Registration of Cadastral spatial Rights in Israel – A Research and Development Project

Authors: Uri SHOSHANI, Moshe BENHAMU, Eri GOSHEN, Saul DENEKAMP and Roy BAR


Èñòî÷íèê: http://www.mapi.gov.il/files/FIG_pres.pdf


During the last years a number of initiatives were considered in Israel towards replacing the existing two-dimensional (2D) cadastral system by a three-dimensional (3D) one. One of the steps undertaken is a research and development project, initiated and specified by the Survey of Israel (SOI), starting in September 2002 and carried out by a team of experts from several disciplines. The project is due to be completed in August 2004. The principal objectives of the project are to find geodetic, cadastral, planning, engineering and legal solutions, for utilizing above and below surface spaces, thus defining the characteristics of the future analytical, 3D and multilayer cadastre that will complement the existing 2D cadastre.
This paper introduces the alternatives examined for a spatial registration and management of spatial rights and the recommended solution chosen. It presents the computerized multilayer GIS model for registering and visualizing property rights in all the three spaces (terrain space, subterranean space and above-terrain space).
In 1928, the British mandatory government has introduced the existing legal cadastre in Israel (Benhamu and Doytsher, 1997). The existing cadastral system is based on Torrens principles (Registration of Title), is 2D, dealing only with surface properties. Whilst already there are many buildings and substantial number of infrastructure elements below the surface, the current cadastral system barely deals with them (Benhamu and Doytsher, 2001).
In recent years, the State of Israel has entered the post-industrial era, characterized by fast economic development driven by population growth, expanding economy and a rising standard of living. This is accompanied by the constantly increasing building density, primarily in the central areas of the country that are the preferred place of residence due to employment and commercial opportunities. Moreover, the growth in population, projected to rise to nine million by 2020 and to more than thirteen million by 2050, accentuates the urgent need to find new solutions for building new infrastructures, while preserving the remaining open spaces. Therefore, Israel has a particular interest in the immediate exploitation of the spatial potential, especially in the central area of the country.
Both, the existing cadastre and the Land Law (1969) do not provide a solution for multilayer activities related to land parcels. Under the Israeli Land Law, the property right in a land parcel, extends from the center of the earth and radically outwards into space, including all that is built or cultivated upon its surface. Therefore, there is a growing awareness of the necessity for finding a legal and a cadastral solution for registering rights of multilayer cadastral reality.
The Israeli government decided in 1999 to improve the efficiency of the land use (Benhamu and Doytsher, 2001). This decision reflects the government's interest in the multilayer cadastre. Furthermore, it is necessary to regulate the laws and the conditions that will facilitate utilization of a land site for a number of uses, both above and below the surface. Following this, the Survey of Israel nominated a team of experts as stated above in the abstract. The various issues that have been examined by the team, within the registration of cadastral spatial rights R&D project, are detailed in the following paper.
During the last years a number of initiatives have been taken in Israel, aimed at the conversion of the existing 2D cadastral system into a 3D system, amongst them the R&D project described here.
One of the objectives of that project is the establishment of an active computerized model of registration of rights of land in a spatial concept. This objective will be achieved through a number of subsidiary objectives as follows:
3D Definition and registration of spatial parcels.
Proposals for changes in the existing Land Law, the Planning and the Construction Law and the Survey Ordinance, considering the applicable engineering and planning constraints.
Accumulation of the altimetric data to be added to the 2D cadastre, thus creating the 3D database.
Solution to the management of analytical cadastral information, in 2D and 3D GIS environment.
Development of suitable software for the visualization of 3D cadastre.
Modification of the Survey Regulations in order to facilitate registration of 3D cadastre.