Legal Framework 3D Cadastres: Position Paper 1

This paper serves as the basis for discussions for the working session Legal framework 3D Cadastres, being one of the four working sessions at the 4th International Workshop on 3D Cadastres. The paper 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 cadastre and further future research. The paper starts by presenting and relating to results from the 2nd Workshop on 3D Cadastres and other research on legal issues. It continues by presenting some key topics in recent research and the challenges related to research in this field. Possible ways for how legal research can be increased are presented next, providing examples of possible research issues. The concluding part of this paper, finally, presents a possible way forward

New Trends in 3D Cadastre Research - a Literature Survey

During the last decade, several literature surveys on trends in 3D property research have been published. The latest publication is Paasch and Paulsson (2021), examining 530 research related publications from 2012 to 2020. It showed that 3D cadastre publications mainly have focused on technical and registration issues, even if there is an increase in research concerning legal and organizational topics compared with a similar survey from 2013. The Paasch and Paulsson (2021) survey identified some 3D cadastre topics that have gained increased focus during the investigated period but were not analysed in detail in the study. These research topics are investigated further in this paper. The topics are analysed in the same manner as in the 2012 and 2021 surveys, i.e. classifying them into Legal, Technical, Registration and Organizational classes. The publications are part of the 2021 study but are analysed more in detail in this paper in relation to some of the topics. This paper is an addition to this study where we have identified areas that we think should be of interest for further research, but not yet investigated in detail. These areas are BIM (Building Information Modelling), 4D cadastre, marine and water applications, and valuation. Out of the 530 publications in the Paasch and Paulsson study, 22 publications were identified as BIM related, 11 as 4D cadastre related, 11 related to marine and water applications, while 8 publications dealt with valuation topics. The paper shows that there seems to be an increased interest for the presented themes, but it is too early to say whether they all are part of trends in 3D cadastre research or whether they are only expressing temporary interests as such for the 3D cadastre community

3D Property Research – a Survey of the Occurrence of Legal Topics in Publications

3D property is an increasingly discussed and researched topic. Several conferences and workshops have contained contributions on this subject and there are often special sessions devoted to it at e.g. FIG conferences. There are also many articles, conference contributions, theses and other publications available that present and discuss 3D property from different aspects. However, many of these conferences and publications seem to focus on technical aspects of 3D property rather than on legal aspects. It even seems that more is written on technical issues and registration than on other equally important issues related to law, organisation, etc. which creates a certain imbalance within the field. The aim of this paper is to investigate the field of 3D property in research, as evidenced by conference papers and other publications, in order to find the distribution of areas of interest and specifically the occurrence of legal aspects. The intention is not to describe any particular 3D property issues or to present a complete survey, but to analyse trends within the field and to contribute to the methodology and structure of 3D research. A case-study was conducted by examining conference papers, journal articles and other publications in English on 3D property within the recent ten year period. The studied publications were placed in four different groups, illustrating different aspects of 3D property, namely legal, technical, registration and organisational issues. The classification was done after analysing the publications by their contents. The total number of studied publications is 105. The results indicate a rather even distribution between three of the four categories, except for organisational aspects, which are in minority. However, when looking from a legal perspective, the legal category is in minority with only 28 publications, in comparison with the total number of the publications in the other three categories, consisting of 77 publications. Thus, although there already exists a foundation of results from research and other works on the legal aspects of 3D property, the authors believe that more work is needed and that more and focused attention should be given to legal aspects of 3D property

Integration of 3D Cadastre, 3D Property Formation and BIM in Sweden

This paper describes problems and solutions concerning interaction between BIM (Building Information Modelling) and the registration and visualisation of 3D real property information. Although BIM and 3D property are two seemingly different domains that have not been combined much in previous studies, the authors argue that they can interact and get benefits from other. Looking at procedures for 3D property formation, the use of BIM is not always considered or even discussed. The paper addresses the current 3D cadastre situation and possible future developments in Sweden. The research presented focuses on how BIM can add to and improve the 3D cadastre. The aim is not to create a combined 3D property and BIM model, but to discuss how these domains can interact to serve the needs for effective information handling by e.g. importing BIM/CAD drawings as a basis for 3D cadastral boundaries as input in the 3D cadastral formation process. A case study is made of the Nya Karolinska project, in which a new hospital in Stockholm, Sweden, is being constructed. By having data on each element, component and property of a building, BIM can provide input to 3D cadastre information for each element or the whole building in relation to surrounding properties. Although BIM is considered today as the most detailed and comprehensive object-oriented method of modelling buildings, it still does not fulfil the needs for modelling complete 3D cadastre. Therefore, in this paper, four different virtual surfaces are proposed to model the hospital buildings and create a complete 3D cadastre information system, namely “Building Elements Surfaces” that represent boundaries on the building elements, “Digging Surfaces” that exist for underground buildings (e.g. tunnels and car parking) or objects (e.g. foundations), “Protecting Area Surfaces” that are usually important to define restrictions on land use or other activities close to a property, and “Real Estate Boundary Surfaces” which are border lines extended in the vertical direction, or combining surfaces from the other three surface types. The study has resulted in a discussion of the use of BIM and 3D property information in the case of a large construction project, and a proposal of how these two domains could be combined in general and in particular in registration of 3D property objects. The study has shown possibilities for potential use of 3D cadastre for presenting its legal parts in several stages of the construction process

Visualisation of 3D Property Units - experiences from a case study in Stockholm, Sweden

This paper focuses on experiences concerning a project aiming at visualisation of three-dimensional (3D) property units in Stockholm, Sweden. The Swedish national registration system, the national real property register, includes a textual description as well as a two-dimensional map, normally consisting of a scan of the legal map document produced during the property formation process. Today, a 3D-pdf or a BIM model cannot be part of the formal property formation decision and documentation. It can thus be difficult to illustrate 3D real property on just a two-dimensional map. The paper describes a project carried out by Stockholm municipality to visualise 3D property unit volumes within the municipality by combining them with existing 3D city models (including building- and terrain models). The aim is to show and analyse the problems and challenges identified in the project by illustrating what has been done and how the use of 3D real property information can be further developed in the future. The method used in this research is a document study of the project focusing on representation in the digital cadastral index map for 3D real property units as part of the national real property register, as well as associated documentation from other agencies, and by interviewing key persons involved in the project. The project created a local 3D model which is stored in the municipality´s own internal database. Some information was retrieved from the national real property register, such as information on height (lowest and highest) and the horizontal expansion of the real property. Data was then processed and analysed using Feature Manipulation Engine (FME) to create 3D property volumes. The project used in-house software and data as much as possible. The volumes were stored in the municipal database. The 3D volumes could be used as a supplement to the information stored in the national real property register and the cadastral dossiers. The results can be used as a component for the development of a national three-dimensional cadastral index map as well as for enabling 3D models as part of the formal cadastral property formation procedure

Visualisation of 3D Property Units - experiences from a case study in Stockholm, Sweden

This paper focuses on experiences concerning a project aiming at visualisation of three-dimensional (3D) property units in Stockholm, Sweden. The Swedish national registration system, the national real property register, includes a textual description as well as a two-dimensional map, normally consisting of a scan of the legal map document produced during the property formation process. Today, a 3D-pdf or a BIM model cannot be part of the formal property formation decision and documentation. It can thus be difficult to illustrate 3D real property on just a two-dimensional map. The paper describes a project carried out by Stockholm municipality to visualise 3D property unit volumes within the municipality by combining them with existing 3D city models (including building- and terrain models). The aim is to show and analyse the problems and challenges identified in the project by illustrating what has been done and how the use of 3D real property information can be further developed in the future. The method used in this research is a document study of the project focusing on representation in the digital cadastral index map for 3D real property units as part of the national real property register, as well as associated documentation from other agencies, and by interviewing key persons involved in the project. The project created a local 3D model which is stored in the municipality´s own internal database. Some information was retrieved from the national real property register, such as information on height (lowest and highest) and the horizontal expansion of the real property. Data was then processed and analysed using Feature Manipulation Engine (FME) to create 3D property volumes. The project used in-house software and data as much as possible. The volumes were stored in the municipal database

Specialization of the LADM - Modelling of Non-formal RRR

This paper proposes a more detailed classification of the legal part of the LADM, ISO 19152, (i.e. interests in land) than possible in the current standard (ISO, 2012) today and is an attempt to raise awareness of the possibilities to further develop the LADMs ‘right’, ‘restriction’ and ‘responsibility’ classes (RRR). The term ‘land’ is here used for land, water and air. The LADM does, in principle, already facilitate the modelling of e.g. informal and customary rights. However, there has, to the authors’ knowledge, not yet been any approach that incorporates non-formal social tenure relationships, such as informal occupation, tenancy based on non-formal and informal rights and customary rights into the LADM. This paper uses the non-formal rights descriptions in the Social Tenure Domain Model (STDM) as an input to further develop the LADM. In this paper the authors base their research on an extended classification of the LADMs RRR classes presented at the FIG Working Week in Nigeria (Paasch et al., 2013). The extension is based on the newly developed Legal Cadastral Domain Model, LCDM (Paasch, 2012a), as a conceptual basis for adding an additional level to the LADM classification. The LCDM states that interests in land can be classified according to whether they are 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 to further the interests of society. This paper contains a discussion on how the legal part of the LADM can be expanded. Furthermore, the “code list” issue addressed in the FIG 2013 Working Week paper is further researched in this paper, e.g. how to develop the code lists for refined LCDM classes (based on specialisations), that could/should be used. The incorporation of a specialized description of non-formal rights in the LADM may be of future value when (if) more detailed information on social tenure land use has to be stored in national or international land administration registers. The LADM allows national specializations to be added to the standard, however, such specializations may be useful when used within a nation, but are of rather limited value when more detailed data of interests in land has to be exchanged internationally. This would require international maintenance of code tables

International Code List Management: The Case of Land Administration

Standardization reduces technical barriers to trade and foster dissemination of innovations. Within the domain of information technology, standardization enhances semantic interoperability of systems and services. In order to achieve the potential of standardization, IT solutions must be localized to adapt to local needs. To reduce localization costs, software developers, but also standards develop and adopt internationalization principles and best practices, cf. the W3C Internationalization (I18n) Activity, the ISO 639 Language Codes, which provides an example for code lists and code list management, and the coding of coordinate reference systems.For the domain of Land Administration, the localization issue extends from language names to the various organizations and institutions dealing with interests in land. Paasch et al (2013) propose code lists as a mean of internationalization by which the classes of the ISO 19152:2012 Land Administration Domain Model (LADM) may be related to the concerned jurisdiction. The issue of code lists has been addressed by the OGC as well, namely in terms of the document 17-050r1 Code List Manifesto by Paul Scarponcini. Motivations for the study include that various OGC standards have encoded enumerations and code lists differently, as realized during the development of the InfraGML standard, which regards land and civil engineering infrastructure facilities, and thus share part of its scope with LADM.Aiming at harmonization of standards within the domain of Land Administration, the present paper proposes a joint management of the code lists which are specified by ISO LADM and by OGC LandInfra / InfraGML, respectively. The FIG motivated the ISO standard LADM and moreover framed research on code lists. It seems therefore appropriate to join with this organization of surveying professionals, also to benefit from sharing of expertise and cost of the management activities. The paper the outlines the tasks of code list management by drawing on the mentioned Code List Manifesto and resuming research supporting code list management, e.g. terminological theory and semantic tools. The setup of a possible code list management system is discussed, and summarized in terms of a draft Memorandum of Understanding.OLD Department of GIS Technolog

Co-ownership shares in condominium: A comparative analysis for selected civil law jurisdictions

Condominium is a special and relatively new type of property right emerged in the last century to be a remedy for the management problems in multi-unit buildings. There are many types of condominium regimes, as described in EUI (2005), UNECE (2005) and van der Merwe (2016). The common elements include: (a) Individual right to an apartment, (b) co-ownership (joint ownership) of the common property or the whole property, and (c) membership of an incorporated or unincorporated owners' association (van der Merwe, 2015, p. 5). The ownership shares in the common property are here referred to as co-ownership shares; yet, alternative terms include ownership fraction, condominium share, participation quota, share value, and unit entitlement. Generally, these shares will determine the proportional contribution to the common expenses and the share of common profits, as well as the voting power of each condominium unit owner in the administration of the condominium. The most common approaches to the determination of the co-ownership shares are based on equality, relative size or relative value of each condominium unit, or a combination of such (van der Merwe, 1994, p. 57–58). The literature presents detailed descriptions and comparative analysis related to condominium systems in different jurisdictions (e.g. van der Merwe, 2015; 2016; Paulsson, 2007; EUI, 2005; UNECE, 2005); however, the procedural aspects related to the allotment of co-ownership shares still need to be further investigated. This article aims to describe condominium systems in the Netherlands, Sweden and Turkey, and compare legal provisions and procedures related to the allotment of co-ownership shares in these jurisdictions. The main purpose is to clarify the methodologies behind the determination of the co-ownership shares in national systems to bring new insights to countries, which are trying to revise their national provisions.Green Open Access added to TU Delft Institutional Repository 'You share, we take care!' - Taverne project https://www.openaccess.nl/en/you-share-we-take-care Otherwise as indicated in the copyright section: the publisher is the copyright holder of this work and the author uses the Dutch legislation to make this work public.Geo Informatio

Towards Design and Development of a BIM-based 3D Property Formation Process

With the increased interest and demand for 3D property, 3D property formation has shown increased significance. It is important to provide efficient, clear and unambiguous methods to form 3D property units, as well as register 3D property RRRs (rights, restrictions and responsibilities). The 3D property formation process should facilitate solutions to complicated problems within building projects (for example space above and below the ground) and provide secure and lasting rights in complex situations. Therefore, 3D property formation could use the same processes as for the formation of other property units, but adding specific rules and standards concerning the use of 3D models. Building Information Modelling (BIM) contains rich details of building characteristics such as structures, elements, spaces, schedules, etc. that can form the physical models of the 3D cadastre. The 3D property formation process requires that BIM data are exchanged between actors. To model this exchange, we utilize an open BIM process standard Information Delivery Manual (IDM). IDM helps to clarify the detailed property formation process, facilitates actors’ communication, harmonizes different product data models delivered and stored, identifies the results of that activity, as well as improves the management more efficiently and collaboratively. Level of Information Need (LOIN) is a framework that defines the extent and granularity of information, in order to prevent delivery of too much information. The LOIN specifies the granularity of information exchanged in terms of geometrical information, alphanumerical information and documentation, which should be used to specify the information delivery between actors. In this paper, we use LOIN as a basis to specify information requirements according to the 3D property formation purposes, and design a developed process of the Swedish 3D property formation in IDM. In the study, LOIN fulfills the requirements of forming 3D cadastral property in BIM models and harmonizes all involved actors in the whole process in IDM with a more common and standardized approach. The proposed methodology aims to facilitate a standardized and unambiguous digital 3D property formation process on a national level in order to improve and enhance the digital Swedish Cadastral and Land Administration Systems