Registration of public land rights and restrictions in a land administration system

Miserez, Jean-Paul

One of the six statements of Cadastre 2014 expressed that a cadastre in the future "will show the complete legal situation of land, including public rights and restrictions". This statement has lead in Switzerland to a number of studies and several working groups were established in this context. The new law on geoinformation soon to be submitted to the national government explicitly provides for the establishment of a cadastre of public rights and restrictions. As Switzerland disposes of a well established legal cadastre of private land rights, it is not possible to simply add the public rights and restrictions. Some cadastral principles, however, would have to be respected in order to maintain the reliability of the information provided to the public as well as the decision autonomy of the authorities. The surveyor as a potential administrator for such information platforms would have to respect certain conditions to fully assume his/her role as a provider of services and interfaces between authority and citizen. This article will present the principal rules as they are proposed in the new Swiss law on geoinformation. Based on the specific Swiss case study, these rules are valid in a general context. They deal with issues such as spatial reference framework, registration and enforcement principles, fuzzy boundaries, conversion from paper to digital, data modeling, comprehensiveness and reliability of information, and functionality of such a system.

Event: XXIII International FIG Congress : Shaping the change

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Document type:Registration of public land rights and restrictions in a land administration system (196 kB - pdf)