Static Model A LAS can be usefully modelled in a static and in a dynamic way. Figure 1 can be seen as a depiction of the static model of the system, showing which information is kept, with regard to which objects and with which identifiers. In its simplest form it connects person, right and parcel. It also represents the question which person holds which parcel with which right. Each of these three questions is related to one of the main objects, being person, right and parcel. Each of these has to be identified correctly and unambiguously. These objects are very closely interrelated, and only when they are interconnected we can talk about a LAS. The person represents an individual or a group of people who are the rightful claimant, and gives the answer to the question 'who'. The parcel represents a certain part of land that is seen as a property, and gives the answer to the questions 'where' and 'how much'. The right or title represents a certain legal relation (ownership, leasehold, other form of tenure, etceteras) and gives the answer to the question 'how'. The three entities are closely interrelated, and together can represent different varieties of 'humankind to land relationships'. However, the static model of the system falls short when trying to understand for instance the interaction between LASs and land markets, the reasons for unregistered transactions, and the trustworthiness of the whole.  Fig. Entities and questions (Zevenbergen 2002: 29) Dynamic model The dynamic model of the system can help here. Within the dynamic model three functions are distinguished, being adjudication, transfer and subdivision. It can be seen here that the system has to be treated as one integrated system, because each of the three functions is only useful when the other functions are fulfilled as well. There needs to be something present in order to be able to update, and if no updating takes place the initial compilation becomes quite useless for most goals very fast. Depending on the history and development of a country the emphasis might be more on first registration or on updating. It is not easy to tackle both at the same time in a trustworthy manner. In Figure 2 the LAS is depicted with the emphasis on the dynamic model. At the left-hand side we find a not or unsatisfactory registered land tenure situation, which is transformed into a registered situation through adjudication, which can be seen as a project that is executed once. In the middle is the registered situation (with person, right and parcel connected to each other, here represented by a 'mushroom'). This registered situation is part of two circular processes, being the transfer and subdivision. This has to be seen as updating, a continuous activity. Both types of updating concentrate on a different part of the 'mushroom'. Nevertheless it can be seen that the change in the identity of one of the three objects that make up the static model of the LAS, is only a useful activity as long as it remains connected to the other objects. This can be seen as another reason for looking at the system firstly as a whole, as the systems approach learns us.  Fig. 2 The three functions of the land administration system (Zevenbergen Adjudication When a LAS is being introduced for the first time in an area, the system will have to cope with 'first registration'. When no earlier registered information is available, a process of 'adjudication' has to be started. In certain cases of cadastral reform conversion from the 'old' to the 'new' system may be applied. In an adjudication process detailed information on all rights and liabilities in a parcel must be ascertained and determined conclusively. Often the existing rights that will be registered as a result of adjudication have not been totally defined. Their exact meaning might be vague, especially when it concerns unwritten law. Adjudication in the end is a process with a strong legal impact. Often the courts, or a special Land Tribunal, play important role in finalizing results of the process. It tends to be slow, expensive. When the claim is going to be disputed, one needs legal counsel, and de facto the underprivileged find themselves in great danger of losing their rights, even when their claim is legitimate. |