Green Paper Proposing Green Paper Proposing Property Boundary Reform Property Boundary Reform By Dr Paddy Prendergast, Dublin Institute of Technology Chair of the IIS Commission on Land Registration Chair of the Inter-Professional Task Force on Property Boundaries The Survey Association - Southampton, 26 th November 2009 The Survey Association - Southampton, 26 th November 2009
LRC e-CONVEYANCING REPORT - 2006 Vision & Strategic Objectives � Process - develop & implement an electronic conveyance process � Information - conversion of information into digital form � IT Systems - develop & implement IT architecture (Hub) to deliver services � Legislation - reform of relevant primary and secondary legislation � Education - enhancing stakeholder skills to use the new system Project Board established to Coordinate Developments The Survey Association - Southampton, 26 th November 2009 The Survey Association - Southampton, 26 th November 2009
Law Society e-Vision for e-Conveyancing e-Vision (July 2008) - radical proposals to change existing conveyancing system in preparation for e- Conveyancing � Move from ‘ Caveat Emptor ’ to ‘seller disclosure’ for property transactions - responsibility now on vendor � Proposals that Land registry should contain titles of all land in the State and all the interests to that land � Registration of all lands currently in RoD to be transferred to LR and close RoD � No interest should affect title unless it is registered (much fewer exemptions) - Title should be definitive, conclusive & all encompassing The Survey Association - Southampton, 26 th November 2009 The Survey Association - Southampton, 26 th November 2009
IIS Reform Proposals for e-Conveyancing � Green Paper (August 2008) - two documents � Outlined reasons why reform of current system was necessary- needed to persuade a number of crucial powerbases of need for reform - Law Society, Property Registration Authority & others � Proposed new concepts and standards for boundary surveys – IIS only 20 years old so did not have reputation to leave this out, so needed to describe in detail what was being proposed � Issued as a discussion document to stimulate debate - definitely achieved its aim The Survey Association - Southampton, 26 th November 2009 The Survey Association - Southampton, 26 th November 2009
Law Society Concept of eConveyancing � Paperless (dematerialisation) � Electronic conveyancing process � Validation � Viewing material online � All material transmitted through a central electronic Hub or workspace � Secure � Transparent � Land registration But the information in the PRA folios and the PRA mapping are linked and one part cannot do without the other. Professionals need to have confidence in the information supplied by the eConveyancing Hub, so validation of boundary information is essential to ensure the success of the system The Survey Association - Southampton, 26 th November 2009 The Survey Association - Southampton, 26 th November 2009
PRA Digital Mapping Project � Prepare for advent of eConveyancing � 5 year project - 2005 to 2010 (May) � Create a comprehensive on- line database of property boundaries based on OSi large scale maps (1:1000, 1:2500 & 1:5000) � 19 counties already live from 26 - Galway last � Introduce full compulsory first registration to migrate ~0.5M properties from Registry of Deeds to Land Registry The Survey Association - Southampton, 26 th November 2009 The Survey Association - Southampton, 26 th November 2009
PRA Digital Mapping Project � PRA boundaries digitised by shifting property Map - Courtesy PRA boundaries into coincidence with OSi features within certain tolerances � Significant improvement in cartographic quality of PRA maps www.landdirect.ie � PRA have created a vector database using new GPS compatible coordinate system - good choice for future development The Survey Association - Southampton, 26 th November 2009 The Survey Association - Southampton, 26 th November 2009
PRA Digital Mapping Project - Result � “Tell me where my boundary is?” - Cannot do better than the OSi mapping tolerances (even with the new digital mapping) because of: � Sufficient information on boundaries is not available from the new PRA digital mapping system � PRA index map at OSi maps scales is not large enough for clarity of features with regards to individual properties, resulting in interpretation, guesswork, delays and extra costs by everyone � Engineers and Architects never design their project on an OSi map - so they commission a full topographic & boundary survey, but they must still acquire PRA map to deal with legal issues, and delays and costs arise in trying to match the ground survey with official record � Digital mapping system permits identification of previously hidden discrepancies in PRA mapping, which should be addressed in a systematic manner, rather than on a case by case basis � Let me take one example to highlight some of the difficulties The Survey Association - Southampton, 26 th November 2009 The Survey Association - Southampton, 26 th November 2009
CONVEYANCING - Folios & Maps � LH6600 does not Map - Courtesy PRA Map - Courtesy PRA Map - Courtesy PRA have title to his family home � LH10640 does not have title to his own home, but does have LH10640 title to home next door � LH286 has title to home in LH10640, but has lost title to a large portion of his field LH6600 � This mapping has passed QA both by contractor and by PRA � QA focussed on the digitising process rather than map LH286 product !!!! The Survey Association - Southampton, 26 th November 2009 The Survey Association - Southampton, 26 th November 2009
CONVEYANCING - Folios & Maps � Process required Map - Courtesy PRA (legal & surveying) to allow these boundaries be A rectified quickly, easily and at B minimal cost � A - LH286 to LH10640 � B - LH10640 to LH6600 � C - LH10640 & LH660 to LH286 C � PRA maps need to try to reflect reality on the ground � Reform is required to get PRA map product correct The Survey Association - Southampton, 26 th November 2009 The Survey Association - Southampton, 26 th November 2009
CONVEYANCING - Folios & Maps Map - Courtesy PRA � Current system that confirms owners ‘good title’ is flawed due to these boundary issues � Not dealing with boundary issues has potential to result in loss of property value LH6600 � Should boundary information also be validated and move to a concept of providing ‘Good Marketable Title? The Survey Association - Southampton, 26 th November 2009 The Survey Association - Southampton, 26 th November 2009
STANDARDS FOR BOUNDARY SURVEYS � Standards based � Standards based on best on best international international practice practice � GPS baseline - � GPS baseline - high accuracy high accuracy (absolute & (absolute & relative) used as relative) used as firm foundation for firm foundation for boundary survey boundary survey � Survey records � Survey records evidence & facts on evidence & facts on the ground as if the ground as if going to court going to court The Survey Association - Southampton, 26 th November 2009 The Survey Association - Southampton, 26 th November 2009
Green Paper Proposal Current Conveyance Supply high quality information to the Process Conveyance Process Ground OSi paper LR paper OSi digital PRA digital Instrument Truth Map Map Map (ITM) Map -paper Map -paper Survey (ITM) 1 2 � Paper map accepted and 3 unchecked - general assumption that OSi & 1. Does digital boundary correspond with PRA maps are correct submitted boundary? - confirm that digitising protocol has been carried out correctly within � Cursory check of paper the tolerances specified map on ground 2. Do PRA digital boundaries correspond with � Survey to identify features on latest version of OSi map? – should issues, but these do if within the digitising tolerances difficult to resolve - LR system not positive 3. Do PRA digital boundaries correspond with towards rectifications Ground Truth Survey (GTS)? - mostly not, so have to try to identify reasons why not The Survey Association - Southampton, 26 th November 2009 The Survey Association - Southampton, 26 th November 2009
Example of Boundary Survey in compliance with standards in Green Paper The Survey Association - Southampton, 26 th November 2009 The Survey Association - Southampton, 26 th November 2009
Example of Boundary Discrepancies Map highlighting boundary issues • Map - GTS & Discrepancies map • Report - details of checks carried out & info on each boundary segment (description, photo, coordinates, condition, etc) The Survey Association - Southampton, 26 th November 2009 The Survey Association - Southampton, 26 th November 2009
Recommend
More recommend
