A Concept of a Model Approach to the 3D Cadastre in Poland: Technical and Legal Aspects

The paper presents main results of researches done during preparation of the postdoctoral lecturing qualification thesis (D.Sc. thesis). The title of thesis was „A concept of a model approach to the 3D cadastre in Poland”. The thesis presented a proposal of the 3D cadastral model for Poland, based on analysed solutions in the field of three-dimensional cadastres applied in many countries. The thesis consisted of four basic sections. The final (fourth) part of the thesis presented the concept of the model approach to the 3D cadastre for Poland. The paper focuses on fourth part of the thesis and further author’s research works. In paper there is presented a model approach to the 3D cadastre for Poland. This model proposes modification of perception of the extension of property rights as specified in the Civil Code, which would open the possibility to establish this right in "layers" in Poland. Therefore – apart from the currently existing cadastral parcel – it has been proposed to introduce new objects in the form of 2D and 3D cadastral parcels, which would technically allow for such a solution. So in 3D cadastral model there will exist: traditional cadastral parcels (with infinite range of ownership rights, practically limited but not registered in cadastre in the form of the sets of points with 3 coordinates or height levels), 2D cadastral parcels (based on traditional cadastral parcels but with registered minimum and maximum height levels which limits range of ownership rights to the parcel), 3D cadastral parcels (subdivided from 2D cadastral parcels – space parcel, registered in cadastre as a prism defined by set of points with x,y,z coordinates). Detailed conditions concerning creation of 2D and 3D cadastral parcels, as well as the scope of related technical documentation, have been determined. The procedure to distinguish 3D cadastral parcels, following the application of the currently existing cadastral parcel, as well as ex officio procedures, implemented to achieve public goals, have been developed. The author performed further tests of implementation of such a model based on an existing building in the town centre and a planned investment (building) which interfered in ownership’s space of the building parcel (building planned to build above an existing building and surrounding street, parking places planned to build under the street and under the existed building). The author made a proposition to establish a maximum and minimum layers of ownership rights for 2D parcels and subdivided it into 3D parcels which allow to make this investment (construction) basing on ownership rights to 3D parcels and not on servitudes on traditional cadastral parcels

Rules concerned registration of the spatial objects in Poland in the context of 3D Cadastre's requirements

In Poland cadastral system is 2D based system. System is using 2D parcels in order to register rights to the land. But according to the cadastral law in polish cadastral system there are registered 3 types of cadastral objects: land parcels, buildings and premises. Registration of a land parcel without spatial objects located on the surface is not problematic. Registration of buildings and premises in typical cases is also not a problem. The situation is comming more sophisticated in cases of multiple use of space above parcel and with more complex construction of the buildings. In paper there are shown the rules concerned the registration of those basic spatial cadastral objects (buildings and premisies). Ways of registration of various untypical 3D objects located within the city of Warsaw, the capital of Poland was examined in the paper. Analysis of data concerned those objects registered in Cadastre and in Land Register are shown in paper. Also registration of underground shopping passages, a tunnel, subway is the subject of analysis. Those objects are not the objects of cadastral registration in Poland. They are registered in the register of roads and bridges, which is maintained in accordance to other regulations. Also registration of typical underground infrastructure in Poland is shown. Those objects are: underground sewage lines, gas lines, water lines etc. Those objects are not the objects of cadastral registration in Poland, but spatial information about those objects is included on base maps

Layer approach to ownership in 3D cadastre – a subway case

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 made analysis of the current way of registration of rights to subway tunnels in the chosen countries, including its effectiveness in ensuring appropriate property rights to construct and exploit tunnels. A special attention was given to limitations related to the lack of the possibility to vertically divide the space, i.e. to divide the space into layers, and to refer the ownership right to the layers. Benefits which might be achieved by the introduction of a 3D real property cadastre were pointed out. The analysis of 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)

3D Cadastre in the Case of Engineering Objects, such as Bridges and Road Viaducts

At present, the implementation of cadastral registration of transport investments (such as railway lines on bridges and on viaducts, roads on viaducts, etc.) is performed in the so-called "layer" system. This means that many objects are constructed at different levels (layers) within the space of a given parcel. Several parties may be interested in developing certain fragments of the parcel space; each of them is interested in acquiring rights only to a specified part of the parcel (its specified layer), in which given investment is implemented by that party. The legal conditions binding in many countries do not allow for implementation of such type investments within the space of a someone else's cadastral parcels, based on the ownership right. This is due to the fact, in accordance with the "superficies solo cedit" rule applicable in many EU countries, the ownership right extends above and below the parcel space and cadastral systems do not allow for vertical division of a real property. The conventional 2D cadastre, which does not allow vertical division of the parcel space, forces an investor to buy a whole parcel or to get other rights which allows using a specified space of someone else's parcel, such as easiment rights. Buying of an entire parcel in which space bridges and road viaducts investments will be performed and not being able to divide the land space vertically makes it practically impossible to sell the parcel under a viaduct because following the rule above the viaduct is part of the land parcel. Therefore, the space is not optimally utilised. The easement right has some disadvantages, as it cannot be encumbered with a mortgage; therefore it is not the basis of crediting a given investment. The 3D cadastre allows delineating 3D parcels (from the space of existing 2D parcels) that cover specified fragments of the space and to relate ownership rights to those delineated fragments. Within a 3D cadastre system, such objects can be registered as separate cadastral objects. This allows for the implementation of a line investment in the above-ground space in a flexible way, i.e. it is possible to get financing of an investment based on the mortgage charge of a 3D property and market transactions of the remaining space after delineation of the 3D parcel, covering the bridge or viaduct. This paper focuses on approaches to registration of real property rights in the case of engineering objects, such as bridges and road viaducts, in different EU countries: Austria, Bulgaria, Czech Republic, Croatia, Greece, Poland, Slovenia and Sweden.The authors review the current solutions for the registration of engineering objects in the cadastre, including its effectiveness in ensuring appropriate property rights to construct and exploit such objects, and make a comparison between the countries

3D Real Property Legal Concepts and Cadastre: A Comparative Study of Selected Countries to Propose a Way Forward

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 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 six selected countries: Austria, Brazil, Croatia, Greece, Poland and Sweden, based on the authors’ national experience. Each of these countries’ legal system is 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. Selected countries are on different stages of introducing and implementing a 3D cadastral system; this may contribute to the 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 yet surfaced. 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 Cadastre implementation, 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, 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