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At present, the implementation of cadastral registration of transport investments (such as railway lines on bridges and on viaducts, roads on viaducts, etc.) is performed in the so-called "layer" system. This means that many objects are constructed at different levels (layers) within the space of a given parcel. Several parties may be interested in developing certain fragments of the parcel space; each of them is interested in acquiring rights only to a specified part of the parcel (its specified layer), in which given investment is implemented by that party. The legal conditions binding in many countries do not allow for implementation of such type investments within the space of a someone else's cadastral parcels, based on the ownership right. This is due to the fact, in accordance with the "superficies solo cedit" rule applicable in many EU countries, the ownership right extends above and below the parcel space and cadastral systems do not allow for vertical division of a real property. The conventional 2D cadastre, which does not allow vertical division of the parcel space, forces an investor to buy a whole parcel or to get other rights which allows using a specified space of someone else's parcel, such as easiment rights. Buying of an entire parcel in which space bridges and road viaducts investments will be performed and not being able to divide the land space vertically makes it practically impossible to sell the parcel under a viaduct because following the rule above the viaduct is part of the land parcel. Therefore, the space is not optimally utilised. The easement right has some disadvantages, as it cannot be encumbered with a mortgage; therefore it is not the basis of crediting a given investment. The 3D cadastre allows delineating 3D parcels (from the space of existing 2D parcels) that cover specified fragments of the space and to relate ownership rights to those delineated fragments. Within a 3D cadastre system, such objects can be registered as separat

The growing recognition and influence of the ISO 19152:2012 Land Administration Domain Model (LADM), is revealed by the multiple country profiles that have been developed based on the standard in various jurisdictions across the world. The ongoing revision of the LADM Edition I, initiates discussions related to the development of country profiles, as well as considerations regarding their maintenance. Till today, various approaches for creating LADM-based country profiles have been followed. This resulted in the creation of an interesting mosaic of country profiles’ developing methods, with parts to be exploited and an outline of the basic steps of the development provided. Based on this knowledge, the aim of this paper is to design a methodology for the development of LADM country profiles, expected to become part of future version of the ISO 19152 LADM, the Edition II. Collective experience from good practices in the development of profiles based on LADM Edition I reported in the literature have been reviewed and used as basis for a qualitative comparative analysis. For this purpose, a set of six characteristics/criteria was developed based on key publications selected through experts’ consultation. The characteristics are generic and can be applied to all the country profiles, as well as they refer to the lifecycle of the development and implementation of a country profile, taking into account legal, institutional and technical issues. Characteristics regarding the scope of country profiles are also considered. Given this context, the design of the methodology to develop LADM-based country profiles is presented, structured in three phases: scope definition, profile creation and profile testing., GIS Technologie

The paper focuses on approaches to the registration of real property rights in the case of underground or subway tunnels in different EU countries: Austria, Bulgaria, Czech Republic, Croatia, Greece, Poland, Slovenia, and Sweden. The Authors made analysis of the current way of registration of rights to subway tunnels in the chosen countries, including its effectiveness in ensuring appropriate property rights to construct and exploit tunnels. A special attention was given to limitations related to the lack of the possibility to vertically divide the space, i.e. to divide the space into layers, and to refer the ownership right to the layers. Benefits which might be achieved by the introduction of a 3D real property cadastre were pointed out. The analysis of available data concerning the geometry of subway tunnels in particular countries was presented. The authors tried to answer the question whether the accessible data concerning the geometry of subway tunnels allows to generate a 3D geospatial model of a constructed object, and to specify the space which should be determined as a 3D parcel in the 3D real property cadastre, for the purpose of registering property rights for the object (the tunnel)., QC 20181010

QC 20180607

The concepts of three - dimensional (3D) real property have been the subject of increased interest in land use management and research since the late ‘90s . L iterature provides various examples of extensive research towards 3D Cadastres as well as those that are already implementing 3D cadastral systems. However, i n most countries the legal aspects of 3D real property and its incorporation into 3D cadastral sy stems have not been so rigorously examined. This paper compares and discusses 3D property concepts in 15 cadastral jurisdictions , based on the authors’ national experience, covering Europe, North and Latin America, Middle East and Australia. Each of the le gal system in these cadastral jurisdiction are based on different origins of Civil Law, including German, Napoleonic and Scandinavian Civil Law, which can prove useful to research in other Civil Law jurisdictions interested in introducing 3D cadastral syst ems. These jurisdictions are at different stages of introducing and implementing a 3D cadastral system . T his contribute s to the detection of the 3D real property concepts that apply as well as deficiencies that prohibit introduction of 3D cadastral systems , while highlighting challenges that may have not yet surfaced in individual jurisdictions . This paper aims to present the different legal concepts regarding 3D real property in the examined countries, focusing on the characteristic features of cadastral o bjects described as 3D within each country’s legal and cadastral framework. The analysis of the case studies revealed that the countries are on different stages of 3D Cadastr al implementation, starting from countries with operational 3D cadastral systems, to others where there is yet no interest in introducing a 3D cadastral system. This paper presents the nature of 3D cadastral objects in each country, as well as differences in the regulatory framework regarding definition, description and registration. Th e paper continues the legal workshop

A roadmap (consisting of six stages) to adopt the LADM in the cadastral information system has been provided in Kalantari et al (2015). Referring to this six-stage roadmap for LADM implementation, the paper focuses mainly on the stage 4 Data Organization, i.e. how different data entities are linked to each other. The LADM is regarded as a conceptual model that enforces certain relationships between the entities. On principle, there are three main ways in which the LADM based country profile can be developed: (1) to use LADM classes, attributes, code lists and relationships between classes “as is”, (2) to show an inherited structure between the LADM and the existing cadastral model, or (3) to show a mapping of elements between LADM and the existing cadastral model. The last two approaches will be probably used in countries with well-functioning cadastral information system. In this way the LADM based country profiles have also been created for Croatia (Vučić et al, 2015), Czech Republic (Janečka and Souček, 2017), Poland (Bydłosz, 2015), and Serbia (Radulović et al, 2017). Basically, the profiles for these four European countries have been proposed in academia. It means, that an initial activity for creation of the LADM based country profile didn’t come from the body or agency responsible for the cadastre (e.g. national mapping agency), but from academia. This activity could be seen as an irreplaceable role of the academia, to demonstrate the usefulness of the 3D cadastre and be a partner for government organizations. The paper explores the issues met during the preparation of the LADM based country profiles for these four countries when the “need” for LADM based country profile came from academia. The description of ways in which these issues were solved could help to those who are going to propose their new LADM based country profiles.

The concepts of three - dimensional (3D) real property have been the subject of increased interest in land use management and research since the late ‘90s . L iterature provides various examples of extensive research towards 3D Cadastres as well as those that are already implementing 3D cadastral systems. However, i n most countries the legal aspects of 3D real property and its incorporation into 3D cadastral sy stems have not been so rigorously examined. This paper compares and discusses 3D property concepts in 15 cadastral jurisdictions , based on the authors’ national experience, covering Europe, North and Latin America, Middle East and Australia. Each of the le gal system in these cadastral jurisdiction are based on different origins of Civil Law, including German, Napoleonic and Scandinavian Civil Law, which can prove useful to research in other Civil Law jurisdictions interested in introducing 3D cadastral syst ems. These jurisdictions are at different stages of introducing and implementing a 3D cadastral system . T his contribute s to the detection of the 3D real property concepts that apply as well as deficiencies that prohibit introduction of 3D cadastral systems , while highlighting challenges that may have not yet surfaced in individual jurisdictions . This paper aims to present the different legal concepts regarding 3D real property in the examined countries, focusing on the characteristic features of cadastral o bjects described as 3D within each country’s legal and cadastral framework. The analysis of the case studies revealed that the countries are on different stages of 3D Cadastr al implementation, starting from countries with operational 3D cadastral systems, to others where there is yet no interest in introducing a 3D cadastral system. This paper presents the nature of 3D cadastral objects in each country, as well as differences in the regulatory framework regarding definition, description and registration. Th e paper continues the legal workshop, 0

In 2014 the New Civil Code entered into force in the Czech Republic. This Act addresses several aspects of 3D cadastre. In particular, real estates are land and underground construction with a separate special-purpose uses, as well as property rights to them. The Act says explicitly, that the space above and below the surface, buildings established on the land and other facilities (excluding temporary buildings), including what is embedded in land or fixed in the walls, are parts of the land. Furthermore, if an underground construction is not a real estate, then it is a part of the land, even if it affects (lays below) the other land. In connection with the adoption of the New Civil Code, also a new Cadastral Act (law number 256/2013 Coll., the "New Cadastral Act") entered into force as a basic legal cornerstone of the cadastre of real estate of the Czech Republic. This is the set of data about real estates in the Czech Republic, including their inventory and description and their geometric specification and position. Parts of it are records of property and other material rights and other legally stipulated rights to these real estates. Cadastre of real estate contents many important data about parcels and selected buildings and their owners and is administered as the information system about the territory of the Czech Republic mainly by the computer means, where cadastral unit is the basic territorial unit. Despite the fact, that the cadastre of real estates is registered in 2D, some paragraphs of the New Civil Code touches the 3D (e.g. the space above and below the surface is part of the land). There is a difference in definition of “parcel” in the New Civil Code (3D) and the New Cadastral Act (2D). In October 2014, the Czech government approved the conception of The Strategy for the Development of the Infrastructure for Spatial Information in the Czech Republic to 2020 (GeoInfoStrategy), which serves as a basis for the National Spatial Data Infrastructure (NSDI).

The paper has explored 3D data management from multiple perspective. The focus of the data management issue in this paper has not been restricted to 3D Cadastre, but rather to a broader 3D GIS to ensure that all capabilities and issues that exist in different related fields will assist and affect in the data management of 3D cadastral data. In functional requirements for 3D cadastral data management, the categorisation of 3D parcels at an increasing level of complexity is discussed. This lead to a discussion on options for storing 3D cadastral data in an existing 2D cadastral database that traditionally exists in current jurisdictions. The issues related to adding the time dimension in a 4D cadastre from a database point of view was discussed. A discussion of 3D geometric models based on current research on standards, solid geometry and LADM schema, which in turn led to 3D topological models. The LADM provides a data model that recognises and describes the relationships of a 3D spatial unit to other levels of encodings. BIMS are a good source of 3D cadastral data and has already been used by many jurisdictions. The link between the various geometrical and semantic aspects of BIM vs other data sources can cause differences and issues when data are to be integrated. The current standards such as ISO LADM, GML, CityGML etc. and their inter-relationship were then discussed. In current DBMS 3D capabilities, current software and methods of storing 3D data were discussed which led to a discussion on recent developments of spatial databases and the physical capacity of existing hardware to cope with the large volume of 3D data. The analysis of a gap between what is available and what is needed was based on 3D geometry and topology, validation, standards and ontology, data and hardware, 3D data use and transfer and implementation of a 3D LADM prototype. 3D data management capability and technology exist, however these have not been transferrable to 3D cadastre. The problem i