Possibilities of Integrating Public Law Restrictions to 3D Cadastres

Dimitrios Kitsakis & Efi Dimopoulou

Modern urban environment is characterized by intense vertical exploitation of real property. This has resulted in complex and interlocking structures, also reflecting to vertically overlapping real property rights, intensifying the need for 3D cadastral systems. Additionally, a significant number of Public Law Restrictions (PLRs), defined by an extensive field of laws related to land, are imposed on real property, due to the need of legally implementing public benefit, thus restricting the range of individual owners? rights. This implies both their physical extent in 3D space and power to act on real property deriving from each right. During the years, it is essential that these restrictions need to be implemented, not only on land surface, but also in 3D space, in order to comply with the vertical expansion of structures. PLRs have considerable influence on Land Administration, as they directly affect land use, urban planning and management, land values, land titles? credibility and every other activity related to land exploitation. The significance of PLRs in Land Administration and management has been recognised by various countries internationally. A wide variety of PLRs is documented including, inter alia, environment and nature protection, water protection, spatial and land use planning zones, cultural heritage, public infrastructure corridors and zones, public easements/servitudes, mining rights and related restrictions. Each country records different PLRs in various registries, data types and formats, while in some countries, PLRs can be overlaid to cadastral parcel data. However, there has been no significant change to legal and cadastral framework in order to adjust to the 3D reality of PLRs. Therefore, vertically overlapping PLRs are presented in 2D while their vertical extent can only be identified by reference to their relative legal documentation.

Event: 5th International FIG Workshop on 3D Cadastres

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Document type:Possibilities of Integrating Public Law Restrictions to 3D Cadastres (565 kB - pdf)