Èñòî÷íèê: http://www.fig.net/pub/athens/papers/ts25/TS25_1_Stoter_et_al.pdf
The individualisation of property started initially with a division of land using 2D boundaries.
This is why the central paradigm in cadastral registration is traditionally a 2D parcel. This
paradigm needs to be adjusted since there is an increasing interest in using space above and
below the surface. Today’s cadastral registration should therefore be able to reflect the true
principle of property rights: property rights always have entitled persons to volumes and not
to just an area, otherwise the use of the land would have been impossible.
In our 3D cadastre research we described several conceptual models to improve cadastral
registration. The most challenging conceptual model, the full 3D cadastre, is described in this
paper. To prove the potentials of this model we studied several countries and states in which
it is already possible to establish 3D property units with separate ownership from the legal
point of view (Norway, Sweden, Queensland and British Colombia). As will be seen in this
paper, the basic drawback of those solutions is that a complete 3D cadastral registration for
these 3D property units is not available. We applied our full 3D cadastre model in a prototype
to a case study in Queensland. The experiments of this case study showed that both the legal,
organisational and technical aspects of a 3D cadastre have been solved, although it should be
noted that there are non-trivial aspects (in the conversion and use of a 3D cadastre), which
require further attention.
Countries throughout the world are confronted with the complexity of cadastral registration
of 3D property units.
A 3D property unit (or 3D real estate object) is a (bounded) amount of space to which a
person is entitled by means of real rights. In fact the traditional parcel, with only one person
entitled to it, is also a 3D property unit (often not explicitly bounded), however this never has
caused any arguments or problems with respect to the third dimension. The problems arise in
complex situations, i.e. 3D property situations. 3D property situations are situations in which
different property units (with possibly different types of land use) are located on top of each
other or constructed in even more complex structures, i.e. engaging one another.
In this paper these types of property situations is referred to as 'stratified property'. In cases of
stratified property several users are using an amount of space which is limited in three
dimensions and positioned on top of each other, either all within one parcel (the volumes are
located in the same volume defined by the surface boundaries) or crossing parcel boundaries.
Real rights are established to entitle the different persons to the different volumes.
Developments to face the problems that arise when registering 3D property units in the
cadastral registration depend on the national legal system and the state of the art of the
cadastral registration in the specific country. For example, in the Netherlands, in which the
legal system is based on Civil Law, property right to real estate is still very much land
oriented in the juridical and cadastral doctrine, while other countries, as will be seen in this
paper, may have legal systems that provide the possibility to establish 3D property units no
longer related to surface parcels.
At the TU Delft, the Netherlands a research is being carried out to study the needs,
possibilities and constraints of a 3D cadastre (Stoter and Ploeger, 2003; Stoter and Van
Oosterom, 2003). This resulted in several conceptual models for a 3D cadastre, which were
translated into prototype implementations. The conceptual model that showed best potentials
for the long-term future is the full 3D cadastral model. In the full 3D cadastre the basic entity
of cadastral registration is no longer a 2D parcel: in the full 3D cadastre persons are entitled
to 3D volumes, and not to land parcels, by means of property rights. To evaluate the full 3D
cadastre model, we compared the model with cadastral registrations that already faced the
registration of 3D property situations in some way or another: Norway, Sweden, Queensland
(Australia) and British Colombia (Canada).