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PUBLIC PROTECTION AND ETHICAL GEOSPATIAL DATA DISSEMINATION AN INITIATIVE OF GEOIDE (PROJECT IV-23) The Quebec cadastre and its dead angles. © Nathalie.

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Presentation on theme: "PUBLIC PROTECTION AND ETHICAL GEOSPATIAL DATA DISSEMINATION AN INITIATIVE OF GEOIDE (PROJECT IV-23) The Quebec cadastre and its dead angles. © Nathalie."— Presentation transcript:

1 PUBLIC PROTECTION AND ETHICAL GEOSPATIAL DATA DISSEMINATION AN INITIATIVE OF GEOIDE (PROJECT IV-23) The Quebec cadastre and its dead angles. © Nathalie Massé, q.l.s. Prof. Marc Gervais, Ph.D, q.l.s. Brussels, May 7 th, 2010

2 PRESENTATION SEQUENCE Context Quality issues (internal or external) Research problem Research general and specific questions Research operational framework Results and expected effects Conclusion Brussels, May 7 th, 2010

3 LAND REGISTER OF QUEBEC (Who, how, where and how much ?) CADASTRE Spatial Focus Where and How much ? Right-Object relationship LAND RECORD Legal Focus Who and how ? Right-Subject relationship CONTEXT (general) 3 Inspired from : Henssen (1995) Brussels, May 7 th, 2010

4 The Quebec cadastre role : in the of land administration Inspired from : Dale & McLaughlin (1999) 4 CONTEXT ( Case of Quebec ) Cadastral information system Tenure (land ownership) Land use (land development) Land valuation (property taxation) Brussels, May 7 th, 2010

5 THE REFORM OF THE QUEBEC CADASTRE HISTORIC & SCOPE OF THE WORK plans ±700,000 lots ,000 parcel plans 3,500,000 properties lot descriptions that contain inaccuracies 850,000 immovables have no specific number First program of reform Moratorium 1994 Resumption of the program Work will span 14 years (end in 2006) Costs : $508 million (self-financing ) 2006 Report of the Auditor General of Quebec MRNF estimates that the work will be completed in 2021 Costs will reach $980 million CONTEXT

6 THE REFORM OF THE QUEBEC CADASTRE 3 GOALS 1.BUILD UP A COMPLETE AND ACCURATE PICTURE OF LAND SUBDIVISIONS IN QUEBEC 2.ENSURE THAT THE CADASTRE IS UPDATED CONSTANTLY 3.TRANSFORM THE CADASTRE INTO A VERSATILE TOOL THE INFRASTRUCTURE’S STATE CHOICE SINGLE GEOREFERENCE GLOBAL MAP SUPPORTED BY COORDINATES SINGLE GLOBAL MAP MADE IN TWO STAGES STAGE 1 : CADASTRAL REFORMSTAGE 2 : UPDATE CONTEXT

7 Public register composed of several documents, including a plan On this plan each property is graphically shown and identified by a single lot number this plan is part of land register of Quebec and it serves to show the basis upon which real estate rights are exercised and provides a basis for publishing these rights Basic infrastructure of land register of Quebec Access Key : the lot number 7 Inspired from : Guide de l’utilisateur, MRNF, (2002) CONTEXT (Quebec cadastre) Brussels, May 7 th, 2010

8  The reform of the Quebec cadastre is going to deliver great services to Quebec’s society :  It improves the State’s capacities of management on the private territory; – It contributes relatively effectively as support in the publication of the land rights.  However, its overall quality raises questions... 8 CONTEXT (Quebec cadastre) Brussels, May 7 th, 2010

9 22 % of mandates completed involved the risk of a large number of requests for correction; Since the beginning of the reform : requests for correction; requests results in changes ; ± affected lots ; [Auditor General of Quebec, 2006, Report to the National Assembly for , Volume I, Chap. 4.] 9 CONTEXT (findings of the Auditor General of Quebec) Brussels, May 7 th, 2010

10 – Quality of the renewal work → varied significantly; – Mandates executed without immediate supervision and without enough knowledge of facts; – Worrying situation; – Complex operation resulting from a professional opinion based on the analysis of interpretable information with access, reliability and consistency vary with the type of territory. [Auditor General of Quebec, 2006, Report to the National Assembly for , Volume I, Chap. 4.] 10 CONTEXT (findings of the Auditor General of Quebec) Brussels, May 7 th, 2010

11 1.What are these quality problems ? 2.Does the cadastral product answer the specifications ? (internal quality) 3.Does the cadastral product meet the needs of users ? (external quality) 4.Does the reform ot the Quebec cadastre reach its initial goals ? 11 CONTEXT (Questions arising from these findings) Brussels, May 7 th, 2010

12 QUALITY ISSUES (internal or external) Heterogeneity of the technical standards of realization Inaccurate representation of property rights (eg. : prescription, roads, watercourses) Coordinates without legal value Lack of complete geometry Graphic tolerance (0,21 m to 0,42 m) 12 Brussels, May 7 th, 2010

13 Heterogeneity of the technical standards of realization STEP 1 : CADASTRAL REFORM STEP 2 : UPDATE 6 versions of major instruction 14 versions in total 2 versions of instruction 2 different methods 1.Global analysis of integration 2.Analysis by positioning points 1 CADASTRAL MAP QUALITY ISSUES (internal or external)

14 Inaccurate representation of property rights : case of roads Infolot website, consulted on QUALITY ISSUES (internal)

15 Inaccurate representation of property rights : case of watercourses Infolot website, consulted on QUALITY ISSUES (internal)

16 High water line at the concession Inaccurate representation of property rights Case of watercourses Grant by State (1993) Lease over part of Lot 212 m² (1991) Lease over part of Lot 212 m² (1991) Filling found

17 Inaccurate representation of property rights : case of watercourses Infolot website, consulted on → 1 lot → 2 types of ownership : Owner and leaseholder → 1 lot → 2 types of ownership : Owner and leaseholder → 1 lot : → 1 owner → 1 squatter on state domain without right e → 1 lot : → 1 owner → 1 squatter on state domain without right e QUALITY ISSUES (internal)

18 18 ? Relative position Absolute position QUALITY ISSUES (external) LACK OF COMPLETE GEOMETRY Brussels, May 7 th, 2010

19 GRAPHIC TOLERANCE 1 segment = 2 measures ≠ 0,15 meter ? Infolot website, consulted on http://infolot.mrnf.gouv.qc.ca/consulte.asp Problèmes de qualité (externe) QUALITY ISSUES (external)

20 Constats iv.Visualisation des jeux de données géospatiales : données cadastrales GRAPHIC TOLERANCE 16,27 m – 15,89 m ≠ 38 cm !?! QUALITY ISSUES (external)

21 QUALITY ISSUES (external : the coordinates) « Coordinates that can be deduced from the plan of cadastral renovation gives a rough idea of what could be the position of the boundaries of the property. At no time, they can be used to delineate the property without any prior study to delineate the area, including the survey of landmarks and occupations, has been made. In case of discrepancy between the coordinates of the cadastre and those deduced following a survey of the premises, the latter have priority. » [Extract from the resolution of office OAGQ n°B ] 21 Brussels, May 7 th, 2010

22 Uncertainty in the data Heterogeneous quality Potential risks during their use and/or the decision-making. QUALITY ISSUES Consequences 22 Cadastral information system Tenure (land ownership) Land use (land development) Land valuation (property taxation) Brussels, May 7 th, 2010

23 RESEARCH PROBLEM The cadastral map of Quebec being characterized by an invisible heterogeneous quality at first glance, presents a homogeneous appearance which gives a false impression of accuracy and reliability of the cadastral representation of the property right. 23 Brussels, May 7 th, 2010

24 Does the use of datas from the Quebec cadastre include risks that may affect the protection of land rights? 24 RESEARCH GENERAL QUESTION Brussels, May 7 th, 2010

25 RESEARCH SPECIFIC QUESTION Does the application of a risk management approach would reduce the uncertainty in datas from the cadastre of Quebec, during their use by the notaries and land surveyors? 25 Brussels, May 7 th, 2010

26 RESEARCH PROJECT OBJECT OF STUDYSCIENTIFICS DOMAINS SECURITY OF PROPERTY RIGHTS CADASTRAL SYSTEMS INFORMATION SCIENCES DATA QUALITY MANAGEMENT OF UNCERTAINTY RISK MANAGEMENT 26 RESEARCH OPERATIONAL FRAMEWORK Brussels, May 7 th, 2010

27 → A series of forms, (1/identified risk) → Statement of a series of advices → Evolution of professional practices linked to land right → Improving tenure security and public protection 27 RESULTS AND EXPECTED EFFECTS Brussels, May 7 th, 2010

28 CONCLUSION The Quebec cadastre has some traps or “dead angles” that users must know and consider. 28 Brussels, May 7 th, 2010

29 Question period …

30 1.Literature review: cadastral systems, doctrine, case law, 2.Concepts organization Definition 1.Planned use 2.Conceptual framework for the Quebec cadastral system 30 RESEARCH OPERATIONAL FRAMEWORK Brussels, May 7 th, 2010

31 1.Collect and data management a.Instructions analysis b.Real cases analysis c.Expert’s comments on the conceptual framework 2.Application of risk management method a.Identification b.Evaluation c.Reduction Documentation of risk with the aid of a form 31 RESEARCH OPERATIONAL FRAMEWORK Brussels, May 7 th, 2010

32 Ph.D. thesis (fall 2011) 1.Data analysis a.Conceptual framework’s validation b.Check on conclusion 2.Thesis redaction 32 RESEARCH OPERATIONAL FRAMEWORK Brussels, May 7 th, 2010


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