Land Record Research Articles

ERRORS IN THE LAND RECORD OF RIGHTS (KHAIAN) AND THE REMEDIAL PROCEDURE IN BANGLADESH: AN ANALYSIS OF EXISTING REGULATORY FRAMEWORK AND FUTURE REFORMS

Land record of rights (known as khatian in Bangla) is an indispensable and integral part of land administration which contains and recognizes the chain of title. It is prepared through surveying and mapping of land plots and updating ownership. It shows all the detailed interests and contains the entire information of the previous and present land owners. However, inappropriate record of rights for example mistakes in land records increases difficulties in every aspect of land tenure. In these circumstances, it is essential to be familiar with record of rights mechanism while making land records so that no mistake takes place. This paper aims to study the existing categories of land record of rights, types of usual mistakes in the record, reasons for such mistakes, methods of correction of mistakes, and liability for such mistakes in the land record of rights. In addition, this paper intends to assess the categories of core causes of challenges in land survey and records, and provides recommendations to overcome those challenges. This article is based on the primary and secondary sources and descriptive in nature. Secondary data has been collected from text books, journal articles, judicial precedents, websites, reports and so on. In completing this study, qualitative approach has been adopted to make an analytical reasoning in identifying the relevant laws as regards Record-of-rights in Bangladesh. Practical experience as a legal officer and associates of Law Chambers has been reflected in this article.

Pre-Launch Polarization Assessment of JPSS-3 and -4 VIIRS VNIR Bands and Comparison with Previous Builds

The Visible Infrared Imaging Radiometer Suite (VIIRS) instrument, deployed on multiple satellites including the Suomi National Polar-orbiting Partnership (S-NPP), National Oceanic and Atmospheric Administration 20 (NOAA-20), NOAA-21, Joint Polar Satellite System (JPSS-3), and JPSS-4 spacecraft, with launches in 2011, 2017, 2022, 2032, and 2027, respectively, has polarization sensitivity that affects the at-aperture radiometric Sensor Data Record (SDR) calibration in the Visible Near InfraRed (VNIR) spectral region. These SDRs are key inputs into the VIIRS atmospheric, land, and water Environmental Data Records (EDRs) that are integral to weather and climate applications. If the polarization sensitivity of the VIIRS instrument is left uncorrected, EDR quality will degrade, causing diminished quality of weather and climate data. Pre-launch characterization of the instrument’s polarization sensitivity was performed to mitigate this on-orbit calibration effect and improve the quality of the EDRs. Specialized ground test equipment, built specifically for the VIIRS instrument, enabled high-fidelity characterization of the instrument’s polarization performance. This paper will discuss the polarization sensitivity characterization test approach, methodology, and results for the JPSS-3 and -4 builds. This includes a description of the ground test equipment, instrument requirements, and how the testing was executed and analyzed. A comparison of the polarization sensitivity results of the on-orbit S-NPP, NOAA-20, and -21 instruments with the JPSS-3 and -4 VIIRS instruments will be discussed as well.

Riau Province’s land and forest governance: The tendency of budget information transparency among Riau’s 12 regencies

Information transparency is a basic principle of good governance that few studies in the literature have thoroughly examined. Riau Province in particular has a high record of land and forest conflicts that needs urgent response, yet environmental policies have mostly been scrutinized for its resource extraction and regulation aspects, not their aspect of information transparency. Low proactive disclosure of information from local governments is a recurring issue in Riau Province, so FITRA Riau initiated the Public Information Openness Index (IKIP) to cover the Riau Province and 12 regencies/cities. To address this research gap of governmental public bodies’ information transparency, this study conducted the novel substantive approach critical review to see the extent of local government’s transparency regarding their budgeting for one of Riau’s most prevalent issues, namely land and forest governance (TKHL). From March to September 2019, this study used a triangulation of data collected from information access tests, IKIP evaluation, and focus group discussion involving the Riau Information Commission, the Information Management and Documentation Officers (PPID) of the 12 regencies, and the Governor of Riau Province. After analyzing the four aspects of regulation, institution, budget, and TKHL information, results determined that the most open region in Riau Province is Indragiri Hulu, and the least open region is Kuantan Singingi. Information transparency is still limited in procedural terms, in which all regions have more or less fulfilled the administrative regulation demands but the substance of the public information across all aspects is too generic to truly inform the public of the regions’ TKHL.

Modernizing and Revolutionizing Land Record Management with Blockchain

In the modern era, access to land records has become essential, enabling individuals to verify land ownership for both personal and business purposes. In India, managing land records has proven to be a formidable challenge given the country's vast population. The current system has suffered from incomplete registries, which, in turn, has facilitated fraudulent activities. Moreover, the existing government system is plagued by inconsistencies and involves numerous intermediaries with access to the records, raising concerns about unauthorized alterations. With the increasing acceptance of blockchain technology, the government is actively exploring its implementation to address these issues. In a world moving towards Web 3.0, integrating land records into a blockchain offers significant advantages, primarily through enhanced transparency. This approach ensures that citizens have unhindered access to land records, complete with visual representations on maps, promoting greater inclusivity and accountability

Impact of early access to land record information through digitization: Evidence from Alternate Dispute Resolution Data in Punjab, Pakistan

We leverage novel data extracted from weekly updated registers of Alternate Dispute Resolution (ADR) centres to examine the impact of early access to land record information through digitization on dispute resolution outcomes in the Punjab province of Pakistan. Employing a quasi-experimental design, we estimate the causal effect of early access to Punjab Land Record Management Information System (PLRMIS) on the registration and resolution process of land-related disputes. Our results reveal that ADR centres in districts with early treatment experience an average increase of approximately 50 cases compared to those in districts with late treatment. By utilizing generalized multi-level mixed effect and two-stage least square models, we find that early implementation of PLRMIS significantly increases successful mediation outcomes by 126 cases in the treatment region with no effect on mediation failure cases. These findings provide compelling evidence for the pivotal role of PLRMIS in facilitating effective alternate dispute resolution, indicating increased public utilization of the system. Our results underscore the effectiveness of digitization and e-governance systems in improving land administration, reducing information asymmetry, and expediting the dispute resolution process.

USAGE OF BLOCKCHAIN IN INDIAN LAND REGISTRATION AND LAND RECORDING SYSTEM - A REVOLUTIONARY STEP

In present-day land recording and land registration systems of India can be professed as mistrustful, inefficient and outdated despite that India has completed 94.53% digitization of its land records. Due to loose coupling among different land related government departments and centralized data storage system, various types of forgery and lots of legal disputes are still there in the present system. For this reason real landowners are still suffering from numerous land related litigations and which creates confusion about the existing system's reliability and effectiveness. This causes judicial huge waste of time. The government needs to protect dwellers rights of records rendering a smart transparent web-application enabled e-Governance, supported by a competent substratum technology. Adoption of the Blockchain, the underlying technology of cryptocurrency, could be a most exclusive and assured way out to solve these issues related to land recording and land registration systems. Established systems could achieve a peer-to-peer, collaborative, trustworthy, secure, transparent, reliable, scalable and real-time based system. Blockchain technology assures users of inviolability and has no way to anticipate breach of contracts. The objective of the present study is to focus on how significant impacts we can observe through the implementation of a Blockchain based land registration and land recording system.

Assessing the Use of Land as Collateral for Accessing Credit from Institutional Sources in Rural India

Data on access to credit in rural India are mostly available from periodic largescale surveys and some primary research in different parts of India. The growth of institutional sources of credit was quite dramatic during the first four decades after Independence. There appears to have been a regression since then. There is some evidence to show that land as collateral is a frequent requirement for institutional lenders. There is also some scattered evidence that land is more likely to be used as collateral by larger landholders and a clear title favours extension of loans. However, there are very little data on the extent to which these hypotheses hold well across states. Textual records (copies of Record of Rights) gathered for the construction of the NCAER Land Records and Services Index 2020 offered an opportunity to understand the situation in different states with respect to the issues mentioned above. This article assesses the data gathered for six Indian states/Union Territories (UTs): Chhattisgarh, Gujarat, Himachal Pradesh, Madhya Pradesh, Uttar Pradesh and Uttarakhand. The article highlights the extent to which various hypotheses prevalent in the literature are borne out by the evidence obtained through the sample data gathered for the states/UTs that are the subject of this article. While adding to the knowledge on the subject, it will help enhance an understanding of both the subject and policy making in the area of rural credit.

A literature review of land title with the aim of maximising the benefits of Blockchain technology in the management of Land Title in Nigeria

Blockchain is a trending technology that has paved way to solving various challenges in different sectors. It has received much interest from researchers over the years, as it is known to be a transparent, secured, no third party and tamper-proof public records repository system for documents, contracts, properties and assets. Land title has been a major challenge in Nigeria due to the fact that existing system, digital archives, used to manage the sector is not effective, thus brought about issues such as, double spending, possibility of tampering, third party interference and non-transparency of operations. Hence the need for blockchain technology. Blockchain has characteristics, such as decentralization, security, immutability, smart contract, it is therefore expected to improve land title management. This paper applies a content-analysis based literature review blockchain technology and existing method of land title in Nigeria. This paper propose five benefits. Blockchain can help to improve proper land record keeping, information transparency, accountability, anonymity and avoidance of double spending.

Pre-Launch Polarization Assessment of JPSS-2 VIIRS VNIR Bands

The Visible Infrared Imaging Radiometer Suite (VIIRS) instruments on-board the Suomi National Polar-orbiting Partnership (S-NPP), National Oceanic and Atmospheric Administration 20 (NOAA-20) and Joint Polar Satellite System (JPSS-2) spacecraft, with launch dates of October 2011, November 2017 and late 2022, respectively, have polarization sensitivity that affects the at-aperture radiometric Sensor Data Record (SDR) calibration in the Visible Near InfraRed (VNIR) spectral region. These SDRs are used as inputs into the VIIRS atmospheric, land, and water Environmental Data Records (EDRs) that are integral to climate and weather applications. Pre-launch characterization of the VIIRS polarization sensitivity was performed that provides an SDR radiance correction factor to enable high fidelity EDR products for the user community. The pre-launch polarization sensitivity used an external source that consisted of a 100 cm diameter Spherical Integrating Source (SIS) in combination with several sheet polarizers. These sheet polarizers were illuminated by the SIS and viewed by the VIIRS instrument. The sheet was then rotated to measure the variation in the VIIRS response relative to the at-aperture polarization orientation. There are sensor requirements that define the maximum allowed polarization amplitude to be below 2.5–3.0% depending on the band and have an uncertainty in both amplitude and phase of less than 0.5%. The pre-launch data analysis evaluated the VIIRS response through the rotating sheet polarizer to quantify each VNIR bands polarization amplitude, phase, and uncertainty. These parameters were compared with the sensor requirements and used to create on-orbit Look-Up Tables (LUTs) for EDR ground processing. The results of the analysis showed that all bands met the uncertainty requirement of 0.5%, but band M1 failed the 3% polarization amplitude requirement. A root-cause analysis identified the optical element responsible for the non-compliance and has been modified for JPSS-3 and -4 builds. The large polarization amplitudes observed in the NOAA-20 VIIRS build, for bands M1-M4, are greatly reduced for JPSS-2 VIIRS. This improved polarization performance was due to modifications to the band M1-M4 bandpass filters between these sensor builds.

Land Records Digitization and Service Delivery in the Ministry of Lands in Kenya

The Kenya Ministry of Lands has been plagued with rampant delays in accessing land records, registry services and numerous clerical errors that have affected service delivery. It is evident that service delivery problems within the department have been problem for most policymakers which resulted in the launch of the National Lands Management Information System geared towards improving service delivery. There have however been minimal research efforts to determine how the systems has affected the ministry hence this study sought to examine the effect of digitization of land records management system on service delivery. The records continuum theory and the technology acceptance model formed the basis of this study. A descriptive approach was employed, and the population targeted of staff at the Ministry of Lands main registry at Ardhi House. The study sampled 154 officials within the headquarters at the Ministry of Lands who are involved in the lands records management system. Primary data was sourced using structured questionnaires developed under the guidance of the study objectives. Google forms supplemented the physical data to enhance the response rate. A pretesting was caried out on 10% of the sample participants to determine the research instruments’ validity and reliability. Data analysis focused both descriptive and inferential analysis. Findings were presented using charts and tables. The findings of the correlation tests established there is a strong positive and significant relation between digitization of land records (r = .806**, sig = .000<.05) and the service delivery at the Ministry of Lands in Kenya. This implies that a unit change in these variables will result in a unit change in the service delivery. The implementation of land records management system provides a technique and method for land planning, management quantification and rationalization together with quick inquiry, analysis and innovation of land information, provides supplementary support for decision making and improves the traditional land management system through computer technologies and communications network. The study recommended that the Ministry should put up appropriate training programs to keep its employees updated with the current job requirements and training should be geared to all employees regardless of their gender and job category. The study recommended that during the implementation of the land records management system, security should be of the paramount consideration while developing software and processing data and the need of security policies has to be clearly told to all the employees working in the Ministry and they should be directed to adhere to these policies. The study also recommended that an Integrated Land Information Management System should be properly implemented. This will ensure that the Ministry delivers services to the expectations of the clients.

The Architecture of Territory: The Lands Building and State Expansion in New South Wales

ABSTRACT The New South Wales colonial project was a land-centred enterprise that became dependent on the surveying and sale of land. The process of land alienation was a significant factor in the configuration of the colonial territory as well as the development, distribution and typologies of architecture. This article considers a building that was central to this project: the Lands Building in Sydney that housed the Lands Department, the bureaucracy responsible for implementing the governmental instruments relating to Crown land. An analysis of the building suggests that systems of governance were deeply entwined in its form, planning and use. Of particular concern is the integration of symbols and technologies of surveying and land recording that are integrated into the design of the building and its subsequent adaptation. These include the configuration and expression of the façade, the organisation of the plan, a domed observatory and measuring instruments. At stake is the reframing of the architecture of the State as a technology of governance with territorial reach.

Driven to Abstraction: A Design Case

This design case documents the development of a new online training program to teach circuit court interns in Wise County, Virginia, how to createsmart land records, or land record abstracts stored on a blockchain. The authors f irst describe the instructional context behind land record abstraction and the clients’ original specifications for the curriculum. The authors then detail their empathic design approach, design decisions based on clients’ feedback, and reflections-in-action at key points in the course’s development. Major design decisions included the composition of a frame narrative to link the course modules, the reordering of the curriculum to mitigate the significant cognitive load in the training’s content, and the use of both vertical and horizontal development to maintain aesthetic consistency. This paper concludes with the rationale for the evaluation plan and the establishment of a “multigenerational” partnership between the clients and new graduate students in the Instructional Design & Technology program at Old Dominion University.

Potresna obnova i neizvjesno vlasništvo

The 2020 earthquakes that struck the City of Zagreb and the areas of Sisačko-moslavačka, Karlovačka, Zagrebačka and Krapinsko-zagorska counties have resulted in damages of approximately 17 billion euro that must be repaired as quickly as possible. The Reconstruction Act envisages various forms of reconstruction the execution of which is dependent on an accurate and complete state of title, irrespective of whether such reconstruction is financed by public or private funds. The current state of the land register presents itself as inadequate, essentially jeopardizing reconstruction, for numerous reasons. The incongruence between the land register and the land cadaster makes it impossible to accurately publish property rights over land because the land registration system is dependent on current cadastral data. Land registration renewal proceedings, in progress today, are belated by decades, making them so much more complex due to continuing urban development and legal transactions that were remained uninterrupted by a dated land record. The socialist era in property law has during its various stages led to quick unrecorded mass transfers in the form of socializing land and creating new property rights over socially owned land that were only partially recorded in the land register, both due to inactivity of the governent and due to proactive measures of preventing registrations under spatial planning, building, and tax regulation that all unnecessarily involved the land register in the system of monitoring the application of public law. In the transitional period characterized by the transformation of social ownership and restitution property law changes were also unrecorded, occurring by way of a myriad of complicated and segmented provisions, while processes that would have resulted in an “orderly“ state of land records, such as expunging social ownership and the unification of land records, determining co-ownership shares for condominiums, linking land registers and deed registers, and renewing land registers, were absent or slow-paced. Concurrently, unrecorded transfers and universal successions were present during this entire period, causing multiple transfers and making it more difficult to determine an unbroken legal chain in transferring ownership. The starting point of the amended Reconstruction Act—that public financing is the answer to existing clouded title—is incorrect because co-owner participation is necessary for deciding to proceed with reconstruction, for initiating requisite proceedings, and for participating in the reconstruction by concluding and satisfying construction or reconstruction contracts. Even though the Reconstruction Act facilitated decision-making in co-ownership by modifying the requisite majority, the fundamental question of who participates in the majority or minority has remained open, and insufficient thought has been given to the position of other property right holders. This problem also reflects itself on the procedural pane in terms of determining the eligibility of the filing party i.e., its procedural role as party to the proceedings. Even though a determination of ownership is available under the provisions on preliminary issues, in most cases it will not result with a solution due to the incongruence of the land register and the land cadaster, and particularly not in case of unrecorded transactions. Similar problems may arise in litigation and in special correction proceedings, especially in complex cases where unrecorded transfers coincide with universal successions. Land registration renewal, carried out sua sponte, presents itself as the only systemic solution that can bring about reasonably final results grounded in an equitable finding of the court. Even though this solution is not ideal, itself being prone to certain ambiguities and objections, it is currently the only available legal tool for resolving clouded title cases en masse. Alternative legal models grounded in deviations from the principle of public faith of registration have demonstrated a limited application and problems of borderline constitutionality, while models grounded in sequestration are insufficiently developed.

A Smart Contract Approach in Pakistan Using Blockchain for Land Management

Management of land records includes actions such as registration and transfer of property ownership. For many nations, land ownership and management are important sources of income. Corrupted spans from small-scale payments to large-scale cause an abuse for government. In the literature, a number of concerns have been raised about Land Record Management. There are several problems with Land Record Management in developing nations, such as tampering with land records and no methods of retrieving a full property ownership record, operating multiple linked Land Record Management Systems independently, etc. Traditional land record management solutions do not solve these challenges. We propose a Blockchain-based Land Record Management system for Pakistan to solve these concerns. It has been decided to use the suggested system, and the specifics of its implementation are described in this thesis.

Blockchain-Based Land Registration System: A Conceptual Framework.

Land registration authorities are frequently held accountable for the alleged mismanagement and manipulation of land records in various countries. Pakistan's property records are especially vulnerable to falsification and corruption because of the country's poverty. Different parties therefore claim varying degrees of authority over a specific piece of land. Given the fact that this data has been consolidated, it has become significantly more vulnerable to security threats. The goal of decentralized system research has been to increase the reliability of these systems. In order to fix the flaws of centralized systems, blockchain-based decentralized systems are currently in development. By using significant land record registration models as the basis for this research, we hope to create a proof-of-concept system or framework for future use. Pakistan's land registration agency will benefit from our proposed conceptual framework. For the Pakistani government to implement a decentralized land record registry system, we propose a conceptual framework that outlines the essential components.

Blockchain-Based Land Record System

In today’s world, having access to land records is a must and being able to see who owns the land property is important to allow crossverify ownership of the land in order for business purposes or for personal use. In India, maintaining the land record with the current population is a challenging task, and the current system was causing incomplete registries, leading to fraudulent activities. The current system being used by the government is inconsistent and has a lot of intermediaries who have access to the system and make changes to it. The use of Blockchain is increasing day by day, the government is trying to adopt technology, and web3.0 is the future we are heading; adding Land Records in Blockchain is very useful because it provides transparency for everyone. Allowing citizens to view the land record with a visual representation with maps will ensure everyone has access to these land records.

ЖИТЛОВЕ БУДІВНИЦТВО В СЕЛАХ НАДДНІПРЯНЩИНИ У ДРУГІЙ ПОЛОВИНІ ХХ СТОЛІТТЯ (НА МАТЕРІАЛАХ ПОЛЬОВИХ ДОСЛІДЖЕНЬ У с. ГАЛАГАНІВКА НА ЧЕРКАЩИНІ)

The proposed article considers the current state of housing construction in the Villages of the Dnieper Region. Modern rural architecture was created in the 1950s – 1960s, which is, firstly, a result of the process of modernization residential buildings in the course of growing industrial development of the USSR, and, secondly, if we talk about Halahanivka, resettlement of many families from flooded areas during the construction of Kremenchuk HPP. At the same time, during the building, traditional forms of housing remained, albeit with more modern materials. For example, traditional hipped roofs began to be covered with slate, in rare cases with tiles or iron. The review of this article is based on the example of data from Halahanivka, which belongs to Cherkasy district of Cherkasy region and is subordinated to the Chyhyryn City Council. The author considered the regularity of development of rural house building in the XX–XXI centuries, the characteristic of their appearance (including the basic building materials which are the most common among the local residents today), the comparison of the modern houses with houses of the XIX centuries. The issues considered in this paper are a relevant direction of ethnological science, it highlights the process of transformation from traditional rural house building to modern. Unfortunately, specialized researches of the development of rural house building in the second half of XX–XXI centuries to date, there are almost none, and some of the research presented on this topic do not cover all aspects of this area. So the main sources for our article were the Land Records, which are stored in the Halahanivskyi Starostynskyi District, and materials from the author’s own archives.

Farms, shares of land, chácaras and plots: a comparative study of the land lexicon in the Parish Land Records of the Parish of Caconde and the municipality of Campinas, in the province of São Paulo (1854-1857)

RESUMO Na historiografia sobre o Brasil Império, os registros paroquiais de terras têm ganhado destaque devido ao seu potencial como fonte primária para estudos dos processos de ocupação do território e de urbanização. Neste artigo, é apresentada uma análise comparativa dos registros paroquiais de terras da freguesia de Caconde e do município de Campinas, produzidos entre 1854 e 1857, como decorrência direta da Lei de Terras, de 18 de setembro de 1850, que foi regulamentada pelo Decreto nº1.318, de 30 de janeiro de 1854. Os procedimentos metodológicos incluem a transcrição, sistematização e comparação dos dados das duas séries documentais, além do cruzamento com outras fontes do mesmo período. O artigo destaca a importância desta série documental primária, revelando especificidades fundiárias dos dois territórios e relacionando o léxico presente nas declarações aos processos de urbanização de cada localidade.

Assessment of Land Record Management System in India- Mapping the Buyer Journey, Case of Gurugram

Assessment of Land Record Management System in India- Mapping the Buyer Journey, Case of Gurugram

Land Registration Systems & Discourses of Property

This article discusses the relations between land registration systems and underlying discourses of property from a comparative perspective. It is based on the example of French law which, characteristically, uses a declaratory land recordation system, i.e., registration is informative in nature, it affects the rules of evidence but it does not convey property nor does it affect complete strangers in any way. It is found that such a system implies that people will need to prove their ownership of land, and therefore presupposes rules of evidence which are based on possession or title to possess, since land registration is not used for that purpose. The historical reason for this choice was inherited from the French Revolution. It rests on the idea that property is held from no one, least of all from the State. Most countries in the world have opted for a land registration system which is constitutive of title, meaning that the State guarantees the registered owner’s title to land. This system was originally inherited from the remnants of the feudal system in which land was held through a tenure, i.e., from someone else. This conception of ownership also traditionally implies a greater tolerance – in legal discourse – for legislative or State interference in the ownership of land which is merely granted by public authority. It may therefore be said that the more efficient the title, the less absolute ownership seems to be, at least in the collective imagination of lawyers as to what property entails.