Abstract
Intense exploitation of land implies the development of multi-level, multi-purpose, overlapping and interlocking structures on 3D space, thus resulting in complex, stratified, 3D real property rights between individual owners, as well as restrictions. Legislation regulates the ownership status and use of land by imposing restrictions known as Public Law Restrictions (PLRs). PLRs extend to various fields and various legislative frameworks, such as the protection of archaeological sites, protection and maintenance of underground infrastructures and utilities, environmental protection, flying of unmanned air vehicles, etc. PLRs are usually investigated in the context of property rights and restrictions in the various Land Administration Systems worldwide, and do not often gain specific attention. However, it is noticed that the restrictions that arise from Public Law need to be investigated and classified, so that they can be better utilised in the property status of land ownership. This review paper investigates the legal statutes on PLRs within the context of 3D land administration and the stipulations used to provide unambiguous modelling of PLRs, as provided by the relative literature. Moreover, the PLRs applied in the 3D space, to clearly depict rights, restrictions and responsibilities on the relevant spatial unit (land, air, marine parcel, mine, utility network, etc.), are particularly examined. Therefore, this work is to critically review and assess the aforementioned approaches on PLRs’ registration, modelling and organisation, as provided by a literature survey, and provides an overall view of the requirements and challenges within the development of 3D Land Administration Systems also considering standardisation developments.
Highlights
Nowadays, the built environment is characterised by interlocking structures, which result in complex overlapping Rights, Restrictions and Responsibilities (RRRs) being imposed on land/air/marine parcels
The goal of this paper is to present the literature review and organise its findings regarding the Public Law restriction investigation, modelling and organisation in an international context
Based on existing knowledge and statutory legislation, covering an international context, and considering publications in well-recognised research sources and proceedings in international events, this paper provides an overview regarding the legal and technical aspects of the Public Law restrictions within the context of 3D land administration
Summary
The built environment is characterised by interlocking structures, which result in complex overlapping Rights, Restrictions and Responsibilities (RRRs) being imposed on land/air/marine parcels. The extent and the content of the right of ownership in the various legal systems is significantly affected by legal provisions and restrictions deriving from public law The first one regards PLRs as external restrictions on the (unlimited) total, immediate and absolute power deriving from real property ownership. The second approach regards PLRs as inherent to the right of ownership and determining its content, while according to the third approach, PLRs are restrictions restraining specific powers that can be exercised from the right of ownership. The various types of restrictions on land use that arise from Public Law involve a large number of legislation systems, such as administrative regulations, urban planning, environmental protection, aerial/subsurface space exploitation, as well as water/coast protection and protected sites, while many of which are based on three-dimensional characteristics and apply to 3D space [4]
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