Land Registration Research Articles

International and national experience in the legal regulation of land and soil protection in urban agglomerations

The development of legal regulation of the rational use of land and soils in urban agglomerations as a whole is a priority in solving environmental problems in the context of creating comfortable living conditions for people in the city. In this regard, there is a need for a special analysis of legal measures for the protection of urban land and soils, the formulation of theoretical and practical foundations for the legal regulation of the relations under consideration based on an integrated approach to reduce and (or) prevent the negative impact of economic and other activities and, as a result, improve the living conditions of the urban population. Solving the problems of legal protection of land and soils of urban agglomerations should be considered as a necessary condition for their socio-economic development, since it is the most important direction of state policy as a whole.

Designing a secure title deed registration model for land transactions in Kenya based on blockchain

The purpose of this study was to design a secure title deed registration model for land transactions in Kenya based on Blockchain. Blockchain technology creates a publicly accessible distributed database that keeps track of all land transaction records, allowing confirmation of land ownership at any given point in time with the aim of creating a secure and transparent environment that guarantees the much-needed confidentiality and integrity of land transactions. Design Science research methodology was adopted by the research to provide an overall scope in the model design and development requirements, while the Proof of Concept (PoC) research methodology was used to design and develop the essential modules for the model. The research employed subjective sampling to select users to perform a criteria-based model evaluation approach against the evaluation metrics (persistence, time stamping, transparency and decentralisation) set out by the research. Results were presented in the form of a descriptive summary of the users' feedback. From the results, the study established that the model could effectively execute immutable, time-stamped, transparent and decentralised land registration and land transaction processes that can be used as authentic proof of land ownership. The study concluded that the proposed model enhances transparency and security, contributing to a more reliable system that fosters public confidence. The study recommends that future research may focus on the integration of Blockchain with land taxation systems as well as the adoption of cryptocurrency as a legal tender to facilitate the execution of smart contracts for properties in Kenya.

LEGAL CERTAINTY OF NOTARY AUTHORITY IN ISSUING A CERTIFICATE OF INHERITANCE RIGHTS BASED ON INDONESIAN POSITIVE LAW

The issuance of Article 111 of the ATR Regulation No. 16 of 2021 regarding the authority of a notary in issuing a Certificate of Inheritance has caused a polemic because it is considered contrary to the provisions of Law No. 2 of 2014 that raises questions regarding legal certainty in it because legal certainty in a land registration system is an absolute thing. The purpose of this study is to examine the vertical consistency regarding the intended rules. This research uses a conceptual approach and statutory approach. The type of data in this study is secondary data. This research proves that Article 111 Paragraph (1) letter c. number 5 ATR Regulation No. 16 of 2021 remains vertically consistent with Article 15 UUJN No. 2 of 2014 jo. with Article 18 of Law No. 30 of 2004. It also provides legal certainty for notaries, land offices, and all heirs.

The Positive and Negative Effects of Sustainability on Real Estate Transaction Prices

In last decades, there is a trend to renew buildings and make them more sustainable. Studies have shown that energy measures (as an aspect of sustainability) often increase the value of real estate. The effect of other sustainability measures on real estate values, however, is unknown. This study examines the relationship between multiple sustainability aspects and the transaction prices of different types of real estate. For this study, we used official data on commercial real estate transactions from the Land Registry Office in the Netherlands and sustainability assessment scores from a Dutch sustainability consultant. In total, 10,652 real estate transaction prices between 2012 and 2023 and corresponding sustainability scores were used to perform regressions and hedonic imputation analyses. The results show that, opposed to energy, other aspects of sustainability often correlate negatively with transaction prices in the lower segment of sustainable real estate. These aspects correlate positively in the upper segment of sustainable real estate.

Implementation of PTSL (Complete Systematic Land Registration) as Legal Certainty in Securing Land Rights by the Community in Bali

Implementation of PTSL (Complete Systematic Land Registration) as Legal Certainty in Securing Land Rights by the Community in Bali

Some aspects of zoning of agricultural land in Kyzylorda region of the Republic of Kazakhstan

Currently, the mechanism of territory zoning is one of the main criteria for preserving the productive potential of agricultural land. Reduction of fertile lands, increase in the number of degraded areas as a result of negative desertification processes, decrease in the efficiency of agricultural lands, their conversion into reserve lands, indicates the irrationality of the existing directions and technologies of territorial division of lands by purpose, underutilization of production possibilities. For example, in 1991 the size of land use was 218.3 million hectares, in 2022 land plots are used by 50% (115.9 million hectares). Purpose - to study theoretical and methodological approaches to the planning of agricultural land and rural settlements (RS), taking into account economically balanced development and transparent spatial distribution. Methods - analysis and synthesis, with the help of which the cause-and-effect relations of functional and natural-economic zoning were determined; statistical method allowed to analyze the factors of involvement of agricultural land by categories and information-statistical data on Kyzylorda region. Results - the problems of establishing functional zones for the purpose of regulating the agricultural land market were revealed, socially oriented indicators of land ranking on the basis of land registration materials were outlined, existing systems of land use management were shown. Conclusions - zoning of lands intended for agricultural production in the RS is carried out in order to determine the boundaries of assessment zones and correction factors to the basic rates of payment for land plots, and is also necessary as a tool for regularization of land resources of built-up areas. A necessary condition for ecologically acceptable agricultural nature management is compliance with a set of agrotechnical practices and measures.

Agricultural restructuring in a Devon Parish: A new chapter in an old story

The structure of the agricultural industry has undergone significant change over the last century, both in the UK and internationally, with post-war shifts towards larger and more owner-occupied farms being well recorded. The extent and detail of more recent agricultural restructuring in England deserves close attention because there are important shortcomings in the key source of official data (the Defra June survey), which obscure the realities of restructuring by inadequately representing unconventional tenure arrangements and overlooking very small farms. This has contributed to an under-recognition of what we consider to be a new phase of agricultural restructuring, beginning in the 1980s and continuing today, in which tenure arrangements have become increasingly complex and capital increasingly concentrated into the hands of fewer operators, many of which are not the family-run businesses that previously characterised the industry. Using a case study parish in Devon, England, we use a range of data sources in order to explore the details of restructuring between 1941 and 2016. Historical information from the National Farm Survey (1941–1943) was analysed alongside contemporary information from the Land Registry in order to spatially map and track changes in farm sizes and occupancy during this period, with the assistance of a Geographical Information System (ArcGIS). A key informant personally familiar with the farms (and their histories) supplemented this data, providing crucial information that was missing from official data sources. Our findings provide a detailed, hitherto unseen picture of agricultural restructuring at a local level, which demonstrates the importance of attending to the presence of complex tenure arrangements not always represented in official data.

‘Stable and Four-Square:’ A Colonial History of Property-Owning Democracy

ABSTRACT This paper explores the colonial history of the theory of ‘property-owning democracy.’ Focusing on R.R. Torrens’ title registration system, the paper links property-owning democracy to nineteenth-century debates on land rights and title registration. Instituted in South Australia in 1858, Torrens’ system linked the simplification of transactions in land to visions of a property-owning society. Seeking to replace complex land laws, Torrens’ system’s emphasis on speeding up land transactions appealed both to settler society and metropole. This transformation facilitated the dispossession of Indigenous lands and intertwined property law with colonial narratives of progress, liberty, and democracy. Ultimately, Torrens’ vision identified democracy with a new property regime securing the future of property title and political rights. Through a common engagement with nineteenth-century Britain’s ‘land question,’ Torrens’ project in South Australia is linked to the development of the twentieth-century political concept of property-owning democracy. The paper makes the case that exploring land registration debates reveals the importance of secure property rights and human capital in the history of ideas of property-owning democracy. Legal and bureaucratic innovations like the property register were considered to free individuals to invest in their own economic development and create the economic conditions for democracy.

KEPASTIAN HUKUM TERHADAP TANAH DRUWE PURA MELALUI PENDAFTARAN TANAH SISTEMATIS LENGKAP (PTSL)

The aim of this research is to find out more clearly and in depth about legal certainty regarding Druwe Pura land through complete systematic land registration (PTSL). This research is a type of normative legal research (doctrinal legal research). Article 19 of the Basic Agrarian Law states that in order to ensure legal certainty that the Government will carry out land registration throughout the territory of the Republic of Indonesia, the National Land Agency as the implementer of duties in the agrarian sector in Indonesia is obliged to serve the needs of the people who wish to register their land. To implement the order contained in Article 19, Government Regulation Number 24 of 1997 concerning Land Registration was issued. Parisada Hindu Dharma Indonesia (PHDI) has made a Memorandum of Understanding with the National Land Agency (BPN) Number: 189/PH.PHDI.Pusat/V/2023; Number: 20/SKB-HK.03.01/V/2023 concerning Implementation of Land Registration, Assistance for Prevention and Handling of Land Asset Problems under the auspices of Parisada Hindu Dharma Indonesia. The implementation of this Memorandum of Understanding is further regulated in the Cooperation Agreement between Parisada Hindu Dharma Indonesia and the National Land Agency (BPN), with Number: 269/PH.PHDI.Pusat/II/2024; Number: 4/SKB-100. HK.03.01/II/2024.. Registration of land belonging to the Temple (Pura druwe land) as a place of worship through Complete Systematic Land Registration (PTSL)

Comparison between aerial imagery and conventional cadastral mapping methods in Ekiti State Nigeria; towards a fit-for-purpose approach

Towards achieving Fit-for-Purpose (FFP) cadastral mapping, this study compares conventional cadastral mapping methods of theodolite traverse, total station and Real Time Kinematic Global Navigation Satellite System (RTK GNSS) with high-resolution aerial imagery in Ekiti State, Nigeria. Evaluating time, cost, accuracy, and coverage, it finds that high-resolution aerial imagery can achieve results comparable to conventional instruments with wider coverage, thereby expediting land registration and fostering sustainable development. However, challenges in obtaining high-resolution imagery necessitate regulatory reform for UAV use. The study recommends adoption of innovative solutions to improve the spatial, legal, and institutional frameworks in the state and enhance land governance.

Land Regulation and Local Service Provision: Can Economic Growth and Environmental Protection Be Achieved Simultaneously?

This study examines the impact of China’s industrial land approval reform (ILAR) on the provision of subnational services. Utilizing the 2011 pilot reform policy approved by the State Council, we utilize a staggered Difference-in-Differences (DID) method to determine the reform’s impact on local economic growth and environmental protection. The findings reveal that the reform enhances local economic development and decreases pollution levels. Additionally, the reform significantly decreases land resource misallocation in pilot cities, enhancing productivity. We also find that local governments allocate more land to the tertiary sector through this reform, achieving industrial upgrading. The optimization effects are more pronounced in cities with higher fiscal pressure. Based on these findings, we recommend that policymakers sustain decentralization efforts and consider further incentives for cities under fiscal stress. We fill a gap in the literature by linking land use regulation with subnational service provision, contributing to the understanding of the socioeconomic benefits of decentralization and local government service levels.

Pendaftaran Tanah Sistematis Lengkap Tanah tanpa Sertifikat sebagai Upaya untuk Mempercepat Reforma Agraria di Wilayah Kantor Pertanahan Kabupaten Tapin

To achieve nationwide land registration in Indonesia, despite regulatory support, systematic challenges persist in expediting the process known as Complete Systematic Land Registration (PTSL). These hurdles may impede the fulfillment of the mandate outlined in Article 19(1) of Law No. 5 of 1960. The research conducted is of a normative legal nature, focusing on legal norms, aligning with Peter Mahmud Marzuki's definition of legal research as inherently normative. The findings on Complete Systematic Land Registration in the Tapin Regency Land Office Area indicate that unregistered land owners face uncertainty and lack legal protection until their land is officially registered. Although Indonesia's land registration publication system allows for objections or lawsuits, legal certainty and protection are only guaranteed post-registration. The government aims to enhance certainty and protection through the PTSL program, emphasizing the importance of land certificates. However, despite serving as legal evidence of ownership, these certificates are not absolute in legal proceedings and can be subject to civil, criminal, or administrative challenges due to Indonesia's adversarial land registration system.

The position of the PPAT Deed in its function as a means of evidence and its registration contains juridical defects

Sale and purchase is an agreement that is made by an authentic deed made by a Land Deed Official (PPAT) which has perfect evidentiary power As an authentic deed, a PPAT deed must fulfil the procedures for making a PPAT deed as prescribed by law and other regulations. Making a PPAT deed must be made by an authorised official, namely a PPAT, because a PPAT deed made before a PPAT has a function as evidence and also as a condition for registration by a PPAT. The purpose of the research is to find out how the position of a PPAT deed made before a PPAT has evidentiary power as evidence for the parties and becomes a condition of registration of the deed if it contains juridical defects. The author conducts research with normative juridical research methods, descriptive analytical research typology, and qualitative data analysis techniques. Based on the results of the research, it is concluded that the PPAT deed has two functions, namely as evidence of certain legal acts regarding land rights and as a registration tool for changes in land registration data. When there is a transfer of land rights, the function of the PPAT deed as a registration tool is completed and leaves the PPAT deed as evidence of legal acts. The function of the PPAT deed is that it must be a requirement so that the transfer of land rights can be registered at the land office in accordance with the regulations regarding land registration and the implications of the juridical defects of the PPAT deed in the Decision result in the legal actions carried out, namely the sale and purchase, having no legal effect, the Sale and Purchase Deed is considered never to have been born even though it has been registered before, it has implications for the land office which requires to restore land rights. because it was previously registered by the land office to return to what it was before the Sale and Purchase Deed was born.

The Position of Land Ownership Certificates in Settlement of Inheritance Disputes

Land is one of the basic human needs. This article is motivated by the lack of legal certainty regarding land ownership. Many land disputes continue to arise due to inappropriate locations or boundaries, such as duplicate certificates. A certificate of ownership is a copy of the land register and its dimensions, if accompanied by a cover paper, the form of which is determined by ministerial regulations. The aim of this research is to understand certificates as proof of rights and title to land. The method used in this research uses a normative method, by analyzing existing legislation and literature. Based on the large number of cases related to land, it can be concluded that ownership of a land certificate is an important basic proof of land ownership. Ownership rights to land remain with the owner as long as the owner does not release or surrender his rights

An analysis of strategic goals and public procurement strategy regarding the implementation of The National Program for Land Registration in Romania

The National Program for Land Registration was supposed to be completed by 2023 with the registration of all administrative units in Romania. The aim of this study is to analyze the feasibility and acceptance of the strategic objectives of this project and the public procurement strategy in the view of three types of stakeholders involved in the project: private sector providers, cadastre academics and local cadastre offices directors. It is the first study that analyses The National Program for Land Registration from this perspective. The research shows that, in the view of the stakeholders questioned the strategic objectives were not feasible and they weren’t consulted in designing them, making the objectives unacceptable. In regards to the public procurement strategy, the results of the study show that the targets set were not clear, there is not enough competition in the market and the awarding criteria lack a balance between quality and price.

The Impact of the Implementation of Complete Systematic Land Registration on Legal Certainty in the Registration of Land Ownership Rights in Indonesia

The establishment of legal certainty is one of the goals of land registration. Both Article 19 of the UUPA and Article 3 of Government Regulation No. 24 of 1997 on Land Registration support this. Both methodical and haphazard land registration may lead to legal certainty in the form of certificates. Initiated in 2016, the Complete Systematic Land Registration Program is still running. The Impact of Complete Systematic Land Registration Implementation on Legal Certainty in the Registration of Property Rights in Indonesia is the title of this study. The purpose of this study is to look at how Complete Systematic Land Registration could affect Indonesia's property rights registration system's legal certainty. Normative legal research employing secondary data is what this work does. According to a 2024 study, the National Land Agency, the government, saw both good and negative effects from the implementation of Complete Systematic Land Registration, in addition to benefits for participating landowners.

Community Participation in the Complete Systematic Land Registration Program (PTSL) in Rumbai District, Pekanbaru City

Community Participation in the Complete Systematic Land Registration Program (PTSL) in Rumbai District, Pekanbaru City

Identifying Legal, BIM Data and Visualization Requirements to Form Legal Spaces and Developing a Web-Based 3D Cadastre Prototype: A Case Study of Condominium Building

Over the past decade, numerous countries and researchers have been investigating the potential of 3D cadastre based on the Building Information Model (BIM). In Türkiye, the General Directorate of Land Registry and Cadastre (GDLRC) has been engaged in the “Production of 3D City Models and Creation of 3D Cadastral Bases Project” since 2018. One of the objectives is to develop 3D (physical) digital building models (and databases) through the digitization of floor plans of architectural drawings. In order to ensure the long-term viability of this project, a new regulation was issued in 2021. This regulation mandates the submission of 3D digital building models to the land registry in order to register condominiums. The future goals of the GDLRC include utilizing the 3D digital building models produced to create legal spaces in condominium buildings for the 3D cadastre. However, no research has yet been carried out for this goal. The objective of this research is to identify the legal and BIM data requirements for deriving legal spaces in condominium buildings, in light of the legislative analysis, and to develop a web-based 3D cadastre visualization prototype (showing both legal spaces and physical objects) based on the requirements obtained from the scientific literature. The result of this research demonstrates that well-structured and annotated BIM data can be used to develop a 3D cadastre prototype that meets the legal requirements in the case of Türkiye. Moreover, it is evident that, although the GDLRC has initiated the construction of a robust foundation for a 3D cadastre based on BIM, further enhancements and resolutions must be implemented from a legal and technical standpoint. It is postulated that the identified requirements and the proposed methodology in this research may assist decision-makers in Türkiye and globally in formulating their strategic plans for a 3D cadastre.

Unlawful Act by a Cultivator or Sharecropper Certifying Land that Does Not Belong to Them

Land registration is an important step in the land administration system to reduce disputes, increase transparency, and ensure compliance with applicable laws and regulations. However, in practice, there are many cases where individuals or groups try to control or claim rights to land that do not belong to them personally, through various unlawful means, including unauthorized certification. This study aims to know and analyze in depth the conditions that must be met in the registration of inherited land and the legal consequences for cultivators/appointees who wrongfully certify land that does not belongs to them. Specifically, this study focuses on the specific legal requirements for registering inherited property and the implications for individuals who attempt to register land illegitimately, highlighting the potential legal repercussions and the need for enforcement of property rights. The findings of this study can be used as a reference for policymakers and legal practitioners.

From Policy to Practice: Analyzing the Implementation of the Complete Systematic Land Registration in Palu City, Central Sulawesi

The study investigates the implementation of the Complete Systematic Land Registration (Indonesia: Pendaftaran Tanah Sistematis Lengkap/PTSL) policy in Palu City, Central Sulawesi Province. The research is qualitative, utilizing purposive sampling to select five key informants. Data collection was conducted through observations, in-depth interviews, and document analysis. Data analysis followed the Miles and Huberman approach, involving data editing, verification, and drawing conclusions. The findings, framed within Van Meter and Van Horn's theoretical model, reveal six key dimensions of policy implementation: (1) Standards and Targets, with positive community response, particularly in land certification; (2) Resources, with adequate human resources but suboptimal financial support; (3) Inter-organizational Communication and Activity Strengthening, marked by effective collaboration among related institutions; (4) Characteristics of Implementing Agents, with National Land Office (Indonesia: Badan Pertanahan Nasional (BPN) Palu City as the technical executing body; (5) Socio-Economic and Political Conditions, reflecting supportive social environments but financial constraints and regulatory challenges; and (6) Implementor Disposition, highlighting the positive reception of PTSL, which contributes to the empowerment of local communities and suggests potential for future expansion in other regions.