•NoSQL, blockchain, and big data invite re-thinking on provisioning land tenure security.•Technologies are enabling both operational efficiency and service innovations in land sector.•Uptake remains ...largely at the level of proof-of-concept, demonstrator or pilot.•Political, socio-cultural and institutional settings to govern speed and levels of transformation.
Unstructured data, non-relational databases, distributed databases, and big data analytics potentially change the landscape for digital land data creation, use, management, and dissemination. The way land data is governed and the resultant impact on land tenure security delivery is open to substantial re-thinking. Drawing from international cases, this paper provides a state-of-the-art examination of prototypes and demonstrators from the global land sector. The aim is to deliver an insight into the opportunities, challenges, impacts, and future scenarios regarding the application of the emerging technologies. The paper finds that whilst uptake of non-relational and distributed databases is occurring, it remains largely at the level of proof-of-concept, demonstrator or pilot. Scaled uptake is occurring slower than anticipated, and to a lesser degree than in other sectors. However, the broader and longer-term impacts on the land sector remain difficult to judge. Meanwhile, emerging distributed analytical databases appear to be under-exploited or at least underexplored within the land sector. Overall, the examined technologies are seen to enable new operational approaches for conventional land sector transactions, and also entirely new land related services, digital products, and actors: the ways and means of holding, transferring, and securing land may become more nuanced, fractionalized, and/or automated. Whether these observed embryonic developments lead to sector transformation or orderly transition, is seen to be heavily reliant on the prevailing political, socio-cultural and institutional settings within a jurisdiction.
Conflicts in Roman Land Law in the Era of the Empire Gvozdeva, Inna Andreevna
Vestnik Rossiĭskogo universiteta druzhby narodov. Serii͡a︡: Vseobshchai͡a︡ istorii͡a,
09/2023, Volume:
15, Issue:
3
Journal Article
Peer reviewed
Open access
The purpose of this study is to examine agriculture of the Ancient Rome from the point of view of the development of judicial proceedings in this branch. During the period of transition from the ...Republic to the Empire several systems of land surveying were formed in Rome, which contributed to the improvement of land management. In the centuriation system the categories of land ownership and possession were most clearly defined. The task of this study is to show how in land disputes (controversies) there was a change of the archaic legal procedure to the formulary one, characteristic of the preclassical period. However, it is the analysis of controversies that reveals the peculiarity of Roman agriculture, in which the archaic features in legal proceedings not only persist for a long time but also linger until the classical period of Ius Civile. Such controversies as “de loco”, “de fine”, “de proprietate” were conducted using the archaic verb litigo (including the classical period). But at the same time, in the pre-classical legal proceedings the verb “ago” was introduced into the process. Though the combination of features of the archaic and formulary processes complicated the judicial process in land disputes, nevertheless, it retained all the characteristics of the ancient land law which was also important in the classical period of Ius Civile.
The right of ownership is the broadest and one of the most basic property rights, which allows the owner to use and dispose of possessions without the participation of third parties. Therefore, the ...process of modernising the land and building register (MLBR) is extremely important considering, for example, that the data contained in this register is the basis for the subsequent calculation of public-legal obligations associated with the owned property, such as taxes. According to the current legislation, the data collected in the land and building register (cadastre) on the type of land use in combination with the soil classification of agricultural and forest land, the use of the property, its purpose and other information, are the basis for determining the agricultural, forest and real estate taxes by the competent authority. In Poland, in most cases, we have to deal with a situation in which the data appearing in the register differs from the actual state. Municipal budgets suffer losses because of this, and owners of properties of similar area and value sometimes pay completely different taxes. In this paper, the authors show a practical example of MLBR and the problems existed with it.
Due to the needs of modern society, cadastral systems should be designed to support three dimensional (3D) spatial data. One of many possible approaches for implementing a 3D cadastre, in countries ...such as Croatia, is to establish a Building Register as a transitional register between 2D and 3D cadastres, where data about buildings and infrastructure would be collected, gradually adapted to the data model of 3D cadastre, and finally migrated to the 3D cadastre database. Sources for establishing the Building Register can be based on the records of state surveys, the register of administrative units, the land book, data managed by local and regional self-government units, data from construction documentation according to special regulations in the field of spatial planning, data managed by the building and infrastructure managers, as well as from other sources. A significant element of the 3D cadastre would be the inclusion of representations of buildings and units of use, as well as public utility infrastructure and complex spatial real-life entities (e.g., bridges, tunnels, overpasses, underpasses, overlapping of constructed objects with natural facilities, large shopping malls with more underground and overhead floors etc.). This paper presents a conceptual model of a 3D cadastre in Croatia by establishing the Building Register with focus on unit of use of real properties, namely apartments and office spaces. The paper also summarizes the current situation regarding the Croatian Land Administration System (LAS) and proposes a conceptual model for modelling unit of use of real properties. Additionally, a proposal is made herein to assign unique identifiers to buildings and their parts in a logical manner which would be intuitive and clear to citizens of Croatia, citizens of European Union and citizens of Croatia neighboring countries. The proposed methodology of determining unique identifiers could provide the means for easier navigation in 3D space and better understanding of spatial information by lay citizens, by institutions or emergency services.
•Conceptual model of a 3D cadastre in Croatia.•Summarizes the current situation in Croatia and proposes a conceptual model for modelling unit of use of real properties.•Unique identifiers for unit of use could provide the means for easier navigation in 3D space.
From the year 2014 to July 31, 2020, setting out a building was surveying work subject to the obligation to report to the locally competent district governor (starosta) before it was commenced. ...After completion of the building setting out, the contractor of surveying works was obliged to notify the authorities of the completion of the surveying works and to submit the results of surveying works connected with the building setting out. Since July 31, 2020, following the amended Geodesic and Cartographic Law, the obligation to report the building setting out has been repealed. Despite that, the real estate owner will still be obliged to submit an appropriate application to the starost to disclose the new land use in accordance with Article 22 of the Geodesic and Cartographic Law. The author has analysed 31 documentation sets, being the results of building setting out procedures. The analysis verified the size of a land parcel on which the buildings were set out, what land use was presented before setting out and what land use was presented after the building setting out. In addition, the current state of development of the land parcel (as of July 2020) was examined using map portals, and an orthophotomap was used to check whether the building was constructed, in order to verify whether the real estate cadastre was updated further.
The Land Administration Domain Model (LADM), an international standard (ISO 19152:2012), provides a conceptual data model for land administration. This study applies the LADM model to a previously ...unexplored case: the administration of homestead lands (residential lands) in rural China. In China, rural homestead tenures have been altered through several iterations since 1949, variously serving economic development, political governance and social security objectives. An intended contemporary reform of the homestead tenure system is based upon: (1) collective ownership by local communities; (2) qualification rights, a kind of personal servitude to safeguard the social security of individual community members; and (3) use rights, usufructuary interests offering management options to promote economic development. This work shows it is possible to translate this tripartite entitlement reform of rural homesteads into an LADM profile, with rights, persons, and land forming the base components. Four (sub) packages are formed, namely, Party, Administrative, Spatial Unit and Surveying and Representation. The work finds the LADM-based model, applied to the administration of China’s rural homesteads, could facilitate the land tenure reform of rural homesteads, enable interoperability with other aspects of land administration, and could support national responses to those Sustainable Development Goals (SDGs) relating to poverty eradication, rural revitalization and intensive land use.
•The evolution of rural homestead property system since the foundation of People’s Republic of China is summarized.•The existing rural homestead rights structure after the tripartite entitlement reform is discussed.•An LADM-based rural homestead administration system for facilitating land tenure reform is developed.
There are a wide variety of Land-use Regulation (LuR) restrictions, ranging from those that need simple 2D spatial analyses to be verified (e.g., area calculation), to those that need complex 3D ...analyses (e.g., overshadowing and overlooking). Assessing LuR restrictions to automatically detect LuRs’ potential conflicts with physical objects, such as building elements, could be a challenging task in 2D land administration systems relying on 2D drawings and 2D representations, especially when 3D/vertical analyses are required. Land administration systems can include 3D representations of LuR restrictions to identify their impacts on land parcels and vice versa since the LuRs contain legally binding restrictions for all parties including governments and citizens. As part of the transition from the 2D representation of LuR restrictions and manual conflict detection between LuR restrictions and physical objects such as building elements towards a 3D digital representation and automatic conflict detection, this paper proposes a three-stage conceptual framework for automatic 3D modelling and conflict detection of 3D LuR restrictions. The three-stage conceptual framework, as a generic approach, proposes required principles and procedures to automatically (1) model 3D LuR restrictions (called 3D CityLuR), (2) combine them with other sources of information (e.g., zoning maps, 3D city models, and BIM), and (3) detect LuRs’ potential conflicts between the modelled LuRs and physical objects (i.e., proposed/existing building elements). For modelling and verifying 3D LuRs automatically, the framework organises all the required information for IFC (Industry Foundation Classes) as the proposed building, CityGML as the existing buildings, and most importantly, the planning and zoning requirements. It proposes two categories of required information as “level of information need” for (1) modelling and combing 3D CityLuR with other sources of information automatically and (2) automatically detecting potential spatio-semantic conflicts between LuR restrictions and physical objects such as proposed/existing building elements. Based on a case study in Victoria, Australia, 3D LuR restrictions subject to planning approvals and building subdivisions are investigated. The paper concludes with a discussion arguing the feasibility of automating the verification of LuR restrictions to support decision-making in planning permit applications and building subdivisions.
•A Three-Stage Conceptual Framework for Automatic 3D Modelling and Conflict Detection of Land-use Regulation Restrictions.•Transitioning from Manual 2D Verification to Automatic 3D Modelling and Verification of Land-use Regulation Restrictions.•Modelling 3D City Land-use Regulations Automatically (Called 3D CityLuR) and Combining it with 3D City Models and BIM.•Required Information as “Level of Information Need” to Combine 3D CityLuR with Other Sources of Information Automatically.•Required Information as “Level of Information Need” to Detect 3D CityLuR’s Potential Spatio-Semantic Conflicts Automatically.
This article discusses 3D cadastral objects registration with time attributes and implementation within the Turkish Land Administration Domain Model (LADM) framework. This research will discuss the ...practical pathway towards realizing LADM-based 3D cadastral objects registration and focuses on extending the representation of those cadastral objects to 4D (3D + t) with time attributes in alignment with the jurisdictional settings in Turkey. The prototype development begins with data modelling. Also, the data was managed in an open-source PostgreSQL database. The developed prototype can answer all questions about cadastral objects, such as property, right, restrictions and responsibility (RRR) types, temporal queries and spatial source document and usage type of cadastral objects. It has been anticipated that this study may serve as a model for other national authorities with similar land management systems, particularly cadastral objects with time-qualification records, including the existing Spatial Data Infrastructure (SDI) initiative in Turkey.
The ocean is a formation that has a volume and consists of a surface layer of water, a column, and a bottom. Visualization of the sea on a digital map is important to support the acceleration of ...marine spatial planning (MSP), which is generally two-dimensional on a flat plane. A marine cadastre is defined as an instrument used in managing spatial boundaries, which describes, visualizes, and realizes legally defined boundaries as well as rights, restrictions, and responsibilities related to activities in the marine environment. Therefore, visualization in 3D will open a wider perspective than conventional maps. The 3D marine cadastral system was built using the Penanjung Bay pilot project and the QGIS2ThreeJS plugin with JavaScript. The results obtained can provide a 3D visualization of the position and boundaries for each component of the marine cadastre in Penanjung Bay with a broader picture of the sea spatial layout in the region.
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