THE ASPECTS of IMPLEMENTING a LEGAL LAND CADASTRE in the REPUBLIC of ARMENIA August 1994 January 1995 Prepared for the U.S
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THE ASPECTS OF IMPLEMENTING A LEGAL LAND CADASTRE IN THE REPUBLIC OF ARMENIA August 1994 January 1995 Prepared for the U.S. Agency for International Development Bureau of Private Enterprise Office of Housing and Urban Programs By Walter G. Robillard INTERNATIONAL CITY/COUNTY MANAGEMENT ASSOCIATION USAID Contract No. CCS-0008-C-00-2056-00 Project No. 110-0008 Task Order No. 58 Shelter Sector Reform Project for the Newly Independent States of the Former Sovie. Union INDEX THE ASPECTS OF IMPLEMENTING A LEGAL LAND CADASTRE IN THE REPUBLIC OF ARMENIA Page ABSTRACT i EXECUTIVE SUMMARY ii 1. ESTABLISHMENT OF A LEGAL CADASTRE 1 II. DISCUSSION OF THE ELEMENTS 1 A. THE NEED FOR AN ADEQUATE DESCRIPTION OF THE PROPERTY OF A PARCEL OF LAND 1 B. ADEQUATE SURVEYS OF MONUMENTATION: A REQUIREMENT FOR GOOD DECRIPONS 2 C. A SINGLE LEGAL DOCUMENT SHOULD BE USED FOR ALL THRhE CADASTRES 3 D. ALL INDIVIDUALS UNDERSTAND THE CADASTRE 3 E. A CADASTRAL PROGRAM MUST HAVE A SINGLE DIRECTION, ADEQUATE FINANCING, AND QUALIFIED SURVEY AND O. FICE PERSONNEL 4 III. INTRODUCTION AND BACKGROUND 5 IV. PRELUDE TO THE REPORT 7 A. HISTORY 7 B. PRESENT STATUS 9 V. SCOPE OF WORK 10 VI. IMPLEMENTATION OF THE CADASTRE 11 A. THE THREE CADASTRES 11 VII. RECOMMENDATIONS OF TASK COMPLETION 12 A. DISCUSSION OF TASKS 12 B. TASK 1 - LONG TERM RECOMMENDATIONS 14 C. TASK 2 - DISCUSSION 19 D. TASK 2 - LONG TERM RECOMMENDATIONS 21 E. TASK 3 - DISCUSSION 22 F. TASK 3 - LONG TERM RECOMMENDATIONS 25 G. TASK 4 - DISCUSSION 28 H. TASK 4 - LONG TERM RECOMMENDATIONS 29 I. TASK 5 - DISCUSSION 32 J. TASK 5 - LONG TERM RECOMMENDATIONS 35 VIII. SUPPLEMENTAL COMMENTS AND RECOMMENDATIONS 38 A. SUCCESS 38 B. COMMENTS 38 C. RECOMMENDATIONS 39 IX. EPILOGUE 42 X. SPECIAL APPRECIATION 43 LIST OF ANNEXES 44 ABSTRACT This report is a continuation and a supplement to previous reports by Richard Almy and Lynn Holstein that were directed to tht ";reationof a fiscal and a legal cadastre in the Republic of Armenia. It proposes recommendations relative to physically implementing a legal cadastre. Certain areas are addressed including the need for adequate base maps at all levels of the cadastre, a proposed method of indexing all parcels, and suggested methods for improving surveys and the monumentation of the land parcels surveyed. The author recognizes there are very capable agencies and individuals within the Republic of Armenia who have given serious though and consideration to a cadastral system, yet throughout the report the author realizes the frustration of inadequate financing and a multiplicity of responsibilities for the cadastre. This report also recognizes a United Nations-Food and Agricultural Organization study of the cadastral system in Armenia. The report is sound, but unfortunately does not recognize that at this time the Republic of Armenia is unable to undertake any serious financial commitments towards a complete cadastre. Considering these realities the author makes his recommendations, realizing that the immediate recommendations will not achieve a perfect system at this time, but their implementation hopefully will help the Republic of Armenia to initiate a total cadastral system that can be modified at a later date when adequate funding becomes available. EXECUTIVE SUMMARY This report is a summary and findings of a short-term technical assistance mission to the Republic of Armenia by Walter G. Robillard in July/August 1994. The purpose of this mission was to assist the Republic in implementing a Legal Cadastre. For a period of approximately three years the Republic has been in the process of distributing former Government lands to private individuals through a process they call "privatization." This mission worked in cooperation with Richard Alny, who was studying the Fiscal Cadastre, during 1993 and 1994 and supplemented work by Lynn Holstein who was advising and studying the total cadastre in 1993. ii I. ESTABLISHMENT OF A LEGAL CADASTRE This report attempts strictly to address the legal cadastre. It nay, however, seem in conflict with prior reports in considering the fiscal cadastre, the legal cadastre, and the multi-purpose cadastre as one unified cadastre composed of three separate ulements, each with certain common elements, yet each being used for separate and distinct purposes. Some main common elements that must be included in all of the three cadastres and which are addressed in this report are: a. an adequate description of the property or parcel of land. b. a sound legal description of land, other than apartments or condominiums, is dependent on an adequate survey performed on the ground and adequate monumentation. c. a single legal document should be used for all three cadastres and for future conveyancing purposes. d. all individuals understand the purpose and requirements of a cadastre. e. a cadastral program must have single direction, adequate financing, and qualified survey and office personnel. f. a modem cadastral system to be effective and responsive to present and future needs must employ modern technology. II. DISCUSSION OF THE ELEMENTS A. THE NEED FOR AN ADEQUATE DESCRIPTION OF THE PROPERTY OF PARCEL OF LAND 1. Multiple Descriptions Found. The consultant found all 38 Districts, Arnigeoprizem, and the City of Yerevan were each using independent systems for describing privatized parcels. In one instance it was found the same parcel number was used several times in the same district. A single identification system should be instituted for all land parcels, and each distinct unit of a building which may be separately owned should have its own reference aumber unique to that one parcel or unit. All prior consultants to Armenia and to other countries agree with the aforementioned. but there is some disagreement as to the number of parcels that can be conveyed in a single 1 document or Certificate of Title. Legally, there is no need to provide for a separate document to convey a single parcel. If the description of the parcel is adequate and unique, legally multiple parcels, including land, dwellings, and apartments can be conveyed in the same document. At a later time the system should provide that separate conveyances may be made. The City of Yerevan has excellent records and to convert these records, modem legal documents should be standardized and computerized for efficient and effective use for both fiscal and legal cadastral purposes. A legal cadastral system and its descriptions should reflect the condition of the parcel at the time the Certificate of Title is granted or transferred. Descriptions must provide for the selling of property rights and the descriptions of these rights: easements, minerals, water, etc. The ultimate plan should be to show these unique parcels on cadastral maps that will be maintained where the Certificates of Title are prepared. An unambiguous description is best provided for by a combination of field surveys, which are then identified on general maps of the area and specific maps of each parcel, and aerial photographs. There is no compiete index of what maps, scales and dates are available in the Republic. Little information was available as to the availability of aerial photographs. Whenever maps of cadastral accomplishments were shown, the maps were on "metal mounted" bases. It was fully explained that if multiple copies of these were available, but it was assumed the copy presented was the master and only copy available. No base maps were found in the villages. All maps were maintained at the Government Offices in Yerevan. These metal mounted boards must be reproduced so copies can be made available to the field offices. Technology is available in the country to accomplish this work, but there is a scarcity of photographic materials, reproducible mylar (plastic ba'e film), and electricity to perform basic photographic operations. There isan urgent need to update existing maps and to make copies available to the districts, villages, and other agencies and offices which maintain cadastral records. It is recommended that one of the first tasks that should be accomplished is a single identification be used for each separate parcel or unit. This was discussed and will be implemented. 2 B. ADEQUATE SURVEYS AND MONUMENTATION: A REQUIREMENT FOR GOOD DESCRIPTIONS An examination of field practices of survey crews found outdated and basic methods completing of field surveys. The Final Certificates of Title are being withheld until field surveys can be completed in the villages. This is being done so the exact area and dimensions can placed be on the State Act. There is now a five year backlog in rural areas and in some villages. No monumentation of comers was done, and no bearings were depicted on the maps. All parcels were described by artificial features, fences, neighbors, roads, ',ut monumentation of all comers was lacking. These surveyors are creating the original boundaries of the parcels and as such boundaries these will forever remain the legal boundaries. As such, all corners and lines should be adequately marked. These recommendations are made with the full realization there is barely enough to survey funding the lands, let alone place expensive monuments at all corners or at least at comers. major It is recommended the survey agencies consider the necessity of placing monuments and attempt to make funds available to place these monuments in the ground at the time of survey. Equipment of the survey crews should upgraded. Although modern total stations cannot be financed, the present plane tables should be replaced, and adequate small supplemental drafting equipment, survey tapes and other support equipment should be made available. C. A SINGLE LEGAL DOCUMENT SHOULD BE USED FOR ALL THREE CADASTRES A unique situation was found where two separate agencies and the City of Yerevan were using separate documents to convey parcels and apartments.