International Archives of the Photogrammetry, Remote Sensing and Spatial Information Sciences, Vol XXXV, Part B4. Istanbul 2004
separate state organizations; Land Title Offices (LTO) and
Cadastre offices (CO).
There exist a number of registers in a land title office. Land
title data has to be registered in these registers to become
legally valid. These registers are named as “main” and
"auxiliary" registers (Karagóz 1999, Ayan 2000). These
registers are currently maintained manually. The function of
each register is shortly explained below.
In Turkey, land parcels are registered in the Land Title
Register (LTR) while buildings, apartments, and business
offices which are commonly called “independent parts” are
registered in the Real Estate Register (RER). There is a
separate page for each real estate in these registers. If the
page is full then the registration goes onto another page
which is maintained by a number. LTR includes parcel and
owner information and ownership rights and responsibilities.
In addition to these, RER includes the share of the estate on
the parcel it was built, and page number of the parcel in the
LTR. To track the previous and next states of the real estates,
there also exist “Previous” and “next” page numbers in these
registers. I. TRs and RERs are archived by district names.
Transactions register (TR) is for keeping the track of the
transactions by hour and minute that the transaction took
placing. That is, any transaction on a real estate is recorded in
this register by its time. Owners register (OR) shows all the
real estates which belong to an owner. There is a separate
page for each owner. Through this, it is possible to see the
previously and currently owned estates of an owner. Owners
register is archived by owner's last name. Legal documents
are deeds, plans, court decisions etc. related to the land title
transactions. These documents are archived by district names,
land title and page numbers. Representatives register is for
monitoring the legal validity of a representative of an owner
at the time of a transaction.
3. The need for A temporal CADASTRAL GIS
To determine the need for temporal analyses on LTC data,
the needs of the related state and private sector organizations
were investigated. Some of these organizations are the
general directorates and branches of the State Owned Lands,
Tax offices, LTC offices, the Ministries of Budged, Public
Works, Culture, and Forest, local governments, banks, and
private sector were taken into account. One of the areas
where the need for temporal analyses is rather critical is the
cases taken to courts. À great many of these cases require a
backward analyses and in Turkey a great many of the cases
are related to land and real estates. Therefore, these cases
were also investigated. As a result, a number of temporal
analyses were identified. Some of most striking examples are
given below.
General Directorate of National Estates (GDNE)
GDNE is a state institution with the duty of determining and
monitoring the real estates which belong to the state. GDNE
often needs temporal analyses to detect and prevent misuse of
State owned real estates. However, it has major weaknesses
in performing its duty because of the current Land Registry
and Cadastre system. One of the temporal analyses needed by
GDNE is related to the Property Cadastre (PC), which is
explained below.
N
Property cadastre is the process that real estates are first
registered to land registry and cadastral map sheet for the first
time. By the law, the real estates whose owners are unknown
are registered in the name of national treasury. The real
estates with the unknown owners may arise as a result of
either unavailable heirs in inheritance cases or foreign owners
who had left Turkey after the Republic period. Due to
incorrect declaration of experts during the PC, such real
estates may, completely or in part, be registered on behalf of
a person. During our work it has been noticed that, almost all
the real estates of the foreign owners have been registered on
behalf of persons in the PC of Yomra county in Trabzon city.
The case has been brought to the court for correction
(Gülmez, 2003).
The temporal analysis needed by GDNE in such a case is to
basically compare the ownership status before and after the
PC process. The steps of such an analysis are explained
below:
1) Searching for the LT data and boundary definitions
which were valid before the PC process. This
involves manually browsing through all the related
land title and cadastral records on the basis of
districts or villages. The resulting are manually
written documents which include owner, arca, and
textual boundary definitions.
2) Searching for the "reason of right (m)" and its
explanation from the cadastral records of the PC
process. Cadastral records are arranged manually
for each real estate during the PC works. Therefore,
what has to be done here again is to manually
search many records and record the results
manually.
3) Determining the LT and cadastral status of each
real estate in the PC area, which were valid at the
date of PC registration. For this search, all the
pages of the LTRs of the PC region have to be
browsed row by row. As the result, information
about all the real estates with the information “PC”
for the “reason of right” and registration date for
the “date obtained” are retrieved. The resulting LT
data are recorded manually. — Determining the
cadastral status, namely parcel geometry, is much
more difficult. Because, it will not be possible to
trace back the changes from a cadastral map sheet
if the map does not contain each updated state. In
this case, the cadastral status of the parcel has to be
rebuilt from the original surveys. Applying this to
an area, a cadastral map of the registration date can
be generated. Although map drawing can be
supported by CAD/GIS software, this is a tedious,
time consuming, and error-prone operation.
Furthermore, instead of corner coordinates, we
might just have orthogonal or polar coordinates. In
that case, the situation will be even worse.
4) Comparing the results of steps 1, 2 and 3. The
resulting from this comparison the real estates
which had mistakenly been registered by the name
of an owner are determined. Actually step 2 and 3
yield to the general same results but the results of
step 2 is more detailed. Because, they contain
detailed explanation of the "reason of right".
Determining cadastral status is needed to decide the
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