3D Property Research from a Legal Perspective Revisited

Jesper Paasch,Jenny Paulsson

doi:10.3390/land10050494

Jesper Paasch, Jenny Paulsson

Open Access

https://doi.org/10.3390/land10050494

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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.

Highlights

Restrictions and responsibilities (RRRs) regulating ownership of real property and other legal relations, such as easements/servitudes and other use rights, to land in three dimensions may be very complex legal structures, especially in city centers and other built up urban areas with intertwined land use
This study contains the results of a literature survey of 3D cadastre publications
Going through the publications in the legal category, some main topics can be noticed, occurring to a larger or smaller extent. One of these topics is standardization/LADM, which we have identified as a theme in the classification presented above

Summary

Introduction

Restrictions and responsibilities (RRRs) regulating ownership of real property and other legal relations, such as easements/servitudes and other use rights, to land in three dimensions may be very complex legal structures, especially in city centers and other built up urban areas with intertwined land use. Examples are ownership and use rights to condominiums in high-rise buildings and infrastructure objects such as parking facilities, tunnels and pipe networks such as water, gas, electricity and Internet, under or above the earth’s surface. The concept of 3D cadastre and the registration of RRRs in three dimensions is widespread throughout the world and part of many nations’ legal infrastructure. A multitude of legal and architectural solutions exist for creating RRRs in three dimensions for, e.g., apartment/condominium ownership as an alternative to, e.g., apartment lease, and other constructions subject to ownership or other use rights above or below ground, such as separate buildings and subway tunnels.

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