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28.03.2022 00:52

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Нужно сделать аннотирования и реферирования текста. UNIT 6. CADASTRAL AND LEGAL LAND REGISTERS
Historically, land records have been established to serve two main purposes.
First, as „fiscal‟ records, primarily for the public sector, they served as the basis for
the full and accurate taxation of land. Second, as „legal‟ records, primarily for the
private sector, they served as registers of ownership and other land rights. On the
European continent the development of fiscal/taxation record system was heavily
influenced by the decision of Napoleon 1 to establish a French cadastre.
In continental Europe the word „cadastre‟ came to mean „a systematic
classification and valuation of land under the control of the central government by
means of maps of parcels drafted on the basis of topographical surveys and recorded
according to parcels in a register‟.
„Cadastre‟ thus had a distinct meaning as a specific type of land record –
supported by maps – which included not only the area and the land use for each
parcel, but also land value and ownership information. Recently, however, there
has been a tendency to give the word a broader meaning, so that it is now acceptable
to use the term even to refer to land records which do not include information on land
value and ownership. The UN Ad Hoc Group of experts on Cadastral Surveying and
Land Information Systems uses the following definition: “The cadastre is a
methodically arranged public inventory of data on the properties within a certain
country or district based on a survey of their boundaries; such properties are
systematically identified by means of some separate designation. The outlines of the
property and the parcel identifier are normally shown on large-scale maps”.
Essentially, a cadastre is thus a systematic description of the land units
within an area. The description is made by maps that identify the location and
boundaries of every unit, and by records. In the records, the most essential
information is the identification number and the area of the unit, usually
differentiated by land use class. Information is often provided on the unit‟s
registration date with reference to a particular file. Furthermore, the classical
cadastre provides information concerning owners, land classes and values or land
taxes. Databases are often established for buildings, physical plans, etc., especially
in automated cadastres. Sometimes such an extended cadastre is referred to as a
multipurpose cadastre. Strictly speaking, however, every cadastre nowadays – even
in its simplest form is multipurpose. Closely connected to the word cadastre is the
term cadastral survey, which is simply defined as a survey of boundaries of land
units. A cadastral survey may be carried out both for the initial information of the
parcel as well as for any subsequent changes of the boundaries. A cadastral survey
may also be conducted in order to re-establish missing boundaries.
The second type of land records is the “legal” records, which do not serve the
purposes of land taxation or the description of land units, but are intended to include
the description and the determination of rights to and encumbrances on the land.
We use the term “(legal) land register”. This term has long been used in Englishspeaking countries to describe the legal registration of rights and deeds concerning
real property.
(Legal) land register is a public register of deeds and rights concerning real
property. Depending on the legal system, there may be a register of deeds or a register
of titles. Under the system based on the registration of deeds, it is the deed itself
which is registered. A deed is a record of a particular transaction and serves as
evidence of this specific agreement, but it is not itself a proof of the legal right of the
transacting parties to enter into and consummate the agreement. Under the alternative
system based on a registration of titles, this process of tracing the chain of deeds is
unnecessary. Title registration is itself a proof of ownership and its correctness is
usually guaranteed by the state.