Mr. Valeriu MANOLACHE let's talk less and readers familiar with the concepts of surveying, tabulation. Why are so important these concepts?
The first thing he did when a man appeared on earth was drawing in the sand on earth on a cliff walls of a cave, territory, a map. This gesture was not, however, a chance because Hence where is the source of water, food source, the most favorable hunting, fishing, how to define the territory of the tribe of neighboring tribes etc. Map occurred thousands of years before, it is not a fad after 1989, some of which were awakened and they carry out an activity to earn some money, as we are sometimes complains.
It is known that the land generally has been a source of conflict throughout history. They are notorious conflicts between regions, countries, many of them based on lack of maps, some controversial areas that were covered by one country or another. Why for example Napoleon Bonaparte came with a cadastre? He had a very simple explanation. He wanted to know how much money is taken from the territories it has
occupied. And then we come to one of the components is the economic cadastre. Eventually, each state must contribute proportionately to what has. Historically, the cadastre was developed as a system, especially during Maria Theresa, Austro-Hungarian period, which took over from Napoleon cadastre system, because they quickly realized that it is a good idea to know what areas of land and properties you own. There is also the technical component because you will never be able to make some good decisions and grounded until you know what you have, how it looks, what dimensions and surfaces are talking about. This is also reflected in each individual currently. If an individual wants to buy, for example, carpet, as they do? He measured the room. He calculated surface has to know how to buy. It is an element of normality. We as a country need to know that there, where there is what form, to whom belongs, who owns and finally arrive inevitably at the tax.
I take it, after all, cadastre is a kind of police of the lands?
Cadastre Law has three components: technical, legal and economic. I have explained the technical component: shape, size, position. From the legal point of view we need to know who belongs on the basis of documents. And three, tax considerations.
What happens to us?
Cadastre as defined by Law 7/1996 and has these three components. The first two of these, the technical and legal, to an extent relatively chaotic, unorganized, unstructured, are as chaotic as in 1999 when he began the land registry system. The economic component nobody talks because, ultimately, me as a state, as a state representative, should I care not only where and how big is each, but should I care and that I took as taxes from that one.
What is after all the cadastre?
It’s a land cadastre police. You must know how to control these elements. What happens to us? For example, we give some laws such as Law 18/1991, of reconstuituirea of ownership where some titles although we do not know with certainty where those lots, those lands, which the state gives to someone. The owner receives a paper and hence the problems begin. Because that land which has the property to be traded, are some sequences must first identify. When this work was done wrong, wrong from the start, the problems are numerous.
What to do?
At first we have to measure what we share and then shared only what exists in reality. Now if we add the property titles issued, the areas listed there, I think far exceed Romania's surface. If I, for example, a field 100 hectares and know this, issue 100 titles per hectare, no more, but I know that everyone who has title to property for the benefit of the earth. Unfortunately, we do not this happened. As would say some colleagues of mine who are in administration that everything is wonderful, perfect. I think things are not great, on the contrary I would say, because I have a work experience of over 30 years in the field. I think I know very well what I'm talking about the subject.
What is the difference between the cadastre sporadic and land registration general systematized? How treats countries, let's call them civilized cadastre problem? What does this cadastre sporadic plain?
It means that the owner can not trade, rent, exchange bulletin until the house is not tabulated. Through this has created a system where, here and there, depending on when the citizen was required to reach tabulation, have appeared like mushrooms, some documentation on registering, made the money citizen and not controlled in terms technically. And I say this because, at least until 2003-2004, these works technically tabulation that opinion, and I mean the shape, size and positioning of plots were not put into the system in a digital map . For example, it could Ionescu and although its plot outline of the rest of the street was empty. He came over a year Ionescu's neighbor who was registering with another firm and hence the problems. Of course there are some technical tolerances allowed, some technical reasons and explanations, and you'll see that if you put ten people to measure the same thing you will see that there will be differences. Reasonable differences of a few inches, centimeters, provided that all professional work. And here we reach another highly sensitive issue, which must also be widely debated, namely authorization.
Parcels as they appear entered into an electronic, digital, and I noticed that either superimposed or there are significant gaps on the digital map. And this can be prevented provided they have worked very well, professionally, from the beginning. And working in a sporadic cadastral system in which the citizen is forced to pay their work, but in a general cadastre systematically. Everywhere, speaking countries experienced democratic countries that were able to take the good and the other parameters continue this good. All cadastral works in these countries have been made public. And the results are commendable. The state paid achieving general survey, after which work per ensemble has been managed in different ways from one country to another. It gave for granting this kind of work for companies, some specialists, who are required, for example in Italy, to do so.
How are things really?
It is a specialist firm, which has leased a common tabulation. This company keeps up to date and plans shall appear that everything disappears, everything changes, update them and this is paid a percentage of the taxes collected by the municipality. It is a form of work. In other countries there are other forms of work. It occupies all the state, which controls all this information and performs works with various companies in the field.
The situation in Romania, if I understand, is a chaotic, given the state refuses to be involved not only in regulating financial and rapid problem. Who is interested to persist this widespread confusion ?
Unfortunately, this is not us it happened and did not only increase the first error, the Law 18/1991, when divided without knowing what divides. For legal component added that land books appeared which, unfortunately, does not bind to each other. Appear spaced, overlapping, and this accelerated the technical and legal mess.
Recently, in 2010, under a loan agreement which Romania had with World Bank financing agreement which aimed at the general cadastral works project CESAR. There were two auctions, started the first project CESAR 1, with a total of 19 ATU's (administrative units), then over two years through 2012, was the second auction CESAR 2 with a total of 35 ATU’s. Since 2010 and 2012 respectively, have been five or three years, and imagine that even now have not completed the two projects. And it ended for several reasons. And not because they are poor performers, although there were some cases of this type because when it comes to money the World Bank, auctions are the rules of the World Bank, where anyone can join. And it came out that some companies had no idea if I may say so, about cadastre was a communication barrier, did not know anything about the situation in our country, and gave a huge misfire. For example a company in Greece, a country in which there is no currently cadastre. Dissatisfied, but when I refer to domestic companies, the tradition of Romania, with a definite experience and logistical capacity and thanks were virtually prevented complete work on time. You can tell that they hold firm is involved in these projects and I can certify that the situation is a nightmare.
Let me tell you first what this project. You take a common example, an ATU, you need to measure it completely. That means general cadastre. Inventoried everything on that UAT. Then attach documents for each plot can be found private or public property, state property, according to what I am referring here to discuss rail, highway, national road. Each parcel owner is attached. Things seem simple and technical, in terms of measurement, are quite simple. The problem came when I had to take the data previously validated by the cadastre. And then you start to find all sorts of inaccuracies. As I said, whether parcels are stacked, or do not know who the owner or property titles are issued at different times for the same owner, unthinkable. That Ionescu has a title given to one hectare and today has a per hectare basis given two years ago. Which is the best of both? It is not known!
In Romania there is, however, the National Agency for Cadastre, plus county offices that are subordinated to it. Should not this institution to act swiftly to clarify this situation as quickly as possible?
The cadastre offices do not get too much information because the general system, especially in the last ten years, and I say this from the relationship that I have with the government feels increasingly obvious lack of state authority. It is not possible to reach some kind of enclavisation. Romania is one, which is why we have a central government, which is why we have a National Agency for Cadastre, plus county offices of cadastre which are subordinate agency. If the central institution, for example, gives a provision county offices, they are obliged to implement it immediately. National Agency for Cadastre is under the Ministry of Regional Development. Unfortunately to us from one year to another situation deteriorates due to a lack of state authority. As long as management's decentralized institutions at a county level, are political appointees, who was never appointed to "boyar" it’s political, it will only defend the interests of the / those who have called him support this position. It's that simple! From here to block, delay, call him what you will, the general cadastre is only one step. Do not give property titles, generating delays and confusion when a company starts work in this area, you wake up with replicas, totally unacceptable for a maximum defiance. "Is it in the specifications that you have documents that the ATU, but here the situation is different cadastral office". And everything freezes and you can not overcome this blockage institutional. It's that simple! From here to block, delay, call him what you will, the general cadastre is only one step. Do not give property titles, generating delays and confusion when a company starts work in this area, you wake up with replicas, totally unacceptable for a maximum defiance. "Is it in the specifications that you have documents that the ATU, but here the situation is different cadastral office". And everything freezes and you can not overcome this blockage institutional.
Source: Cronica Română