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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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| 4. |
- Karabin, Marcin, et al.
(författare)
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3D Cadastre in the Case of Engineering Objects, such as Bridges and Road Viaducts
- 2021
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Ingår i: Proceedings 7th International FIG Workshop on 3D Cadastres. - Copenhagen, Denmark : International Federation of Surveyors (FIG). ; , s. 19-36
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Konferensbidrag (övrigt vetenskapligt/konstnärligt)abstract
- 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.
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| 6. |
- Kitsakis, Dimitrios, et al.
(författare)
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3D Cadastres Best Practices, Chapter 1: Legal foundations
- 2018
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Ingår i: FIG Congress 2018. - Copenhagen : International Federation of Surveyors, FIG. - 9788792853783
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Konferensbidrag (övrigt vetenskapligt/konstnärligt)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 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 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 are 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. These jurisdictionsare at different stages of introducing and implementing a 3D cadastral system. This contributes to the detection of the 3D real property concepts that apply as well as deficiencies that prohibit introduction of 3D cadastral systems, while highlighting challenges that may have not yet surfaced in 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 Cadastral implementation, 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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| 7. |
- Kitsakis, Dimitrios, et al.
(författare)
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3D Real Property Legal Concepts and Cadastre : A Comparative Study of Selected Countries to Propose a Way Forward
- 2016
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Ingår i: Proceedings of the 5th International Workshop on 3D Cadastre. - : International Federation of Surveyors. - 9788792853479 - 9788792853493 ; , s. 1-24
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Konferensbidrag (övrigt vetenskapligt/konstnärligt)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 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.
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| 8. |
- Larsson, Karolina, et al.
(författare)
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3D property formation in complex infrastructure- and building projects : Exemplified by the Slussen project in Stockholm
- 2023
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Ingår i: Proceedings of the 11th International Workshop on the Land Administration Domain Model and 3D Land Administration. - Köpenhamn. - 9788793914094 ; , s. 196-216
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Konferensbidrag (övrigt vetenskapligt/konstnärligt)abstract
- This paper describes the use of 3D real property formation at a major construction site inStockholm, Sweden, project Slussen.Real property formation with complex 3D volumes and numerous real properties andassociated rights, restrictions and responsibilities (RRRs) has to be shown with the realproperties and RRRs in relation to each other. The present legal solutions and documentationthereof are based on analogue documentation (digitalised to pdf) and cannot be attached ase.g. dwg files. Architects and other professionals do not normally have access to the 3D realproperty boundaries in their 3D building models from the beginning of a project and the exactlocations of boundaries are agreed upon during the formation process to achieve as usablesolutions as possible.The aim of this paper is to describe the 3D property formation process when involvingcomplex solutions securing RRRs to solve legal and planning challenges on different levels ofdetail. The paper focuses on the cadastral real property formation procedures using 3Dproperty formation for constructions above and underground, as well as how they areregistered in the national real property register. The paper illustrates a complex 3D propertysolution and adds to the understanding of the challenges of registration and visualisation ofSwedish 3D real property in Stockholm, focusing on legal as well as technical experiences.This research is a document study based on an analysis of the property formation andplanning documentation and processes of a cadastral procedure conducted in the Slussenproject, as well as associated documentation from other agencies, and by interviewing keypersons involved in the project. The paper illustrates the need for a national cadastral indexmap in three dimensions to be used in the formal real property formation procedures, toachieve a comprehensible and correct representation and visualisation of 3D real propertiesand RRRs in Sweden.The results can be used as input in coming property formations of a similar kind, as well as acomponent for the development of a national three-dimensional cadastral index map.Furthermore, the results can be an input to capacity building for the future use of 3D modelsas part of the formal cadastral property formation procedure.
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| 10. |
- Larsson, Karolina, et al.
(författare)
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Visualisation of 3D Property Units : experiences from a case study in Stockholm, Sweden
- 2023
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Ingår i: Proceedings of the 11th International Workshop on the Land Administration Domain Model and 3D Land Administration. ; , s. 2-14
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Konferensbidrag (övrigt vetenskapligt/konstnärligt)abstract
- This paper focuses on experiences concerning a project aiming at visualisation of threedimensional (3D) property units in Stockholm, Sweden. The Swedish national registrationsystem, the national real property register, includes a textual description as well as a twodimensional map, normally consisting of a scan of the legal map document produced duringthe property formation process. Today, a 3D-pdf or a BIM model cannot be part of the formalproperty formation decision and documentation. It can thus be difficult to illustrate 3D realproperty on just a two-dimensional map.The paper describes a project carried out by Stockholm municipality to visualise 3D propertyunit 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 andchallenges identified in the project by illustrating what has been done and how the use of 3Dreal property information can be further developed in the future.The method used in this research is a document study of the project focusing onrepresentation in the digital cadastral index map for 3D real property units as part of thenational real property register, as well as associated documentation from other agencies, andby interviewing key persons involved in the project.The project created a local 3D model which is stored in the municipality´s own internaldatabase. Some information was retrieved from the national real property register, such asinformation 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 3Dproperty volumes. The project used in-house software and data as much as possible. Thevolumes were stored in the municipal database.The 3D volumes could be used as a supplement to the information stored in the national realproperty register and the cadastral dossiers. The results can be used as a component for thedevelopment of a national three-dimensional cadastral index map as well as for enabling 3Dmodels as part of the formal cadastral property formation procedure.
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