Search

Among the topics that are introduced and/ or being refined in the context of the revision of the LADM 19152:2012, the legal Land Administration-related aspects are being investigated. With the knowledge and the experience from the developments of the LADM so far, and the ongoing discussion between the parties involved in the standardisation process, the need to clarify certain legal land related aspects and to examine the alternatives for further refinement is highlighted. Therefore, this paper presents prior work on LADM-related legal aspects since the vote of LADM as ISO standard (2012), till the time of the preparation of this paper (2021) to report the necessary background for this research. This concerns the developments related to the various legal refinements that have been proposed during this time period and specifically the refinement of the legal profiles, the LADM functional support to representation of both statutory and customary tenure and the work regarding the explicit definition of restrictions that arise from Public Law. Moreover, this paper focuses on documenting the proposals on a refined legal model for the LADM Edition II. These include the following: (a) more detailed classification of RRRs, based on the two major types of interests in land: privately agreed interests as well as regulations imposed by a public agency and Public Law restrictions. The paper also includes (b) a discussion on the extent that LADM Edition I provides efficient support for the title and deed registration systems (as others e.g. in socialist environment), as well as (c) a discussion on how restrictions and responsibilities can be modelled as rights’ relationships between an owning and a benefitting Party.

Intense exploitation of land implies the development of multi-level, multi-purpose, overlap-ping 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.

Intense exploitation of land in the vertical direction has brought up complex legal relations between different types of spatial units with various characteristics (e.g., land, marine, air, underground parcels, and infrastructure objects). Therefore, the use of 3D models is required to clearly represent real property and associated Rights, Restrictions and Responsibilities (RRRs), deriving both from Private and Public Law. The latter are either not registered to cadastral systems (i.e., in The Netherlands very few have been registered like the private natural beauty areas, as they came with tax benefits), or are recorded to individual, thematic registries. Public Law Restrictions (PLRs) impose significant impact on ownership rights and land management, thus requiring to be systematically organized and registered. This brings out issues of identifying which types of PLRs need to be registered (based on land administration policies that apply in each country/ jurisdiction), selecting and “spatializing” them (in 2D/3D/nD). Within the field of land administration, the ISO 19152:2012 Land Administration Domain Model (LADM) plays predominant role in standardizing legal relations between parties (people) and spatial units (land). LADM is currently under revision with its second edition widening its scope as a multipart standard comprising 6 Parts. The revision of LADM stimulates discussion on new concepts that could be included at the Edition II, and possibilities of refining the existing ones. In this context, the paper investigates the option to model PLRs into the multipart standard and investigates how to optimally categorize them based on the LADM Edition II Parts. The paper builds on previous work by the authors and aims to propose a flexible framework to model PLRs at conceptual level in the context of LADM Edition II. To validate the modelling proposal, two case studies of PLRs are studied. The first one relates to the restrictions imposed on land parcels crossed by the Trans Adriatic Pipeline (TAP) in Northern Greece, and they refer to the establishment of protection zones, where construction and agricultural restrictions apply. The second case study refers to land use restrictions in the vicinity of an archaeological site in the municipality of Patras, in southern Greece. Those use cases were selected because of their generic character that may apply to other countries/ jurisdictions, regardless of legal framework differences.

The concepts of three-dimensional (3D) real property have been the subject of increased interest in land use management and research since the late ‘90s. Literature provides various examples of extensive research towards 3D Cadastres as well as those that are already implementing 3D cadastral systems. However, in most countries the legal aspects of 3D real property and its incorporation into 3D cadastral systems have not been so rigorously examined. This paper compares and discusses 3D property concepts in 15 cadastral jurisdictions, based on the authors’ national experience, covering Europe, North and Latin America, Middle East and Australia. Each of the legal system in these cadastral jurisdiction are based on different origins of Civil Law, including German, Napoleonic and Scandinavian Civil Law, which can prove useful to research in other Civil Law jurisdictions interested in introducing 3D cadastral systems. These jurisdictionsare at different stages of introducing and implementing a 3D cadastral system. This contributes to the detection of the 3D real property concepts that apply as well as deficiencies that prohibit introduction of 3D cadastral systems, while highlighting challenges that may have not yet surfaced in individual jurisdictions. This paper aims to present the different legal concepts regarding 3D real property in the examined countries, focusing on the characteristic features of cadastral objects described as 3D within each country’s legal and cadastral framework. The analysis of the case studies revealed that the countries are on different stages of 3D Cadastral implementation, starting from countries with operational 3D cadastral systems, to others where there is yet no interest in introducing a 3D cadastral system. This paper presents the nature of 3D cadastral objects in each country, as well as differences in the regulatory framework regarding definition, description and registration. The paper continues the legal workshop discussions of the 4th International Workshop on 3D Cadastres in Dubai 2014 by analysing the legal concepts of 3D cadastres in the above-mentioned countries. The outcome is an overview and discussion of existing concepts of 3D property describing their similarities and differences in use, focusing on the legal framework of 3D cadastres. The article concludes by presenting a possible way forward and identifies what further research is needed which can be used to draft national and international research proposals and form legislative amendments towards introduction of national 3D cadastral systems.

The concepts of three-dimensional (3D) real property have been the subject of increasedinterest in land use management and research since the late ‘90s while literatureprovides various examples of extensive research towards 3D Cadastres as well asalready implementing 3D cadastral systems. However, in most countries the legal aspectsof 3D real property and its incorporation into 3D cadastral systems have not beenso rigorously examined.This chapter compares and discusses 3D property concepts in fifteen selected countries,based on the authors’ national experience, covering Europe, North and LatinAmerica, Middle East and Australia.

The concepts of three-dimensional (3D) real property have been the subject of increased interest in land use management and research since the late ‘90s while literature provides various examples of extensive research towards 3D Cadastres as well as already implementing 3D cadastral systems. However, in most countries the lega l aspects of 3D real property and its incor poration into 3D cadastral systems have not been so rigorously examined. This paper compares and discusses 3D property concepts in six selected countries: Austria, Brazil, Croatia, Greece, Poland a nd Sweden, based on the authors’ national experience. Each of these countri es’ legal system is based on di fferent origins of Civil Law, including German, Napoleonic and Scandinavian Civil Law, which can prove useful to research in other Civil Law jurisdictions inte rested in introducing 3D cadastral systems. Selected countries are on different stages of introducing and implementing a 3D cadastral system ; this may contribute to th e detection of the main 3D real property concepts that apply as well as deficiencies and malfunctions that prohibit introduction of 3D cadastral systems, highlighting challenges that may have not ye t surfaced. This paper aims to present the different legal concepts regarding 3D real prope rty in the examined countries, focusing on the characteristic features of cad astral objects described as 3D within each count ry’s legal and cadastral framework. The analysis of the case studies revealed that the countries are on different stages of 3D Cadastre implementati on, starting from countries with operational 3D cadastral systems, to others where there is yet no interest in introducing a 3D cadastral system. 3D cadastral objects in each country are presented, as well as differences in the regulatory framework regarding definition, desc ription and registrati on. The paper continues the legal workshop discussions of the 4th Inte rnational Workshop on 3D Cadastres in Dubai 2014 by analysing the legal concepts of 3D cadas tres in the above mentioned countries. The outcome is an overview and discussion of exis ting concepts of 3D pr operty describing their similarities and differences in use, focusi ng on the legal framework of 3D cadastres. The article concludes by presenting a possible way forward and identifie s what further research is needed which can be used to draft national and international resear ch proposals and form legislative amendments towards introduction of national 3D cad astral systems. 3D Real Property Legal Concepts and Cadastre - A Comparative Study of Selected Countries to Propose a Way Forward.

Three-dimensional (3D) real property has been the subject of increased research activity during the last decade. This article continues the discussions of the legal framework sessions at the 4th international workshop on 3D cadastres in Dubai 2014 in order to further develop and analyse the legal concepts of 3D real property, and presents an overview of experiences from 3D property use and registration. The outcome is intended to initiate discussions on the legal framework of 3D cadastres and aims at identifying the main topics concerning the legal aspects of 3D property and cadastre.