Public Law Restrictions in the Context of 3D Land Administration—Review on Legal and Technical Approaches

Abstract

Intense exploitation of land implies the development of multi-level, multi-purpose, overlapping and interlocking structures on 3D space, thus resulting in complex, stratified, 3D real property rights between individual owners, as well as restrictions. Legislation regulates the ownership status and use of land by imposing restrictions known as Public Law Restrictions (PLRs). PLRs extend to various fields and various legislative frameworks, such as the protection of archaeological sites, protection and maintenance of underground infrastructures and utilities, environmental protection, flying of unmanned air vehicles, etc. PLRs are usually investigated in the context of property rights and restrictions in the various Land Administration Systems worldwide, and do not often gain specific attention. However, it is noticed that the restrictions that arise from Public Law need to be investigated and classified, so that they can be better utilised in the property status of land ownership. This review paper investigates the legal statutes on PLRs within the context of 3D land administration and the stipulations used to provide unambiguous modelling of PLRs, as provided by the relative literature. Moreover, the PLRs applied in the 3D space, to clearly depict rights, restrictions and responsibilities on the relevant spatial unit (land, air, marine parcel, mine, utility network, etc.), are particularly examined. Therefore, this work is to critically review and assess the aforementioned approaches on PLRs’ registration, modelling and organisation, as provided by a literature survey, and provides an overall view of the requirements and challenges within the development of 3D Land Administration Systems also considering standardisation developments.

Bim-Ladm Amalgamation — A Review

“…They also addressed issues like interoperability, standards, and the integration of BIM with existing land administration models and showcasing the diverse applications of BIM/IFC across the globe. These efforts contribute to a growing body of knowledge aimed at leveraging BIM for efficient and accurate 3D representation of land and propertyrelated information (Kitsakis et al, 2022).…”

Registration of the Legal Status of Public Utilities

“…Different jurisdictions also have different restrictions for building, protection, and maintenance of utility infrastructure, which can be authoritative or informative, and are often kept in different registers. The introduction and standardization of multi-purpose 3D cadasters would simplify the management of such restrictions [10]. Also, the introduction of 3D spatial units and registration of their ownership in land administration systems would enable registration of ownership and restrictions on public utility infrastructure [11][12][13].…”

Bibliometrics on Public Utilities Registration Research

“…Public law restrictions, which, among others, include the restrictions intended for the protection and maintenance of public utilities, can be of an authoritative or informative character, and are usually managed by different organisations or institutions, as well as being recorded in separate databases. This shows the importance of standardising when it comes to the registration of public law restriction [39]. Furthermore, research on legal aspects shows the importance of 3D property units and their introduction to land administration, which could, in 3D cadastres, be owned or mortgaged directly [40,41].…”