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Fit-For-Purpose Systems of Land Administration

Fit-For-Purpose Systems of Land Administration as described by the International Federation of Surveyors (FIG) and the World Bank. Certain problems in the land administration of the Central American country of Belize are reviewed. An approach is described to develop such a fit-for-purpose system to help tackle those issues.
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0% found this document useful (0 votes)
191 views

Fit-For-Purpose Systems of Land Administration

Fit-For-Purpose Systems of Land Administration as described by the International Federation of Surveyors (FIG) and the World Bank. Certain problems in the land administration of the Central American country of Belize are reviewed. An approach is described to develop such a fit-for-purpose system to help tackle those issues.
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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Running head: FIT-FOR-PURPOSE SYSTEMS OF LAND ADMINISTRATION 1

Fit-For-Purpose Systems of Land Administration

Kevin Gutierrez

An Assignment Submitted as Course Work for Land Administration and Registration (SGI3006)

To the School of Building and Land Management,

Faculty of the Built Environment,

University of Technology, Jamaica

2018
FIT-FOR-PURPOSE SYSTEMS OF LAND ADMINISTRATION 2

Table of Contents

Page

Introduction..................................................................................................................................... 3

The Fit-For-Purpose Concept......................................................................................................... 4

Belize – System, Problems, & Potential Solution ........................................................................... 6

Spatial Framework........................................................................................................................ 12

Legal Framework .......................................................................................................................... 17

Institutional Framework ............................................................................................................... 18

Recommendations ......................................................................................................................... 19

Conclusion .................................................................................................................................... 20

References ..................................................................................................................................... 21
FIT-FOR-PURPOSE SYSTEMS OF LAND ADMINISTRATION 3

Introduction

For many countries within the Caribbean region, there have been growing issues related to
improper land usage, and more in particular, land tenure. As a contrast, developed countries have
developed over centuries highly sophisticated and very expensive systems of land administration.
The notion is that these systems may be too far-fetched to be directly adapted by developing
nations. Moreover, these systems require high accuracies for all kinds of work, all of which, require
a lot of time for completion, heavy investment, and competent expertise to keep the system
running. However, all of this does not imply that proper systems cannot to be developed; it is
possible to properly run and maintain a land administration system that upholds the same functions
from that of much advanced ones. This brings the concept of the “fit-for-purpose” systems of land
administration. These are geared towards cost-effectiveness and sustainability for developing
countries (FIG/World Bank, 2014). This paper discusses the concepts under the “fit-for-purpose”
land administration systems, including the spatial, the legal, and the institutional frameworks. To
put things into perspective, the country of Belize is used as an example. There is particular insight
given about the National Land Inventory Project – a short-lived project under the Ministry of
Natural Resources (Belize). It is mainly used as a means of explanation for some of the concepts
discussed in this paper. Certain recommendations are stated in the hope for future review and
assessment about the practicality of the matter.
FIT-FOR-PURPOSE SYSTEMS OF LAND ADMINISTRATION 4

The Fit-For-Purpose Concept

The “fit-for-purpose” concept for land administration speaks about flexibility on various
aspects. It is geared towards a major focus on serving the true purpose for which systems are
intended to carry out, and not necessarily the use of high-end technology and high-level accuracy
of survey work. The flexibility should come in terms of the following: flexibility in the required
accuracy demands on mapping projects, mainly large-scale cadastral surveys; flexibility in the
demand for spatial information; flexibility in recording of legal and social tenure, the latter being
one that is not covered in most high-end land administration systems; and, lastly, flexibility in
terms of shaping the legal framework that accommodates social needs. Having said that, the land
administration system must be capable of being “incrementally improved” overtime. This means
that the system must be created in a way that allows for continual change and improvement in
accuracy, aims, and strategies.

As such, the “fit-for-purpose” approach can use solutions that are parallel to those
advanced systems utilized in developed countries. So what exactly is meant by land administration
systems? These are the technology, the spatial, and legal frameworks that enable recording and
administration of land tenure, and management and valuation of land, including planning and
protection of natural resources. The technology, spatial, and legal frameworks are considered as
the basic components of a “fit-for-purpose” land administration system. In practicality, modern
technology plays a crucial role in the development of a spatial framework. Satellite imagery or
Orthophotos are the main resources utilized, both in office and on the field. The scale and the
accuracy of the mapping project heavily depend on factors such as the area’s topography and
density of development. For example, high density areas (urban areas) require large-scale surveys
of a higher accuracy, and the like.

Of course, technology alone cannot build the spatial framework. This requires the
participation of various stakeholders, mainly categorized as the State/Government, Land
Professionals, and the Public. This is called the “participatory approach”. In this case, legal and
social tenure rights are being recorded in graphical form, mainly on printed versions of the satellite
imagery or orthophotos, along with a research/application process to obtain proof of ownership for
these parcels. This participatory, otherwise known as the inclusive, approach are geared towards
human rights. These include political aims like economic growth, social equality, and
FIT-FOR-PURPOSE SYSTEMS OF LAND ADMINISTRATION 5

environmental sustainability. Countries like Ethiopia and Rwanda have adapted the “fit-for-
purpose” approach as a means to map all the existent land rights at the national level. Rwanda is a
perfect example as it demonstrated speed of this system, and economic efficiency after locating
over ten million parcels. Moreover, almost nine million printed land lease certificates were issued
as of May of 2013 (FIG/World Bank, 2014).

It is important to adopt a legal framework that accommodates for this kind of flexibility.
This can be done before commencement of the exercise or done in progressive manner as the
system is being developed and updated. Laws and Policies are very important since these will
dictate the way the system is to play out, and create a certain level of transparency. Under the legal
framework, the other two basic components should be included to have more completeness. For
instance, the acceptable accuracy of the surveys or the required supporting documentation are
revised under the laws to either fit in the new system, or allow the new system to run parallel to
existing ones, where deemed necessary.

The land administration system should enable secure land rights for everybody.
Nevertheless, the technical aspects of land valuation and land use control should also be facilitated.
After all, these are examples of land administration processes that are required for a Government
to complete its mandates and generate revenue. As stated previously, the use of satellite imagery
or orthophotos are used in the field to basically draw the parcel boundary themselves. This is done
in the field work aspect of the exercise. Due to the simplicity, local field staff are the ones doing
most of the data collection. More highly capacitated professionals, like Land Surveyors, oversee
that the aims, objectives, and regulations are being conformed to during the procedure (FIG/World
Bank, 2014). This usually happens in rural areas, where less accurate data can be accepted to a
certain extent. The data will be representative of what is occurring on the ground. Digitizing, based
on the high resolution satellite imagery or orthophotos, can be done based on what was collected.
Digitizing methods include following features that demarcate land boundaries as seen on the
ground and visible on the imagery. For urban or high density areas, a different approach is required,
because here is where the high demand for land exists making accuracy of upmost importance.

This is a temporary approach in large-scale mapping. With future land surveys paid-for by
individuals or entities, the system can be updated and upgraded to improve on the accuracy level.
Of course, these kind of surveys will highly depend on the current needs that go beyond land
FIT-FOR-PURPOSE SYSTEMS OF LAND ADMINISTRATION 6

administration – that is, under the legal or engineering aspects. Upgrading can be both
technological and legal in nature, for both play roles in modernizing and fully integrating land
information with good land administration practices. The demands for creating such a “fit-for-
purpose” land administration system include demands for capacity development of individuals and
agencies who will build and maintain the system, demand for funding all of the aspects of the
work, and more importantly, strong political will and leadership to see the system to creation.

Updating and Upgrading are usually aligned with the concept of “Continuum of
Continuums”. This concept has four dimensions under land administration. There is the
Continuum of Tenure, which deals with the types of tenure being both formal and informal.
Informal forms of tenure are those like customary and indigenous rights. This suggests that the
estate on land may not only be held by the usual kinds of holders under the law, but can include a
family, a community, or a tribe (social units). The formal ones are those that are most commonly
sough after, like leasehold and freehold, and are recognized under legislation. Another dimension
is that the Spatial Unit of land ownership can be in the form of a point cadastre, be text-based, and
even photo-based. These are different from the customary boundary lines most systems cater to.
Continuum of Data Acquisition refers to the constant updating of the cadastral system. As
previously mentioned, this constant updating will improve on accuracy (Continuum of Accuracy).
It should be seen as a process rather than a one-time occurrence. Finally, the Continuum of Land
Recording and Credit Accessibility refer to the various ways that land tenure data can be acquired.
These may range from informal land offices in rural areas to the much more organized
governmentally managed land registry.

Belize – System, Problems, & Potential Solution

First of all, it is important to understand a bit of Belize’s background and current Land
Administration System. Belize is a Central American country, bound by the Caribbean Sea to the
east, encompassing and area of approximately 22,965 square kilometres. The country follows a
parliamentary democracy that was modelled on the Westminster system. The Government’s land
administrative body is the Lands and Surveys Department (LSD), a department under the Ministry
of Natural Resources. There are two major categories of land in Belize – Declared and Undeclared
land. Declared land refers to the land falling within compulsory registration sections, which are
administrated by the Land Registry – a section under the LSD. Land Certificates are issued under
FIT-FOR-PURPOSE SYSTEMS OF LAND ADMINISTRATION 7

this kind of registration. A cadastral system backbones the entire operation, running under a land
information system named Trimble Landfolio. The cadastral system is updated and maintained by
the Mapping and Surveys Section.

Undeclared land refers to the kind of land that is registered under the old system of
registration. This system is managed by the Titles Section. It operates the Land Titling system that
originated decades ago, but was recently improved within the past decade to align itself with the
current technology. Research to obtain a Root of Title is done here, using the books (Volume and
Folios) that are part of the old database. Very old data can be obtained from the Belize Archives
and Records Service office. Newer surveys falling within the undeclared areas are now entered
differently in the system, very much using their Entry Number (Survey Plan number assigned) as
an identifier. The registers are within the land information system separate from that of the Land
Registry; however, these surveys do not appear in the cadastral system. Undeclared areas appear
completely blank on the cadastre.

In order to maintain a digital reference of these surveys, the Land Information Center
(L.I.C.), which is the Geographic Information Systems (G.I.S.) arm of the department, developed
what is commonly known as the Survey Compilations. This is a simple AutoCAD database where
surveys within the undeclared areas are being compiled. The level of completeness of this database
is not necessarily where it is wanted to. There are still missing surveys, mostly those that are old
in nature and cannot be scanned, those old surveys that are unknown to the system (descriptions
and old maps inexistent in the department), and survey plans which cannot be found and were
never scanned. This simple database has assisted, to a certain extent, in the daily operational
activities, but has a lot to improve on in terms of accuracy and land administration capabilities.

In addition, there are other sections that perform specific functions within the department.
The National Estate Section is responsible for the management of all national lands, except
protected areas. In addition, the section is also responsible for lands that may be exchanged or
acquired by the government. Currently, there is a huge backlog in the processing of applications,
numbering in the tens of thousands. Even though the system is digital running under the land
information system, paper work still follows the application. The implication of this is visible when
applications somehow get “lost” in the process. Additionally, land inspections have become a
FIT-FOR-PURPOSE SYSTEMS OF LAND ADMINISTRATION 8

burden rather than a check mechanism, as the system currently being operated cannot keep up with
the demand.

The Valuation Section is responsible for advising the Commissioner of Lands and Surveys
Department on the Value of Land. Valuation is based on transaction comparisons, but the section
is looking into developing taxation zones. This would significantly assist in taxation on a whole.
Lastly, there is the Physical Planning Section, which functions as the Secretariat of the Land
Utilization Authority. The primary functions include offering recommendations on the subdivision
of lands and the management of the seabed. For both of the previously mentioned sections, the
land information systems are also being utilized. Trimble Landfolio is a software suite that
integrates all workflows in land administration (Trimble Inc., 2017). Each section, except the
L.I.C., has a version specifically suited for their workflow needs. The L.I.C. works with enterprise
software like ESRI’s ArcGIS, but has full integration to the land information system.

There is an older database called the “Cashier Main” system. This holds data on land
taxation and land tenure. During the Land Management Programs (LMPs) and the development of
the new system that adopts the Torrens System of Land Registration, the Cashier Main was
supposed to become obsolete. The data in this system was transferred into the new land information
system, but problems arose for parcels in the undeclared areas precisely because there is an
incomplete cadastre. This unlinked data was given a new identifier, known as a PSN, to try link
the data relationally to the missing parcels, but was still unsuccessful. Therefore, this older
database is still used in certain instances to obtain information for some parcels. Nevertheless, all
lands registered under the new system have their respective valuation accounts working without
issues. Unfortunately to say, there is no fiscal cadastre existent in Belize, making it more difficult
to carry out certain tasks, like executing a land tenure research for very old parcels within the
undeclared areas. It can be complex and time consuming.

Looking at all the problems that are existent within the department, one can surely see that
the first approach would be to fill the gaps in the undeclared areas. The Land Information Center
can play a big role pertaining to this. In late 2014, the Government of Belize (Cabinet) ordered the
Lands and Surveys Department to look into a way to clear out the backlog existent in the National
Estate Section and to develop a full cadastre showing all parcels in the country. This cadastre was
supposed to contain all the legal ownerships and types of tenure. Unfortunately, to say the least, a
FIT-FOR-PURPOSE SYSTEMS OF LAND ADMINISTRATION 9

deadline of three months was given for such a huge project of national importance. The department
was supposed to undertake this task with its same, existing resources, including human assets. The
cadastre itself was supposed to be created by the Land Information Center. Some staff members
were going to work full-time on the project, while others were to supply supplementary aid. The
timeline was surely overestimated, simply because the data was not readily or easily available nor
it was in a format that would facilitate the creation of such information. There was also a lot of
pressure in getting this done as fast and accurate as possible.

As further information to the plot, approximately twenty-eight point six (28.6) percent of
Belize’s land mass is under declared areas. An approximate thirty point five (30.5) percent is under
reserved status (forest, archaeological, national parks, etc.). This brings the amount of land that is
accounted for to fifty-nine point one (59.1) percent. The remainder is what is considered
“Undeclared”. It was this remainder that had to be accurately mapped and proper land tenure
research carried out within the small period of time allotted. This was known as the “National Land
Inventory Project”. Of course, very little results could be shown at the end of three months, both
for the mapping process and the research. Eventually, the time allotment was removed and it was
understood from then on that it had to be an ongoing process. Technocrats gave their feedback, in
a particular meeting, stating that the mapping procedures would be time consuming, resources had
been lacking, man power was needed, and all the technicalities behind the large-scale mapping
needed to be taken into account. From the part of the National Estate Section, they were supposed
to do research based on the newly mapped areas. The kind of feedback was similar; it was going
to be a very time consuming task, and man power and resources were also needed if this process
was to occur full time. Certain decisions were made to approach the task differently.

Nevertheless, the National Land Inventory Project did not necessarily die off. The L.I.C.
was still tasked to create a better compilation of surveys for undeclared areas. Monthly reports
were submitted to show achievements, problems encountered, and emerging ideas that could be
implemented to facilitate the process. Certain processes in the National Estate Section were
changed, integrating a root of title research on every application to national land. The idea was
noble, as it aimed to prevent dual ownership; however, it actually ended up making the application
process more extensive and seriously slowed it down. Although it can be said that the National
Land Inventory Project has become a complete failure in terms of meeting its objectives, there is
FIT-FOR-PURPOSE SYSTEMS OF LAND ADMINISTRATION 10

a good side to the story. Out of the ideas coming from the L.I.C., there was a model similar to that
of a fit-for-purpose cadastre. Since there were limited resources, it was useful to get creative and
apply what was available. Organization of data, relationships between surveys, problems with
overlapping (potential dual-ownership), and the use of aerial imagery, amongst others were tabled
as components of an approach that could go a long way. The idea was to tackle the problem from
its source – if a lack of information is the root of the problem, then a comprehensive database
needs to be created factoring all the components of the land administration system.

Image 1: Example of survey boundaries, in the undeclared areas, overlain on Google Earth
imagery.

There was the advantage that, for most part, most surveys in these areas were fairly recent.
Recent is meant in terms of being within the past two decades. Their accuracy was much better
than those of older chain surveys, obviously. In most areas, it was mostly a matter of plotting,
adjusting, and establishing the surveys in their correct spatial location. This was a quick but
FIT-FOR-PURPOSE SYSTEMS OF LAND ADMINISTRATION 11

effective way to create a base for a parcel layer. For other areas, it was not so simple. Accuracy,
for that matter, had to be carefully maintained where possible. Those surveys that were based on
stations from the national survey network, or having an origin of coordinates obtained from G.P.S.
observations, were utilized for positioning other surveys, particularly the older ones.

Image 2: Example of areas where surveys were overlapping each other and it was unclear as if
these had already been legally dealt with.

It is very much clear that Belize can adopt, to a certain degree, a “fit-for-purpose” system
of land administration for the undeclared areas as a temporal solution. It can be aligned to the
existing, modern land administration system, to facilitate and eventually bring the entire country
into a fully “Declared” status. The concepts will be discussed more under the sections of Spatial
Framework, Legal Framework, and Institutional Framework.
FIT-FOR-PURPOSE SYSTEMS OF LAND ADMINISTRATION 12

Spatial Framework

The Spatial Framework refers to the large-scale mapping showing the land distribution in
terms of boundaries and land uses, particularly known as spatial units. To build a spatial
framework, the land administration functions need to be considered to build the data structure that
will suite every aspect of the operation. These include, but are not limited to, recordation and
management of legal and social tenure, assessment of land, property value and taxation,
identification and management of current land use, delivery of utility services, land use planning
and land development, and protection of natural resources (FIG/World Bank, 2014).

For advanced systems, high-level technical standards of adjudication, boundary marking,


and field surveys are utilized. These are too costly, too time consuming, demand a lot of capacity
from individuals (professional practice), and some practices may not necessarily be relevant to the
creation of the spatial framework. The “fit-for-purpose” approach suggests that the methods used
to create the spatial framework should be simple, cheap, and reliable. The framework should be
upgradable and updated when needs arise, and based on the land management activities. Hence,
emphasis is place more on the practical use of the data rather than the complexity of it. In the cases
where the state does not hold some of the information, the framework should facilitate volunteered
information from the public.

There are four key principles:

1. The use of General Boundaries versus Fixed Boundaries: the General Boundaries concept
is based on using physical features as the delineators of boundaries (English System of
Registration). These physical features can be hedges, walls, and fences. The precise
position of the corners for the parcels are not determined. Nevertheless, the
ownership/interests on the land are guaranteed. It is much cheaper to describe land than
that of Fixed Boundaries surveys, in which there are strict accuracy standards to be met.
To a larger extent, General Boundaries allow for the avoidance of doubt and questioning
of the boundary lines; hence, there are supposed to be little or no boundary disputes.
Interested parties tend to agree on spot about what demarcates the general boundary lines.
2. The use of Aerial Surveys versus Field Surveys: with the current use of Global Navigation
Satellite Systems (GNSS) along with Inertial Navigation Systems (INS), aerial surveys can
guarantee much more accuracy than ever. Even satellite imagery has improved in terms of
FIT-FOR-PURPOSE SYSTEMS OF LAND ADMINISTRATION 13

its resolution, achieving commercial resolutions up to point-three (0.3) metres. Covering


more area units per cost is much more affordable when compared to covering the same
area conducting cadastral surveys. If the state chooses to pay for a subscription service to
obtain satellite imagery, there are greater benefits like having the imagery updated every
other day, keeping it current every time. It has to be seen as an investment and has to be
used accordingly to make it worthwhile.
3. Accuracy relating to purpose rather than technical standards: using the combination of
General Boundaries with highly accurate, high resolution imagery (orthophotos or
satellite), the large-scale mapping can still achieve very reliable and solid results. The
information obtained will serve for land management purposes and land boundaries could
still be located without major issues.
4. Opportunities for updating, upgrading, and improvement: as mentioned previously, newer
surveys conducted privately after the creation of the foundation parcel layer (cadastre)
could be used to improve on the accuracy. Theoretically, this will happen continuously
until all parcels have been privately surveyed/re-surveyed, according to necessity, after an
extended period of time. Surveys/re-surveys refer to subdivisions or combinations of
parcels.

The International Federation of Surveyors (FIG) and the World Bank (2014), described a
process for creating a spatial framework under the “fit-for-purpose” approach, which has been
successfully utilized in some African and Asian countries to properly conduct nationwide mapping
of land interests. This included the tenure aspect as well. In summary, aerial imagery or satellite
imagery is acquired at scales that relate to the physical characteristics of the area and the purpose
of the exercise. This imagery was also utilized for other land management purposes, for example,
land cover studies, inspections, monitoring of land developments, and forest degradation mapping.
The images were printed on paper, each representing a block.

The field teams went to these areas to identify, delineate, and adjudicate parcel boundaries
based on the General Boundaries concept. These boundaries were drawn on the paper maps, and
the parcel units were given unique identifiers to reference it to respective land owners and
documentation. Land professionals, mainly Land Surveyors, oversaw the entire exercise and gave
valuable advice during the field work. The interested parties were present during the adjudication
FIT-FOR-PURPOSE SYSTEMS OF LAND ADMINISTRATION 14

of their lands and provided necessary documentation, where applicable. This is what is meant by
a “participatory approach”. Any boundary disputes were either resolved during the adjudication
process, or were sent to special administrative bodies that were specifically created for this
purpose. Once the data collection was finished for an area, the maps were taken to the Lands and
Surveys Department of the country (most of the examples previously stated), where the boundaries
were digitized either from the imagery directly or from the georeferenced scans of the maps. The
resulting completed parcels layer was integrated into the land information system for use in land
management practices, or combined with the aerial imagery for other G.I.S. related activities and
analyses. The field maps were stored as archives just in case any boundary disputes originated in
the future.

Looking at the Belize, since the majority of the surveys are up to standards, it is possible
to suggest that the parcel layer can be created in office prior to any field activity. The satellite
images can be used to test the accuracy of the location of the surveys, and to visualize and verify
the reliability of the layer. This resulting layer can be overlain on high resolution satellite imagery
and printed on large maps. The L.I.C. started this efforts by converting some of the AutoCAD-
based data into polygon features in ArcGIS. These parcels have been given unique identifiers
(IDs), based on their survey numbers. A systematic approach was created to create these IDs to
suit this. For example, a parcel (lot) that was intended for an open space has its survey number as
the prefix, then an abbreviation for “open space”, and lastly an assigned lot number (ex. E15705-
OP1). For other parcels, the survey number is the prefix and the assigned lot number, as shown on
the plan, makes up the ID (ex. 15705-21). The ID-tagging system, as it was called, was intended
to follow a particular trend already being used in the Lands and Surveys Department, mainly to
avoid confusing the land tenure researchers. Furthermore, the layer is just being kept as a feature
class in a geodatabase. It would be better to update the data in the form of a parcel fabric after the
original tedious process.
FIT-FOR-PURPOSE SYSTEMS OF LAND ADMINISTRATION 15

Image 3: Example of parcels created from the AutoCAD-based compilation of surveys. These
parcels have already been “ID-tagged”.

Some lands will definitely need to be completely re-surveyed, but the conventional total
station surveys will prove too expensive and time consuming to undertake. Therefore, the use of a
Real-Time Kinematic (RTK) GNSS device is suggested. Belize does not have a Virtual Reference
Station (VRS) Network, a network which transmits correction information to precise dual-
frequency carrier phase devices to achieve centimetre level accuracy, or better. This kind of
infrastructure would be a major investment on its own, but would significantly impact the
surveying profession in the country. With these kinds of technology, a high level of accuracy
would be attainable with major time efficiencies. A large re-survey would be possible at a much
faster pace than conventional surveys, or other types of GNSS technology, would. Keep in mind
that these re-surveys should only take place when the surveys are very old, or when there is too
much overlapping in the area making it difficult to sort out. As an additional check to other areas,
FIT-FOR-PURPOSE SYSTEMS OF LAND ADMINISTRATION 16

some points can be observed and compared to those on the existing database. Major improvements
in the cadastral system would be accomplished.

Belize’s official horizontal projection is the Transverse Mercator Zone 16Q North of the
North American Datum of 1927 (NAD27). The reality is that current GNSS technology does not
work with these kinds of localized datums. As a more advanced improvement to the spatial
framework, a much more current reference frame could be adopted. The one that makes more sense
to adopt is a present-day epoch of the World Geodetic System of 1984 (WGS84) or an adapted
version of it. Belize has to be able to move from some of the old-fashioned systems of surveying
and upgrade to much modern techniques. A new, modern datum would provide the foundation to
the VRS Network infrastructure that would enable an RTK approach to surveying. It is an
investment that will push the surveying industry in the Belize, and other national geospatial
ventures like the National Spatial Data Infrastructure (NSDI), to greater heights.

On another note, in much advanced stages of the project, there must be coordination
between a field survey team and a land tenure research/land rights adjudication team. Both will
play important roles in the creation of a complete database. It is best if an area is chosen for a pilot
project to test the process, measure the efficiency, and improve on what is going to be adopted at
the national level. In reference to the research itself, it is best if professionals from the National
Estate Section, the Valuation Section, the Titles Unit, and the Land Registry determine the best
approach in collecting information that goes in line with existing legislation, and that there are no
mishaps during the process of adjudication of rights. If the department chooses to not reach this
far with the project, then these professionals are the best ones to give advice on the approach to
take when doing the land tenure research.

The truth of the matter is that a field component is unavoidable. Whether it is to conduct a
ground-truthing exercise on the existence and character of land parcels, or if it is a combined
approach between ground-truthing and adjudication, it will still be a necessary step. If the
resources are to be used up, might as well make it a well-rounded and systematic process. Clear
aims and objectives need to be draught out to create a method that produces actual working results.
The community will have to be involved to facilitate both the identification of land and
research/adjudication exercises. There must be no doubt that the process is transparent. In terms
of land disputes, these can be mapped showing overlapping and can be taken to a Land Dispute
FIT-FOR-PURPOSE SYSTEMS OF LAND ADMINISTRATION 17

Committee, or a body of the sort, to have discussions with the concerned parties and come up with
an amicable solution. It is understood that something like this is very complicated, but it needs to
be handled at some point in time.

Legal Framework

For most of the less developed countries, their legal frameworks still resemble those of the
colonial times. Although some countries have created new legislation, and furthered amended
them, there is still a lot of room for improvement. Most of the systems are complex, highly time-
inefficient, and call for high accuracy. Therefore, in order to implement a “fit-for-purpose”
approach to land administration, some of the laws have to be lined up to allow for adoption of the
aforementioned processes, and give the flexibility needed for them to work. In addition, the land
tenures supported should include not only the legal (formal) ones, but also the social ones. The
FIG and World Bank argue that the land administration systems in developed countries do not
serve the millions of people whose land tenure statuses are social. These systems are mostly catered
to serve the elite.

The concept of the Continuum of Land Rights can be introduced here. This concept refers
to the different types of land tenures, both legal and social in nature, and their different sets of
rights and degrees of security. Additionally, there are different levels of responsibility and degrees
of enforcement depending on the type of tenure.

Image 4: Diagram showing the Continuum of Land Rights as described by the FIG and the World
Bank (2014).
FIT-FOR-PURPOSE SYSTEMS OF LAND ADMINISTRATION 18

Belize has a number of acts that govern the functions of the Lands and Surveys Department.
These are the Bills of Sale, General Registry Act, Land Acquisition (Public Purpose) Act, the Land
Acquisition (Promoters) Act, the Land Adjudication Act, the Land Surveyors Act, the Land Tax
Act, the Land Utilization Act, the Registered Lands Act, the National Lands Act, the Private Works
Construction Act, the Administration of Estates Act, the Law of Property Act, and the Strata Titles
Registration Act. Each one is concerned in regulating specific functions within the department.

In order to integrate the “fit-for-purpose” approach, these laws would have to be fully
reviewed and amended. These amendments, however, have to be made carefully to not create loop
holes and allow unwanted problems. The system will have to be created, with its aims clearly
outlined. When these acts are reviewed, specific sections will have to be targeted with specific
items to be added. Unquestionably, these amendments will have to target the legal particulars.
Other departmental procedures, under the project, can be implemented under policy since there is
much greater flexibility in the formation and execution of policy within the department.

Institutional Framework

The Institutional Framework refers to the establishment of efficient and accountable


government workflows that make a system operational. This may be one of the most expensive
undertakings of the entire process. Capacity development of the staff is important, for these are
the people who will be working the daily routines, enforce existing legislation, and build on the
spatial framework. Re-training and strengthening of existing capacities within the organization are
also included under this process. Better decision making can be executed by professionals
whenever they meet issues on a daily basis. Most of the technical work may not require higher-up
decisions to be made and passed down through the bureaucracy. This will increase the overall
productivity and efficiency in the organization.

For the Belizean case, geospatial technical training is required for individuals involved in
the mapping process. This has to include advanced training in GIS software, basic land surveying,
basic photogrammetry, and GNSS – this is aimed towards technicians who may not have strong
backgrounds in the field. For the land tenure researchers/adjudication team, they have to be given
deeper training on the interpretation of the Acts and how to perform certain searches based on
certain situations. For the management level, mainly the heads of sections, re-training may be
FIT-FOR-PURPOSE SYSTEMS OF LAND ADMINISTRATION 19

required to bring them up to the newest standards and technology. After all, they will oversee most
of the processes.

Looking at the more advanced technical work like establishing a new horizontal datum for
the country, there may be the need to obtain consultants that are experienced in the area. New
survey equipment, mainly GNSS equipment, would have to be obtained to make new observations
and densify the survey network. If the department takes it up to this level, vehicles need to be
solely assigned to the project. To setup a VRS Network, a company would have to be contracted,
for sure, to setup the entire infrastructure and train the local staff to operate it. These last few ideas,
to reiterate, are just suggestions because these will require much more funding and capacitation
than just the ordinary “fit-for-purpose” approach. Nevertheless, this supports the point that a
system can be created in line for improvement and upgrading overtime and not as a one-time event.

Recommendations

There are a lot of aspects involved in the entire creation of this specified kind of land
administration system. The following recommendations are made:

1. The department has to make an inventory of all the data that exists within the Mapping and
Surveys Section. This database has to contain relevant information on the surveys, plans
and other maps available. Additionally, the database should also contain the kinds of
relationships they have with one another. For example, if Entry Number 9000 subdivides
the portion of a block within Plan Number 1000, then this should be stated for both surveys
under a “Relationships” or “Remarks” field. An accuracy field in the database would also
be great.
2. Keep building and updating the compilation of surveys, but as a feature class and not
AutoCAD alone. This should be done mainly for the areas that have been fully reviewed
and updated. It would be even better if the data is imported into a parcel fabric. One of the
main points given throughout this document is the fact that the system must be upgradable
and updatable to certain standards. These standards will facilitate a seamless transition for
data to go from the “Undeclared” status to “Declared”.
3. There have to be stronger ties between the L.I.C. and the Mapping and Surveys Section. In
the cases where ground checks need to be made, the L.I.C. should pass these on the
FIT-FOR-PURPOSE SYSTEMS OF LAND ADMINISTRATION 20

Mapping and Surveys Section to be carried out systematically. Data sharing is a necessity,
not an option.
4. Do the spatial aspect of the work within the office first. To maximize the use of resources,
gathering information on ownership can be done simultaneously during field verification,
if possible. Keep in mind that highly technical surveys should be kept at a minimal.
5. Start off with a pilot project. Do not start with all the undeclared areas all at once. Follow
a zoning system so that resources can be propagated to these places systematically.
6. Weigh whether if it is more feasible to outsource the research to consultants and act as a
facilitator in the process, rather than doing the research internally. Daily departmental
operations cannot be halted to accommodate for this process alone.
7. Capacitate technical staff on survey methods and GIS. The more the staff knows, the better
the kind of technical decisions will be, and higher efficiency can be achieved.
8. Line up daily activities and goals, of the respective sections, to certain functions under this
venture. When activities are integrated and become organic, it can be expected to see results
on a timely basis as opposed to put staff under heavy pressure.
9. Organize, establish, and test a working system. Once it is functioning acceptably, put it
into policy. It is best when systems that are showing results remain for the long term.
Continuity is very important for the success of this venture.
10. The entire venture has to be comprehensive. The creation of the cadastre aspect cannot be
entirely separated from the research efforts. A good communication system needs to be
established between sections for this undertaking.
11. Certain procedures may not work for everything. There might be encounters with situations
that are different from the norm. Put everything into writing so that if encountered again,
this situation can be handled the same way as it was the first time. People tend to overlook
these kind of things, but on the long run, historic data tends to be useful when making
decisions.

Conclusion

In creating a “fit-for-purpose” land administration system, there are several components


that require careful planning and consideration. Even though this system is supposed to be a
relatively cheaper alternative to the advanced options, there still is quite an amount in investment
FIT-FOR-PURPOSE SYSTEMS OF LAND ADMINISTRATION 21

that needs to take place in order for this kind of work to occur. Belize has the advantage of having
a large number of fairly recent surveys that keep up to an accuracy standard. These can feed a
database, which can be built for improvement and future integration into the current Landfolio
system. To a large extent, there is the technical know-how within the department that can be used
to initiate innovation and make improvements; there just has to be the willingness to do so. In
conclusion, there is potential for a “fit-for-purpose” approach to can be taken in Belize to bring
the land administration system to newer heights.

References

1. International Federation of Surveyors (FIG), World Bank (2014). Fit-for-purpose land


administration. FIG Guide, 60. Retrieved from:
https://www.fig.net/resources/publications/figpub/pub60/Figpub60.pdf
2. Land Information Center (2015). Compilation of reports (national land inventory project).
Belmopan, Belize. Office Archive Reports.
3. Ministry of Natural Resources and Immigration (2018). Lands and surveys. Retrieved
from: http://mnra.gov.bz/natural-resources/lands-surveys/
4. Trimble Inc. (2017). Land management. Retrieved from:
https://landadmin.trimble.com/solutions/land-management/

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