engelsk Heming

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Information about engelsk Heming
Education

Published on January 18, 2008

Author: Miranda

Source: authorstream.com

Introduction to Norwegian Cadastre and Land registration:  Introduction to Norwegian Cadastre and Land registration Heming Herdlevær Deputy Director Cadaster and Land registry The present situation:  The present situation Traditional dual registration system Cadastre and Land Register separate Cadastre under the Ministry of Environment central register operated by the Mapping Authority registration done mainly by the municipalities Land Register under the Ministry of Justice central register operated by an agency under MOJ registration done by 87 local courts Both registers are in digital form The registers are combined into a joint on-line service to the users The present situation:  The present situation cadastral law of 1980 introduction of a uniform system for property identification for the whole of Norway the GAB register substituted the old cadastre information about properties, buildings and addresses tool for facilitating local and central public administration administered by Norwegian Mapping Authority updated by the municipalities and land registry responsibility for cadastral surveys and mapping assigned the municipalities, as a monopoly task No formal education required Routines to subdivide land Rules on how to mark boundaries Cadastral unit identification:  Cadastral unit identification The GAB system:  The GAB system Ground parcels - 2.8 mill units Addresses - 2.0 mill units Buildings: 3.6 mill units Basic principles behind the establishment of the GAB system:  Basic principles behind the establishment of the GAB system Governmental fundings necessary Centralised database Co-operation between various public agencies, and between public and private sector in general Have the multi-purpose aspect in mind One register - many users Include few, but important data Basic principles behind the establishment of the GAB system (cont.):  Basic principles behind the establishment of the GAB system (cont.) Build the databases step by step. Rome was not built in one day. Establish secure and high quality updating routines. Updating routines supported by law Focusing on completness Focusing on data quality and standardisation Cost recovery - user fees GAB - The multi-purpose property register:  GAB - The multi-purpose property register Provider of data for statistical purposes. For municipal use Property formation Planning purposes Addressing Building For taxation (Governmental and municipal tax) Banking activities Insurance The GAB system, Updating routines:  The GAB system, Updating routines Compulsory From Municipalities Land subdivisions Building activity New and changed addresses From Local courts Change of ownership By agreement or on commercial conditions From The Norwegian Population register Resident address of the owner From The Norwegian Enterprise Register Location address of the enterprise The Central Post Register Changes in postal code The GAB system - Data content:  The GAB system - Data content Ground Parcel Owner Owners address; Date of purchase Market value - referring to the last transfer Co-ordinates of one point of representation Area Land use References to buildings and addresses The GAB system - Data content:  The GAB system - Data content Addresses References to School district Constituency Postal Zone Basic statistical unit Co-ordinates References to corresponding building and addresses The Address identifier:  The Address identifier Two types of addresses Road address (Karl Johans gt. No 25) (0201/1204/25) Mainly in urban and densely populated areas. Addresses identified by the parcel id. (0623/78/11) Most frequently in rural areas For both kinds of addresses: Appartement addresses in multi-appartement buildings The GAB system - Data Content:  The GAB system - Data Content Buildings Kind of Building Area Number of floors Kind of water supply Kind of sewer treatment Year when the house was built Number of flats and data about each flat Co-ordinates References to corresponding addresses and ground Parcels Some economic figures:  Some economic figures Initial data capture Huge figures, completely financed by governmental funds Running costs Partly financed by user fees. GAB-related costs Wages employee in NMA: 8,5 mill NOK Costs comp. Company (IBM, NE): 12 mill NOK Link to Population Register : 750.000 NOK Income from the municipalities: 8 mill NOK Ongoing work:  Ongoing work New Cadastre law New Cadastral system Land Registration will be transferred to Norwegian Mapping Authority Registration of titles, mortgages etc. will be centralised New technology will be introduced (electronic conveyancing) New cadastral law:  New cadastral law law proposal to the parliament in autumn 2003? the new law introduces 3 main elements: abolishment of the municipal survey monopoly, private surveyors will be permitted to conduct cadastral surveys legal basis for 2 new types of cadastral units - property in strata and joint property a new property register - the new cadastre. The new cadastre will comply with the requirements for integration of cadastral map and register The role of the cadastre:  The role of the cadastre give the official identification number for the cadastral units, buildings and addresses facilitating tasks in local administration collection of fees land use planning protection construction facilitating tasks in central administration statistics facilitating tasks in private sector information to the property market, property owners and developers Project progress:  Project progress project started in 1999 analysing and specifying, in close co-operation with local municipalities and ministries the technical development has started the new cadastre shall be developed, tested and ready for full implementation by the turn of the year 2005/2006 implementation over at period of 1 - 2 years Structure of the new cadastre:  Structure of the new cadastre Pålegg Forretningsdata REFORMING LAND REGISTRATION IN NORWAY:  REFORMING LAND REGISTRATION IN NORWAY Legal framework for land registration:  Legal framework for land registration Contracts are binding between the parties at the time of signature Registration is not mandatory, but is almost “always” done Registration gives protection against third party “Anybody” can write deeds No notaries involved Most documents are written by real estate agents and banks Control of the validity of signatures and content of the documents done at the registration office Checking are done by clerks - judges involved in difficult cases only Legal framework cont….:  Legal framework cont…. The land register is a title registration system Users can rely on the extracted information in the register – they do not have to consult the documents The register gives positive and negative confidence The parties can rely on the registered information being correct The parties can rely on the registered information only The state compensates any economic loss due to defaults in the register provided that the affected party is in good belief Also losses due to fraud (false signatures etc.) is compensated A million documents:  A million documents About 1 million transactions registered per year 150.000 sales deeds 450.000 mortgage documents Registration fees between 100 and 150 euro Total income 3 times the operating costs Average registration time: 1,2 day 200 employees; 6 lawyers (counted in manyear) Average office 2,5 clerks Few registration misstakes Compensation paid: 1 % of total fees paid Joining the two registers:  Joining the two registers Parliament decided in 2002 to join the cadastre and the land register To transfer the land register registration from the courts to the Cadastre and Mapping Agency, thus placing the two registers under one single administration To replace 87 registration offices by one central registration office To make registration an administrative effort To maintain two registers and two laws, but closely linked and co-ordinated To take place office by office from 2003 to 2006 Why:  Why Facilitated by a political will to make ”clean” courts dealing with judging only Reducing the number of district courts on the agenda – paving the way for looking at the registration function Understanding that the administration currently is competent to register Registration with the courts is historically reasoned – no other local competent bodies existed locally in older times Registration does not include elements of judging between competing parties Why cont…..:  Why cont….. Understanding that the demand for land information is rapidly changing users request integrated information – one stop shopping The amount of public restrictions growing rapidly – easy access needed Understanding the importance of coordinating developments Harmonising development of laws, IT-systems and services to users can best be achived by placing these responsibilities in one single authority Why….:  Why…. Facilitating technical developments Rapid changes in the technical environment; Internet, electronic documents, graphic displays, etc The judiciary does not provide the optimal environment for applying modern technology Improving services to the public Courts do not easily focus this role The integrated land information system:  The integrated land information system Consists of three registers Cadastre, land register and register of zoning plans Reflecting the growing importance of public restrictions concerning the use of land and buildings Makes a clean cut between cadastre and land register The cadastre shall include all public restrictions where publicity is the purpose of registration The land register shall contain private contracts only – contracts which obtain legal protection through registration Facilitates electronic conveyancing Improving competiton in the mortgage market Reducing transaction costs Joining the two registers:  Joining the two registers The registration task will be moved from the first local courts to the NMA, spring 2004 A new system for registration introdused 1.1.2005 The transfer completed in 2007 Ministry of Justice responsible for the project NMA are participating actively The largest obstacle - funding and keeping up the work in the local courts

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