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I. Country
Report |
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Contact person for provided information:  |
Address:
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András Osskó
Fovárosi Földhivatal
Budapest Land Office |
Sas u 19
1051 Budapest
HUNGARY
Email: foldmeresv(at)foldhiv.hu
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| Information provided on 9
Jul. 2003 |
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A.
Country Context |
Hungary
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Geographical Context:
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Hungary is located in Central Europe, one of the candidate countries
joining the European Union in 2004. The total area is 93,000 sq.km.
The population is about 10.1 million, 60 % live in cities. About
one fifth of the population live in the capital of Budapest, which
is the centre of the economy and cultural life.
The majority of the country is plain area; there are mountains
in northern and western area. The highest peak in Hungary in the
northern mountains is 1015m above sea level. 7% of the country
is urban area, 65% is used for agricultural purpose, 15% is forest,
the rest are rivers, lakes, and national reserve.
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Hungary was established as a Kingdom in 1000 and existed as an
independent kingdom till 1521. Between 1521-1867 Habsburg kings
ruled Hungary. Hungary was part of the German-Roman Empire. The
Austrian-Hungarian Monarchy was established in 1867 and existed
till 1918. Between the two world wars, Hungary was a democratic
republic. Following World War II the country was occupied by the
Soviet army and was forced to form political dictatorship and
command economy. The communist period was over in 1990, since
then there has been political democracy and market economy.
After World War I, two thirds of the country was joined to the
surrounding states, which resulted in major Hungarian minorities
there. Today about 4 million Hungarians live mainly in Romania,
Slovak Republic, Serbia, and Croatia.
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Current Political and Administrative
Structures:
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Hungary is a democratic republic. The government lead by the Prime
Minister has the real political power, the President has limited
political power, but representing the country. The parliament
has the legislative power, the government is the executive power.
Administratively Hungary is divided into 19 counties + Budapest
Capital. There are 3154 settlements (towns, villages, etc) in
the country, 19 districts in Budapest with local governments.
There are two levels of local administration. 20 county local
governments responsible for regional matters such major roads,
regional spatial planning, secondary schools, hospitals, etc.
Local government of settlements and Budapest districts responsible
for local matters like primary education, certain taxation, local
roads, town planning, social issues and others.
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Historical Outline of Cadastral
System:
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The first land cadastre was introduced during the reign of King
II. Joseph. The land cadastre based on cadastral survey for the
purpose of land taxation. The implementation of general land taxation
failed due to the opposition of the nobility. Finally the land
cadastre was established in the Austrian-Hungarian Monarchy in
1875 based on detailed field survey. There were two parts of the
cadastre: cadastral register and cadastral maps. The original
scale, of cadastral maps 1:1440 in urban and 1:2880 in rural areas.
The cadastre was established for fiscal purpose land taxation,
based on the yielding capacity of the land.
The cadastral system also supported the legal (Grundbuch) system.
The descriptive part of the Grundbuch (parcel number, area, address,
cultivation, value of agricultural land, etc.) based on cadastral
mapping data. Legal registries (Grundbuch) were established at
local courts for registration and updating of ownership data,
mortgage, easements and other rights, facts related to land and
real estate properties according to law
In 1972 there was a decision to integrate the Cadastre and Legal
Registry on legal basis and institutional level forming the Unified
Land Registry System. The integration procedure was completed
in 1981. During the socialist period (1949-90) Hungary was the
single socialist country operating the Land Registry without any
gap. As a result of this there was a fully operational land registry
system in 1990 when Hungary introduced the multi party democracy
and the market economy.
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B.
Institutional Framework |
Hungary
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Government Organizations:
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The 116 District Land Offices, the institutional network of the
Unified Land Registry System under the Ministry of Agriculture,
are responsible for maintaining, updating cadastral maps and legal
data (ownership and other rights, mortgage, easements, restrictions).
20 County Land Offices second instance offices and also responsible
to supervise district land office activities. The Institute of Surveying
Cartography and Remote Sensing, a national agency, is responsible
for maintaining national control point network and also topographic
mapping. |
Private Sector Involvement:
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Cadastral survey for legal purpose and preparing survey documents
of changes in cadastral map data is the licensed surveyor responsibility.
There are 1700 licensed surveyors. Many of them run private business
others are employed by bigger survey firms producing new digital
cadastral maps, which are checked and certified by Land Offices.
In the legal part lawyers, notaries responsible to prepare and
counter sign deeds, legal documents of ownership changes and other
documents for transactions related to land and real estate properties.
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Professional Organization or
Association:
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The Hungarian Society of Surveying Mapping and Remote Sensing (MFTTT)
represents all kind of surveyor profession. Private surveyors have
a section in the association. There are 1200 members of the society,
the total number of surveyors is approx. 5000 in Hungary. |
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Cadastral surveying, cadastral work for legal purpose is the monopoly
of licensed surveyors in Hungary. The majority of cadastral surveys,
mapping have been carrying out by the private sector. The Institute
of Surveying Cartography and Remote Sensing (FÖMI) under the Ministry
of Agriculture and Rural Development issues the license to surveyors.
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There are two universities providing education and diploma in
surveying. The Budapest Technical University has a five years
course of study for MSc. in Surveying and IT knowledge. The course
is rather theoretical teaching traditional subjects and IT, GIS
knowledge. About 30 students graduate annually.
The West Hungarian University College of Geoinformatics in Székesfehérvár
has three years course of study gives BSc. graduation. There are
three faculties: land surveying, land consolidation, land registry
matters. About 40-50 students graduate in regular course and 20-30
in correspondence course annually.
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C. Cadastral System |
Hungary
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Purpose of Cadastral System:
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The Hungarian Unified Land Registry System is the integration
of Cadastre and Legal Registry (Grundbuch) on legal basis and
institutional level and serves different purposes.
Legally guarantees the security of ownership and other rights
related to land and property in the same time supporting the land
market providing statistical data to the government and decision
makers for economic planning. The multipurpose nature of the Unified
Land Registry System is the basic information for external users
as local governments, banks, public utilities, lawyers, surveyors,
etc. The cadastral map is compulsory to use for spatial planning
and any land information system.
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Types of Cadastral Systems:
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There is only one type of Unified Land Registry System in Hungary.
All state, private, co-operative land and real estate properties
have been registered including condominium units (apartments). |
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In the Hungarian Unified Land Registry System two different types
of real properties can be registered:
1) land parcel;
2) other independent property.
All types of properties have a unique identity number and are
registered separately:
1) land parcel can include buildings the owner(s) of the land
is the same as the building;
2) there are three different types of other independent property:
a) building, cellar, underground garage, structure, if the
owner of the property is not or only partially owner of the
land parcel
b) freehold condominium unit (apartment, shop, garage, etc)
The land is common property, the unit is independent property;
c) cellar, underground garage, construction with direct access
to public domain (street, road).
The cadastral maps show all land parcels with boundaries and
buildings. Boundaries based on direct survey, creation of new
parcel boundaries-subdivision, road alignment, etc. require cadastral
survey, work and legal procedure. In case of other independent
properties scaled lay out plans of condominium about each level
represents the map.
All types of real properties can be mortgaged and are transferable.
If a land parcel or part of it is occupied undisturbed for a continuous
period of 15 years a person(s) may apply at the court for adverse
possession. For changing of title legal court decision is needed.
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Content of Cadastral System:
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All land parcels and real properties have been registered in Hungary
and cadastral maps cover the whole country. There are 7,3 million
land parcels and about 2 million other independent properties
(condominium units and others).
There are two components of the Unified Land Registry System
to be maintained:
1) Legal part - property sheets: Each land parcels and
other independent properties have property sheet containing three
parts:
I. Descriptive part: Parcel number, address of the property, area,
status of the property (urban, rural, built in or vacant) building
information, in case of rural area different cultivation, quality
of soil, value of land;
II. Ownership information: Owners name, address, personal id.
number, title, etc.;
III. Mortgage, restrictions, easements and other rights, facts
according to law.
2) Mapping part: The cadastral map consists of parcel
boundaries, parcel numbers, buildings and other construction,
control points, easements, in rural area sub parcel boundaries
with cultivation.
Both the legal and mapping part are updated daily and simultaneously
to guarantee the data consistency required by the nature of Unified
Land Registry System. The mapping and property sheet data must
be consistent. Control points are registered and maintained in
land offices. There are 58,100 control points (I-IV) and 71,076
analogue cadastral map sheets covering the whole country. The
majority of analogue cadastral maps are still in use. All the
survey plans, measurements must be archived.
For the legal part, property sheets are digital, the 15% of cadastral
maps is digital only.
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D. Cadastral Mapping |
Hungary
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Cadastral Map:
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The old analogue cadastral maps (many of them are still in use)
are varying in scale and accuracy. The scale is 1:1000, 1:2000
in urban and 1:2000, 1:4000 in rural areas but we still have 1:1440,
1:2880 scale maps. The majority of cadastral maps have been graphical
but there are many numeric maps in urban areas (Budapest and other
cities). In case of numeric maps boundary points have co-ordinates
based on field survey, boundary points shown by circles. Originally
cadastral mapping was carried out in different projection systems.
The national projection and grid system was introduced in 1980.
Since then the national grid system is compulsory to use in new
cadastral mapping.
In 1990 there were no digital cadastral maps in Hungary. The
National Cadastral Program started in 1994, supporting the new
digital cadastral mapping. The majority of digital cadastral mapping
in urban area is based on field survey and less in digitalizing
old cadastral maps. Using field survey the quality of digital
cadastral maps is good but very expensive and time consuming.
In 2002 only 15% of cadastral maps are in digital form. It is
important to accelerate the progress of digital cadastral mapping.
At the end of 2002 it was decided to introduce a new approach
digitising graphic cadastral maps in rural area. The digital cadastral
mapping in rural areas, about 80% of the country, will be completed
by the end of 2004.
The content of cadastral map: The cadastral map shows parcel
boundaries, boundary points, parcel numbers, street names and
address, horizontal control points, height points, buildings and
other constructions, boundary of cultivation in rural area.
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Example of a Cadastral Map:
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Role of Cadastral Layer in SDI:
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The cadastral mapping information is the mapping part of the Unified
Land Registry System. The common data of cadastral map (parcel
number, address, area, etc. must be consistent with the descriptive
data of the property sheet. This is one of the basic requirements
of the Unified Land Registry System. The updating and maintenance
of common data is a simultaneous task of the mapping and legal
part.
Before Hungary introduced the Unified Land Registry System the
Cadastre also supported the legal registry and cadastral map served
information to the economy. Today digital or analogue cadastral
maps (land registry map) are the basic information to establish
different database supporting development and environmental interests.
The land registry map, according to law, is compulsory to use
for spatial, town planning, building regulations and basic map
for public utility companies. For local governments, municipalities
land registry map is basic layer managing their activities. Extracts
of land registry map (cadastral map) are widely used for different
purpose by the public.
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Cadastral Issues:
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In Hungary there is no need comprehensive reform concerning legal
and institutional framework. There are four main problems to be
solved very soon:
1) Accelerate the completion of digital cadastral mapping;
2) Fully operational on line data service of the land registry
data base;
3) Final development of the countrywide TAKAROS digital cadastral
map management system;
4) Development of market driven data services.
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Under the National Cadastral Program the digital cadastral mapping
in the rural area will be completed before end of 2004. The TAKARNET
on line data service will be fully operational before the end
of 2003.
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