•Manual interpretation of 3D boundary textual descriptions is needed.•Difficult to identify analogue 3D legal boundaries within buildings.•Visualization of 3D real property boundaries.•Legal aspects ...need to be addressed.
This paper discusses problems and challenges concerning the process of conversion of 2D analogue cadastral boundary plans into 3D digital information and is based on experiences from a research project on visualization of 3D property boundaries in Sweden. An area next to a newly constructed sports– and event arena in Stockholm, where 3D properties are formed, is used as a case study in the project to illustrate the process and the problems related to it. Focus lies on legal issues, although other aspects are mentioned as well. The rights, restrictions and responsibilities (RRRs) are registered in the national Real Property Register, which also includes registration in the two–dimensional Digital Cadastral Index Map.
A description of the process of forming 3D property is included in the paper regarding the documents and parties involved. The result of the study is that it is necessary to interpret two–dimensional cadastral data and textual descriptions in order for it to be used in a digital 3D environment, e.g. BIM.
The study shows that current legislation has to be investigated and interpreted in detail to be able to add or transform into using 3D models as part of cadastral decisions in Sweden. The current cadastral process is also analysed and suggestions for further development are provided.
The concept of 3D cadastre is widespread internationally and part of many nations’ legal infrastructure. Since the publication of a literature survey on 3D cadastre research by Paulsson and Paasch in ...2013, there has been a considerable amount of research output and activities in regard to 3D cadastre, which led us to believe that a new investigation of 3D cadastre publications could be of interest. The aim of this study is to analyze the development in 3D cadastre research during the years 2012–2020, focusing on the legal perspective of 3D property. A classification was made into main groups, legal, technical, registration and organizational, also investigating the occurrence of sub-themes such as visualization, BIM and standardization. The results of other literature studies on 3D cadastre research were compared with the outcome of this study. The number of identified publications during the analyzed years was 530. The study showed that the number of publications on legal topics has increased, but in relation to the other groups is still rather low. The 3D cadastre research community could benefit from the inclusion of the legal perspective in publications from other main groups, along with an increased focus on international comparative studies.
Multiple Land Administration Domain Model (LADM) related studies have been carried out in two decades. ISO 19152 LADM is an international standard and an abstract, conceptual model covering the land ...administration domain (including those over land and water and elements above and below the earth's surface). The LADM is considered an important component for managing and developing land administration systems worldwide. In the context of this study's, scientific publications related to LADM are examined to carry out a bibliometric analysis on LADM research from 2012 to 2020. The extent of this investigation is limited to the Scopus database for scientific publications. All databases belong to the most extensive peer-reviewed summary and citation databases. It is noted that this study is based on the same principles as the research published by Paulsson and Paasch (2015), building on existing knowledge and aiming to add value in support to the current development of Edition II of the LADM.
In this study, which covers 2012–2020, 175 LADM related scientific publications were found in the Scopus database. When the distribution of publications in journals is examined, Land Use Policy has the most published manuscripts related to ISO 19152 LADM. This analysis considers author identification, type of paper, organisational issues, and bibliometric analysis components. The analysis considered articles, books, and proceedings directly related to the LADM and included in the Scopus database or conference and workshop proceedings. For this, articles and books were selected from the Scopus database. Also, the proceedings were selected from those presented in the International Federation of Surveyors (FIG) events and workshops on LADM. Overall, this paper aims to arrange and present the global scientific production on LADM-based research.
•International standards (LADM and ISO) play a vital role in the development of cadastral systems.•This paper aims to determine Global scientific production on LADM-Based research using bibliometric analysis from 2012 to 2020.•At a crucial time for LADM, during its revision process and with several publications since its vote as ISO standard, this bibliometric analysis provides important background for the research carried out so far. Covering an international context and taking into account publications in well-recognised sources, i.e. Scopus and FIG events, the analysis considered criteria according to their content.
•3D cadastre for subway is a challenge for national land administrations systems.•3D cadastre for subway improves secure of constructing, financing and managing.•3D cadastre for subway improves ...information for future underground development.•3D cadastre allows for legal separation of the subway tunnel from ground property.
The paper focuses on approaches to the registration of real property rights in the case of underground or subway tunnels in different EU countries: Austria, Bulgaria, Czech Republic, Croatia, Greece, Poland, Slovenia, and Sweden. The authors conducted analysis on the registration of rights to subway tunnels in the chosen countries, including its effectiveness in ensuring appropriate property rights to construct and exploit tunnels. Special attention was given to limitations related to the lack of legal provisions vertically dividing space, i.e. into layers, and referring to the ownership right to the layers. Benefits which might be achieved by the introduction of a 3D real property subdivision were pointed out. The analysis of the available data concerning the geometry of subway tunnels in particular countries was presented. The authors tried to answer the question whether the accessible data concerning the geometry of subway tunnels allows to generate a 3D geospatial model of a constructed object, and to specify the space which should be determined as a 3D parcel in the 3D real property cadastre, for the purpose of registering property rights for the object (the tunnel).
The formation and alteration of real property and rights, restrictions and responsibilities are important parts of land administration. Research on the distribution of publications in the ...three-dimensional (3D) cadastral domain has been in focus as a specialised part of real property research during the last decades. A number of literature surveys on research trends in the domain show a growing number of publications during the last decades. The number of publications have increased considerably within a range of topics, classified into legal, technical, registration and organisational categories of 3D property. The purpose of the research presented here is to contribute to these analyses of the number and thematic distribution of the 3D cadastral domain literature by analysing three aspects: 1) To add to the recent study by including 3D cadastre publications published during 2021 (Paasch and Paulsson, 2021a, 2021b); 2) To briefly analyse the classification of 3D cadastre research in technical programmes and proceedings of major conferences focussing, in total or in part, on 3D cadastre. 3) The results are used to contribute to the discussion regarding if the 3D cadastral domain is too diverse today to talk about a single 3D cadastral domain. An input to the discussion of what constitutes a domain is provided from an analysis of another land administration research topic that is often addressed in relation to 3D real property research; the international standard for land administration, the Land Administration Domain Model, LADM, ISO 19152.
•Literature survey of 3D cadastre publications 2012–2021.•3D cadastre research is expanding into new territories.•Is it realistic still to talk about the 3D cadastral domain?
•Survey and analysis on LADM research during 2001–2015.•More LADM research has been conducted on technical aspects and registration than on legal and organizational aspects.•Many legal publications ...focus on national legislation.•Legal and organizational research could be increased by e.g. international discussions and comparative studies.
The international standard for land administration, LADM, ISO 19152, has been the subject of numerous research activities during the last one and a half decade, with topics ranging from technical implementation issues and the registration of real property to legal and organisational aspects. However, some areas have been more researched than others.
The aim of this study is to provide an overview of the research as evidenced by research publications 2001–2015 to discuss the distribution of interest areas within LADM research.
In total 184 publications on LADM have been analysed in the study. The result shows that technical and real property registration issues have been in focus throughout the surveyed period, whereas there has been less focus on research on legal and organisational matters. There has, however, in recent years been an slight increase in legal research, whereas research on organisational matters, such as efficiency and how to organise and manage interests in land and the benefits and costs for implementing the standard, still is lacking in comparison with the other investigated fields of research, and should be an important area to research now during the implementation phase of LADM.
•Modelling of LADM's RRRs based on the Legal Cadastral Domain Model and Social Tenure Domain Model.•A specialized description of RRRs in the LADM may be of future value for social tenure land ...use.•Focus on expanded RRR code tables.•Need of maintenance of expanded RRR code tables.
This paper proposes a more detailed classification of the legal part of the Land Administration Domain Model (LADM), ISO 19152 (i.e. interests in land), than described in the current standard by further developing the LADM's ‘right’, ‘restriction’ and ‘responsibility’ (RRR) class and associated code lists.
Besides the more obvious formal right descriptions, this paper also deals with informal rights’ descriptions as introduced in the Social Tenure Domain Model (STDM) as a foundation for further LADM development.
The authors base their research on the Legal Cadastral Domain Model, as developed by and described in the Ph.D. thesis of Paasch, which is used as a conceptual basis for adding an additional level to the LADM. Interests in land can be classified in this model as limiting or beneficial to real property ownership. The extended classification is further based on the paradigm that there are two major types of interest in land, privately agreed interests and regulations imposed by a public agency.
The incorporation of a specialized classification of RRRs in the LADM is of value for more inclusion of social tenure in (inter-)national land administration registers. The LADM allows national profiles to be added to the standard, however, such profiles are relevant within a country. These profiles are needed in cases where detailed data of interests in land have to be exchanged internationally. International data exchange requires maintenance of code tables representing the different RRRs in use within countries. OICRF has announced an initiative in support to this.
3D property formation has become an important solution to provide a more comprehensive and accurate representation of the property’s physical characteristics than traditional 2D property formation. ...Despite the numerous benefits of the 3D property formation, there is a need for more detailed descriptions of 3D cadastral data delivery between the involved actors to ensure efficient and effective collaboration. In particular, the practical difficulties are when/what related 3D cadastral information and models should be exchanged and stored from/to whom. Therefore, to address these issues, we propose a lifecycle 3D property formation process with four phases by designing an IDM process, which is an international open BIM process standard. In the purpose of forming a Swedish lifecycle 3D property formation process, the IDM process has been applied through organizational, legal and technical aspects, including identifying actors and their roles and values, gathering 3D property formation requirements, defining the data exchange requirements and designing the process map. Moreover, a case study was used to specify the Swedish lifecycle 3D property formation process and information delivery between stakeholders in the IDM. The aim is to facilitate a standardized and unambiguous digital 3D property formation procedure on a national level in order to improve and enhance the digital Swedish Cadastral and Land Administration Systems, but the process is quite generic and could also be applied in other countries.
•We propose a BIM-based approach to design a lifecycle 3D property formation process.•An IDM process to describe 3D cadastral data delivery between actors in details.•Application of the IDM process through organizational, legal and technical aspects.•How the property formation procedure would work in IDM with a Swedish case study.•Conductive to improve the digital Swedish Cadastral and Land Administration Systems.
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.
The concept of condominium in Denmark is traditionally associated with owner apartments used for residential purposes (individually owned by the resident). The condominium law translated from Danish: ...“Law of owner apartments” was primarily intended to support the housing market and was mainly introduced to allow renters to become owners of a rental apartment in a high-rise building, i.e., making it possible forthem to enter the housing market without having to invest in an (often more expensive) traditional house on a real property. However, the law also applies on other nonresidential rooms in a building, thus the expression, many faces, is appropriate. The ownership right to a condominium unit includes a share in all components of the common property. This share also includes the responsibility to pay for common expenses regarding the common components. In traditional high-rise (single-use) buildings the common components of the condominium property include e.g., the outer walls, roof, cellar and a staircase or an elevator. Because of the nature of (single-use) buildings it is often fair to say that all condominium units have an equal benefit of the common components. Thus, it is regarded as being fair that all condominium units contribute to expenses to maintain and renew those common components. Therefore, the condominium law is partly designed to support this benefit-all principle, and the allocation of rights and responsibilities is done mainly by using a co-ownership share, where each condominium unit’s share is calculated using the relative value and size of each condominium unit. The benefit-all principle does not consider the actual benefit of each condominium unit. However, the rise of mixed-use developments in Danish urban planning has made it necessary to further develop and customize the allocation of ownership rights in such mixed-use condominium schemes in order to specify the allocation of ownership rights and responsibilities of common components, mainly because it is not fair to accept that all units have the same benefit of the common components. Based on four case studies all representing mixed-use condominium developments we analyse various management structures used in Danish practice. In our conclusion we propose that condominiums are used broader than original intended for various non-residential purposes and in mixed-use developments. The effect of this, is more complicated condominium schemes that require a customized management structure and allocation of rights and restrictions of common components.
•Legal structure of a condominium scheme.•Distinct generation of condominium legislation.•Complex condominium scheme.
PDF
