| 1. |
- Çağdaş, Volkan, et al.
(författare)
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Co-ownership shares in condominium – a comparative analysis for selected civil law jurisdictions
- 2020
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Ingår i: Land use policy. - : Elsevier. - 0264-8377 .- 1873-5754. ; 95
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Tidskriftsartikel (refereegranskat)abstract
- 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.
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| 2. |
- Çağdaş, Volkan, et al.
(författare)
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Co-ownership shares in condominiums – A comparison across jurisdictions and standards : Long version
- 2018
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Ingår i: 6th International FIG 3D Cadastre Workshop. - Copenhagen : International Federation of Surveyors, FIG. - 9788792853806 - 9788792853813
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Konferensbidrag (övrigt vetenskapligt/konstnärligt)abstract
- Condominium is one of the prevalent forms of three-dimensional (3D) property rights (Paulsson, 2007, p. 32). The condominium concept common to a number of jurisdictions consists of three elements: (a) individual ownership of an apartment, (b) co-ownership (joint ownership) of the land and the common parts of the building, and (c) membership of an incorporated or unincorporated owners' association (van der Merwe, 2015, p. 5). The ownership shares of condominium unit owners 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. The co-ownership share determines 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, 2016; 2015; Paulsson, 2007; EUI, 2005; UNECE, 2005); however, the technical and procedural aspects related to the allotment of co-ownership shares still need to be further investigated. This paper aims to compare methods and procedures applied for the allotment of co-ownership shares of condominium systems in the following seven jurisdictions; Denmark, Germany, South Africa, Sweden, Switzerland, the Netherlands, and Turkey. Also, international geographic information standards (i.e. ISO LADM, OGC LandInfra/InfraGML) are analyzed to assess the extent to which they facilitate allocation of co-ownership shares. The main purpose is to clarify the legal provisions and methodologies related to the determination of co-ownership shares in national condominium systems and bring new insights to countries, which are trying to revise their national provisions for fairer implementations.
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| 3. |
- Dimopooulou, Efi, et al.
(författare)
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Chapter 2. Initial Registration of 3D Parcels
- 2018
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Ingår i: Best Practices 3D Cadastres - Printed version. - Copenhagen, Denmark : International Federation of Surveyors. - 9788792853646 ; , s. 19-27
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Bokkapitel (övrigt vetenskapligt/konstnärligt)abstract
- 3D geoinformation is becoming increasingly important towards decision-making, land management and land development. Research has demonstrated the actual added value of 3D information over 2D in the cases of an overall more efficient integration of urban vs. regional planning and management, especially when dealing with 3D under- ground/aboveground infrastructures. Despite the fact that there has been consistent research within geoinformation science (GISc) on the concept of 3D for more than a decade now, several potentially involved parties are still reluctant to invest in 3D data, 3D techniques and applications. As a consequence, large administration processes re- lating to urban/ rural planning often run up financial losses simply because generic geoinformation is not part of the process (Stoter, 2011; Stoter et al, 2012).
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| 4. |
- Karabin, Marcin, et al.
(författare)
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Layer approach to ownership in 3D cadastre in the case of underground tunnels
- 2020
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Ingår i: Land use policy. - : Elsevier. - 0264-8377 .- 1873-5754. ; 98
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Tidskriftsartikel (refereegranskat)abstract
- 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).
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| 5. |
- Kitsakis, Dimitrios, et al.
(författare)
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Chapter 1. Legal Foundations
- 2018
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Ingår i: Best Practices 3D Cadastres - Extended version. - Copenhagen, Denmark : International Federation of Surveyors. - 9788792853646 ; , s. 1-66
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Bokkapitel (refereegranskat)abstract
- 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 alreadyimplementing3D 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 arebased 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 atdifferent stages of introducing and implementing a 3D cadastral system.This contributesto the detection of the 3D real property concepts that apply as well as deficiencies that prohibit introduction of 3D cadastral systems,whilehighlighting challenges that may have not yet surfacedin 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 Cadastralimplementation, 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.
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| 6. |
- Kitsakis, Dimitrios, et al.
(författare)
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Chapter 1. Legal Foundations
- 2018
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Ingår i: Best Practices 3D Cadastres - Printed version. - Copenhagen, Denmark : International Federation of Surveyors. - 9788792853844 - 9788792853837 ; , s. 1-18
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Bokkapitel (övrigt vetenskapligt/konstnärligt)abstract
- 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.
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| 7. |
- Larsson, Karolina, et al.
(författare)
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Representation of 3D cadastral boundaries : From analogue to digital
- 2020
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Ingår i: Land use policy. - : Elsevier. - 0264-8377 .- 1873-5754. ; 98
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Tidskriftsartikel (refereegranskat)abstract
- 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.
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| 8. |
- Paasch, Jesper M., Tekn. dr, Docent, 1962-, et al.
(författare)
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3D Property Research from a Legal Perspective Revisited
- 2021
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Ingår i: Land. - : MDPI. - 2073-445X. ; 10:5
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Tidskriftsartikel (refereegranskat)abstract
- 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.
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