Document Type : Original Article
Highlights
Determining the scope of public, private and public property; It is a legal requirement to determine the property rights of individuals and to prevent encroachment outside of personal boundaries. The cadastral mechanism, which has been successful in most countries, has also been used in our country's judicial system, and in recent years, a large part of the country's lands have been subject to the cadastral law. This descriptive-analytical study seeks to investigate the nature and legal effects of surveying in the country's registration system. Examining the course of legislation in this regard, it was found that the history of forging in our country is weak and despite various laws in the contemporary period, finally the comprehensive law on forging adopted in 1393 and its executive regulations approved in 1395, as the latest legal sources in this regard Were. Jurisprudential principles, with the aim of preserving public property and the rules related to public losses, have determined the necessity of limitation as a religious duty. Despite the legislator's explicit need to determine the boundaries of all the country's property, unfortunately, this has not been done so far, and the fight against land grabbing, which is one of the most important effects of surveying, has not been a complete success. In the Iranian cadastre system, the focus of the Real Estate Registry is on the registration and legal cadastre. While in developed countries, all aspects of land management and registration are considered and benefit from the benefits of multi-purpose cadastre implementation in all organizations and organs. Weakness in technical facilities, legal inconsistency in legislation, executive weakness in coordination of related agencies, rent and the existence of interests of some in land grabbing and finally lack of proper efforts in this regard, have been the reasons for the failure of the cadastral plan in the country. Therefore, in order to solve the problems related to land management, the adoption of a comprehensive and multi-purpose law and its implementation by land and property organizations is necessary for the effectiveness of this huge national action. Also, bilateral and multilateral cadastral cooperation with other countries, due to their high experience, is necessary in this regard, which needs to be identified through interaction and consultation with them.
Protecting the privacy of individuals is one of the social necessities and the need to respect the rights of the people is considered one of the important principles in the rights of countries. With the advancement of science, the executive and judicial authorities of the countries have considered the use of scientific techniques in order to advance administrative and legal affairs, which, after full confidence in it, have been used as administrative methods. One of the sciences and technologies that has been used in the last century in the service of the administrative department of jurists was cadaster. Previously, the definition of property boundaries had many ambiguities, which first threatened the personal property of individuals and secondly led to encroachment on public property. However, with the introduction of this scientific mechanism to the issue of property, jurists took steps to protect the rights of the people and the public by precisely defining the scope of ownership for individuals. At present, cadaster has a special place in the administrative system of our country. The demarcation law in 20 articles in the winter of 1393 and in line with the implementation of the one hundred and twenty-third principle of the ICC, was approved by the Islamic Consultative Assembly and after approval by the Guardian Council in April 2016, its executive regulations in 19 articles were prepared and communicated And was approved by the esteemed head of the judiciary. Despite the legal obligation to the executive bodies regarding the necessity of delimiting all the properties of the country, unfortunately, this plan has not been implemented successfully and many properties in the country have remained without determining the location, which has provided the ground for some scams in real estate transactions. . Shahedi and Jalali (2017) examined the effect of a comprehensive cadastre on preventing administrative errors and stressed the need to implement a comprehensive boundary plan. Mashhadi (2016) in his book, the administrative-government system in charge of the cadastre as the reason for its poor implementation. Mehrasa (2016) in his articles considered the administrative system of the judiciary as a state administrative system and considered it as the cause of weakness in the implementation of the cadastre. In view of the above, it seems that the reason for the failure of the cadastral plan lies in issues related to the administrative system that need to be examined from the perspective of administrative law. Therefore, this study was conducted with the aim of answering the question of what are the legal-administrative-executive reasons for the failure of the cadastral plan in the country and what are the solutions to solve these problems. It is assumed that the focus on the cadastral registration section was the reason for the project's failure. In the following, first definitions of cadastre and its types are presented, then the administrative structure is discussed.
What was discussed in this study was to answer the question of what were the reasons for the failure of the cadastral plan in our country. With the definitions of the types of cadastre, the incorrect choice of the type of cadastre can be considered as one of the reasons for the failure of this plan in the administrative system. According to what has been said, in most countries, comprehensive cadastre is associated with success, and according to the definition of other types of cadastre, the incompleteness of one type and focus on it can be considered the reason for the failure of the plan. Multipurpose and comprehensive cadastre is a basic system and includes a complete set of information that other types of cadastres can rely on and in addition to financial and property in other matters, such as economic, development, social, etc. programs related to land. , Offer services. But what is seen in the administrative system of our country; The focus of the Deed and Property Registration Office is on the registration and legal cadastre, and perhaps this is why the person in charge of implementing the legal cadastre of the State Property and Deeds Registration Organization has been appointed, which leads to neglect of other types of cadastre ... has been.
One of the serious obstacles to cadastral implementation in Iran is the lack of computer equipment and up-to-date mapping and the lack of experienced, skilled and trained personnel, and this not only slows down cadastral implementation; Rather, it causes the cadastre to move backwards, increasing problems and delaying its implementation.
From an administrative point of view, public administration has always been assessed as weak, and the State Registration and Documentation Organization, despite following the policy of the judiciary and independence from the executive branch, is still governed in a governmental manner, which proves the inefficiency of this management method it is arrived. In this regard, the private sector needs to be empowered, which is overseen only by a government agency. Naturally, the cost of implementing the cadastral plan with the private sector has been reduced due to better management and cost reduction, and we can even hope to accelerate it. Since under current law, the Real Estate Agency is in charge of implementing the cadastral plan, it is necessary for the legislator to provide a legal basis for the private sector to participate in the cadastral plan, which can lead to more employment.
This research has been done only by analytical-descriptive method which is evaluated in the field of administrative law research, but it is necessary to evaluate the causes of cadastre failure in the country by other non-legal methods such as questionnaire design and quantitative analysis. .
