Green Paper Proposing Green Paper Proposing Property Boundary - - PowerPoint PPT Presentation

The Survey Association - Southampton, 26th November 2009 The Survey Association - Southampton, 26th November 2009

Green Paper Proposing Property Boundary Reform Green Paper Proposing Property Boundary Reform

By Dr Paddy Prendergast, Dublin Institute of Technology Chair of the IIS Commission on Land Registration Chair of the Inter-Professional Task Force on Property Boundaries

The Survey Association - Southampton, 26th November 2009 The Survey Association - Southampton, 26th November 2009

LRC e-CONVEYANCING REPORT - 2006

Vision & Strategic Objectives

Process - develop & implement an electronic conveyance process Information - conversion of information into digital form IT Systems - develop & implement IT architecture (Hub) to deliver services Legislation - reform of relevant primary and secondary legislation Education - enhancing stakeholder skills to use the new system

Project Board established to Coordinate Developments

The Survey Association - Southampton, 26th November 2009 The Survey Association - Southampton, 26th November 2009

Law Society e-Vision for e-Conveyancing

e-Vision (July 2008) - radical proposals to change existing conveyancing system in preparation for e- Conveyancing

Move from ‘Caveat Emptor’ to ‘seller disclosure’ for property transactions - responsibility now on vendor Proposals that Land registry should contain titles of all land in the State and all the interests to that land

Registration of all lands currently in RoD to be transferred to LR and close RoD No interest should affect title unless it is registered (much fewer exemptions) - Title should be definitive, conclusive & all encompassing

The Survey Association - Southampton, 26th November 2009 The Survey Association - Southampton, 26th November 2009

Green Paper (August 2008) - two documents

Outlined reasons why reform of current system was necessary- needed to persuade a number of crucial powerbases of need for reform - Law Society, Property Registration Authority & others Proposed new concepts and standards for boundary surveys – IIS only 20 years old so did not have reputation to leave this out, so needed to describe in detail what was being proposed

Issued as a discussion document to stimulate debate - definitely achieved its aim

IIS Reform Proposals for e-Conveyancing

The Survey Association - Southampton, 26th November 2009 The Survey Association - Southampton, 26th November 2009

Law Society Concept of eConveyancing

Paperless (dematerialisation) Electronic conveyancing process Validation Viewing material online All material transmitted through a central electronic Hub or workspace Secure Transparent Land registration

But the information in the PRA folios and the PRA mapping are linked and one part cannot do without the other. Professionals need to have confidence in the information supplied by the eConveyancing Hub, so validation of boundary information is essential to ensure the success of the system

The Survey Association - Southampton, 26th November 2009 The Survey Association - Southampton, 26th November 2009

PRA Digital Mapping Project

Prepare for advent of eConveyancing 5 year project - 2005 to 2010 (May) Create a comprehensive on- line database of property boundaries based on OSi large scale maps (1:1000, 1:2500 & 1:5000) 19 counties already live from 26 - Galway last Introduce full compulsory first registration to migrate ~0.5M properties from Registry of Deeds to Land Registry

The Survey Association - Southampton, 26th November 2009 The Survey Association - Southampton, 26th November 2009

PRA Digital Mapping Project

Map - Courtesy PRA

PRA boundaries digitised by shifting property boundaries into coincidence with OSi features within certain tolerances Significant improvement in cartographic quality of PRA maps www.landdirect.ie PRA have created a vector database using new GPS compatible coordinate system - good choice for future development

The Survey Association - Southampton, 26th November 2009 The Survey Association - Southampton, 26th November 2009

PRA Digital Mapping Project - Result

• “Tell me where my boundary is?” - Cannot do better than the OSi

mapping tolerances (even with the new digital mapping) because of:

Sufficient information on boundaries is not available from the new PRA digital mapping system PRA index map at OSi maps scales is not large enough for clarity of features with regards to individual properties, resulting in interpretation, guesswork, delays and extra costs by everyone

• Engineers and Architects never design their project on an OSi map -

so they commission a full topographic & boundary survey, but they must still acquire PRA map to deal with legal issues, and delays and costs arise in trying to match the ground survey with official record

• Digital mapping system permits identification of previously hidden

discrepancies in PRA mapping, which should be addressed in a systematic manner, rather than on a case by case basis

• Let me take one example to highlight some of the difficulties

The Survey Association - Southampton, 26th November 2009 The Survey Association - Southampton, 26th November 2009

CONVEYANCING - Folios & Maps

LH6600

Map - Courtesy PRA Map - Courtesy PRA

LH10640

Map - Courtesy PRA

LH286 LH6600 does not have title to his family home LH10640 does not have title to his own home, but does have title to home next door LH286 has title to home in LH10640, but has lost title to a large portion of his field This mapping has passed QA both by contractor and by PRA QA focussed on the digitising process rather than map product !!!!

The Survey Association - Southampton, 26th November 2009 The Survey Association - Southampton, 26th November 2009

CONVEYANCING - Folios & Maps

Map - Courtesy PRA

Process required (legal & surveying) to allow these boundaries be rectified quickly, easily and at minimal cost

A - LH286 to LH10640 B - LH10640 to LH6600 C - LH10640 & LH660 to LH286

PRA maps need to try to reflect reality

• n the ground

Reform is required to get PRA map product correct

A B C

The Survey Association - Southampton, 26th November 2009 The Survey Association - Southampton, 26th November 2009

LH6600

Map - Courtesy PRA

CONVEYANCING - Folios & Maps

Current system that confirms owners ‘good title’ is flawed due to these boundary issues Not dealing with boundary issues has potential to result in loss of property value Should boundary information also be validated and move to a concept of providing ‘Good Marketable Title?

The Survey Association - Southampton, 26th November 2009 The Survey Association - Southampton, 26th November 2009

STANDARDS FOR BOUNDARY SURVEYS

Standards based

• n best

international practice GPS baseline - high accuracy (absolute & relative) used as firm foundation for boundary survey Survey records evidence & facts on the ground as if going to court Standards based

• n best

international practice GPS baseline - high accuracy (absolute & relative) used as firm foundation for boundary survey Survey records evidence & facts on the ground as if going to court

The Survey Association - Southampton, 26th November 2009 The Survey Association - Southampton, 26th November 2009

Green Paper Proposal

Current Conveyance Process

OSi paper Map LR paper Map Paper map accepted and unchecked - general assumption that OSi & PRA maps are correct Cursory check of paper map on ground Survey to identify issues, but these difficult to resolve - LR system not positive towards rectifications OSi digital Map (ITM)

Supply high quality information to the Conveyance Process

Ground Truth Survey (ITM)

PRA digital Map -paper Instrument Map -paper 1 2 3

• 1. Does digital boundary correspond with

submitted boundary? - confirm that digitising protocol has been carried out correctly within the tolerances specified

• 2. Do PRA digital boundaries correspond with

features on latest version of OSi map? – should do if within the digitising tolerances

• 3. Do PRA digital boundaries correspond with

Ground Truth Survey (GTS)? - mostly not, so have to try to identify reasons why not

The Survey Association - Southampton, 26th November 2009 The Survey Association - Southampton, 26th November 2009

Example of Boundary Survey in compliance with standards in Green Paper

The Survey Association - Southampton, 26th November 2009 The Survey Association - Southampton, 26th November 2009

Example of Boundary Discrepancies Map highlighting boundary issues

• Map - GTS & Discrepancies map
• Report - details of checks carried
• ut & info on each boundary

segment (description, photo, coordinates, condition, etc)

The Survey Association - Southampton, 26th November 2009 The Survey Association - Southampton, 26th November 2009

Green Paper Proposal (cheaper option)

If adjoining landowners have a good relationship and are willing to agree position of their boundary then Ground Truth Survey (GTS) may not be required Surveyor examines PRA documents on either side of boundary Surveyor visits boundary with adjoining landowners - landowners indicate the agreed boundary and trade portions (if necessary) and mark and agree final position of boundary Surveyor survey agreed boundary and landowners sign to accept surveyed position of agreed boundary Solicitors have landowners sign boundary agreement (may be conditions attached) Solicitors apply to have agreed boundary registered as conclusive

The Survey Association - Southampton, 26th November 2009 The Survey Association - Southampton, 26th November 2009

Progress since Green Paper

Where to after the green paper was published?

OSi views it as a direct challenge to its monopoly PRA are reluctant to change but beginning to listen SCS considered IIS ‘Licensed Boundary Surveyors’ a threat to their ‘Chartered Surveyors’ concept Law Society - interesting but very radical change proposed, so needs convincing

IIS have developed a multi-stranded approach

Policy Strand Procedural Strand Educational Strand Standards Strand

The Survey Association - Southampton, 26th November 2009 The Survey Association - Southampton, 26th November 2009

Policy Strand - Change attitudes

Inter-Professional Task Force on Property Boundaries established April 2009 (also Property Registration Authority as observers) Six meetings so far - Terms of Reference finalised & adopted by four professional bodies to date Colloquium held on 17th Nov to widen debate to key people (~40) – summary to be discussed at meeting next week Investigate & report on the need for policy reform - summer 2010

The Survey Association - Southampton, 26th November 2009 The Survey Association - Southampton, 26th November 2009

Procedural Strand

Focus Group established May 2009 - B Sweeny (Chair) Identify 20 highest priority items which surveyors have to deal with within existing PRA system and conveyancing system which can be tackled / resolved in the short term Circa 12 meetings to date - developing concepts of how to integrate extra information from green paper proposals into conveyancing practice 10 to 15 page document identifying specific changes required by particular groups - now in testing & final drafting phase - to be published by end 2009 Meetings with PRA & solicitors to clarify and resolve interpretations of issues

The Survey Association - Southampton, 26th November 2009 The Survey Association - Southampton, 26th November 2009

Educational Strand

Module Name Module Content

Land Law 1 Theory Land Law 2 Case Studies Planning Law Theory & Case Studies Environmental Law Theory & Case Studies Alternative Dispute Resolution Arbitration, Adjudication, Mediation & Conciliation Expert Witness & Evidence Theory & Case Studies GNSS, CRS & Computations GPS observations and adjustment Boundary Surveys & CAD Boundaries, Survey Practice & Map Preparation PRA Mapping Practice www.landdirect.ie & mapping procedures Land Management Land Registration systems, ISDI & INSPIRE, etc Research Skills Technical Report writing & Research Skills Professional Development Ethics, Duty of Care, Liability & Professionalism

Develop Masters course to enhance skills of Boundary Surveyors - too long Develop individual modules, & have validated at masters level, provide as soon as possible, assess to get credits so exemptions when masters created

Not restricted to IIS members or primary degrees

Module development already begun IIS have decided to launch ‘Boundary Surveyors in Training Programme’ in early 2010

• mentoring

The Survey Association - Southampton, 26th November 2009 The Survey Association - Southampton, 26th November 2009

Standards Strand

Workshop 1 - Using NRTK for boundary surveys (Sept 2009)

Discussion paper published - www.irish-surveyors.ie

• Reliability (consistency) of NRTK results
• Association of NRTK observations with Survey Control
• Traceability of NRTK coordinates

Further research of international situation being undertaken

Workshop 2 - Review of standards used for Boundary Surveys -

Case Studies (Dec 2009)

Surveys for registration of boundaries as non-conclusive Surveys for registration of boundaries as conclusive Review of land registration concepts for digital era - INSPIRE +

Amended standards for boundary surveys for publication in spring 2010 for launch of ‘Licensed Boundary Surveyors’ programme

The Survey Association - Southampton, 26th November 2009 The Survey Association - Southampton, 26th November 2009

Property Boundary Reform - Summary

Policy Strand

Very positive response for initiative from colloquium Now the hard work starts to carry out the investigation

Procedural Strand

Issue proposals as a discussion document in Dec 2009 Joint discussion with Law Society during 2010

Educational Strand

Develop modules and apply individually to QA for accreditation & run modules for ‘Licensed Boundary Surveyors’ programme Develop rest of masters modules & submit to QA before end 2010 Begin to run masters programme by 2011

Standards

Workshop 2 - scheduled for 3rd Dec (reschedule to 10th Dec?) Publish amended standards for boundary surveys in spring 2010