| 1. |
- Çağdaş, Volkan, et al.
(författare)
-
Determination of the property boundary – A review of selected civil law jurisdictions
- 2023
-
Ingår i: Land use policy. - : Elsevier BV. - 0264-8377 .- 1873-5754. ; 124, s. 106445-106445
-
Tidskriftsartikel (refereegranskat)abstract
- The boundary of real property is the fundamental element for securing rights attached to land. Countries, even with a long-standing cadastral tradition, often face the challenge of interpreting the course of a parcel boundary on the ground based on the available evidence, as data quality is very heterogeneous. Various cadastral principles and procedures have been developed for the determination of parcel boundaries in the field, which may also be associated with resolving boundary disputes. This article documents and compares the principles and procedures applied in the determination of property boundaries in selected civil law countries based on a novel conceptual model developed for that purpose. The notion of ‘boundary determination’ used in this article refers to demarcating and surveying land parcel boundaries during the initial cadastral survey and cadastral update procedures. The selected countries include Denmark and Sweden, which apply Nordic civil law; Slovenia and Turkey, which apply German civil law; and Spain, which applies Napoleonic civil law. The demarcation principles and processes applied in the different cadastral systems, the parties involved, and the evidence taken into consideration in these processes are described and compared. The main aim is to contribute to the documentation of the reasoning applied to the property boundary determination in the selected civil law countries.
|
|
| 2. |
- Karabin, Marcin, et al.
(författare)
-
3D Cadastre in the Case of Engineering Objects, such as Bridges and Road Viaducts
- 2021
-
Ingår i: Proceedings 7th International FIG Workshop on 3D Cadastres. - Copenhagen, Denmark : International Federation of Surveyors (FIG). ; , s. 19-36
-
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.
|
|
| 3. |
- Karabin, Marcin, et al.
(författare)
-
Layer approach to ownership in 3D cadastre : a subway case
- 2018
-
Ingår i: 6th International FIG 3D Cadastre Workshop. - Copenhagen : The International Federation of Surveyors, FIG. - 9788792853806 - 9788792853813 ; , s. 111-136
-
Konferensbidrag (övrigt vetenskapligt/konstnärligt)abstract
- The paper focuses onapproaches 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).
|
|
| 4. |
- Karabin, Marcin, et al.
(författare)
-
Layer approach to ownership in 3D cadastre in the case of underground tunnels
- 2020
-
Ingår i: Land use policy. - : Elsevier. - 0264-8377 .- 1873-5754. ; 98
-
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).
|
|
| 5. |
|
|
