3D cadastres: legal approaches and necessary reforms

Kitsakis, Dimitrios; Dimopoulou, Efi

doi:10.1179/1752270614y.0000000119

Cited by 14 publications

(11 citation statements)

References 2 publications

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“…The thematic layers presented in the article, taking into account their obligatory implementation in geoportals, may in the future form the basis for creating a 3D cadaster. A 3D cadaster has been discussed in the literature [52][53][54][55][56][57][58]. The implementation of the 3D cadaster will bring important changes in the concept of property rights in space.…”

Section: Discussionmentioning

confidence: 99%

Using Cartographic Documents to Provide Geoinformation on the Rights to Real Estate—Taking Poland as an Example

Ogryzek

Klimach

Niekurzak

et al. 2019

IJGI

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The current and planned EU regulations concerning INSPIRE have forced the Member States to develop national geoportals. The aim of creating geospatial data infrastructure was to unify the exchange of data at a national level, and consequently to create the INSPIRE geoportal by the Community Research Centre of the European Commission (JRC), which is to be the center of the European network of geospatial data infrastructure. New opportunities and new solutions to the problems have emerged through the use of thematic layers. The rights to the land each have potential restrictions on its use, and these rights can sometimes prevent the land from being used for its intended purpose. The purpose of the article is to demonstrate the possibility of developing maps showing the utility networks and the right to the land acquired by the utility company. The authors carried out a SWOT analysis of the systemic use of cartographic documents as a way of disclosing the rights to real estate in order to set up utility networks in Poland. The authors examined the impact of this solution on future property owners (investors) to provide them with full knowledge about a given area of real estate. Remote sensing methods may be useful for the disclosure of rights on maps of technical infrastructure, because currently there is no such information in the systems. The developed solution should be used by both local and national geoportals.

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Section: Discussionmentioning

confidence: 99%

Using Cartographic Documents to Provide Geoinformation on the Rights to Real Estate—Taking Poland as an Example

Ogryzek

Klimach

Niekurzak

et al. 2019

IJGI

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show abstract

“…The implementation of the 3D cadaster can resolve the above problem. The concept of the 3D cadaster has been widely discussed in the literature [54][55][56][57][58][59][60][61][62][63]. Its implementation will bring about important changes by introducing the concept of property rights in 3D space.…”

Section: Geoportals As Information Systemsmentioning

confidence: 99%

Legal Regulations Concerning Access to Public Waters—A Comparative Study

et al. 2019

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This article analyzes legal regulations concerning access to public waters. Public waters are surrounded by property belonging to various owners. The legal title to property is exercised throughout that property, but certain limitations apply to properties situated in the proximity of public waters. These limitations include the right to cross the property, and public access to water. The article discusses various legal restrictions that permit third parties to use land. The presence of legal limitations in the national information system was verified. Information on restrictions in land use considerably affect the owner’s right to property, which is why owners should be able to determine whether their property is encumbered by an easement. National information systems are currently being upgraded in Poland, and the availability of information on land use restrictions was analyzed in the existing databases.

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“…During the last years, Civil Law jurisdictions of Norway and Sweden have also introduced 3D real property units' legislation, while interest in introduction of relative legislation in other countries of Civil Law is growing. Each country uses different definition, terminology and attributes regarding independent 3D property units, such as relation to constructions, need of connection to the surface parcel or relation to a building or other establishment 10,11 . Paasch 12 based on the LADM (ISO 19152, 2012) developed Legal Cadastral Domain Model, a conceptual model classifying real property rights and restrictions, assisting in clarification of terminological deviations and effective cadastral data exchange internationally, especially when countries belong to the same legal family.…”

Section: Real Property Law and Legislation Defining Rrrsmentioning

confidence: 99%

Investigating correlation between legal and physical property: possibilities and constraints

2015

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Contemporary urban environment is characterized by complexity and mixed use of space, in which overlapping land parcels and different RRRs (Rights, Restrictions and Responsibilities) are frequent phenomena. Internationally, real property legislation either focuses on surface property or has introduced individual 3D real property units. The former approach merely accommodates issues related to subdivision, expropriation and transactions on part of the real property above or below surface, while the latter provides for defining and registering 3D real property units. National laws require two-dimensional real property descriptions and only a limited number of jurisdictions provide for threedimensional data presentation and recording. International awareness on 3D Cadastre may be apparent through the proposals for transition of existing cadastral systems to 3D along with legal amendments improving national 3D Cadastre legislation. Concurrently the use of appropriate data sources and the correct depiction of 3D property units' boundaries and spatial relationships need to be addressed. Spatial relations and constraints amongst real world objects could be modeled geometrically and topologically utilizing numerous modeling tools, e.g. CityGML, BIM and further sophisticated 3D software or by adapting international standards, e.g. LADM. A direct correlation between legal and physical property should be based on consistent geometry between physical and legal space, improving the accuracy that legal spaces' volumes or locations are defined. To address these issues, this paper investigates correlation possibilities and constraints between legal and physical space of typical 3D property cases. These cases comprise buildings or their interior spaces with mixed use, as well as complex structures described by explicit facade patterns, generated by procedural or by BIM ready 3D models. The 3D models presented are evaluated, regarding compliancy to physical or legal reality.

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3D cadastres: legal approaches and necessary reforms

Cited by 14 publications

References 2 publications

Using Cartographic Documents to Provide Geoinformation on the Rights to Real Estate—Taking Poland as an Example

Using Cartographic Documents to Provide Geoinformation on the Rights to Real Estate—Taking Poland as an Example

Legal Regulations Concerning Access to Public Waters—A Comparative Study

Investigating correlation between legal and physical property: possibilities and constraints

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