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CADASTRAL REFORM: LESSONS FROM A SMALL ISLAND STATE Regina Sinon Ian P. Williamson Aggrey Agumya ABSTRACT Cadastral reform is presently being promoted as one means of improving and supporting economic development, social stability and environmental management. A study of the development of the Seychelles cadastre through its two centuries of existence lends credence to this assertion and could be considered a text book solution for many developing countries. It also brings to the fore some interesting observations and lessons, particularly for small island states. This paper overviews the development of the Seychelles cadastre, focussing on two relatively recent reforms initiated about four decades ago. The first concerned a move from general to fixed boundaries based on a national coordinate system, while the second concerned the introduction of title registration to replace a system of deeds registration. The paper presents important observations and lessons resulting from these reforms and suggests how the Seychelles cadastre might continue to develop over the next decade towards a multi-purpose role. INTRODUCTION The cadastre is a key link between society and the land, its use and management. The dynamic nature of society imposes continuous change on the land. This dynamism can be manifest through phenomena such as revolutions, colonisation, urbanisation and modernisation; all of which have an enormous impact on the interaction between society and land. For cadastres to remain relevant in the face of changes associated with such phenomena, they must be made responsive to these changes. This entails continuous improvements to them through reforms, making use of new innovations where feasible and applicable to meet the new demands placed upon them by the changes. There is therefore no doubt that cadastral reforms are inevitable, but the enormous pressure being exerted on land due especially to increasing population, urbanisation, consumerism arising from greater affluence, and environmental degradation have made the issue of cadastral reform even more urgent and projected it onto the world agenda [13 and 14]. The history of the cadastre in the Seychelles is characterised by two major reforms which were prompted by the politicians’ recognition that the cadastre was a tool and resource for achieving their strategic, political, social and economic goals and visions. Notable among the reasons that prompted the reforms are preservation of the fragile environment of the nation and the promotion of sustainable development. These were major reforms which suggests that they were not anticipated; rather they resulted from reactive responses to unfulfilled expectations of the cadastre. Due to the size and geography of the Seychelles as a small island state and the success of various governments at introducing significant cadastral reforms which have supported economic development, social stability and economic management, the authors believe that the development of the Seychelles cadastre has important lessons for many developing countries and particularly small island states. The paper first presents an overview of the geography of the Seychelles. The following sections are then devoted to various key cadastral reforms; describing their development, the weaknesses that prompted the reforms, description of the reforms themselves and what they achieved. It then examines the challenges facing the present cadastre and proposes how they can be dealt with by upgrading it to multi-purpose status. The paper concludes with lessons drawn from the study. A BRIEF GEOGRAPHY OF THE SEYCHELLES Physical Geography The Seychelles is an East African archipelago comprising over one hundred small islands. It is located in the western part of the Indian Ocean (4° - 10° S of the equator, and 46° - 57° E of longitude) spreading over an Exclusive Economic Zone (EEZ) of no less than 3.3 million square kilometres, but with a total land mass of only 455 square kilometres. Forty of these islands are granitic and mountainous, while the rest are coralline and flat. The largest of the islands is Mahe, and is home to the capital, Victoria. Mahe extends over a total land area of 163 square kilometres - approximately 36% of the total land area of the archipelago - and accommodates approximately 85% of the entire population of the islands. Two other notable islands are Praslin and La Digue which together extend over 7% of the total area and accommodate another 11% of the population. Thus, 96% of the population lives on just three islands which account for only 43% of the total area. The topography of Mahe and other granitic islands is rugged, with outcropping boulders, towering cliffs and domes. There are patches of laterite soils, sometimes fertile, but often thin and easily eroded. The many short streams in the islands provide adequate supplies of fresh water, but flow diminishes during the drier season from May to October. Clearly, the natural environment of most of the archipelago is fragile. The vast areas of surrounding ocean water have only a moderate influence on the climate of the islands. The maximum temperature rarely exceeds 33°C during the day, while the night temperatures are usually within 3-6°C of daytime readings. Humidity is uniformly high throughout the islands, rarely falling below 75%. The average annual rainfall is about 230 centimetres. Human and Economic Geography Seychelles society traces its roots to colonialism and plantation slavery. The people are descendants of French settlers and their African slaves, British sailors and traders from India and China. The subsequent racial blend is today reflected in culture and language. The official languages are English and French while the national language - Creole - has developed primarily from French Seychelles has a very modest population by international standards. The last census, carried out in mid-1996, put the population at 76,407 [7]. The main economic activity is tourism which accounts for approximately 70% of hard currency earnings, followed by fishing, industrial production and agriculture, in that order. The government has recognised the disproportionate dependence on tourism and has been moving to diversify its sources of foreign earnings by promoting development of the latter three activities. THE DEVELOPMENT OF THE SEYCHELLES CADASTRE Seychelles became a French colony in 1770, but was taken over by the British in 1814, who administered it until it attained independence in 1976. It is therefore not surprising that the early Seychelles cadastre derived its principles and concepts from both French and English land laws. The first cadastre was created in 1786 by French commandant Malavois who was detailed by his government to halt the destruction of Seychelles’ unique heritage and natural resources, which were at the time being wantonly exploited by the settlers. Instead of farming, many of the early settlers engaged in the more lucrative and unregulated trade of coconut, timber, salted fish, and rare animals such as turtles. This resulted in severe deforestation and subsequently, erosion and degradation of the uplands. In order to halt the degradation, Malavois used the cadastre to introduce land use principles, judiciously allocating land to specific uses, and restricting particular uses in certain areas. He also used the cadastre when conceding land to the settlers. Each settler was granted an area of 108 arpents (45.6 hectares) and some of these grants were surveyed for the first time in 1787. Malavois’ initial efforts were augmented by the establishment of a deeds register (the Mortgage and Registration Act 1790) to record deeds of transactions in land. This register became a repository of documents and plans relating to the transfer of land. It also provided facilities for the inscription and transcription of deeds as well as the declaration of rights in land. Unfortunately, it did not grant proof of title to land since it did not provide for registration of title. Furthermore, this register did little to resolve boundary disputes. The disputes were mainly caused by the removal and destruction of boundary marks as well as inconsistencies in units of linear measurements which were in turn a product of lack of international standardisation of these units¾ a French foot was equivalent to 0.3248 metres while an English foot was equivalent to 0.3048 metres. Hence, surveys carried out using one unit were disputed upon re-measuring using the other unit. When the British took over administration of the Seychelles, French laws and deeds continued to be recognised until the beginning of the 20th century when the British began to actively orient the laws to suit their needs and circumstances better. For example they moved to enhance the description of land in the deeds register by instituting measures to encourage and improve adjudication, demarcation and surveying of the land. The Sworn Land Surveyors Ordinance of 1901, which allowed the certification of surveyors, was one such measure. The British also initiated the migration from the deeds to a title registration system. Although the cadastre was significantly improved under the British administration, it was nevertheless far from ideal and exhibited weaknesses which limited its utility. WEAKNESSES OF THE CADASTRE PRIOR TO 1960 The significant reforms necessary to remedy the weaknesses of the cadastre were not embarked upon until the end of the 1950s. The government’s efforts to plan and carry out its development programmes were being frustrated by a lack of a reliable inventory of its landed resources and their owners or users, in the form of topographic and cadastral maps. The weaknesses of the cadastre at that time centred around the lack of a sound framework for surveying and mapping, an inadequate boundary demarcation system and deficiencies in the deeds system of registration as it was prescribed for the Seychelles. These weaknesses are described in more detail below:
The most significant weakness of the Deeds system is however traced to the fact that it did not provide for registration of title to land. And further, the fact that there was no legislation for compulsory survey (even in cases of land transfer) usually implied that it was difficult to relate a deed or hereditary claim to a specific (demarcated) parcel of land. Also, because the written descriptions of land were inadequate and ambiguous, searches to investigate ownership, encumbrances and other rights were possible only at great expense and time. This expense which was incurred to notaries plus the additional expense for surveying, and the delays caused by the attendant bureaucracy, made registration of land very expensive and hence were a disincentive for it. Furthermore, the absence of an overall index map and the means to easily relate individual survey diagrams (where they existed) with the textual description in the deed document significantly weakened the deed system. A further drawback to the system was the requirement for all deeds documents to be written in French, yet French was not a language understood by the majority of the population who owned land. REFORMS IN THE SEYCHELLES CADASTRE The weaknesses of the cadastre outlined above meant that it was not satisfying society’s needs and aspirations with respect to land. It was also clear to the government of the day - end of 1950s - that there was more that a cadastre could provide which the existing one was failing to deliver. The government particularly wanted to know who owned land, its size and what it was used for. Their interest in these attributes was not because they wanted to use the cadastre as a tool for taxation, but rather their focus was on its utility as a tool for sustainable development, in addition to its proven role as a mechanism for securing tenure in land. The government wanted to purchase and reserve land for specific uses such as commercial farming, environmental conservation and development of physical infrastructure; and later for land reform to improve access to land for the under-privileged. The first major cadastral reform was initiated in 1958 and was directed primarily at the spatial component of the cadastre. Its objective was to establish the basic framework for cadastral surveying and topographic mapping. The second major reform was on the other hand directed to the textual component. It started in 1964 and was not completed until towards the end of the 1980s. It was intended to facilitate the replacement of the deeds by a title registry. A notable component of this reform was the (Land Registration Project - LRP). The phasing of the above two reforms, starting with the spatial component was deliberate, firstly because the government could not afford to fund reforms of both aspects of the cadastre at the same time. Secondly, in envisioning the cadastre primarily as a basic tool for sustainable development, the government saw the spatial component as the one that needed to be improved upon immediately. Thirdly, towards the end of the 1950s, the weaknesses of particularly the deeds system were glaring. In seeking to redress the problems associated with this system, the government had either to strengthen the system, or abandon it altogether in preference for a system that it deemed to be superior. The government opted for the latter and adopted the registration of title system. The main feature of the title system is that the register is based on cadastral parcels not persons. Accordingly, the records kept are of parcels, interests in them and holders of those interests. The register is supposed to be a conclusive and complete record of interests in land. Because the titles register is based on parcels, they must be adequately demarcated and described to facilitate an unambiguous recording of their position. This further made the need for improving the spatial component of the cadastre even more urgent. The First Reform The first reform sought to establish a framework for mapping in general, regulations for cadastral surveying, and a separate government institution responsible for these tasks. The reform was sanctioned by the Land Survey Act of 1964, and its key features included:
The implementation of these reforms cost pound sterling 1.5 million. The Second Reform The second reform saw the introduction of the title registration system (Land Registration Ordinance 1965). The adoption of the new system was intended to be gradual, subsequently replacing the deeds system. Hence initially the title register was maintained in parallel with the deeds register. That is, owners with land registered under the deeds system were not actively encouraged to convert to the title register. In addition, new alienations and sub-divisions could be registered under either system. Under the titles system, registration started as sporadic and voluntary, perhaps to allow the public to gradually accept the system. However, by the end of the 1970s almost 90% of the registered land was still under the deeds registry. The lack of enthusiasm in the titles system was mainly due to a general lack of awareness by the public about it, and its merits compared to the deeds system, and an absence of incentives - in terms of lower cost and reduced bureaucracy. Moreover, the Registrar of Titles was not adequately equipped to expedite the task of converting from deeds to title registration. Also, the fact that title registration was voluntary did not help the situation. The government’s failure to supplement the reforms with pro-active measures to market and promote the titles system led most owners to opt for the system with which they were familiar, namely the deeds system. Meanwhile, the government was faced with a problem of inequitable access to land, which had a potential for threatening social order. The problem arose because a significant amount of land lay idle while some people were virtually landless. Redressing this problem called for a major land reform. In moving to carry out this land reform, the government sought to acquire idle land compulsorily, and accordingly enacted the Land Acquisition Act (1977). It also perceived the title registration system as potentially important to the success of the implementation of this land reform. Therefore, in 1983 the government launched a pound sterling 800,000 project - the Land Registration Project - for compulsory and systematic registration under the title system. Under the title registration system, owners are issued a certificate of title to their land. Each land parcel is clearly described on a cadastral plan that unambiguously shows its location with respect to adjacent parcels as well as its boundary corners, dimensions and area, and is distinguished by a unique identifier. The owner(s), rights and encumbrances in the parcel are also clearly recorded (in English), and the Registrar is authorised to double check the entries in the register and on the certificate. Some Observations about the Reforms In undertaking the reforms, the government learnt that the success of the reforms - particularly those that directly affected the public - was partly contingent on their acceptability by the public. In order to gain the support of the public during the second reform, the government bore the costs for adjudication, demarcation and survey. As a further incentive, enough time - up to three months - was allowed prior to and after an adjudication or survey, to attend to any objections or disputes. The reforms were solely initiated and carried through by the government without substantial participation by the population - the supposed beneficiaries of the reforms. It appears that implementation of especially the second reform could have been completed sooner had the people been involved more in its initiation, hence bringing forward the time of realisation of the benefits. The documented costs of the reforms show that putting in place the framework for mapping - a largely intangible product - cost almost twice as much as the cost of the LRP. However, there is no doubt that having the surveying framework already in place contributed to lowering the cost of the LRP. It should also be noted that the cost of the reforms (a per capita average of just over one pound sterling per year, for the thirty years over which the reforms extended) was affordable by the government although they were financed by donor funds. The total cost is relatively small but this is mainly because of the small size of the area over which the reforms applied - 43% of the country, or approximately 196 square kilometres. Benefits from the Reforms The two cadastral reforms described above were largely successful, and the benefits derived from them are numerous. They include the establishment of the requisite framework for mapping - both cadastral and topographic - as outlined above. Additional benefits are discussed below:
The above benefits notwithstanding, the dynamic nature of the environment in which the cadastre operates and the changing needs, demands and expectations of those it serves, necessitate its continuous re-evaluation and re-positioning to fulfil what is expected of it. To this end, it is essential to periodically evaluate the cadastre with respect to how well it is satisfying its objectives and the extent to which the objectives are pertinent to the needs - including future needs - of the people. And when proposing improvements to the cadastre, the opportunities available now and in the future, presented by existing and emerging paradigms, concepts and technological innovations should be taken into account. An evaluation of the present cadastre with respect to how well it is now fulfilling its role is warranted by the extent of changes concerning its role, and the availability of superior tools and paradigms for improving it, since the last reform. This evaluation should start by examining the challenges facing the present cadastre. CHALLENGES FACING THE PRESENT CADASTRE The benefits of the present cadastre described above demonstrate its strengths. There are however aspects of the system where there is growing public dissatisfaction. Most of the complaints voiced about the present cadastre relate to what the public views as unsatisfactory administrative efficiency, because of the delays that are characteristic of most of its services. In a previous investigation cited in [9], this was partly attributed to lack of incentives to staff, especially in the Department of Lands and Survey; but this is now recognised and is being addressed. Nevertheless, the delays have continued because of mounting backlogs which are in turn caused by the inability of the cadastre to meet the increasing demand for its services. The Seychelles has been experiencing rapid growth in population due to a high birth rate and repatriation of citizens from exile. Most of the population is concentrated in urban areas thus causing them to expand further into land previously under agriculture and along slopes in land unsuitable for occupation. Along with this has come a rise in the number of requests for surveys and building permit applications. The lack of capacity by the departments concerned (Planning, and Lands and Surveys) to expedite their tasks has resulted in backlogs which in turn cause delay). Yet, there is little justification for cadastral systems if they are not kept up to date [12]. The delays entailed in the subdivision and formal transfer of land mean that in numerous cases the cadastre does not reflect the situation on the ground, which implies that it is not up to date. This must be remedied if the existence of the cadastre is to remain justifiable. At the macro level, the fast growing population is exerting considerable strain on the country’s natural resources and infrastructure, and is a threat to the preservation of the environment. This has highlighted the need for very prudent planning for land resources, especially given that the environment of most parts of the Seychelles is fragile and yet it is these areas which comprise a major attraction for tourists. Such planning requires a great deal of information. It also requires this information to be available at the desired accuracy and to be up-to-date. Further, it requires tools for executing sophisticated analyses that the planning entails. The cadastre is a key source of information for this kind of planning, but unfortunately it is not meeting these needs satisfactorily. It is expected that the increase in population will bring about an increase in the demand for land and housing. What is of concern is the disproportionately high rate at which this demand is growing. This is attributed mainly to the fact that the age at which people are prepared to settle down as independent families is getting lower. As pointed out, the improvement of the cadastre has contributed to raising land (market) values. Additional factors such as the growing prosperity of the people and population pressure have also contributed to the increase in demand, and hence price (market value) of land. This has in turn increased the number of subdivisions and land transfers, leading to the emergence of an active land market. This is remarkable for the Seychelles because land was traditionally regarded as a resource for supporting the livelihood of people including those that are not yet born, and was transferable largely by inheritance rather than by trade. The present cadastre will need to position itself to efficiently satisfy this important role by developing a capability for providing quick and accurate responses to queries at minimal cost, and ensuring that transfers are secure, fast and cheap. The cost of transfers is presently very high partly because the law requires notaries to draft the transfer deed document. This is an important aspect that should be examined to reduce the cost of transfers and speed up the process of land transfer. With the increased use of computers in other service sectors and government agencies, such as the divisions responsible for environmental protection, transport and statistics, people have developed high expectations with regard to response times in respect of queries and information delivery. Besides, there is now increased use of cadastral data owing to free access of the data. Also, in modernising their systems to improve delivery of service, utility companies are increasingly relying on the cadastre as a base for mapping their assets and facilities. For these reasons, the present cadastre with its data base still in paper files and card indexes is seen as failing the expectations of many people. It is the government’s stated policy to broaden its economic base and reduce its over dependence on tourism. To this end it is promoting other economic activities such as fishing, industry and agriculture. Besides this, it is essential to boost the output from fishing and agriculture in order to meet the food requirements of a fast growing population. The implications of this for the case of agriculture are protection of agricultural land from urbanisation, allocating more land to agriculture and investment in the agriculture to increase yield per unit area. These measures will draw heavily on the cadastre for purposes of planning, enforcement of plans, and mortgaging to secure credit for investing in land. The coverage of the cadastre is still low in terms of the proportion of the land area of the country. Although extending the cadastre to the many small islands which are at the same time far apart may not be a current priority, it is necessary for purposes of completeness. In order to address the challenges identified above, the Seychelles cadastre must be upgraded further, as part of its continuous development. This upgrading should be cognisant of the reality that the cadastre is looked up to not only as having a planning and legal function, but is also as repository of information which can be used for a host of other (multiple) purposes, by both the government and the private sectors. And further, because most of the challenges highlighted above are concerned with administrative efficiency, they can be addressed by exploiting the efficiency afforded by computerisation and putting in place appropriate institutional structures that also enhance efficiency while not compromising the existing strengths of the cadastre. This would require converting the cadastral information into digital format and instituting appropriate changes with regard to the management and operation of the cadastre. A cadastre exhibiting the suggested characteristics is called a multi-purpose cadastre (MPC). EXTENDING THE CADASTRE TO MULTI-PURPOSE STATUS Overview It is proposed that the next progressive reform of the Seychelles cadastre should upgrade it to multi-purpose status. There are however different views as to what constitutes a multi-purpose cadastre. For example, the (American) National Research Council Panel on Multi-Purpose Cadastre [8] defines it as a "framework supporting continuous, readily available and comprehensive land-related information at the parcel level". In [2], Dale and McLaughlin define it as a large recording, analysis and community-oriented land information system designed to serve both public and individual agencies, and individual citizens by:
On the other hand, in [6] Larsson contends that "every cadastre nowadays - even in its simplest form and lacking any additional information - is multi-purpose…" This paper argues that reforms for upgrading the Seychelles cadastre to multi-purpose status should not set out to achieve a system that conforms to a specific definition of a MPC; rather the reforms should ensure that the upgraded system meets the needs of its users and is sustainable. However, such a system must have some basic characteristics. These have been identified by Dale and McLaughlin in their definition above, as well as in [4 and 11]. It has already been observed that previous cadastral reforms in the Seychelles were initiated by the government without allowing sufficient participation from the wider community. When sanctioning the reforms, the government had specific objectives which included achieving sustainable development and land reform goals, as well as meeting what it perceived to be the needs of the community. It is however doubtful that the reforms accounted for most of the users’ needs, since these needs cannot be satisfactorily ascertained without involving the users. Compared to the present cadastre, a multi-purpose cadastre has a much wider range of potential users and stakeholders, representing an equally diverse range of needs. It is therefore even more important that all users, including the potential ones, are involved in the reform of the present cadastre to multi-purpose status. When improving an existing cadastral system it is essential to gain a detailed understanding of it and the environment in which it operates, preferably through a case study approach [14], and then making comparisons with other systems to gain an even better understanding of the system including its strengths and weaknesses. When examining the weaknesses, it is important to focus on the key processes associated with adjudicating, sub-dividing and transferring land rights. Further, it is essential to identify all the users, their needs, the system’s constraints and an achievable system design. It is also important that users understand the strengths and limitations of the improved system. Therefore, the development should encourage exchange of ideas among stakeholders in the cadastre, through such initiatives as public seminars and workshops. Cadastral Reform Issues The Bogor Declaration [11] identifies four major issues in cadastral development as namely land policy, legal, institutional and technical. A more detailed explanation of these issues, also referred to as options, is presented in technical papers of the FIG symposium on cadastral systems in developing countries [5]. Following is a discussion on the technical, legal and institutional issues for upgrading the Seychelles cadastre to multi-purpose status. 1. Technical Issues The multi-purpose cadastre being proposed for the Seychelles will necessarily be computerised. This is essential because it is a means to solutions for many of the challenges facing the present cadastre highlighted above. And further, computerisation is achievable in the mid-term, partly because the numbers of parcels and records in the title register are relatively small (approximately 33,500 cadastral parcels only - as of mid 1995, and a comparable number of records [9]. Computerisation will involve digitisation of cadastral plans to create a digital cadastral database (DCDB), and automation of the title register. The two components will be linked by the parcel identifier. Also to be automated are procedures for updating and querying the databases. The phasing of the creation of the DCDB and the automation of the titles register is likely to be contrary to the practice in some countries which have gone through the exercise already, where computerisation started with indexes, then proceeded to the textual data sets before conversion of the spatial data. In the Seychelles however, the creation of a DCDB should be embarked upon first or in parallel with computerisation of other components, because functions of the present cadastre which are in need of urgent improvement, notably planning for sustainable development, concern the spatial component. Furthermore, the importance of prudent planning of the Seychelles fragile environment places urgent demands on its land information systems to support more sophisticated spatial analyses. The DCDB is a basic spatial data set that together with the digital topographical map would constitute part of the core of a future land information system. The Bogor Declaration [11] notes that any move towards the adoption of a programme of computerisation should be subject to the availability of trained staff or contractors, the access of maintenance and support staff, adequate communications, and a suitable storage capability. Presently, the above requirements are not adequately satisfied. Experience world-wide has shown that the development of a fully computerised MPC or land information system is difficult technically, especially the processes required to keep such a system up-to-date. Today there are few western countries which have solved all the technical, institutional and legal issues to achieve such a vision - however the achievement of such a vision for most countries in the foreseeable future is inevitable. Therefore, a deliberate effort towards having a continuous supply of staff with appropriate skills, and an infrastructure for handling digital spatial data should be given urgent attention. However the latter may be established within a wider framework of a national information infrastructure. Already, the government has in place a computer policy which seeks to coordinate the implementation of computerisation within government departments, and an agency responsible for providing support services for the government’s computer resources. However, these initiatives need to be augmented to achieve a comprehensive nationwide information infrastructure that meets the requirements of spatial data. The information infrastructure (consisting of data, human resources, policies and computer and communications resources) is essential to facilitate easy exchange of information by standardising data definitions and ensuring compatibility among formats and systems. It also checks the wasteful uncoordinated creation of information systems and duplication of data collection, and enhances formulation of policy concerning information technology. The establishment of this infrastructure should be overseen by a national coordinating body representing stakeholders in information technology. For the MPC to achieve wider equity benefits and broader utility, the community should be aware of the role of information in decision making. Because the users may not be able to adequately define their needs and in order to demonstrate the benefits of the system, its development should start with a prototype. The application of the prototype should then afford users a better understanding of the system and therefore enable them to refine their requirements in accordance with evolutionary prototyping [3]. During the implementation of the prototype, the old manual procedures should be maintained in case the project stalls or is called off. 2. Legal Issues Cadastral reform ordinarily entails a review of all land registration legislation and possibly enactment of new legislation. For reform that involves computerisation of cadastral databases, some of the issues that may have to be addressed by legislation and regulations include: accepting digital data into the registration system; rights over ownership, possession, use and modification of digital data due to ease of access and transmission; and acceptance of digital data as evidence in courts of law. In addition it will be necessary to review survey regulations to accommodate new procedures brought about by technological advances, and the acceptance of data in digital format. 3. Institutional Issues The computerisation of the cadastre will certainly have a wide ranging impact on the organisations responsible for its management. International trends suggest that these organisations will need to be restructured, creating new sections and doing away with others, altering the administrative hierarchy and changing the institutional arrangements. There will also be a need for greater coordination and cooperation among the land related organisations, and particularly between those responsible for survey and, and title registration. Furthermore, the organisation(s) responsible for the DCDB and a future automated title register may have to re-orient their focus from surveying and mapping and land transfer per se to being a geographical data or land information provider. This will in turn require them to diversify and market their products to better meet the requirements of an increasingly diverse clientele. LESSONS LEARNT The Seychelles cadastre has come a very long way from its humble beginning in 1786, but it owes its most significant development to cadastral reforms over the last four decades which were driven by the need to promote economic development, social stability and environmental management. The cadastral reforms have been largely successful in achieving their objectives which included: establishment of a robust and uniform framework for cadastral surveying and topographic mapping; changing from a general to fixed boundaries system primarily to address boundary disputes; and moving from a rudimentary deeds registration system which was fraught with problems, to a system of registration of titles. There are many lessons from the Seychelles for countries at a similar stage of development. These improvements in the Seychelles cadastre called for bold reforms, and for the reforms to have been implemented with the success they achieved is remarkable because few developing countries can boast of a similar achievement. However, there are factors that were in favour of the Seychelles and should be recognised, namely:
Importantly over a long period Seychelles’ governments have acknowledged the role of the cadastre in their goals for sustainable economic development. Thus, they gave important support to the cadastral reforms. At one stage however, the government overlooked an important success factor, namely securing public support for the reforms. As a result the second reform faltered and delayed the commencement of its benefits. The clear lesson from this experience is the importance of public involvement and support for reforms, especially those that require people to make voluntary choices. The required support can be obtained by making the people aware of the objectives and merits of the reforms, and providing incentives such as reducing the bureaucracy, taxes, and the cost of cadastral processes. The inequitable manner in which initial grants were issued to the early settlers whereby the few white settlers were granted much bigger areas at the expense of the majority Africans proved to be the source of a crisis that threatened social order. This crisis was resolved by introducing a land reform policy that saw the government buy back idle land for re-distribution to those who were virtually landless. The success of this land reform depended very much on the cadastre. Ironically, this land reform was pivotal in the success of the second cadastral reform. This demonstrates the inter-dependence of cadastral reform and land reform. It also clearly shows the importance or potential of using land reform to implement cadastral reform and vice versa. The rapidly growing population of the Seychelles, though modest by the standards of most countries, is of concern. This and the increasing affluence of the people, along with their attendant demands for housing and other physical infrastructure, are exerting much pressure on the fragile land resources. This pressure in turn demands very comprehensive planning which in turn requires accurate data about all aspects of land and sophisticated procedures to manage the land. The above pressures have also raised the demand for land, thus giving rise to a land market. In addition, modernisation has raised the expectations of the people with regard to service delivery, including the services from the cadastre. Furthermore, there has been increased use of cadastral data by the private sector, as awareness of its importance in decision making increases and because it is freely accessible by the public. All these developments have further amplified the importance of the cadastre, but have also exposed the need for it to be more efficient. The requirement for improved efficiency and land information focus are justification for further technical, legal and institutional reforms which should result in the Seychelles cadastre upgrading to multi-purpose status. The phasing or timing of the cadastral reforms was also very important because the first reform contributed to lowering the cost of the second reform. The spatial component of the Seychelles cadastre has been special because of the importance of the planning function of the cadastre which is in turn traced to the fragility of the country’s environment. That explains why it was addressed first in previous reforms. The next reform should also address this component first or in tandem with the textual component. This is significant because for many cadastres that have been computerised, the spatial component is often computerised after the computerisation of the land register. The full computerisation of the cadastre will be a major opportunity for the country to establish a national information infrastructure which will among other things promote coordinated use of resources for collecting, sharing, exchanging and using digital data, including cadastral data. By establishing a single reference framework (datum and projection) for both cadastral and topographic mapping, the Seychelles has also avoided the problems of integrating cadastral and topographic maps which are faced by many countries. The reforms to computerise the cadastre should also bear in the mind the computerisation of the topographic data of the area where 96% of the population resides. The latter is again achievable in the mid-term again because of the small size of the area - 196 square kilometres. 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