyings
BDVI Vice President Dipl. – Ing. Clemens Kiepke, Valencia, December 2013 12
BDVI Vice President Dipl. – Ing. Clemens Kiepke, Valencia, December 2013 13
Höhenplan
14
BDVI Vice President Dipl. – Ing. Clemens Kiepke, Valencia, December 2013
BDVI Vice President Dipl. – Ing. Clemens Kiepke, Valencia, December 2013
BDVI Vice President Dipl. – Ing. Clemens Kiepke, Valencia, December 2013
3D CAD
BDVI Vice President Dipl. – Ing. Clemens Kiepke, Valencia,
December 2013
Photogrammetric Rectification
BDVI Vice President Dipl. – Ing. Clemens Kiepke, Valencia, December 2013
3 D Measurement and CAD
BDVI Vice President Dipl. – Ing. Clemens Kiepke, Valencia, December 2013
Weapon calibration
BDVI Vice President Dipl. – Ing. Clemens Kiepke, Valencia, December 2013
BDVI Vice President Dipl. – Ing. Clemens Kiepke, Valencia, December 2013
Valuation
G U T A C H T E N
Ausfertigung Nr. 1
Dieses Gutachten besteht aus 45 Seiten inkl. 4 Anlagen mit insgesamt 6 Seiten.
Das Gutachten wurde in drei Ausfertigungen erstellt, davon eine für meine Unterlagen
Shipbuilding Industry
BDVI Vice President Dipl. – Ing. Clemens Kiepke, Valencia, December 2013
Electronic engine calibration
BDVI Vice President Dipl. – Ing. Clemens Kiepke, Valencia, December 2013
Satellite calibration
BDVI Vice President Dipl. – Ing. Clemens Kiepke, Valencia, December 2013
Some examples of sovereign surveying work
- Subdivisions- Verifying of property- Planning facts- Official seal- Expert at the court- Detection of borders- Land consolidation- Reallocation and voluntary reallocation- Data for development plans
BDVI Vice President Dipl. – Ing. Clemens Kiepke, Valencia, December 2013
Detection of Borders
BDVI Vice President Dipl. – Ing. Clemens Kiepke, Valencia, December 2013
Surveying new estates
BDVI Vice President Dipl. – Ing. Clemens Kiepke, Valencia, December 2013 28
Easement plan
BDVI Vice President Dipl. – Ing. Clemens Kiepke, Valencia, December 2013 29
Lageplan
BDVI Vice President Dipl. – Ing. Clemens Kiepke, Valencia, December 2013
Consolidation
BDVI Vice President Dipl. – Ing. Clemens Kiepke, Valencia, December 2013 31
BDVI Vice President Dipl. – Ing. Clemens Kiepke, Valencia, December 2013
Land consolidation
BDVI Vice President Dipl. – Ing. Clemens Kiepke, Valencia, December 2013 33
Reallocation
BDVI Vice President Dipl. – Ing. Clemens Kiepke, Valencia, December 2013
Streets and green areas before and after the reallocation
before after
- -
BDVI Vice President Dipl. – Ing. Clemens Kiepke, Valencia, December 2013 35
II. Grundlagen des Beispielfalles
Development plan
BDVI Vice President Dipl. – Ing. Clemens Kiepke, Valencia, December 2013
Data for development plans
BDVI Vice President Dipl. – Ing. Clemens Kiepke, Valencia, December 2013
The publicly appointed surveyor
19th century demand for a cadastral system The first system was a fiscal cadastre In the early 20th century we had an upgrade to
a property cadastre Public credence of the cadastral data Over the years what was technically possible
was done. Development to a multipurpose cadastre
BDVI Vice President Dipl. – Ing. Clemens Kiepke, Valencia, December 2013
The publicly appointed surveyorstatus
In the first decades of the 20th century the institution of the publicly appointed surveyor was founded
A “private” surveyor is allowed to act as the State
To get this status after university an additional second education in law and administration is necessary. Afterwards an about one year training is obligatory before a swearing in is possible
Today about 300 cadastral offices and about 1500 publicly appointed surveyors are in charge in Germany
Requirements publicly appointed surveying engineers (mainly)
• Master degree in geodesy • Additional 2 years traineeship in the surveying
administration • Qualification certificate for the senior sections
of the civil service in surveying and mapping Civil service examination / second state exame
• Same way of education like judges and notaries• At least 1 year practical experience in cadastral
surveying• Swearing in
Requirements publicly appointed surveying engineers
• Personal qualification und reliability• His profession is self-employed and
independent • He may employ other surveyors, but no
other publicly appointed surveyor, who carries out parts of the cadastral surveying
• He is responsible for the whole of his work
BDVI Vice President Dipl. – Ing. Clemens Kiepke, Valencia, December 2013
The publicly appointed surveyor
amount of work
• Today about 80 % of the cadastral field work is done by publicly appointed surveyors
• The amount of cadastral work depends basically on the building sector
• This sector has serious fluctuation • The State is sometimes not able to deal with
this fluctuation • Because of that, it is a relief for the State when
publicly appointed surveyors are in charge
BDVI Vice President Dipl. – Ing. Clemens Kiepke, Valencia, December 2013
Rights and duties
Publicly appointed surveyors have some special rights to execute their work:
He sets administrative acts for defining border and for his invoices
He works in a sovereign field, the public authority has to support him
He uses an official seal, his business paper and office bears the states emblem
He is freed from some paragraphs of the road traffic act
BDVI Vice President Dipl. – Ing. Clemens Kiepke, Valencia, December 2013
Rights and duties
Entry right to all plots Access to all owner’s data Fixed price lists To be involved in defining new laws Setting administrative acts. A boarder is a
fact after setting this act. This is public authority and power done
by a publicly appointed engineer. Their working results “have to fit”. This
requires excellent understanding of all cadastral matters and is achievable only by dedicated stakeholders.
BDVI Vice President Dipl. – Ing. Clemens Kiepke, Valencia, December 2013
Rights and duties
Some duties:
The responsible ministry has to control the work and the invoices etc. at least every two years
A limited liability company is not allowed. The publicly appointed surveying engineer
guarantees with his whole property for 30 years He has to accept every sovereign job which is
assigned to him Correct behaviour in the society is a must
BDVI Vice President Dipl. – Ing. Clemens Kiepke, Valencia, December 2013
Self organization and controls by the state
About 90 % of the publicly appointed surveying engineers are voluntarily organized in the BDVI (German association of publicly appointed surveyors). The BDVI deals with the:
Organization of members Harmonisation Advanced training Contacts to other business organization Relations to politicians Contribution of new laws etc.
BDVI Vice President Dipl. – Ing. Clemens Kiepke, Valencia, December 2013
Self organization and controls by the state
Every about two years the responsible ministry is sending two or three higher public servants into our offices. They check:
If everything was done according to the law. If correct invoices were dispatched If the instruments were permanently checked If the files management was correct and
reproducible In general, if the states affairs were treated in a
correct way
BDVI Vice President Dipl. – Ing. Clemens Kiepke, Valencia, December 2013
Which authorities are in charge
of cadastre and land register?
The cadastral administration
The publicly appointed surveyor
The land registry
BDVI Vice President Dipl. – Ing. Clemens Kiepke, Valencia, December 2013
Current organization of surveying authorities
(eg.)Ministry
LawControl
Swearing in of surveyorsetc.
Cadastre Administration
RegistrationSovereign surveying
Publicly AppointedSurveyors
Sovereign surveyingTechnical surveying etc.
Data
BDVI Vice President Dipl. – Ing. Clemens Kiepke, Valencia, December 2013
Access to information
Citizen Public authorities
Publicly appointedsurveyor
Surveying experts
Type of Data
Owner registry(Data privacy)
Maps Surveying data(Data privacy)
BDVI Vice President Dipl. – Ing. Clemens Kiepke, Valencia, December 2013
The effect of the legal demands
In every period the cadastre has, besides the technical character,
a strong legal character.
- Every border stone is coordinated and accepted - This is documented- A conflict occurs very seldom - Public belief
The effect is an enormous legal certainty
BDVI Vice President Dipl. – Ing. Clemens Kiepke, Valencia, December 2013
Ownership protection
Notary Laws
Owners
Land registry
Cadastre
Publicly appointed sur.
Cadastre is part of the basic infrastructure of Germany
•Every planning and geographical sourced action is based on cadastral data•There is only one basic information system - the cadastral data•Every map based official action has to be based on the cadastral data•Every changing of property is registered in the cadastre•The cadastre is the technical part of the land register
BDVI Vice President Dipl. – Ing. Clemens Kiepke, Valencia, December 2013
BDVI Vice President Dipl. – Ing. Clemens Kiepke, Valencia, December 2013
Example of an old cadastral map
BDVI Vice President Dipl. – Ing. Clemens Kiepke, Valencia, December 2013 54
Cadastral map before 2000
BDVI Vice President Dipl. – Ing. Clemens Kiepke, Valencia, December 2013
Example of a newer cadastral map about 2000 – 2011
56
Example of a new cadastral map
after 2011
BDVI Vice President Dipl. – Ing. Clemens Kiepke, Valencia, December 2013
Dipl. – Ing. Clemens Kiepke, Athens, March 2013 57
Example of a new cadastral map
BDVI Vice President Dipl. – Ing. Clemens Kiepke, Valencia, December 2013
58
Example of a cadastral owner register
Owner: Mr. Example
BDVI Vice President Dipl. – Ing. Clemens Kiepke, Valencia, December 2013
Ownership change
GermanCivil Code
Land RegisterAct
Cadaster & Surveying Laws
AdministrationalLaws
Real Estate
Plot
Building &Construction
Laws
Technical Rules
Quod non est in actis non est in mundoIf it‘s not in the files, it doesn‘t exist.there is no property nor rights outside of the Land Register
The Register is public for owners and qualified interestThe Land Register has public credenceThe Land Register contains only the property rights – there is no spatial information
BDVI Vice President Dipl. – Ing. Clemens Kiepke, Valencia, December 2013
Land Register
Documentation of Real Estate Property
• Real estate property documentation in Germany has two parts:
• Land Register provides information about the owner, the mortgages and the easements.
• Property Cadastre provides information about the plots geographical situation, its size, its use and last but not least the buildings.
• Each part is dedicated to a specific purpose• Both parts complement each other. Only both
parts together deliver the complete information.
BDVI Vice President Dipl. – Ing. Clemens Kiepke, Valencia, December 2013
The Cadastral Surveying
• Extremely precise measurements are not necessary for cadastral surveying.
• Additional skill is needed: to recognize and to dissolve possible contradictions.
• This process requires a complex assessment of all available information.
• It culminates in the surveyor’s decision where the border between two plots is situated.
• This is the moment when the cadastral surveyor sets an administrative act and executes governmental force:
BDVI Vice President Dipl. – Ing. Clemens Kiepke, Valencia, December 2013
Factors for Success
• Errors near to zero because of safe procedures and quality assurance.
• Trust because all participants trust in the system, are informed and have to be involved
• Efficiency because the system is tuned between all professional participants and institutions
BDVI Vice President Dipl. – Ing. Clemens Kiepke, Valencia, December 2013
Conclusion
• The advantage of the German cadastre system is the legal decision with administrative acts and the technical correctness of the measurements
• Because of a 100% documentation, a legal certainty, a public credence and a public belief the system is more than accepted.
• The decisions are mostly accepted
• The public belief is established.
BDVI Vice President Dipl. – Ing. Clemens Kiepke, Valencia, December 2013
Financial Scope
German Property Administration Estimated costs:2,5 billion €0.1% of the GDP
USA Title Insurance Costs:16 billion US $0.1% of the GDP for Title Insurance only!
BDVI Vice President Dipl. – Ing. Clemens Kiepke, Valencia, December 2013
Cases in court per year
Example from another European country with about 6.000.000 citizens more than 2000 cases in court due to an undeveloped cadastre
Germany with 82.500.000 citizenshas an estimated 100 cases in court
BDVI Vice President Dipl. – Ing. Clemens Kiepke, Valencia, December 2013
BDVI Vice President Dipl. – Ing. Clemens Kiepke, Valencia, December 2013
Thanks for listening
?
Top Related