Н. Г. Веселовская английский язык для специальностей землеустройство Иземельный кадастр
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Lesson 6. EXISTING CADASTRAL SYSTEM
Institutions, characteristics, title, multipurpose, register, assume, jurisdiction, cause, faulty, public, private, experience, financial, computerization, originally, weakness, flexible, cheap.
Vast amount, particular purposes, accurate information, a sustainable basis, modern society, long traditions, faulty registration, public and private sectors, negative effect, civil law system, property registration, low degree of coverage, further indications, legal support. 3. Прочитайте и переведите текст 6А: Text 6А Basic Elements of Cadastral System A Land Cadastre as a Tax Tool and a Land Registry has long traditions. The legal base of modern era of these institutions was created long ago. The following four basic aspects give an overview of the existing cadastral systems: legal and organizational characteristics, levels of planning and control, aspects of multipurpose cadastres, and responsibilities of the public and private sectors. The basic elements of the cadastral systems are different in different countries. Cadastral systems can be based on titles, deeds, or both. Some countries have indicated that their cadastral system is based on titles. The parcel is the basic unit in the others. A civil law system is the legal basis in the most of them. Registration of property rights is also compulsory. In the average cadastral system, legal protection of the registered rights seems to be very good. The legal force of a property registration, however, has at the same time both a positive and negative effect. The positive effect — registered rights — are assumed to be correct and the negative effect — unregistered rights — are assumed to be non-existent. Furthermore, the state is in the most cases liable for any damage that was caused by faulty registration. In most jurisdictions, the cadastral systems include land registration and cadastral mapping. In many countries cadastral maps are part of the register, but not, for example, in most of the Australian states, and in Hong Kong, Greece, and Latvia. Land registration includes such interests in land as the rights, but which are also restrictions and responsibilities. In most cases, the cadastre covers the complete territory of the country. The exceptions are low priority areas which may not always be covered. The cadastres are mainly of a complete character which means that parcels are introduced into the systems in a systematic way. There are two components of strategic plannings — land registration and cadastral mapping. Strategic planning, management, and operational control for both components of the cadastral system are done within the same organization which is, in all cases, from the public sector. But sometimes tasks of strategic planning and management control are separated among different organizations, some of which are even in the private sector. However, the strategic responsibility for the cadastral systems, i.e. strategic planning, is always kept in the hands of the public sector .Cadastral systems were mainly established to serve a legal and/or a fiscal purpose. Historically, land records have been established to serve two main purposes. First, as "fiscal" records, primarily for the public sector, they have served as the basis for the full and accurate taxation of land. Second, as "legal" records for the private sector, they have served as registers of ownership and other land rights. The data of the cadastral systems are used for facilities management, base mapping, value assessment, land use planning, and environmental impact assessment. A legal basis, however, does not exist everywhere for all of these other purposes.
Steady, equipment, legal, official, basic, tool, huge, main, state, persistent, nation, cumbersome.
Dis-: regard, advantage, courage, appear, appoint, count, symmetrical, pleasure. Non-: agricultural, currency, human, durable, effective, persistent, content, communicable, plowable, judicial.
Основные аспекты, во всех случаях, правовые и фискальные цели, частный сектор, влияние окружающей среды, эра нового государственного управления, финансовая часть земельной регистрации, административные недостатки, сильные и слабые стороны, быстрое обслуживание пользователей, точность карт, очень дорогой, часто указывает, низкий уровень (степень) охвата.
1. Ограниченная компьютеризация — слабая сторона системы. 2. Государство постоянно регистрирует земли. 3. В прошлом году в агентстве имели место финансовые и административные недостатки. 4. Землеустроитель проводит сейчас кадастровую съемку. 5. Кадастровые карты есть почти во всех странах. 6. Информация о земле очень полезна для землеустроителей. 7. Кадастровая система защищает права владельцев земли. 8. Землеустроители несут ответственность за оценку земли.
То manage, to arrange, to organize, to work, to survey, to describe, to use, to express, to locate, to consider, to assess, to execute, to change, to improve, to plow.
33 1. A land use planner ... different role in different countries. 2. Land use planning is concerned with a lot of different ... 3. Modern technology ... new possibilities. 4. It's important to ... the speed and lower the ... for cadastral reforms. 5. Computer technology provides better ... to information. 2 Весс.ювская
1. ... this text we discuss the basic determination ... the cadastral system. 2. ... the modern world word combination "land use planning" has a much wider meaning. 3. The public and private sectors are responsible ... all tasks. 4. The strengths ... existing cadastral systems include land registration. 5. Both cadastres and land mapping should be kept simple, and concentrate only ... the data ... their particular purposes.
1. The financial part of land registration is constantly carrying out by the private sector. 2. The weaknesses of the system are gradually decreasing. 3. It's difficult to achieve a high level of integration. 4. An integrated system is developing now. 5. Land use planners are working today on the problem of automating land records.
1. The, basic, now, is, system, of, determination, cadastral, discussing. 2. The, holds, state, all, on, registration, land, responsibilities. 3. Are, some strengths, there, in, system, cadastral, weaknesses, and, the existing. 4. Maps, cadastral, the, part, of, register, are, the. 5. Low, funds, are, budget, of, systems, cadastral, existing, weaknesses.
1. Is a land cadastre a tax tool? 2. Does it have long traditions? 3. When was the legal base of a land cadastre and a land registry created? 4. What are the basic elements of cadastral systems? 5. Does the cadastral system implement legal protection of landowners' rights? 6. Is the state liable for any damage caused by faulty registration? 7. Does the cadastre cover the complete territory of most countries? 8. Are fiscal and legal records the main purposes of cadastral systems?
Text 6В Purposes Served by the Cadastre The Cadastre serves the following purposes: legal, fiscal, facilities management, base mapping, value assessment, land use planning, environmental impact assessment and others. As for responsibilities of public and private sectors it is necessary to distinguish them. In the era of New Public Management, it's important to look at the separation of the responsibilities between the public and the private sectors. Originally the cadastral systems were very much in the hands of the state which held all the responsibilities and which carried out all the tasks that were involved. The experience showed that this is still the case today, although there have been developments going on in recent years which has led to some tasks being taken over by the private sector. In particular, the financing part of land registration and cadastral surveying has to be carried out also by the private sector. There are some strengths and weaknesses in the existing cadastral system. The strengths of existing cadastral systems include state guarantee of title, legal security; fast service for users; complete coverage, comprehensive, liable, secure system. System is computerized and automated, digital data; system serves other purposes (i.e. as basis for land information system — LIS); integration of different systems, land registration and cadastral mapping in one organization; legal support, legal basis; good base mapping; meeting local needs, flexibility in market'adaptation; decentralized, structures/private sectors involvement; cheap system to handle, involvement in economy, centralized management. The most important strengths include the state guarantee of title and the legal security of the system as well as a fast user service, and the complete data coverage. Weaknesses of existing cadastral systems involve limited computerization; link land registration — cadastral mapping is not efficient enough or inappropriate. In some cases national consistency could be greater, administrative control over land by different organizations is necessary. One of the disadvantages are low budget funds and incomplete legal framework, little accuracy of maps and slow updating, slow customer service. Financing mode is unsuitable or very expensive. The system has low degree of coverage and high investment cost. Rigid structure, little flexibility, low level of integration are also disadvantages of the existing cadastral system. 16. Прочитайте текст 6C и раскройте содержание рассматриваемых в нем проблем: Text 6С General Trends Today's European cadastral/land registration systems are all strongly influenced by the land information concept. In short, the main trends can be expressed in the following terms: multiple uses, automation, geocodes and digitization. The cadastre and the land registers were each originally designed for one purpose: taxation and security in rights. But almost from the very start, the information provided and the maps produced were found to be very useful for other purposes as well. Only during recent decades, however, this point has been stressed in the technical design of cadastres and land register. Modern society has developed into an information society, which both requires, and has the ability to produce accurate information. However, if the information is to be convenient to handle, it must be linked to identifiable spatial units. The cadastral land unit is one such unit which is a suitable basis for much information — not only concerning the land itself, but also the people living on the land and many of their activities. This does not, however, mean that cadastre/land register themselves should contain the necessary land information. On the contrary, all experience shows that both cadastres and land registers should be kept simple, and concentrated only on the data required for their particular purposes. The essential thing is the uniquely defined land unit, which can be used as a key for integrating many different records, thus making available a vast amount of relevant land information. It is, however, difficult to achieve such a high level of integration when all records are kept manually. Two records such as a cadastre and a land register could certainly be made to influence each other considerably, and to function as one source of information. But in order to advance from here to an efficient, fully integrated system consisting of several different sub-systems, automation is essential. 17. Прочитайте и письменно переведите текст 6D. Text 6D Entity of Land Records The land unit tends to become a legal entity protected by law. The increasing importance of this moment can be demonstrated. In the past, cadastral and other records were usually arranged according to the names of the current owners. The records in many countries are still indexed in this way, which makes searches difficult as owners are often changed. A cadastre/land register must cover an entire geographical area in order to provide essential benefits from a public point of view. Seen from the viewpoint of the private owner, even a sporadic register can be useful, as it can provide protection for his interests. To fulfill the public goal of establishing complete land records within the area in question, the inclusion of every land unit must be compulsory. Experiences show that voluntary registration is insufficient for establishing comprehensive land records, even in the long term. To satisfy the public goal, the establishment of the records must generally be undertaken systematically, area by area. In practice this means that the costs of establishing the records should be initiated mainly by the government. This is quite logical as comprehensive records are primarily a public interest, at least in the short term. This also applies to mapping. The preparation of comprehensive, registration index maps cannot be financed by private landowners. In developing countries, the resources available for establishing different kinds of land information systems are usually meager. This was also true in many European countries during the nineteenth century. Therefore we have many examples of how cadastres/land registers were started in a very simple way, and then were developed progressively into smoothly operating systems. Sweden and Finland provide two such examples. The German adaptation of a system of titles instead of a system of deeds at the end of the nineteenth century is another example. Every land information system must be able to adapt to new developments and new aims in the future. It must, therefore, be possible to add new types of data, and to make changes. This applies to the technical details as well. For example the numbering system of the land units must be constructed so as not to become too cumbersome to use even after long chains of subdivisions. This is unfortunately not always taken into consideration at the start and may be difficult to change later on. One of the most important factor is that the registration of all transactions in land must be compulsory. For transactions involving a change in boundaries, there should be simple, but mandatory procedures to ensure that all changes are surveyed and mapped before registration takes place. Lesson 7. RUSSIAN CADASTRAL SURVEYS BEFORE AND AFTER PETER THE GREAT
Epoch, sense, appreciate, well-known, magnificent, justify, cruel, compare, obligation, estate, century, peasant, wealthy, waterway, staff, medieval, similarity, archival, tremendous.
Few geographical surveys of cadastral character, late descriptions, introspective Moscow State, Great Reformer, pre-Petrine Russian culture, imperial ideology, the changes in the nature of a cadastre, feudal tax cadastre, low density, abundance of agricultural resources, unsuccessful attempts, hunting estates of tsars, vassal obligations, poll tax.
Text 7А Review of the Russian Medieval Cadastre The Russian medieval cadastres had been a kind of routine regular survey. Land descriptions of the whole state or separate provinces were Planned and fulfilled by the staff of the Estate Administration (Pomest- nyi Prikaz). Each expedition sent by an administrative unit to collect land use data included at least two senior officials (usually an experienced chancery official and a wealthy aristocrat) and few junior officials for whom it was a kind of practice. All the expeditions received special written orders from the tsar and had the right to check land property documents, to solve land disputes of local landlords, in some cases even to confiscate estate. These decisions could be changed only by the special tsar orders. A record in the cadastral book had usually been the best proof of property rights. The cadastral officials used to compare contemporary land use with the documents of the previous survey. That is why it is often possible to find brief data of a previous survey in the books of the next one. From the end of the XVth century the Estate Administration undertook regular surveys of the lands of Moscow State. During these surveys there were created descriptions of the whole state and its separate provinces. These descriptions (pistsovye knigi) included a number of peasants in each village of the estate, quantity of arable and mead- owlands, approximate data on forests. Being improved from one survey to another, late descriptions of the XVIIth century demonstrate distinguished and complicated feudal tax cadastre. They evaluated land estates in two-steps way taking into consideration quantity of productive arable lands measured in a very accurate way. Next step was the evaluation of arable soil quality: good, medium or poor. After that the data on quality had been recalculated in exact proportion into special units of agricultural productivity of the estate. Land taxes and vassal obligations served as the basement of administrative, financial and military life of the Moscow State in the XVI — XVI Ith centuries. These duties were determined in accordance with the quantity and feudal status of land holding and its agricultural value. The state itself did not carry out any important economic projects. Stability of central administration, power and wealth of Moscow State depended on prosperity of peasantry paying taxes and landlords serving for the state with their vassal. Surveyors took into consideration feudal status of the land holding they described. The data on agricultural productivity of estates had been recalculated once more into special tax units (sokha) in order to reflect status of the landlords. Land cadastre of that period had been the tax cadastre — evaluation of settled and exploited lands. It dealt with arable and hayfield lands, sometimes with fisheries, apiaries, hunting estates of tsars. Virgin forests, empty lands and marches attracted no attention of estate surveyors. This situation reflected abundance of agricultural resources and low density of peasant population. This shows the level of geographical knowledge of that period: despite the fact that major waterways and roads had been described and well-known, contemporaries of Ivan the Terrible or Boris Godunov seemed to be unaware of endless Russian forests as foreign ambassadors and merchants had been on their way to the capital of Moscovy. Contemporary documents showed that even wealthy native aristocracy could go astray while travelling in the forests of the Central Russia. Besides numerous surveys carried out by the Estate Administration, many wealthy landlords compiled cadastral descriptions of their lands: sovereign Great Princes, Archbishops, monasteries. The system of a land cadastre of the XVI —XVI Ith centuries used the old-fashioned methods of direct land measuring in area units when contemporary European countries began to use land charts and maps. But there existed a couple of archival documents showing the use of charts and plans in medieval cadastres. The general level of mapmaking could be seen from the published translations of books on geometry and land measuring, allowed at least to presume the technical possibility of the brief land mapping of Central Russia. All this proves the similarity of medieval Russian land cadastres and continental cadastral system. |