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I. Country
Report |
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Contact person for provided information:  |
Address:
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Ilze Goba
State Land Service
Expert of methodology, Division of Cadastre and Registers Data Exchange,
Department of Cadastre and Registers |
11.novembra krastmala 31
Riga, LV-1484
LATVIA
Email: ilze.goba(at)vzd.gov.lv
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| Information provided on 20
Jun. 2006 |
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A.
Country Context |
Latvia
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Geographical Context:
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Latvia is to be found in the North-eastern Europe, on the eastern
coast of the Baltic Sea. It is the central country of three Baltic
States (Estonia, Latvia and Lithuania). The territory of the Republic
of Latvia is 64 589 square kilometers. The length of state border
is 1,862 km, but the length of the coastline - 494 km. Latvia
borders Estonia, Russia, Belarus and Lithuania. The capital of
the state is Riga, almost one third of the population of the state
lives there (at the beginning of 2005 - 731,762).
The landscape of Latvia is marked by lowland planes and hills.
The average altitude of Latvia is 87 m over sea level. Inland-waters
cover 2,543 km2 or approximately 4% of the territory of country.
In Latvia, there are totally 750 rivers that are longer than 10
km, and approximately 3,000 lakes that are greater than 1 ha.
Forests cover 45.2% of territory, agricultural land - 38.1%.
Population of Latvia is 2.29 millions (Apr. 1, 2006), Latvians
make 58.8%, Russians - 28.6%, Belorussians - 3.8%, and other nationalities
- 8.8%. The ethnic mix of populations is largely the result of
massive immigration during Soviet occupation, which resulted in
a decline in the share of ethnic Latvians from 77% in 1935 to
52% in 1989.
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Latvian ancestors Proto-Balts arrived in the territory of nowadays
Latvia in the first half of the 2000 BC. In the 900s AD the ancient
Balts began to establish specific tribal realms and gradually
four Baltic tribal cultures developed: Couronians, Latgallians,
Selonians, Semigallians. Starting from 1200s, when German Crusaders
invaded the territory of Latvia, until the beginning of 1900 the
territory of Latvia was under rule of other countries. In thirteenth
century a confederation of feudal nations Livonia was developed
under German rule. After the Livonian War (1558 - 1583) Latvian
territory came under Polish-Lithuanian rule, later after the Polish-Swedish
war (1600 - 1629), part of the territory passed under Swedish
rule. It can be considered that consolidation of the individual
tribes into Latvian nation occurred in the 1600s.
At the beginning of the 1700s, during the Great Northern War
Russia conquered the part of territory of Latvia that had been
under Swedish rule and by the end of the 18th century the whole
territory of Latvia was under Russian rule. The latter half of
the 1800s marked a period of national rebirth, and the situation
shaped after the First World War made it possible to establish
the independent state of Latvia on November 18, 1918. In the 1930s,
likewise as in many other European countries, an authoritarian
regime was established in Latvia. The existence of an independent
state was interrupted in 1940 by Soviet occupation. From 1941
until 1944 it was replaced by German occupation. In 1945, Soviet
occupation was reinstated and it remained until 1990-1991, when
taking advantage of liberalization of communist regime, pro-independence
forces managed to achieve restoration of the independence of Latvia.
Since 2004, Latvia is member country of European Union and NATO.
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Current Political and Administrative
Structures:
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Latvia is democratic, parliamentary republic with unitary structure
of state. The country's head of state is the President, who is
elected by the parliament for a period of 4 years. The President
performs mainly representative functions. Legislative power is
in the hands of a single chamber parliament - the Saeima that
is elected in general, equal, direct, secret and proportional
elections for a period of 4 years. Executive power is performed
by Cabinet of Ministers consisting of ministries and headed by
Prime Minister.
There are municipalities of two types in Latvia - 530 local municipalities
(cities, counties and civil parishes), and 26 district municipalities.
The local municipalities are elected by residents in direct elections,
council of district is made by chairmen of councils of municipalities
of the corresponding district. At present, reform of municipalities
is in process with aim to reduce the number of local municipalities
up to 167 in order to optimize their operation.
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Historical Outline of Cadastral
System:
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As in many other countries, cadastre historically was established
in Latvia for the classification and registration of properties
in order to tax them according to their quality and quantity.
As territory of Latvia was under the rule of other countries from
1200s until the beginning of 1900s, development within cadastral
sector was defined by policies and interests realized by these
countries.
Beginnings of land accounting in Latvia can be found already
in Middle Ages. In 900s - 1200s classification of land possessed
by farmers in cadastral measurement units - 'aratrum' - was started
in the territory of Latvia in order to define impost and corvee.
In 1500s-1600s land surveying and valuation was started. Under
Swedish rule from 1683-1693 the first cadastre that was based
on unified land surveying and valuation methodology was established
in the territory of Latvia. Methodology and data of Swedish cadastre
were used for more than 200 years.
Changes in land administration occurred when serfdom was abolished
- since 1860 farmers started to buy out their land, thus tasks
of cadastre included preparation of information for purposes of
calculation of land buy-out price, arrangement of and preparation
of ownership documentation for property registration. Vidzeme's
cadastre (1861-1912), as well as later Latvian state cadastre
(1931-1940) performed real estate valuation instead of land valuation.
After the establishment of Latvian state in 1918, one of the
most important tasks was the land reform that was performed in
1920-1937. Initially, cadastral data of Vidzeme compiled before
the First World War were used, but they covered only approximately
one third of territory of the country. Cadastral Law of the independent
Latvia was adopted in 1931. It prescribed to carry out cadastral
surveying of the territory of the country, producing of plans
and cadastral valuation of real estate. Latvia developed its own
real estate cadastre and system for its maintenance. Also Land
Book that performed registration of ownership was established.
When Soviet rule established in 1940 and land nationalization
was performed, state cadastre system of Latvia ended its existence.
However, during the period of occupation due to activities of
leaders of land utilization systems, significant work was done
in taking of aerial photographs of territory, soil mapping, land
account and valuation.
History of contemporary Cadastre of Latvia started in 1992, simultaneously
with land reform that was necessary, when independence of state
of Latvia was regained and transition to market economics took
place. Land ownership for natural persons officially was restituted
1993. New institution was established - State Land Service. The
first eight years of operation of National Real Estate Cadastre
were devoted mainly to data collection and initial registration,
but since 2001 data updates and quality is the main priority.
100% of the territory of country is registered in cadastre that
is organized in digital form. On December 1, 2005 new Law on National
Real Estate Cadastre was adopted by parliament of Latvia, thus
finalizing more that ten years lasted work on the preparation
of law that would lay down the provisions for coherent operation
of National Real Estate Cadastre regarding administrative, organizational
and technical matters. Another institution - Land Register that
was restored in 1993, registers ownership.
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B.
Institutional Framework |
Latvia
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Government Organizations:
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Registration of land and buildings and cadastral surveying that
is carried out on the national level, is responsibility of two
governmental institutions under the Ministry of Justice.
The State Land Service (SLS) of the Republic of Latvia is governmental
institution, which is in charge of implementation of land reform,
maintenance of National Real Estate Cadastre, Address register
and the information system of protective zones, as well as valuation
of real estates, cadastral surveying of buildings and performance
of other related functions. SLS has 8 regional offices.
Until 2006 State Land Service performed also surveying and mapping
functions. In the result of reorganization of SLS that took place
at the end of 2005 since January 1, 2006 surveying function (except
cadastral surveying of buildings) is delegated to private sector
and to newly established State Limited Company "Latvia State Surveyor".
Functions of geodesy, mapping and of producing basic data of state
geographic information and building and maintaining its infrastructure
are performed by newly established government agency "Latvian
Geospatial Information Agency".
Real property ownership registration is carried out by Land Register
under Land Register Department of Court Administration and 28
Land Register offices of regional courts. According to Law on
Land Register, all 28 Land Book databases are merged in State
Unified Computerized Land Register (SUCLR), so SUCLR is central
database, where it is possible to get information on all properties
registered in Land Register in Latvia.
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Private Sector Involvement:
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Private sector is involved in performance of several functions
related to real property registration and cadastral surveying.
Cadastral surveying of land can be carried out by State Limited
Company "Latvia State Surveyor" and by licensed legal entities
and certified natural persons. SLS furnishes necessary information
to private surveyors from National Real Estate Cadastre Register.
Work done by private surveyors is subject to certain control.
Control for activities of licensed legal persons is performed
by Licensing Commission of SLS in cooperation with Latvian Society
of Surveyors (LSS), activities of certified surveyors is supervised
and examined by Certification Commission of LSS.
From private sector also notaries are involved in the registration
of real property. They prepare application for registration of
real property and corroboration of right related to it in Land
Register, compile different documents connected with change of
ownership and confirm authenticity of other documents.
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Professional Organization or
Association:
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Surveyors and specialists working in surveying sector are joined
in Latvian Society of Surveyors (LSS). It is professional non-governmental
organization that aims at promotion of technical and scientific
development of surveying and at protection of surveyors' professional
and social interests. Members of the organization are natural
persons whose professional activities are related to geodetic,
topographical and cartographical works in the Republic of Latvia.
LSS was established in 1920. It actively participated in the
realization of land reform started after the establishment of
independent state and it was both scientific and technological
organization. The society actively co-operated with foreign specialists
and joined International Federation of Surveyors (FIG) in 1926.
After interruption during Soviet occupation Latvian Society of
Surveyors resumed its activities in 1988; its membership in FIG
was restored on February 15, 1993.
LSS has 185 members at present.
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In Latvia, cadastral surveying and land utilization system works
can be carried out only by licensed legal entities, certified
natural persons and by State Limited Company "Latvia State Surveyor".
Licensing Commission of SLS issues special license to legal entities
for a period of 1 up to 5 years. It is required that at least
½ out of members of executive institution shall have higher education
in some kind of licensed activity and experience at some of the
to-be-licensed type of work for at least 3 years during the period
of last 7 years. Not less than ¼ out of total number of employees
shall have higher education in some the to-be-licensed type of
activity.
Latvian Society of Surveyors (LSS) issues certificates to natural
persons for a period of 5 years and assigns name of Certified
Surveyor. To qualify for certification in corresponding sector
of surveying, persons shall have higher education, corresponding
praxis in surveying, be members of LSS for at least 2 years, as
well as pass examination of professional qualification in national
language in sector of surveying to be certified: 1) engineers
of geodesy and land surveying shall have documentarily certified
length of service in surveying at least of 3 years and 2) persons
with higher education shall have documentarily certified length
of service in surveying at least of 5 years.
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In Latvia, two universities offer education in cadastral surveying
and land surveying programs.
Latvian Agricultural University offers 4-year academic bachelor
program in land surveying with engineering bachelor degree in
land surveying and 5-year professional program in land surveying
with engineer degree. Post-graduate 2-year program is available
with MSc. ing. degree. From 2001 until 2005 average annual number
of graduating students with bachelor degree was 19, with MSc degree
- 2.
Riga Technical University offers 3-year bachelor program in geodesy
and cartography with engineering bachelor degree in civil engineering
and 4-year engineering professional program in geodesy and cartography
with engineer qualification in geodesy and cartography. Post-graduate
2-year academic program is available receiving MSc. ing. in civil
engineering (geodesy) or 2-year professional program receiving
engineer qualification in geodesy and cartography. From 2001 until
2005 average annual number of graduating students with bachelor
degree was 15, with MSc degree - 5.
RTU since 2005 offers new 4-year bachelor professional program
in real property management receiving real property economist
qualification and bachelor degree in real property management.
Post-graduate program for master degree will be available.
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C. Cadastral System |
Latvia
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Purpose of Cadastral System:
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Purpose of Latvian cadastre is to provide society with up-to-date
official information on all real properties in the Republic of
Latvia by registration and maintenance of it in a unified system.
Cadastral data are used for:
- corroboration of right to real properties;
- preparation of documents for transaction with real properties;
- use of real properties and planning of development;
- cadastral valuation;
- real property tax administration;
- planning of economical development of country, regions and
municipalities and territorial planning;
- performance of land utilization system works and environmental
protection planning;
- preparation of national statistical information,
- preparation of land balance;
- creation and maintenance of geographic information system;
- securing of interests of holders of other registers and information
systems;
- other purposes.
Thus cadastre has multi-purpose role.
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Types of Cadastral Systems:
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There is one unified real property cadastre system, covering the
total territory in Latvia. The system covers the total territory
regardless of ownership and land use.
There is no information available on illegal settlements in Cadastre.
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In Cadastre of Latvia, the smallest uniquely identified and surveyed
unit is land parcel that is defined as delimited piece of land
registered in the National Real Estate Cadastre Information System
having cadastral designation assigned to it. Likewise as land
parcels, also buildings and groups of premises are surveyed, identified
and registered in cadastre. Also real properties that are defined
as land with buildings and waters lying thereon that is juridically
attached to natural or juridical person are registered in cadastre.
Rights to real properties are registered in Land Register.
In Latvia, real property is recorded in Land Register regardless
of number of parcels. In practice, scenario (i) of scenarios mentioned
in question 2.3. applies to situation in Latvia mainly in urban
areas, but scenario (ii) - in rural areas.
In Latvia, there are properties of four types: property comprising
land; property comprising land and buildings; property comprising
only building and apartment property.
When land is distinguished as type of real property, this means
real property in broader sense, i.e., together with buildings
and constructions owned by landowner, however also properties
consisting of parcel only not having buildings on it are included.
Building properties are real properties consisting of building
only that lies on land owned by another owner. Apartment property
(i.e. 'condominium unit') in multi-apartment house where apartments
are owned by several owners is individual property of each owner
together with corresponding ideal part of condominium.
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Content of Cadastral System:
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In Latvia, two registers regarding land and rights related to
it - National Real Estate Cadastre Register and Land Register
- are operated by different institutions.
Cadastre, as we see it, is unified account system that by administrative,
organizing and technological processes secures obtaining, maintenance
and use of up-to-date official textual and graphical data on real
properties situated in the territory of the Republic of Latvia,
land parcels, buildings, groups of premises included within them,
as well as on owners, legal possessors and users, objects for
real property tax and tax-payers. Content of National Real Estate
Cadastre has gradually increased: if during the first four years
from its reinstating only land parcels and land properties and
land assigned for use were registered, since 1996 also registration
of building data was started and since 2000 - mass registration
of apartments. Also procedures of valuation of land, building
and apartment properties are carried out in cadastre, as well
as registration of archive files is carried out.
Cadastre consists of:
- textual data including data on location of real property,
cadastral designations and areas of parcels, buildings and constructions,
value, encumbrances and restrictions on real property, as well
as on owner, legal possessor or user;
- graphical data - cartographical images that show boundaries
of parcels and buildings, cadastral designations and other information
characterizing real property.
Both textual data of cadastre and cadastral map (graphical data)
are organized only in digital (vector) form, and connection is
ensured between textual and graphical part. Textual data are completely
computerized, 99,8% of parcels registered in textual part and
99,3% of buildings that are to be depicted in cadastral map are
depicted in cadastral map (June 1, 2006).
Corroboration of rights related to property is carried out by
the other register - Land Register. As owner of a real property
according to Civil law shall be recognized only the person recorded
in Land Register. Land register stores data on real property,
owner of real property, encumbrances of real property and debts
of real property.
According to Law on Land Register, all the 28 databases of Land
Register offices are merged in State Unified Computerized Land
Register (SUCLR), so SUCLR is central database, where it is possible
to receive information on all properties registered in Land Register
in the country. The main function of SUCLR is to maintain and
store Land Register data submitted by Land Register offices ensuring
data security and invariability.
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D. Cadastral Mapping |
Latvia
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Cadastral Map:
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Cadastral map is digital (in form of vectors) in Latvia; it covers
the whole territory of the Republic of Latvia and serves for overview
on location of depicted objects in the territory. Map is created
in Latvian coordinate system LKS-92 in TM projection; it is obtained
by method of alignment of boundaries of parcels. In rural areas,
Cadastral map is maintained with accuracy of scale 1:10,000, but
in urban areas - with accuracy of scale 1:2,000. At present, data
of cadastral map are stored in file system, but from the end of
2006 it is planned to accumulate data of cadastral map in central
database.
Following elements are represented in Cadastral map:
- boundaries of cadastral territories and cadastral groups;
- boundaries of parcels and their cadastral designations;
- outlines of buildings and their cadastral designations;
- areas occupied by encumbrances of right to use real property
and their designations;
- leaseholds and their cadastral designations.
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Example of a Cadastral Map:
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Cadastral map with cadastral designation of parcels and buildings
(Riga City).
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Role of Cadastral Layer in SDI:
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Cadastral map is consistent part of Latvian map system; it is
one of thematic maps. Information of Cadastral map can be used
for following purposes:
- ascertainment of location of specific cadastral object (objects);
- overview on location of cadastral objects in certain area;
- territory planning;
- changing of boundaries of administrative territories;
- other purposes, where Cadastral map obtained by method of
alignment of boundaries can be used.
Cadastral map is compatible with following cartographic material:
- simplified topographical map at scale of 1:10,000;
- topographic plan at scale of 1:2,000;
- topographic plan at scale of 1:500 for separate areas;
- graphical part of State Address Register;
- map of boundaries of administrative territories;
- other thematic maps.
By use of data publishing/distribution subsystem of State Land
Service (SLS), customers have an opportunity to use cadastral
map as reference material, as basic information for creation of
data sets or databases according to customer's requirements (graphical
data service) and as basic information for creation of public
databases (thematic Internet web-sites) maintained by customer
and for insuring of functionality of them (satellite map service).
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Cadastral Issues:
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1. In Latvia, one of problems is discrepancy of boundaries of
parcels in graphical data of Cadastre, which historically were
surveyed with different accuracy, because boundaries of parcels
were established with different methods during the land reform.
There are three groups of accuracy: surveyed (by using inaccurate
instruments), surveyed (by using accurate instruments) and designed
(by using cartographic material) land parcels. Quality of historically
recorded data generally is one of problems in Cadastre of Latvia.
2. In Latvia, Cadastre Register that carries out registration
of objects making property and formation of property for corroboration
in Land Register and Land Register that carries out corroboration
of ownership right are separate systems that are maintained by
different institutions. Therefore large overlapping of data exists
and procedures of corroboration of ownership right are complicated.
3. The absence of Cadastre central database is also a problem.
At present, data registration is carried out in 8 regional databases
that were created by merging 28 databases that existed initially.
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1. With merging graphical part of Cadastre in central database,
which is planned at the end of 2006, the problematic overlapping
of land parcel boundaries will be identified. In January 1, 2006,
Surveying Department has been established in SLS in order to deal
with land disputes.
2. Both Cadastre Register and Land Register are state institutions
in subordination to Ministry of Justice. Ministry of Justice has
adopted decision on merger of them until 2010 in the framework
of Lisbon protocol program.
3. As mentioned in the first point, it is planned to implement
central database for graphical part of Cadastre in 2006. This
task is set as a top priority for SLS in 2006. Problem of creation
of central database for textual data will be solved later.
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