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1
Grimsley, Carolyn Leah. "Implementation of a global title registry." Thesis, University of Cambridge, 2015. https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.708917.
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O'Connor, Pamela Anne. "Security of property rights and land title registration systems." Monash University, Faculty of Law, 2003. http://arrow.monash.edu.au/hdl/1959.1/7726.
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Hazell, Peter, and n/a. "Community title or community chaos : environmental management, community development and governance in rural residential developments established under community title." University of Canberra. Resource, Environment and Heritage Science, 2002. http://erl.canberra.edu.au./public/adt-AUC20050415.124034.
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This thesis contends that; in mainstream rural residential development around the
Australian Capital Territory, use of community title guidelines for sub-division should
consider social processes and environmental considerations along-side economic
imperatives and interactions.
Community title is a form of land tenure that allows for private freehold ownership of
land as well as community owned land within the one sub-division. In New South
Wales, community title was introduced in 1990 under the Community Land
Development Act 1989 (NSW) and the Community Land Management Act 1989
(NSW). Since the introduction of community title, upwards of one hundred and fifty
developments, ranging from just a few blocks to the size of small suburbs, have been
approved throughout the state. The original aim of community title was to provide a
legal framework that underpinned theme-based broad-acre development. Themebased
development could include a Permaculture© village, a rural retreat for likeminded
equine enthusiasts, or even a medieval village.
Community title is also seen as an expedient form of land tenure for both developers
and shire councils. Under community title, a developer only has to submit a single
development application for a multi-stage development. This can significantly reduce
a developer's exposure to risk. From a shire council's perspective, common land and
resources within a development, which would otherwise revert to council
responsibility for management, becomes the collective responsibility of all the land
owners within the development, effectively obviating council from any responsibility
for management of that land. Community title is also being touted in planning and
policy as a way of achieving 'sustainable' environmental management in new subdivisions.
The apparent expediency of community title has meant that development
under these guidelines has very quickly moved beyond theme-based development into
mainstream rural residential development.
Community title effectively provides a framework for participatory governance of
these developments. The rules governing a community title development are set out in
the management statement, which is submitted to the local council and the state
government with the development application. A community association, which
includes all lot owners, manages the development. Unless written into the original
development application, the council has no role in the management of the common
land and resources.
This thesis looks at the peri-urban zone around one of Australia's fastest growing
cities - Canberra, whose population growth and relative affluence is impacting on
rural residential activity in the shires surrounding the Australian Capital Territory.
Yarrowlumla Shire, immediately adjacent to the ACT, has experienced a 362 percent
increase in population since 1971. Much of this growth has been in the form of rural
residential or hobby farm development. Since 1990, about fifteen percent of the
development in Yarrowlumla Shire has been community title. The Yass Shire, to the
north of the ACT, has shown a forty five percent population increase since 1971.
Community title in that shire has accounted for over fifty percent of development
since 1990. The thesis case study is set in Yass Shire.
The major research question addressed in the thesis is; does community title, within
the context of rural residential development around the Australian Capital Territory,
facilitate community-based environmental management and education? Subsidiary
questions are; what are the issues in and around rural residential developments within
the context of the study, who are the stakeholders and what role do they play and;
what skills and support are required to facilitate community-based environmental
management and education within the context of the study area?
To answer the research questions I undertook an interpretive case study, using
ethnographic methods, of rural residential development near the village of
Murrumbateman in the Yass Shire, thirty kilometres north of Canberra. At the time of
the study, which was undertaken in 1996, the developments involved had been
established for about four years. The case study revealed that, as a result of
stakeholders and residents not being prepared for the management implications of
community title, un-necessary conflict was created between residents and between
residents and stakeholders. Community-based environmental management issues were
not considered until these issues of conflict were addressed and residents had spent
enough time in the estates to familiarise themselves with their environment and with
each other.
Once residents realised that decisions made by the community association could affect
them, there developed a desire to participate in the process of management.
Eventually, earlier obstacles were overcome and a sense of community began to
develop through involvement in the community association. As residents became
more involved, the benefits of having ownership of the community association began
to emerge.
However, this research found that management of a broad acre rural residential
development under community title was far more complicated than any of the
stakeholders, or any but the most legally minded residents, were prepared for.
4
Makmillen, Shurli. "Land, law and language : rhetorics of Indigenous rights and title." Thesis, University of British Columbia, 2010. http://hdl.handle.net/2429/26370.
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For good or ill, settler Indigenous relations in settler colonies around the world are being framed by longer and more complex texts. This renders the study of language more important than ever, especially as the frameworks and perspectives of Aboriginal people are increasingly given their due; it also raises the question about other strategies for resistance and redress, such as the role of the arts, politics, culture and media. This thesis explores these issues with respect to assumptions and debates about language and meaning, about language and culture, and about legal and literary language in a selection of genres in which natives and newcomers in British Columbia and Aotearoa/New Zealand mediate their claims about land, about government, and about what counts as legitimate knowledge. No longer is it correct to enforce paradigms of Western justice, nor to essentialize or exoticize Indigenous cultural production. But what is taking their place and how do particular rhetorics of language and of difference structure these legal and literary genres in this particular "contact zone"?
That language is used in ways to serve situations is fundamental to rhetorical genre theory; that subsequent interpretations of this language use may serve subsequent often quite different situations is also of interest, and part of the action of genre. As a hermeneutical concept, genre can mediate between discourse and sentence levels of analysis in ways that keep audience effects in mind. But in the case of these genres both speakers and audiences can be polarized, dispersing intentions, uptakes, and effects. Theories of rhetoric and genre, which are my conceptual foundation, need amendment to account for this. Generating a more nuanced account of genre helps me develop a category of genres called contact genres: those genres in which rhetorical situations may be profoundly differently construed and yet they maintain their stability in order to address and dissolve colonialism’s culture.
5
Park, Malcolm McKenzie. "The effect of adverse possession on part of a registered title land parcel /." Connect to thesis, 2003. http://eprints.unimelb.edu.au/archive/00000328.
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Ady, Janet Carrier. "Dissertation Title| Framing Youth Citizen Science for Education, Youth Development, andPublic Land Conservation." Thesis, Prescott College, 2017. http://pqdtopen.proquest.com/#viewpdf?dispub=10252184.
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<p> This study explored how citizen science programs can connect young people with nature while providing needed scientific data. The premise was that, with attention to proper design, modification of current programming might increase citizen science outcomes for conservation. Furthermore, combining sound scientific protocols with effective education and positive youth development strategies can lead to consequential benefits for youth and society. An embedded single-case study explored a set of 20 citizen science programs relevant to the U.S. Fish and Wildlife Service to determine how the programs intended to educate and develop youth and to understand the programs’ designs. A theoretical framework based upon science education, environmental education, and positive youth development guided the inquiry. The study also explored how environmental educators, youth group leaders, scientists, and public land managers might work together to design and implement youth community and citizen science programs on federal lands. Study findings informed development of a prototype planning framework to guide planning and implementation of youth-focused community and citizen science programs on federal lands. Using the framework to design robust citizen science programs can assist scientists monitoring environmental conditions to inform land management decisions; and assist environmental education program coordinators to design meaningful service–learning activities for youth.</p><p>
7
Hanham, Susan Janette, and n/a. "�Where land meets water� : rights to the foreshore of Otakou Maori Reserve." University of Otago. Department of Surveying, 1996. http://adt.otago.ac.nz./public/adt-NZDU20070530.153901.
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Rights to possess and/or use the foreshore of New Zealand are not clear, and are even cloudier in relation to Maori freehold land that is on the coast. This thesis investigates the law pertaining to rights in the foreshore, and the facts pertaining specifically to the use of the Otakou Maori Reserve foreshore. In particular, the research question is this: what does aboriginal title mean in 1996 for Otago Maori? Examining the legal issues, searching individual titles and gathering oral history are the methods used to answer this question.
First, the law. In New Zealand the Crown is prima facie the absolute owner of the foreshore. This can be displaced by proof to the contrary. The doctrine of aboriginal title recognises the legal continuity of tribal property rights upon the Crown�s acquisition of sovereignty over their territory. Aboriginal title can be divided into two categories - territorial and non-territorial. Territorial title represents a tribal claim to full ownership, and non-territorial title to rights that are less than absolute ownership, such as the right to cross land, to fish and to collect flora and fauna. It is this doctrine of aboriginal title as it relates to the foreshore that can displace the Crown�s absolute ownership of the foreshore.
Second, the facts. 99% of the coastal land parcels of Otakou Maori Reserve are described in written documentation as to the line of mean high water. This 99% is made up 17% Maori freehold land, 49% general land and 33% vested in the Crown or the Dunedin City Council. The remaining 1% is Maori freehold land that does not have its boundary at mean high water, but has a fixed upland boundary. Oral history facts from the takatawhenua identify that the foreshore continues to be used for access, travel, and the collection of kai moana and sea resources.
The findings reveal that Kai Tahu ki Otakou have never extinguised their territorial and non-territorial aboriginal title to the foreshore of Otakou Maori Reserve. Suggested areas for future research include an investigation of other Maori reserves in Otago, and examining the doctrine of aboriginal title as it relates to the beds of watercourses.
8
Fuentes, Carlos Iván. "Redefining Canadian Aboriginal title : a critique towards an Inter-American doctrine of indigenous right to land." Thesis, McGill University, 2006. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=101816.
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Is it possible to redefine Aboriginal title? This study intends to answer this question through the construction of an integral doctrine of aboriginal title based on a detailed analysis of its criticisms. The author uses international law to show a possible way to redefine this part of Canadian law. After a careful review of the most important aspects of aboriginal land in international law, the author chooses the law of the InterAmerican Court of Human Rights as its framework. Using the decisions of this Court he produces an internationalized redefinition of Aboriginal title.
9
Cleary, Paul. "Iron ore dreaming : a study of native title negotiations in the Pilbara, Western Australia." Phd thesis, Canberra, ACT : The Australian National University, 2014. http://hdl.handle.net/1885/150452.
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McNeil, K. "Common law aboriginal title : The right of indigenous people to lands occupied by them at the time a territory is annexed to the Crown's dominions by settlement." Thesis, University of Oxford, 1987. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.234395.
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Herne, Stephen Charles. "A jurisprudence of difference : the denial of full respect in the Australian law of native title." University of Western Australia. Law School, 2009. http://theses.library.uwa.edu.au/adt-WU2008.0262.
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Dedigama, Anne C. "A case for hybridisation of land registration systems: Case study (Sri Lanka)." Thesis, Queensland University of Technology, 2016. https://eprints.qut.edu.au/97936/6/Anne_Dedigama_Thesis.pdf.
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Using Sri Lanka as a case study, this thesis proposes hybridisation of land registration systems comprising features that address the unique local needs and challenges as an alternative to full transplantation of Torrens title registration system to other jurisdictions. The central premise of the thesis is that a hybrid system is uniquely tailored and equipped to address local conditions. The findings of this analysis is utilised to articulate recommendations for Sri Lanka to be used as a set of practical guidelines. These recommendations can also be used as a guide by other countries and aid organisations when modernising land registration systems.
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Boge, Christopher J. "Possession of land: Conceptual creep as an aspect of modern perspectives of the relative enjoyment of land." Thesis, Queensland University of Technology, 2019. https://eprints.qut.edu.au/129571/9/Christopher_Boge_Thesis.pdf.
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This research contends that possession of land as a legal concept is changing because of its applications within adjudicative settings. However, the full scope of that change is difficult to discern as a logical chain of reasoning has not emerged which adequately explains possession's applications in certain contexts. The study considers this is because possession's traditional characteristics rely on a conceptual linkage to land itself and, in modern real property law, to ownership. When detached from an ownership frame of reference, possession, if it continues to be extended, may need to conceptually develop as also representing different characteristics.
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Feliciano, Carlos Alberto. "Território em disputa: terras (re)tomadas no Pontal do Paranapanema." Universidade de São Paulo, 2009. http://www.teses.usp.br/teses/disponiveis/8/8136/tde-03022010-160739/.
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O Pontal do Paranapanema é um território em disputa. Assim foi desde sua ocupação baseada na expropriação indígena, na grilagem de terras e no desmatamento. Na atualidade a disputa está na luta entre as classes sociais envolvidas na região. Por um lado têm-se as terras historicamente tomadas indevidamente e ilegalmente, que estão sob o domínio dos fazendeiros; por outro as terras que foram retomadas por um processo de luta e que estão sob o domínio dos camponeses, territorializadas através dos assentamentos rurais. Há ainda uma grande parcela de terras em disputa judicial, movida principalmente pela pressão dos movimentos camponeses para que o Estado cumpra as determinações que a lei lhe compete, ou seja, discriminar e retomar as terras que são de patrimônio público. Somente com as ações dos movimentos sociais através das ocupações de terras, principalmente em meados da década de 90 do século XX, que o Estado procurou redefinir a destinação das terras públicas. Os acordos realizados entre Estado e fazendeiros, permitiu tanto a (re)produção do campesinato, na forma de assentamentos rurais, como dos fazendeiros ao indenizar benfeitorias que se converteram em valores próximos ao preço de mercado, possibilitando assim a compra de terras para outras regiões brasileiras. Na tese, revelamos o lento processo discriminatório e os entraves jurídicos na obtenção e julgamento dessas áreas griladas por fazendeiros e hoje questionadas pelos inúmeros movimentos camponeses existentes no Pontal do Paranapanema.<br>The Pontal do Paranapanema is a disputed territory. It has been this way through processes of indigenous expropriation, the falsification of land titles and aggressive deforestation. At present, the dispute is centered on struggle between social classes involved in the region. On the one hand, there is the historically traceable and unquestionably illegal process of falsifying titles to take land, lands which are clearly under the control of the landlord class. On the other, there are lands that have been retaken through a process of struggle, lands now under peasant control, territorialized as agrarian reform settlements. In the meantime, large numbers of tracts remain mired in judicial proceedings, disputed for by peasant movements, pressuring the State to honor the law it is charge to fulfill by retaking lands that are part of the public patrimony. It has only been through the direct action of social movements, principally the occupation of lands during the middle period of the 1990s that the State sought to redefine the final use of public lands. Accords reached between the State and landlords contributed to (re)producing both the peasantry, through the establishment of agrarian reform settlements, and landlords, through near-market indemnity payments made for improvements on falsely titled public lands, enabling them to buy land in other regions of Brazil. This dissertation examines the slow land title discrimination process and the legal barriers encountered in the struggle to adjudicate and obtain areas falsely claimed by landlords and today questioned by the innumerous peasant movements active in the Pontal do Paranapanema.
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Burn, Geoffrey Livingston. "Land and reconciliation in Australia : a theological approach." Thesis, University of Exeter, 2010. http://hdl.handle.net/10036/117230.
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This thesis is a work of Christian theology. Its purpose is twofold: firstly to develop an adequate understanding of reconciliation at the level of peoples and nations; and secondly to make a practical contribution to resolving the problems in Australia for the welfare of all the peoples, and of the land itself. The history of the relationships between the Indigenous and non-Indigenous peoples in Australia has left many problems, and no matter what the non-Indigenous people try to do, the Indigenous peoples of Australia continue to experience themselves as being in a state of siege. Trying to understand what is happening, and what can be done to resolve the problems for the peoples of Australia and the land, have been the implicit drivers for the theological development in this thesis. This thesis argues that the present generation in any trans-generational dispute is likely to continue to sin in ways that are shaped by the sins of the past, which explains why Indigenous peoples in Australia find themselves in a stage of siege, even when the non-Indigenous peoples are trying to pursue policies which they believe are for the welfare of all. The only way to resolve this is for the peoples of Australia to seek reconciliation. In particular, the non-Indigenous peoples need to repent, both of their own sins, and the sins of their forebears. Reconciliation processes have become part of the international political landscape. However, there are real concerns about the justice of pursuing reconciliation. An important part of the theological development of this thesis is therefore to show that pursuing reconciliation establishes justice. It is shown that the nature of justice, and of repentance, can only be established by pursuing reconciliation. Reconciliation is possible because God has made it possible, and is working in the world to bring reconciliation. Because land is an essential part of Indigenous identity in Australia, the history of land in court cases and legislation in Australia over the past half century forms an important case study in this work. It is shown that, although there was significant repentance within the non-Indigenous legal system in Australia, the degree of repentance available through that legal system is inherently limited, and so a more radical approach is needed in order to seek reconciliation in Australia. A final chapter considers what the non-Indigenous people of Australia need to do in order to repent.
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Mahony, Ben David, and University of Lethbridge Faculty of Arts and Science. ""Disinformation and smear" : the use of state propaganda and mulitary force to suppress aboriginal title at the 1995 Gustafsen Lake standoff." Thesis, Lethbridge, Alta. : University of Lethbridge, Faculty of Arts and Science, 2001, 2001. http://hdl.handle.net/10133/189.
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In the summer of 1995, eighteen protesters came into armed conflict with over 400 RCMP officers and soldiers in central British Columbia. The conflict escalated into one of the costliest police operations in Canadian history. Many accounts of Aboriginal aggression provided by the RCMP are not consistent with evidence disclosed at the trial of the protesters. Moreover, the substance of the legal arguments at the heart of the Ts' Peten Defenders' resistance received little attention or serous analysis by state officials, police or the media. The RCMP constructed the Ts' Peten Defenders as terrorists and downplayed the use of state force that included military weaponry, land explosives and police snipers, who received orders to shoot to kill. Serious questions remain about the role of the RCMP, who acted as the enforement arm of state policies designed to constrain the effort to internationalize the Aboriginal title question.<br>iii, 225, [44] leaves : ill. ; 28 cm.
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Moran, Anthony F. "Imagining the Australian nation settler- nationalism and Aboriginality /." Click here for electronic access to document, 1999. http://dtl.unimelb.edu.au/R/U1L2H28HB18MC24L4CL743PII8DUPUQSDYN9NGAGLBXL8YA8BU-00451?func=results-jump-full&set_entry=000013.
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Low, Rouhshi. "The use of technology to automate the registration process within the Torrens system and its impact on fraud : an analysis." Thesis, Queensland University of Technology, 2008. https://eprints.qut.edu.au/18301/1/Rouhshi_Low_Thesis.pdf.
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Improvements in technology and the Internet have seen a rapid rise in the use of technology in various sectors such as medicine, the courts and banking. The conveyancing sector is also experiencing a similar revolution, with technology touted as able to improve the effectiveness of the land registration process. In some jurisdictions, such as New Zealand and Canada, the paper-based land registration system has been replaced with one in which creation, preparation, and lodgement of land title instruments are managed in a wholly electronic environment. In Australia, proposals for an electronic registration system are under way. The research question addressed by this thesis is what would be the impact on fraud of automating the registration process. This is pertinent because of the adverse impact of fraud on the underlying principles of the Torrens system, particularly security of title. This thesis first charts the importance of security of title, examining how security of title is achieved within the Torrens system and the effects that fraud has on this. Case examples are used to analyse perpetration of fraud under the paper registration system. Analysis of functional electronic registration systems in comparison with the paper-based registration system is then undertaken to reveal what changes might be made to conveyancing practices were an electronic registration system implemented. Whether, and if so, how, these changes might impact upon paper based frauds and whether they might open up new opportunities for fraud in an electronic registration system forms the next step in the analysis. The final step is to use these findings to propose measures that might be used to minimise fraud opportunities in an electronic registration system, so that as far as possible the Torrens system might be kept free from fraud, and the philosophical objectives of the system, as initially envisaged by Sir Robert Torrens, might be met.
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Low, Rouhshi. "The use of technology to automate the registration process within the Torrens system and its impact on fraud : an analysis." Queensland University of Technology, 2008. http://eprints.qut.edu.au/18301/.
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Improvements in technology and the Internet have seen a rapid rise in the use of technology in various sectors such as medicine, the courts and banking. The conveyancing sector is also experiencing a similar revolution, with technology touted as able to improve the effectiveness of the land registration process. In some jurisdictions, such as New Zealand and Canada, the paper-based land registration system has been replaced with one in which creation, preparation, and lodgement of land title instruments are managed in a wholly electronic environment. In Australia, proposals for an electronic registration system are under way. The research question addressed by this thesis is what would be the impact on fraud of automating the registration process. This is pertinent because of the adverse impact of fraud on the underlying principles of the Torrens system, particularly security of title. This thesis first charts the importance of security of title, examining how security of title is achieved within the Torrens system and the effects that fraud has on this. Case examples are used to analyse perpetration of fraud under the paper registration system. Analysis of functional electronic registration systems in comparison with the paper-based registration system is then undertaken to reveal what changes might be made to conveyancing practices were an electronic registration system implemented. Whether, and if so, how, these changes might impact upon paper based frauds and whether they might open up new opportunities for fraud in an electronic registration system forms the next step in the analysis. The final step is to use these findings to propose measures that might be used to minimise fraud opportunities in an electronic registration system, so that as far as possible the Torrens system might be kept free from fraud, and the philosophical objectives of the system, as initially envisaged by Sir Robert Torrens, might be met.
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Fonmanu, Keresi Rokomasi. "Dispute resolution for customary lands in Fiji /." Connect to thesis, 1999. http://eprints.unimelb.edu.au/archive/00001051.
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Noor, Aslan. "Konsep hak milik atas tanah bagi bangsa Indonesia ditinjau dari ajaran hak asasi manusia." Bandung : Mandar Maju, 2006. http://books.google.com/books?id=Hn-bAAAAMAAJ.
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Thesis (doctoral)--Universitas Negeri Padjadjaran, 2003.<br>Originally presented as the author's thesis (doctoral--Universitas Padjadjaran, Bandung, 2003) under title: Konsepsi hak milik atas tanah bagi bangsa Indonesia ditinjau dari ajaran hak asasi manusia. Includes bibliographical references (p. 357-366).
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Katz, Evie, and e. katz@latrobe edu au. "The anthropology of a workplace: the Victorian Land Titles Office." La Trobe University. School of Social Sciences, 1996. http://www.lib.latrobe.edu.au./thesis/public/adt-LTU20070309.104743.
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This thesis uses a cultural perspective to explore the working life of employees in a government office during the 1980s. During that period three significant changes took place - in the promotion system, in management recruitment and policies, and in the introduction of computer technology. In comparing and contrasting these changes with past practices, we gain an understanding of the relationship between organisational culture and organisational change.
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Besteman, Catherine Lowe. "Land tenure, social power, and the legacy of slavery in southern Somalia." Diss., The University of Arizona, 1991. http://hdl.handle.net/10150/185505.
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This dissertation reconstructs the settlement of the Middle Jubba Valley of Somalia by ex-slaves, their descendents, and other Somalis from 1850 to the present. It is an historical study of the construction of a social identity of the Jubba Valley agriculturalist population, and of the evolution of land tenure and land use patterns in the mid-valley. In examining the effects on valley farmers of new land tenure laws requiring registration of land, it shows how power dynamics are integral to the working of land tenure systems.
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Larson, Janelle B. Montaner. "An economic analysis of land titling in Honduras." Thesis, University of Oxford, 1995. http://ora.ox.ac.uk/objects/uuid:be8d5f2d-f676-45f1-8e3f-2b2a7f49b4e0.
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In 1982 the governments of Honduras and the United States signed a contract that established the Proyecto de Titulación de Tierras, or land titling project. This project was initiated primarily to provide titles to small coffee farmers on State-owned land. Among the expected consequences of the project were increased access to resources, especially credit, for small farmers and increased on-farm investment due to this access to credit and increased security. It was hoped that a greater use of credit and investment would increase farm production and therefore the income and well-being of the farmers involved. In this dissertation, the land titling project is placed within the context of the history of agrarian reform in Honduras. The titling project called for a baseline study and final evaluation. These were carried out in 1983 and 1988, respectively. The author was able to obtain these data and re-interview the same farmers in 1993. These farmers are from two regions, one of which was titled and another which was not. The interviews gathered data on production, credit, use of inputs, investments, income and general socio-economic indicators. These data are used to determine the extent to which the goals of the tiding project have been met. A stochastic frontier production function is used to estimate farm-level technical efficiency. Following this, these technical efficiency scores are regressed on various factors such as education, credit and technical assistance to estimate their possible effects on technical efficiency. Finally, simultaneous equations are used to estimate the relationships among these variables. In general, ten years after the start of the project, the original goals have not been achieved. This analysis found that titling does not affect technical efficiency, access to credit, or the use of inputs. Education and technical assistance are the two factors that are consistently the most significant in meeting the project's stated goals. This analysis suggests that basic education and technical assistance, rather than expensive land titling projects, should be promoted to enhance access to credit, the use of inputs and increased technical efficiency.
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Bhe, Ntomboxolo Grace. "Land restitution policy in old West Bank location, East London." Thesis, Nelson Mandela Metropolitan University, 2017. http://hdl.handle.net/10948/14620.
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This thesis summarises research on the implementation of land restitution policy in the old West Bank Location, in East London. Apartheid legislation dispossessed many Black people of their land. After 1994, the new democratic government implemented a land reform programme, land policy was reviewed, and people were compensated for the loss of land either financially or through restoration of their land. The original cut-off date for claims was 1998, but the window for claims was reopened in July 2014 because of difficulties in implementation. The period for the lodging of claims was extended to end June 2019 to allow people who had not yet been able to do so to participate in the process. In case of the old West Bank Location claims, compensation was in the form of land restoration, including houses which would be built for the claimants. This study documents the successes and challenges encountered in the implementation of land policy in the old West Bank Location. Triangulation of methods was used: data were collected from documents, interviews with claimants, interviews with government officials, and observation of meetings. Recommendations with regard to land policy are made on the basis of the research findings.
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Hamidin, Abd Hamid. "Unfinished business : the implementation of Land Titles Ordinance in coastal Kenya, 1908-1940's." Thesis, SOAS, University of London, 2000. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.518934.
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The thesis examines the history of colonial land administration in the coastal region of Kenya between the 1890s and 1940s. Prior to the coming of British colonialism, customary law and Islamic law had governed land disputes in the region. Colonial intervention brought a new concept of land ownership and a new structure for the registration of titles and ownership. The Land Titles Ordinance of 1908 (LTO) was introduced to solve the conflict between Islamic law and customary practice. The L TO was implemented with an eye towards other government policies, notably the creation of designated Native Reserves for the African population and the provision of adequate labour supply for colonial commercial activities. The operation of the L TO was therefore complicated by a number of competing interests. Initial attempts to implement the L TO were only partly successful, and proved to be very costly. As a consequence, government ceased to actively apply the Ordinance in 1922. The thesis will assess the outcome of these early phases of this land reform. By the early 1920s, the colonial government had defined the legal boundaries between different categories of land. However, the LTO had undermined and further complicated existing understanding of Islamic law and customary practice as these related to land. It will be shown that the terms of the LTO in adjudicating ownership contradicted the prevailing local understanding in several important ways. As a result, some Africans found themselves to be denied access to land they believed to be rightfully theirs, while other groups, most notably among the elite were able to exploit the new circumstances to enlarge their personal land holding. One feature of these changes was that ethnicity became an increasingly important determinant of access to land. During the early 1930s, the government sought to again resolve outstanding land questions with the appointment of the Land Commission. This commission concentrated on the White Highlands of central Kenya but also collected a vast amount of data on land problems at the coast. Chapter Five of the thesis examines this material in detail, in particular the special report of Sir Ernest Dowson. Dowson's study emphasized the need to complete the unfinished business of the L TO and provided a scheme for accomplishing this. Over the next decades, however, government showed lack of will to tackle the problems. As a result, land issues in the coastal region remain unresolved. The thesis concludes with some comments on the continuing importance of land litigation at the coast in the 1950s and beyond.
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Lee, Hin. "An evaluation of urban land acquisition policy in the New Territories." [Hong Kong : University of Hong Kong], 1985. http://sunzi.lib.hku.hk/hkuto/record.jsp?B12316039.
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Hakopa, Henry Hauiti, and n/a. "Ka pu te ruha, ka hao te rangatahi." University of Otago. Department of Information Science, 1998. http://adt.otago.ac.nz./public/adt-NZDU20070524.125029.
Full textAbstract:
The relationship between Maori and land is imperative. It forms the basis for developing conceptual blueprints fundamental to producing a data model from a Maori paradigm and integrating that cultural paradigm with western information systems technology.
The primary objective of this thesis focuses on blending ancient Maori techniques for managing land information with the advanced tools offered by information systems technology. Like other oral traditions, information about ancestral land and resources were registered in the memories of tribal elders and leaders. Today Maori land information found in the Maori land courts are largely paper-based. By contrast, western civilisations have adapted quickly to computerised systems for managing land information. Unfortunately for Maori, most GIS tend to operate on models influenced by the viewpoint of the dominating culture and their world view. This poses challenges and risks for Maori.
This research rejects the idea of adopting technology wholesale, based on western paradigms. Argued from an eclectic theoretical approach incorpating a Maori world view, this study captures the cultural concept of land, develops a conceptual blueprint based on that perspective, and engages that cultural stamp into a western system of managing land information.
Thus a blend of the old and the new techniques for managing Maori land information is incorporated, hence ka pu te ruha, ka hao te rangatahi.
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Louis-Sidney, Marguerite. "Régularisation foncière de l’occupation sans titre de la propriété des personnes publiques dans les collectivités territoriales de l’article 73 de la Constitution." Thesis, Antilles, 2019. http://www.theses.fr/2019ANTI0498.
Full textAbstract:
L’occupation sans titre porte atteinte au droit de propriété des personnes publiques sur leurs domaines public et privé. Il s’agit de faits récurrents dans les collectivités territoriales de l’article 73 de la Constitution que sont la Guadeloupe, la Martinique, la Guyane, La Réunion, et Mayotte. Pour juguler cette occupation illégale, vectrice d’insécurité juridique et foncière, nonobstant l’atteinte portée à leur droit de propriété, ces personnes publiques procèdent à des régularisations foncières axées sur la délivrance ou la validation d’un titre de propriété au profit des occupants sans titre de leur domaine public, dont la zone des cinquante pas géométriques, grâce à des dispositifs légaux, et de leur domaine privé, grâce à des dispositifs locaux. Ces procédures de régularisation sont-elles appropriées pour répondre de manière définitive à l’objectif du législateur de juguler l’occupation sans titre outre-mer, dans les collectivités territoriales de l’article 73 de la Constitution, et ne constituent-t-elles pas la légitimation d’une atteinte portée au droit de propriété des personnes publiques = ? Devant la persistance de l’occupation sans titre outre-mer, il conviendrait de passer d’une régularisation foncière à moyens inégaux à une régularisation d’intérêt public, mieux encadrée. La régularisation foncière est une limite nécessaire au droit de propriété, dont le fondement est dans la volonté du propriétaire, dans l’intérêt public, voire dans l’utilité publique. Adossée au respect de la dignité humaine et au droit au logement digne, elle induit une amélioration de ses outils, et contribue à l’émergence d’un véritable droit de la régularisation foncière outre-mer<br>Untitled occupancy infringes the property rights of public persons in their public and private domains. These are recurrent facts in the local authorities of Article 73 of the Constitution: Guadeloupe, Martinique, Guyana, Reunion, and Mayotte. To curb this illegal occupation, which is the vector of legal and land insecurity, notwithstanding the infringement of their property rights, these public persons carry out land regularizations focused on the issuance or validation of a title of property for the benefit of untitled people of their public domain, including the fifty geometric steps zone, through legal arrangements, and their private domain, through local arrangements. However, the question is: are these regularization procedures appropriate to definitively respond to Parliament's objective of curbing untitled overseas occupation in local authorities of Article 73 of the Constitution and, on the contrary, do they not constitute the legitimization of an infringement on the property rights of public persons? Given the persistence of untitled occupation overseas, it would be appropriate to move from unequal land regularization to public interest land regularization, better regulated. Land regularization is a necessary limit to the right of ownership, the basis of which is in the will of the owner, in the public interest, or even in the public utility. Backed by respect for human dignity and the right to dignified housing, it leads to an improvement in its tools, and contributes to the emergence of a real right of land regularization overseas
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Ng, Wai-man. "Village revitalisation/disintegration : an assessment of suburbanisation, land administration and small house development in the New Territories /." Hong Kong : University of Hong Kong, 1996. http://sunzi.lib.hku.hk/hkuto/record.jsp?B18154621.
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Lee, Hin, and 李軒. "An evaluation of urban land acquisition policy in the New Territories." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 1985. http://hub.hku.hk/bib/B3197448X.
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Esposito, Antonio Kurt. "The history of the Torrens system of land registration with special reference to its German origins." Adelaide, S.A. : School of Law, University of Adelaide, 2000. http://web4.library.adelaide.edu.au/theses/09LM/09lme77.pdf.
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Includes bibliographical references. The origins of the Torrens System of land registration are not clear. Examines the claim of Dr. Ulrich Hübbe who asserted that he collaborated with Torrens to bring about the adoption of the land law of his hometown Hamburg in the form of the Real Property Act 1858 (SA). An historical examination (collecting and analysing all relevant historical sources), shows that it is likely that Hübbe was the actual draftsman, while a comparative legal analysis (contrasting Hamburg's land law at the beginning of the 19th century with the first bill of the Act) demonstrates that there is a strong similarity between Hamburg's land registration system and the original Torrens System; and, that the outstanding differences between the systems can be explained by the natural adaptation processes which are implied by the adoption of laws.
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Serumula, Doreen Lame. "The relevance of the South African sectional titles law in interpretation and application of the sectional titles legislation of Botswana : an analysis of provisions pertaining to establishment of schemes." Thesis, Stellenbosch : University of Stellenbosch, 2004. http://hdl.handle.net/10019.1/15599.
Full textAbstract:
Thesis (LLM )-University of Stellenbosch, 2004.<br>150 leaves printed on single pages, preliminary pages i-xi and numbered pages 1-138. Includes bibliography.<br>Digitized at 600 dpi grayscale to pdf format (OCR), using a Bizhub 250 Konica Minolta Scanner.<br>ENGLISH ABSTRACT: The concept of sectional ownership has been unknown in the Botswana common law
because of the maxim superficies solo cedit, which does not recognize separate ownership
of apartments in a building. The law must always serve the felt and real needs of the times,
and in order to give effect to those needs, the Botswana Sectional Titles Act was enacted in
1999. It is based on the South African Sectional Titles Act of 1986, as amended, which
repealed the 1971 Act.
In this thesis, a comparative analysis of the South African and Botswana sectional titles law
is made to determine whether and, if so, how the existing position in the South African
sectional titles law could aid interpretation and application of the sectional titles legislation
of Botswana, specifically pertaining to aspects of establishment of sectional title schemes.
The main focus is on the legislative provisions of both jurisdictions. However, South
African case law is also considered.
Landownership and sectional titles is discussed, to determine whether sectional ownership
is genuine ownership. This entails a discussion on the publicity principle, which in the case
of land is normally achieved by means of registration in the Deeds Registries. The thesis
analyses the Botswana and South African statutes on the requirements and procedures
involved in the establishment of sectional title schemes to bring to light any shortcomings
that may exist in either of the two statutes. An understanding of the shortcomings of the
South African statute is relevant to the interpretation and application of the Botswana
statute. An examination of the procedural aspects of establishment of a sectional title
scheme, as well as the roles of the parties involved in the establishment thereof is
undertaken, so as to identify consequences that may ensue if they fail to comply with the
requirements of either of the statutes. Consequently, a comparative analysis on the effect of
registration of the sectional plan and opening of the sectional title register is made.
Although it is not suggested that the Botswana Act should be completely similar to the
South African Act, as Botswana may have its own peculiar circumstances, suggestions as to
the amendment of the Botswana statute are made. Amendments would make the Botswana
Act even more flexible, and would open up the possibilities of development to achieve greater access to land. Further more improvements to the Act will have to be made, some
before its implementation, and some after a period of application of the Act, as real
practical problems become apparent.<br>AFRIKAANSE OPSOMMING: Die konsep van deeltitel was tot dusver in Botswana se gemenereg onbekend weens die
maxim superficies solo cedit, wat nie aparte eienaarskap van woonstelle in 'n gebou erken
nie. Die wet moet altyd die werklike behoeftes van die tyd dien, en om te voldoen aan
daardie behoeftes is die Botswana Wet op Deeltitels in 1999 uitgevaardig. Dit is gebaseer op
die Suid-Afrikaanse Wet op Deeltitels van 1986, soos gewysig, wat die 1971 Wet herroep
het.
In hierdie tesis word 'n vergelykende studie gedoen van die Suid-Afrikaanse Wet op
Deeltitels en die gelyknamige Wet in Botswana om te bepaal of, en indien wel, hoe die
bestaande posisie in die Suid-Afrikaanse Wet op Deeltitels kan help met die interpretasie en
toepassing van die deeltitel wetgewing van Botswana, veral waar dit gaan oor die vestiging
van deeltitelskemas. Die tesis fokus op die wetgewende bepalings in albei lande, maar
konsentreer op probleemareas in die nuwe Deeltitel wet van Botswana.
Grondeienaarskap en deeltitels word bespreek om te bepaal of deeltiteleienaarskap werklike
eienaarskap is. Dit behels 'n bespreking van die publisiteitsbeginsel, waaraan gewoonlik, in
die geval van grond, voldoen word deur registrasie in die Akteregister. Die tesis ontleed die
Suid-Afrikaanse statuut en die statuut van Botswana wat gaan oor die vereistes en
prosedures betrokke by die vestiging van deeltitelskemas en enige tekortkominge wat
bestaan in enige van die twee statute. Dit is belangrik om die tekortkominge van die Suid-Afrikaanse
statuut te begryp, as die statuut van Botswana geinterpreteer en toegepas moet
word. Die prosedures wat gevolg word in die vestiging van 'n deeltitelskema, asook die
rolle van die verskillende partye betrokke, word bespreek sodat die gevolge as daar nie aan
die vereistes van die statuut voldoen word nie, identifiseer kan word. Gevolglik word 'n
vergelykende ontleding gedoen van die effek van registrasie van die deeltitelplan en die
opening van die deeltitelregister. Die slothoofstuk bevat aanbevelings vir verdere
navorsing.
Alhoewel daar nie voorgestel word dat die wet in Botswana identies aan die Suid-Afrikaanse
wet moet wees nie, (Botswana het te make met ander omstandighede) word
voorstelle aan die hand gedoen vir die wysiging van die wet in Botswana. Hierdie wysigings sal die wet meer buigsaam maak en daar sal meer moontlikhede wees vir
ontwikkeling wat groter toegang tot grond sal bewerkstellig. Verder sal daar verbeterings
aan die wet aangebring moet word nadat dit eers in werking getree het en die werklike
probleme kop uitsteek.
34
Ng, Wai-man, and 吳慧敏. "Village revitalisation/disintegration: an assessment of suburbanisation, land administration and small housedevelopment in the New Territories." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 1996. http://hub.hku.hk/bib/B31259212.
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Sheler, Rebecca Joy. "The impact of agricultural drainage systems on hydrologic responses." Thesis, University of Iowa, 2013. https://ir.uiowa.edu/etd/2630.
Full textAbstract:
Over the past century of settlement, the landscapes of the Midwestern United States have experienced extensive anthropogenic modifications in order to convert prior wetlands-lowlands to subsequent fruitful croplands. The hydrologic responses of these landscapes have been significantly altered by the installation of artificial drainage (surface ditches and subsurface tile drains) and the change in natural preferential flow paths (increased cracks or root holes due to land use practices). Changes to peak stream flow behaviors is a result of many different inter-related variables; however, intensified agricultural drainage remains one of the largest suspects. Though the effects of subsurface drainage (primarily in the form of tile drains) on landscape, hydrology, ecology, and economy have been questioned, theories of hydrologic controls continue to be vague at best. Soil-Water-Atmosphere-Plant, known as SWAP, was developed to simulate the interaction of vegetation development with the transport of water, solutes, and heat in the unsaturated zone. It is a one-dimensional, vertically directed model with a domain reaching from a plane just above the canopy to a plane in the shallow saturated zone. In the horizontal direction, the model's main focus is the field scale since most transport processes can be described in a deterministic way. The SWAP model was calibrated and validated for simulating flow regimes of drained and undrained landscapes in Iowa. A new term `flashiness' is used to characterize flow data. The Richards-Baker Flashiness Index quantifies the frequency and intensity of short term changes in streamflow. From the simulated results, the effect of anthropomorphic modifications to a landscape is determined to be strongly influenced by soil structural properties and hydraulic properties, along with rainfall regimes. Adding subsurface drains to soils with lower hydraulic conductivities, such as clay, tends to reduce peak flows during precipitation events. Conversely, adding drainage to soils with higher hydraulic conductivities, such as sand, increases peak flows. During years with heavy precipitation, soils with lower permeability show a `saddle shape' relationship between the flashiness index and the distance between tile drains produces. The lowest point of the `saddle' determines the ideal drain spacing for mitigating flashiness. When the shrinking and cracking of clay soils is considered, macropores dominate water flow pathways into the soil matrix and tile drains have a minimal effect on the flow regime. The volume of macropores at the surface of the soil profile is indirectly proportional to flashiness index. Independent of rainfall regimes, cropping season, and soil type, subsurface flows of drained landscapes always exceed that of undrained landscapes. Continuance of comprehensive studies of artificial subsurface drainage can produce positive impacts on engineering, economic, and ecological environments.
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Jacobs, Petrus Jacobus. "Tenure security under the Communal Property Associations Act 28 of 1996 : an analysis of establishment and management procedures with comparative reference to the Sectional Titles Act 95 of 1986." Thesis, Stellenbosch : University of Stellenbosch, 2011. http://hdl.handle.net/10019.1/6678.
Full textAbstract:
Thesis (LLM )-- University of Stellenbosch, 2011.<br>ENGLISH ABSTRACT: This thesis discusses the efficacy of procedures involving communal participation in the management of land by communal property associations, and how this contributes to the promotion of security of tenure as envisaged by the South African Land Reform programme. The Communal Property Associations Act 28 of 1996 (CPA Act) is aimed at regulating communal living arrangements to create security of tenure for its respective landholders. However, the general opinion of commentators in the land reform sector has continued to be that communal property institutions are ineffective and generally fail. Many assert that problems experienced are symptoms of a wider weakness relating to the institutional design of the juristic person, its regulation and the support it receives. To determine the strength of this assertion, the concept and conditions of security of tenure in South African law, and the obstacles hampering it, are investigated. Security of tenure is especially important as it provides a foundation from which land holders can exercise their rights productively.
This is followed by an overview of the existing legal mechanisms for communal living arrangements that are similar to the arrangements catered for in the CPA Act. One of these arrangements, namely the Sectional Titles Act is used to compare mechanisms similar to the establishment and management procedures in the CPA Act. The main conclusion regarding establishment procedures is that many of the provisions of the CPA Act are not being implemented properly. While some institutional problems exist and must be addressed, negotiation with and guidance by the Department of Rural Development and Land Reform are necessary to overcome such problems. An inadequate establishment process will only lead to problems and conflict in the management phase that could hamper security of tenure. Communal property associations are managed by an organisation structure comprising of a juristic person, a committee and the community. The thesis shows that committee members often lack the necessary training to fulfil their duties adequately. The CPA Act also allow communal property associations too much discretion in allocating powers and functions of the committee that can lead to paralysis in decision-making processes. The Department Rural Development and Land Reform has extensive powers to monitor and intervene in matters of the association if problems exist, but in practice such measures are not resorted to. These problems create dysfunction in many communal property associations. While the CPA Act can provide security of tenure for communities, the most significant obstacle is the lack of support from the Department of Rural Development and Land Reform in implementing the provisions of the CPA Act.<br>AFRIKAANSE OPSOMMING: Hierdie tesis handel oor die doeltreffendheid van die prosedures rondom die deelname van gemeenskappe aan die bestuur van grond in gemeenskaplike eiendomsverenigings, en hoe dit bydra tot die bevordering van die onaantasbaarheid van grondregte, soos beoog deur die Suid-Afrikaanse grondhervormingsprogram. Die Communal Property Associations Act 28 of 1996 (CPA Wet) het ten doel om gemeenskaplike bewoning van grond te reguleer ten einde om sekerheid vir houers van grond in die hand te werk. Die heersende mening van kommentatore in die grondhervormingsektor is nietemin nog steeds dat gemeenskaplike eiendomsinstellings ondoeltreffend is, en oor die algemeen misluk. Verskeie kommentatore doen aan die hand dat die heersende probleme simptome is van onderliggende tekortkominge in die wyse waarop die regspersoon saamgestel word en hoe dit gereguleer en ondersteun word. Ten einde hierdie opvatting te deurgrond, word daar in hierdie tesis gekyk na die omstandighede waaronder onaantasbaarheid van grondregte bewerkstellig kan word in die Suid-Afrikaanse reg, en na die struikelblokke wat bestaan om heirdie doel te bereik. Onaantasbaarheid van grondregte is belangrik, veral omdat dit die basis is waarop houers van grond in staat gestel word om hul regte produktief uit te oefen.
Hierna volg ‘n oorsig van die bestaande regsmeganismes vir gemeenskaplike bewoning van grond, wat soortgelyk is aan dié van die CPA Wet. Een sodanige opset is die Deeltitelswet, wat gebruik word om soortgelyke meganismes vir die totstandkoming van en die bestuursprosedures van die CPA Wet te vergelyk. Die gevolgtrekking met betrekking tot totstandkomingsprosedures is dat die bepalings van die CPA Wet nie behoorlik in werking gestel is nie. Benewens die institusionele probleme wat aangespreek moet word, is onderhandeling met en leiding deur die Departement van Landelike Ontwikkeling en Grondhervorming nodig, om bestaande struikelblokke uit die weg te ruim. ‘n Ontoereikende totstandkomingsproses sal slegs lei tot verdere probleme en geskille in die latere bestuur van die skema wanneer die skema bestuur moet word. Dit werk onsekerheid m.b.t. die grondregte in die hand. Die bestuurstruktuur van gemeenskaplike eiendomsverenigings bestaan uit ‘n regspersoon, ‘n komitee en die gemeenskap. Die tesis dui aan dat komiteelede dikwels nie voldoende opgelei is om hul funksies behoorlik te vervul nie. Die CPA Wet maak ook voorsiening vir te veel diskresionêre begoegdhede in die akte van oprigting en die bepalings omtrent die funksies van die komitee, wat die besluitnemingsproses kan lamlê. Die Departement van Plaaslike Ontwikkeling en Grondhervorming het verreikende magte m.b.t monitering en intervensie in die sake van die verenigings, waar probleme bestaan. In die praktyk word hierdie bevoegdhede egter nie aangewend soos beoog nie. Die probleme versoorsaak dat gemeenkskaplike eiendomsverenigings nie na behore funksioneer nie. Die wetsbepalings kan onaantasbaarheid van grondregte vir gemeenskappe in die hand werk, maar die grootste struikelblok is die behoorlike implementering van die wetsbepalings.
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Duquet, Pascal. "La controverse historique entourant la survie du titre aborigène sur le territoire compris dans les limites de ce qu'était la province de Québec en 1763." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1999. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp03/MQ38075.pdf.
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Álvarez, Correa Lily. "Catastro de propiedad en Chile: orígenes y evolución." Doctoral thesis, Universitat de Barcelona, 2014. http://hdl.handle.net/10803/145497.
Full textAbstract:
La Tesis expone de forma diacrónica la evolución del catastro de propiedad y la tasación de esta misma entre mediados del siglo XVI hasta la actualidad en Chile.
La investigación permitió definir a través de la revisión de fuentes primarias y secundarias la evolución que tuvo el registro predial y el consiguiente pago del impuesto territorial. Se presenta una visión global del avance del catastro predial a escala nacional, sustentada en información relevante que aportó al estudio.
Si bien son numerosas las instituciones involucradas en dicho proceso, así como las diversas leyes que se dictaron y se actualizaron acorde a las necesidades del momento, es posible identificar un interés desde el Estado por desarrollar esta labor.
El estudio permitió comprobar la existencia de un registro predial desde la llegada de los conquistadores al territorio nacional y que la propiedad tuvo un valor y tasación al momento de asignarla como compensación por las labores efectuadas. Posterior a esta etapa se evidencia la valorización de la propiedad por parte de los usos y sus rendimientos económicos, generándose disputas entre los vecinos involucrados, por problemas de deslindes prediales que se suscitaban por sus parcelaciones.
Paralelamente, el naciente Estado republicano necesitó catastrar los recursos del país para conocer sus recursos con cierta exactitud y para ello se ve en la necesidad de contratar a inicios del siglo XIX a una sucesión de científicos europeos, especialmente franceses, para que ayudaran al levantamiento cartográfico y así identificar y expandir el conocimiento de la nación.
Hacia finales del siglo XIX y comienzos del siglo XX se diseñan instituciones públicas que con la finalidad de fortalecer al conocimiento y tasación predial, entre ellas destacan la Oficina de Mensura de Tierras, el Servicio de Impuestos Internos, el Instituto Geográfico Militar, el Ministerio de Bienes Nacionales y el Sistema Nacional de Coordinación de Información Territorial, cada una con labores específicas al aporte del catastro de propiedad. Así como una serie de leyes que abordan el avalúo y la tasación predial. Se suma a las entidades la labor que realizan los municipios en el desarrollo de esta actividad. El municipio de Santiago es puesto en el centro del análisis porque es el caso que ostenta ser el ejemplo que representa la evolución de los sistemas catastrales desde la fundación hasta el día de hoy.
Se concluye que es posible constatar un interés constante por parte del Estado por valorar la propiedad en diferentes períodos de la historia del país, complejizado dicha actividad por el desconocimiento que se tenía de las características del territorio que comprendía la nación y por la necesidad de tener un catastro predial unificado, que diese cuenta de un modo efectivo de los usos y actividades que puedan servir de modo efectivo a las arcas fiscales<br>The thesis describes in a diachronic way the evolution of the property cadastre and its appraisal, between half of XVI century until the current time in Chile
The research enabled the definition - trough the review of primary and secondary sources – of the evolution that had the land registry and the subsequent payment of territorial tax. It is also introduced a global overview of the progress of land cadastre, at national level and supported by the relevant information that contributed to this research.
Besides of the many institutions that are involved in this process - the same as Laws issued and updated according to the needs of the moment - it is also possible to identify an interest from the State to develop this work.
The research proved the existence of a land registration from the arrival of conquerors to the national territory, and also the evidence that the land was appraised at the time of its distribution, as a way of compensation for the work performed. Later there is the evidence of the land value according to its uses and economic performance; and debates among the involved neighbours, due to problems related to land boundaries that arose during its subdivisions.
In parallel, the arising Republican State needed to cadastre the national resources with some accuracy, and for this reason European scientists were hired in the early nineteenth century, especially French ones, to assist the mapping, identification and expansion of the knowledge about the nation.
By the late nineteenth century and early twentieth there were public institutions created to strengthen the land knowledge and its appraisal; among them are outstanding: The Mensuration Land Office, The National Tax Office, The Military Geographic Institute, The Ministry of National Goods and the National Department for the Coordination of Land Information, each one with specific tasks to contribute with land cadastre works. In addition to these organizations there is a Municipal action related to the development of this activity. The Municipality of Santiago is placed in the center of the analysis because it represents the example of the evolution of cadastral systems from its founding to current days.
Finally the conclusion is that it is s possible to find along history a constant interest of the State for appraising properties, making this activity a more complex process due to the lack of knowledge about the characteristics of the land that formed the nation and by the need of a unified cadaster, which could have shown in an effective way the uses and activities that may have contributed effectively to the State incomes.
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甄代嫦. "從交易安全角度探討澳門不動產登記法律制度". Thesis, University of Macau, 2008. http://umaclib3.umac.mo/record=b1879928.
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Mrdjen, Igor. "Harmful Algal Blooms in Small Lakes: Causes, Health Risks, and Novel Exposure Prevention Strategies." The Ohio State University, 2018. http://rave.ohiolink.edu/etdc/view?acc_num=osu1531135626251706.
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Oliboni, Luiza Maria. "Cadastro ambiental rural como instrumento da administração pública para a proteção do meio ambiente sob a perspectiva da democracia deliberativa de Habermas." reponame:Repositório Institucional da UCS, 2018. https://repositorio.ucs.br/handle/11338/3676.
Full textAbstract:
Este trabalho busca verificar, por meio da análise do processo de criação e implementação do Cadastro Ambiental Rural a partir da perspectiva da democracia deliberativa de Habermas, a possibilidade de tal instrumento se transformar em objeto de políticas públicas que proporcionem uma proteção ambiental efetiva. Tenciona também investigar as finalidades do CAR enquanto instrumento da Administração Pública em suas funções reativa e proativa, utilizando como abordagem a contextualização do referido instrumento, incluindo questões relativas ao Código Florestal de 2012, lei na qual está inserido, para posteriormente descrever seus diferentes aspectos. Estes compreendem o CAR como materialização do direito à informação ambiental, sua função de combate ao desmatamento e pressuposto do Programa de Regularização Ambiental, além de seu papel no zoneamento ambiental. Também é feita uma análise do processo de implementação do Cadastro Ambiental Rural em Caxias do Sul à luz da teoria de Habermas, da qual são explicitados elementos referentes ao procedimento, princípios e formas de aplicação. A metodologia adotada é a hipotético-dedutiva, utilizando as técnicas de pesquisa bibliográfica e documental. Como resultados da pesquisa, destacam-se a constatação acerca da multiplicidade de potencialidades do CAR, que pode servir de base para diferentes ações e políticas de proteção ambiental, assim como a real possibilidade e urgente necessidade de ampliar, aprimorar e consolidar mecanismos deliberativos na tomada de decisões públicas, bem como na implementação de políticas públicas de cunho ambiental no Brasil.<br>This work seeks to check, through the analysis of the process of creation and implementation of the Rural Environmental Registry from Habermas deliberative democracy perspective, the possibility of this tool to become an object of public policy, providing an effective environmental protection. It also aims to investigate the goals of the Rural Environmental Registry as a tool of Public Administration in its reactive and proactive functions, using as approach its context, including issues about the Forest Code of 2012, law in which the Rural Environmental Registry is envisaged, to later describe its main aspects. These include the Rural Environmental Registry as embodiment of the right to environmental information, its function in the fight against deforestation and as requisite for joining the Program for Environmental Regularization, besides its roll in the environmental zoning. It is also done an analysis of the process of implementation of the Rural Environmental Registry in Caxias do Sul under the perspective of Habermas theory. In this context, the work explains elements about the procedure, principles and forms of execution of this theory. It is adopted the hypothectical-deductive methodology, using bibliographic and documentary techniques. As results of this research, it is possible to highlight the conclusion about the multiplicity of potentialities of the Rural Environmental Registry that may become a basis for several actions and environmental protection policies, such as the real possibility and urgent necessity of expanding, improving and consolidating deliberative mechanisms in the taking of public decisions, as well as in the implementation of environmetal public policy in Brazil.
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Van, den Haute Erik. "Harmonisation européenne du crédit hypothécaire: perspectives de droit comparé, de droit international privé et de droit européen." Doctoral thesis, Universite Libre de Bruxelles, 2008. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/210458.
Full textAbstract:
La réalisation du marché intérieur européen par une meilleure intégration des marchés financiers est aujourd’hui devenue une réalité. L'objectif est toutefois loin d'être atteint en matière de crédit hypothécaire, nonobstant de nombreuses initiatives européennes. Compte tenu de ces difficultés et du postulat selon lequel il serait impossible d'harmoniser le droit des suretés immobilières en raison de leur ancrage culturel et national, une proposition alternative consistant dans la création d'une sûreté immobilière commune (euro-hypothèque), venant se superposer aux systèmes nationaux, a été formulée depuis un certain nombre d'années. La recherche analyse dans un premier temps la réalité du postulat précité à la lumière du droit comparé et conclut qu'en réalité, les différents systèmes trouvent non seulement leur origine dans un modèle identique, fondé sur le caractère accessoire de la sûreté, mais ont en outre connu une évolution similaire au cours de ces dernières années. Il apparaît que ce modèle constitue la meilleure base pour toute harmonisation européenne. Après avoir examiné l'interaction avec le droit international privé, sous l'angle de la protection du consommateur, et le droit européen, sous l'angle de la question de la compétence communautaire et du principe de subsidiarité, des pistes sont proposés pour opérer un rapprochement des législations nationales relatives au crédit hypothécaire. La proposition consiste à intégrer dans un seul instrument juridique contraignant (une directive européenne) les différentes propositions permettant d'opérer un rapprochement des législations nationales à trois niveaux :celui de la sûreté immobilière et de la publicité foncier, celui du contrat de prêt et enfin, celui relatif à la procédure de réalisation de l'immeuble.<br>Doctorat en droit<br>info:eu-repo/semantics/nonPublished
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Tunková, Martina. "Městské lázně." Master's thesis, Vysoké učení technické v Brně. Fakulta architektury, 2010. http://www.nusl.cz/ntk/nusl-215713.
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Bulan, Ramy. "Native title in Sarawak, Malaysia : Kelabit land rights in transition." Phd thesis, 2005. http://hdl.handle.net/1885/150297.
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Solnick, Tim. "Power, resistance and the law in a British Columbia land title trial." Thesis, 1992. http://hdl.handle.net/2429/3219.
Full textAbstract:
In Canada the law and the law courts have played and continue to play a
prominent part in First Nations struggles for self-government and for their
land. As such, the role of law demands assessment. Is the legalization of
these struggles working to diffuse the efforts of the First Nations? Or do
the law and the courts facilitate the process of decolonization in Canada? In
this thesis, I investigate these questions with respect to a 1992 British
Columbia Supreme Court trial, Delgamuukw v. Province of British
Columbia and the Attorney-General of Canada. In this case, the
Gitksan and Wet'suwet'en First Nations sued the province of British
Columbia for ownership and jurisdiction of their territories. Analysing this
trial, I suggest first, that the practices and procedures of the legal process
reinforced colonialist power relations. The decision to the trial configures
strategies of colonization with legal knowledge practices, and re-writes the
Gitksan and Wet'suwet'en struggle for their land into legal question
formulated on the basis of colonialist discourses. As a site of debate, the
court-room encourages the configuration of legal and colonial modes of
power because its form and structure promote the exclusion and
devalorization of First Nations discourses and knowledges. But, secondly,
the specific aspects of the trial indicate that First Nations use of and
resistance in the court-room has the potential to enter into and
substantively alter the law. Gitksan and Wet'suwet'en people and their
lawyers use the court-room, its procedures and the knowledge practices
associated with them, such as mapping and writing, to oppose the
operations of colonialist strategies. The emergence of a group of lawyers
who accept the validity of First Nations knowledge in court, in association
with these resistances, suggests the possibility for substantive changes to the law. Inherent in the struggle of this group of lawyers for control over
the means of legal interpretation is the potential for the widespread
legitimation of First Nations knowledges and discourses in the legal sphere.
In this way, my analysis indicates that during Delgamuukw the law and
the courts operated in a dual fashion, on the one hand working with
colonialist power, but on the other providing space for First Nations
resistance to that power; it also underscores the efficacy of that resistance.
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Kurtz, Eric Richard. "Reframing the debate over land title and management indigenous use of counter mapping in the Argentine Chaco /." 2001. http://catalog.hathitrust.org/api/volumes/oclc/48161067.html.
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Thesis (M.S.)--University of Wisconsin--Madison, 2001.<br>Typescript. eContent provider-neutral record in process. Description based on print version record. Includes bibliographical references (leaves 96-102).
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Corbett, Lee School of Sociology & Anthropology UNSW. "Native title & constitutionalism: constructing the future of indigenous citizenship in Australia." 2007. http://handle.unsw.edu.au/1959.4/40710.
Full textAbstract:
This thesis argues that native title rights are fundamental to Indigenous citizenship in Australia. It does this by developing a normative conception of citizenship in connection with a model of constitutionalism. Here, citizenship is more than a legal status. It refers to the norms of individual rights coupled with democratic responsibility that are attached to the person in a liberal-democracy. Constitutionalism provides the framework for understanding the manner in which Australian society realizes these norms. This thesis focuses on a society attempting to grapple with issues of postcolonialism. A fundamental question faced in these societies is the legitimacy of group rights based in pre-colonization norms. This thesis argues that these rights can be legitimized when constitutionalism is understood as originating in the deliberations connecting civil society with the state; which deliberations reconcile individual rights with group rights in such a way as to resolve the issue of their competing claims to legitimacy. Civil society is the social space in which politico-legal norms collide with action. The argument constructed here is that native title is built on norms that have the potential (it is a counterfactual argument) to contribute to a postcolonial civil society. This is one in which colonizer and colonized coordinate their action in a mutual search for acceptable solutions to the question 'how do we live together?'. The optimistic analysis is tempered by a consideration of the development of native title law. The jurisprudence of the High Court after the Wik's Case has undermined the potential of native title to play a transformative role. It has undermined Indigenous Australians' place in civil society, and their status as equal individuals and responsible citizens. In seeking to explain this, the thesis turns from jurisprudence to political sociology, and argues that an alternative model of constitutionalism and civil society has supplanted the postcolonial; viz., the neoliberal.
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Delpero, Jackie. "The Tide of History: Australian Native Title Discourse in Global Perspective." Thesis, 2003. https://vuir.vu.edu.au/18157/.
Full textAbstract:
Australian native-title law has many inconsistencies and contradictions. Emanating
from the Mabo decision is the central contradiction that the Crown's acquisition of
sovereignty in Australia was illegitimate but valid. This thesis attempts to identify the
underlying structures beneath this and other contradictions and inconsistencies by
tracing the features of a recent determination of a native title claim back through time.
In 1994, the Yorta Yorta people of south-east Australia made a claim under the Native
Title Act of 1993. The Court framed its determination of the claim within the
metaphor of the 'tide of history'. To make his decision, Justice Olney reconstructed
the Yorta Yorta people's ancestors as native inhabitants from within expansionist
ideology. Within that ideology, the term 'native inhabitant' is synonymous with
inferiority, incompetence and externality. This thesis argues that these representations
justified the processes of cultural modification. Modification is a feature of
colonisation that seeks to make natives resemble Europeans. This thesis argues that
these processes are linked to dispossession and are the essence of the 'tide of history'.
A feature of expansionist ideology is the sovereign imperative to maintain exclusive
power to make, enforce and suspend law. This thesis argues that the sovereign need
for exclusivity in Australia is central to the Native Title Act and the Yorta Yorta
decision. To trace the 'tide of history', this thesis begins with the early Roman
Church and follows its development as it pursued the Petrine mandate. It continues
into the secular era of discovery and considers how the 'tide of history' manifested in
North America and produced the Marshall judgements. It follows the 'tide of history'
into Australia from the Crown's claim to discovery and considers its role in the Mabo
decision and the Native Title Act. It analyses the Yorta Yorta people's claim for
native title through the logic that underpinned the majority judges' reasoning. This
thesis concludes that the 'tide of history' that washed away the Yorta Yorta people's
native title is a product of European expansionist ideology. From within that
ideology, the judiciary and the legislature imposed a two-way loss on the Yorta Yorta
people, which enhanced the Crown's exclusivity, rendering benign the conception of
the Crown's acquisition of sovereignty as illegitimate but valid.
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Kingwill, Rosalie Anne. "The map is not the territory: law and custom in ‘African freehold’: a South African case study." 2013. http://hdl.handle.net/11394/3597.
Full textAbstract:
Philosophiae Doctor - PhD<br>The thesis examines the characteristics of land tenure among African families with freehold title who trace their relationship to the land to their forebears who first acquired title in the mid-nineteenth century. The evidence was drawn from two field sites in the Eastern Cape, Fingo Village, Grahamstown and Rabula in the Keiskammahoek district of the former Ciskei. The evidence, supported by evidence in other Anglophone countries, shows that African familial relationships reminiscent of ‘customary’ concepts of the family, were not, and are not extinguished when
title is issued, though they are altered. Africans with title regard the land as family property held by unilineal descent groups, challenging the western notion of one-to-one proprietal relationships to the land and its devolution. By exploring the intersection between tenure, use and devolution of land, the main findings reveal that local conceptions of land and use diverge considerably from the formal, legal notion of title. Title holders conceive of their land as the property of all recognised members of a patrilineally defined descent group symbolised by the family name. Because freehold is so intimately linked with inheritance, the findings significantly illuminate the social field of gender and kinship. The implications of the findings are that differing concepts of the ‘family’ and ‘property’ are fundamental to the lack of ‘fit’ between the common-law concept of ownership and what I term in the thesis ‘African freehold’. The thesis dissects the implications of culturally constructed variability in familial identities for recognition and transmission of property. Title is legally regulated by Eurocentric notions of both family and property, which lead to significant divergence between western and African interpretations of ownership,
transmission and spatial division of land. The deficiencies of the South African legal mindset with regard to property law are thus fundamentally affected by the deficiencies in recognising the broader field of gender and kinship relations.
The findings fundamentally challenge the dualistic paradigm currently prevalent in much of South African legal thinking, since the factors that are found to affect land tenure relationships cannot be reduced to the binary distinctions that are conventionally drawn in law, such as ‘western’ vs. ‘customary’ or ‘individual’ vs. iii
‘communal’ tenure. Instead, the important sources of validation of social (importantly, familial) and property relationships are found to be common to all property relationships, but are arranged and calibrated according to different normative patterns of recognition. In the case of the subjects in the field sites, these do not fit into the main ‘categories’ of property defined in law. Neither of the main bodies of official law, the common law and customary law, adequately characterise the relationships among the African freehold title holders. The
source of legitimation is, therefore, not the ‘law’ but locally understood norms and practices. The findings suggest that the practices of the freeholders, derived from constructed ideas of kinship and descent, have relevance for a wide range of diverse African land tenure arrangements and categories, and not only ‘African freehold’. The findings therefore have significant implications for law reform more broadly.
The thesis suggests that law reform should move away from models that do not match reality, and in particular should heed the warnings that titling policies as presently designed are particularly poorly aligned with the realities presented in the thesis.
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General, Zachariah. "Akimiski Island, Nunavut, Canada: An Island in Dispute." Thesis, 2012. http://hdl.handle.net/10012/7022.
Full textAbstract:
On April 1, 1999, Akimiski Island, Northwest Territories, Canada, became part of the newly created Inuit-dominated territory of Nunavut, even though the Inuit never asserted Aboriginal title to this island. This is why the Omushkegowuk Cree of the western James Bay region of Ontario, Canada, assert Aboriginal title over this island. Essentially, the Government of Canada has reversed the onus of responsibility for proving Aboriginal title from the Inuit to the Cree. In this paper, we examined whether the Omushkegowuk Cree fulfill all the criteria of the common law test of Aboriginal title with respect to Akimiski Island, utilizing all available printed and online material. All criteria of the common law test of Aboriginal title were met; however, the written record only alludes to the Cree using Akimiski Island at the time of first contact and prior, Cree oral history was consulted to illuminate upon this matter. I documented and employed Cree oral history to establish that Cree traditional use and occupancy of Akimiski Island was “sufficient to be an established fact at the time of assertion of sovereignty by European nations” (INAC, 1993:5; INAC, 2008); thereby, fulfilling criterion 2 of the test for Aboriginal title. As the Cree have now met all criteria of the common law test for proof of Aboriginal title in Canada, with respect to Akimiski Island, a formal land claim should be considered by the Cree.