Towards integration of 3D legal and physical objects in cadastral data models

Digital 3D cadastres are often envisaged as the visualisation of 3D property rights (legal objects) and to some extent, their physical counterparts (physical objects) such as buildings and utility networks on, above and under the surface. They facilitate registration and management of 3D properties and reduction of boundary disputes. They also enable a wide variety of applications that in turn identify detailed and integrated 3D legal and physical objects for property management and city space management (3D land use management).Efficient delivery and implementation of these applications require many elements to support a digital 3D cadastre, such as existing 3D property registration laws, appropriate 3D data acquisition methods, 3D spatial database management systems, and functional 3D visualisation platforms. In addition, an appropriate 3D cadastral data model can also play a key role to ensure successful development of the 3D cadastre.A 3D cadastral data model needs to reflect the complexity and interrelations of 3D legal objects and their physical counterparts. Many jurisdictions have defined their own cadastral data models for legal purposes and have neglected the third dimension, integration of physical counterparts and semantic aspects.To address these problems, this paper aims to investigate why existing cadastral data models do not facilitate effective representation and analysis of 3D data, integration of 3D legal objects with their physical counterparts, and semantics. Then, a 3D cadastral data model (3DCDM) is proposed as a solution to improve the current cadastral data models. The data model is developed based on the ISO standards. UML modelling language is used to specify the data model. The results of this research can be used by cadastral data modellers to improve existing or develop new cadastral data models to support the requirements of 3D cadastres.     

A structured framework for 3D cadastral data validation − a case study for Victoria,Australia

There are a wide variety of cadastral objects, ranging from simple 2D entities such as a land parcel, to complex 3D objects such as multistory/multi-owned buildings. The complex infrastructures development happening above and below the ground complicates the processes required for defining rights, restrictions and responsibilities in 3D (3D RRRs). Even in the current, predominantly, 3D analogue cadastral system which relies on 2D drawings and representations, defining 3D RRRs is still a complicated task. With the widespread use of 3D geospatial information technologies, it is increasingly becoming easy to realise and interpret a 3D digital cadastre system. As part of the process of transition from the 2D representation of cadastre towards a 3D digital cadastre, not only will 2D representations be replaced with 3D models, but the examination workflow and its principles also need to be able to manage 3D models. Developing principles and validation rules is a critical requirement to guarantee that the diverse cadastral data is trustable and contains enough detail to define the spatial and legal extents of ownership. This paper proposes a structured framework to define validation rules for 3D cadastral models. The paper’s methodology utilises a case study approach where a plan examination process in Victoria, Australia has been analysed to investigate the principles of examining cadastral plans, and further expanded on for validating 3D digital plans. The paper concludes with a discussion on the implications of the proposed 3D validation rules and proposes future research within the topic of 3D cadastral data validation.     

Development of process model for Serbian cadastre

Identifying the processes in the cadastre enables understanding the principles on which the cadastre works. Processes in cadastre define the way how the cadastre manages information and what are the prerequisites for the data to be stored in the appropriate data structure. In order to explicitly specify cadastral procedures and workflows to support their automatization, we developed a process model for Serbian cadastre. The main reason for developing the process model is to ensure the framework which will provide possible integration and interoperability with other systems outside traditional cadastral system and between cadastral subsystems themselves. The process model is based on hierarchical decomposition of two basic groups of processes: processes for changing cadastral data and processes for displaying cadastral data. Each group of processes is further decomposed step by step until the workflow of a single process is shown. The developed process model is an abstract model, i.e. it is independent of the implementation. However, in order to instantiate such process model, it is necessary to provide binding of the abstract process model to its underlying implementation. Cadastral registration of spatial units may be beneficial for activities that relay on land administration, such as taxation, spatial planning, obtaining a building permit or legalization of buildings. This relation to the processes under jurisdiction of other organizations justifies the use of cadastral process model and its implementation into SOA environment. Traditionally, cadastral processes include alphanumeric data and 2D spatial data on cadastral maps that contain 2D borders of parcels and buildings. However, recent advancements in 3D technology bring the opportunity to enhance such processes with 3D information. In particular, the aim is to extend current 2D process model to support data maintenance and transactions in the upgrade towards 3D cadastre. Therefore, these 3D data supported workflows are introduced to the process model. For the processes that include 3D information the choice has to be made which specifications will be used and how representations of 3D spatial units will be resolved. In this paper, we first develop an abstract process model of Serbian cadastre. After that, we extend the process model to include 3D information, discuss the options for using the encodings of 3D spatial units (legal spaces) and select buildingSMART openBIM IFC standard for this purpose.     

Zoning plan-based legal confiscation without expropriation in Turkey in light of ECHR decisions

The right to property is a fundamental human right guaranteed by international conventions. In countries like Turkey, where the principles of private ownership apply, this right is guaranteed by laws. The right to property may be restricted by law only in the case of public interest. Nevertheless, the right of ownership of immovable property can be transferred to the public authority only with payment. However, in some cases, a person's immovable property may be de facto converted into a public facility without expropriation. This process is called “confiscation without expropriation”. This concept was introduced into the Turkish Legal System in 1956 by the unauthorized conversion of immovable property for a road. Today, especially in planned areas, a different type of confiscation without expropriation is often seen. Zoning plans are known to be public tools that reorganize properties in public interest. However, the uncertainty in the implementation process of these plans negatively affects the owners of parcels reserved for public use in the zoning plan. This situation is defined in terminology as “legal confiscation without expropriation”. In this study, the subject has been discussed in the light of the European Court of Human Rights (ECHR) decisions and Turkish judicial decisions, and which institutions are responsible for what kind of zoning functions within zoning plans have been investigated. Official (ex officio) applications and voluntary applications have been compared. Conceptual illustrations on the subject have been prepared. According to the results obtained from the study, it has been stated that all public spaces in the zoning plan are not subject to legal confiscation. Due to their location or characteristics, protected areas, unsuitable geological areas and parcels remaining in agricultural areas can be allocated as public spaces in the zoning plan. In such a case, it is not possible to say that there is legal confiscation. In terms of plan classification, there may be legal confiscation in areas if only a 1/1000-scale implementary zoning plan is in practice. As a solution for legal confiscation, land and real estate arrangements should be made ex officio and without delay. In addition to this, alternative models are also needed. Otherwise, public institutions will be subject to severe financial burdens. Some of the proposals include: granting construction right to zone cadastral parcels affecting public facility areas, or granting the right to construct all cadastral parcels in the plan in specified amounts and also developing a zoning right transfer system.     

Determining strategies for the cadastre 2034 vision using an AHP-Based SWOT analysis: A case study for the turkish cadastral and land administration system

This study aimed to identify the current land management and cadastre system in Turkey and determine the most appropriate strategy for integrating the current structure with the principles of the Cadastre 2034 vision. In this work, the legal, institutional, and technical (LIT) status of the existing land management and cadastre system in Turkey was determined using a method based on Strengths, Weaknesses, Opportunities, and Threats (SWOT) and Analytic Hierarchy Process (AHP). Initially, the advantages or weaknesses of the existing land management and cadastre system in Turkey in terms of LIT aspects, opportunities, and threats arising from the external environment were determined by the SWOT matrix. Then, the information obtained concerning the existing land management and cadastre system in Turkey using this matrix was integrated into AHP and the most appropriate strategy was determined in terms of LIT aspects. For the existing land management and cadastre system in Turkey, from the legal point of view, the best strategy with a weighting of 30% was to ‘update the land administration legislation according to the conditions of the day’. The best strategy in terms of institutionalization was to ‘disseminate in-vocational training for the training of qualified personnel (28% weighting)’ and the best strategy from the technical perspective was identified as, ‘the use of technical and technologically advanced measurement techniques in spatial data collection (38% weighting)’. The goal in implementing the AHP-Based SWOT method is to improve the quantitative information basis of strategic planning processes. So, SWOT provides the basic outline within which to perform an analysis of the decision situation, and the AHP assists in carrying out SWOT more analytically and in elaborating the analysis so that alternative strategic decisions can be prioritised.     

4D cadastres: First analysis of legal,organizational, and technical impact—With a case study on utility networks

The increasing complexity and flexibility of modern land use requires that cadastres need an improved capacity to manage the third dimension. As the world is per definition not static, there also will be needs in relation to the representation of the temporal (fourth) dimension either integrated with the spatial dimensions or as separate attribute(s). In this paper, registration of utility networks in cadastre are considered in this 3D + time (=4D) context. A number of countries in the world have developed methods to register utility networks complying with their legal, organizational, and technical structure. We researched the different approaches of three specific countries: Turkey, The Netherlands and Queensland, Australia. These are analysed to evaluate a solution that matches legal, organizational, and technical cadastral requirements in the most optimal way.     

Legal framework of private afforestation: The case of Turkey

In Turkey, 99.9 % of the forest land belongs to the state, and according to the Turkish Constitution, the ownership of the state forests cannot be transferred to private parties or other non-state organizations. However, some permits have been granted to use and benefit from the state forests without transferring the ownership. One such is the private afforestation permit. Private afforestation aims to increase forest lands and the growing stock, to re-establish the deteriorating balance between soil, water, and plants, to improve the environmental value, and to provide income to natural entities. This study aims to identify the legal and administrative regulation dimensions of the land use policy on private afforestation in Turkey and to compare them with other successful international afforestation policies.The second part of this paper is a case study on the impact of the legal changes over time in private afforestation in the sample area. Interviews were conducted with participants in the program using questions addressing the socio-economic and cultural benefits of private afforestation along with their afforestation practices and problems. The overall conclusion of this survey was that private afforestation practice had contributed to the income level of the participants. Further, to increase the participation in the program, more public awareness was necessary and incentives to participate must be increased.     

Generic land registry and cadastre data model supporting interoperability based on international standards for Turkey

Managing land information effectively is a key factor in achieving successful land administration and sustainable land development. To manage land, each government has a land policy and administration system. A land administration system (LAS) enables identification, registration and sharing of information about land in compliance with land policies by using information technologies effectively. In this context, land information systems (LISs) are designed to fulfill the requirements related to land, to provide tenure assurance and to manage natural resources sustainably. In Turkey, the necessity of information technologies and geographic information systems (GIS) was recognised by public institutions in the early 1990s. The Land Registry and Cadastre Information System Project (TAKBIS in Turkish) started to manage land registry and cadastre data and processes throughout Turkey. By using a standard framework, the project aimed to digitise land registry and cadastre data and to perform all activities and queries in a digital environment. However, the project did not reach the expected level of success because the data infrastructure was not standardised and did not meet the data requirements of other stakeholders at the national and international level.On the other hand, studies of a new e-government project called Turkish National GIS (TUCBS in Turkish) was initiated to establish a national geographic data infrastructure (GDI) which allows efficient management of geographic data and corresponds to national-level user requirements and Infrastructure for Spatial Information in Europe (INSPIRE) specifications. In this study, to provide data interoperability among different institutions and meet stakeholder needs, the data model of the Land Registry and Cadastre Data Theme is examined and improved. Within the design process, the ISO 19152 Land Administration Domain Model (LADM) and INSPIRE Cadastral Parcels are examined and applied as the baseline international standards. In addition, main land and land group parcel types in the Turkish cadastral system, the main rights, restrictions and responsibilities related to land in the Turkish registration system, mortgages established over rights, cadastral maps, standard subdivision of two-dimensional (2D) space with special names, surveyed point and monumentation types were explained briefly within the revised land registry and cadastre data model. As a case study, data sets from different sources were transformed to open data sets compatible with the model. This model enables data interoperability in land-related applications. However, models should be kept as simple as possible for effective data transformation and management.     

Repossession,Re‐informalization and Dispossession: The ‘Muddy Terrain’ of Land Commodification in Turkey

This paper examines the process of land commodification in the commercialization of agriculture and housing in Turkey. Specific mechanisms involved include cadastre modernization, land titling, land registration and land‐consolidation schemes. Through these techniques, the state increases its control over common‐public lands, reconfigures land‐use and access patterns, and deepens commodification. The paper traces historical variation in land use from the national developmentalist to the neoliberal phases of capital accumulation in Turkey, with comparative, contextual examples drawn from the Ottoman Empire. It highlights the combined and socio‐spatially differentiated processes of commodification across sectors that engender a multiplicity of outcomes in simultaneously framing commercialization of agriculture and housing. Contextual analysis of official documents and histories is complemented by information gathered from fieldwork and in‐depth interviews in several former wheat‐cultivating villages, a former gecekondu neighbourhood, and a small agricultural town in the province of Ankara.     

农村集体土地产权调查中地块编号方法的实践与研究

在对目前土地产权调查和地籍测量中地块编号方法分析的基础上,结合农村土地产权调查中地块编号方法的实践应用,提出一套符合现代地籍管理需要,便于现代数字测绘和地籍数据库建设和地籍管理信息系统建立的地块编号的方法。该方法共计10个级别21位数字。用该方法表达层次清晰,涵盖了丰富的地块信息,其缺点是位数较长,不便于操作,亦未考虑宗地的时间因素,存在一定的局限性。     

三维地籍形态分析与数据表达

研究目的：建立三维地籍模型,描述三维地籍产权体并兼容二维地籍宗地,实现不同维度土地权属的统一管理和登记。研究方法：结合中国城市发展的实例和地籍管理需求,分析三维地籍基本形态,比较各类三维空间数据模型。研究结果：提出适应三维地籍管理功能需求的三维地籍空间数据模型及其相应的数据自动组织方法和思路。研究结论：三维地籍通过地理空间坐标这个“基因”来管理不动产,为土地和房产的统一登记提供了统一的技术框架,是对现行不动产管理技术的升级和超越。     

Developing a sustainability strategy for multipurpose cadastre in post-conflict Syria

There is no doubt that the armed conflict is development in reverse that brings about a severe wastage of human capital and infrastructures. The ongoing violence over the last half a decade in Syria has caused serious economic devastation and a massive loss of properties, landlessness, and lack of clarity relating to ownership or use rights. Post-conflict reconstruction is essential as it assigns the future shape of the country, and it is mostly determined by the commitment and capacities of local populations, including national government and civil society, to maintain the process. Therefore, it is necessary to identify the challenges, obstacles, and issues inhibiting the approach of restoring and sustainably developing the current system. Building a potential cadastral system for post-conflict Syria requires practical contributions from all stakeholders to explore possible ideas that may come up with other procedures for solving many legal, political, and technical issues. The design of a clear strategic framework for modernizing cadastral infrastructure will provide more excellent social stability and expand the prospects for economic growth within post-conflict communities. The main objective of this research is to describe a proposed approach for a reconstruction process oriented towards building an electronic multipurpose cadastre in support of sustainable development from an international perspective in line with modern technology. The addressed model ensures unified real estate registration and simplifies the information interchange between agencies.     

农村集体土地所有权调查确权相关问题探讨

本文在分析农村集体土地所有权确权登记发证相关资料的基础上,结合工作实际,从国家政策、土地管理法规、城镇化进程、地籍调查确权、遥感、勘界、测绘等多角度探讨了在现有技术条件下如何开展农村集体土地所有权的调查确权工作,同时,对调查确权工作中的相关技术问题进行了详细的分析,并提出了切实可行的解决方法。     

Geometrical data validation in 3D digital cadastre − A case study for Victoria,Australia

Data ambiguity and invalidity can cause significant expensive issues in the cadastral domain (e.g. legal disputes). An automated data validation can significantly help to reduce the potential issues. Quality assurance has been comprehensively investigated in various domains, however, the validation of 3D cadastral data is still in its early development. The availability of various regular and irregular shapes for 3D cadastral objects and modern building designs has resulted in a critical need for developing validation rules to ensure data validity and quality.The land registry in Victoria, Australia, is investigating the technical requirements for implementing a 3D digital cadastre. The study of 3D cadastral data validation requirements has been part of this ongoing investigation. This study is being undertaken in three main phases including 1) developing geometrical validation rules, 2) developing non-geometrical validation rules, 3) implementing an online service to validate 3D cadastral data.This paper aims to discuss the initial outcomes of the first phase of the aforementioned study which has focused on developing geometrical validation rules for 3D cadastral objects. The paper reviews the development of four geometrical validation rules which have been formalised using mathematical expressions to check the individual 3D parcels and their relationships with adjoining or neighbouring parcels. The first validation rule checks the compatibility of the cancelled parcel against the created parcels. The second rule deals with parcel collision detection which is required for flagging unacceptable intersection of 3D objects. The third rule ensures the faces forming a 3D parcel are flat. The fourth validation rule assures 3D objects are watertight. The paper concludes with a discussion around the impacts of the proposed validation checks on the subdivision process and future research for the Victorian 3D digital cadastre.     

Initial 3D cadastre registration by cadastral resurvey in the Republic of Croatia

2D Land cadastre on the present territory of the Republic of Croatia has been continuously developed in the last 200 years. Throughout the years, survey methods, needs and purposes of cadastre have changed. This resulted in a variety of cadastral data with different accuracy and completeness. Today, we can collect an enormous amount of data and the need for cadastral data has never been greater. We need to find feasible solutions to make the initial acquisition of 3D cadastral data which would satisfy the needs of stakeholders involved in Land Administration System (LAS).This paper will present a historical background of the cadastral data acquisition which would help to understand circumstances on how this variety of available cadastral data has been produced and the data available nowadays. Based on the historical overview and the overview of the current state, we will upgrade the data model of a LAS used in Croatia to support the implementation of a 3D cadastre. The model will include its static components but also proposed improvements of cadastral resurvey related processes. The Land Administration Domain Model (LADM), which in 2012 became the ISO 19,152 standard, will be used as the formal basis.This paper offers a proposal for cadastral resurvey improvements, better registration of public rights and registration of separate parts of real properties. It will identify and explore critical points and make recommendations to bring Real Property Cadastre closer to a real 3D register.     

第二次土地调查数据更新维护对策探讨

第二次土地调查数据是今后国土资源管理最基础的数据,与第一次土地调查数据相比具有数据量大、数据类型复杂、数据格式多样、数字化程度及信息化程度高等特点,采用传统地籍变更办法已不能适应第二次土地调查数据及时动态更新。为促进地籍成果在国土资源管理工作中的应用,保证地籍数据现势性,在传统地籍变更办法的基础上提出城乡一体化的地籍管理信息系统建设、城乡一体化地籍数据更新机制、基于现代测量技术内外业一体化地籍变更模式,与传统变更办法相比大大提高了工作效率。     

The role of government in land registry and cadastre service in Turkey: Towards a government 3.0 perspective

Within the scope of the developments in public administration after the 1990s, “Good Governance” approach has been preferred instead of the traditional public management approach. Good Governance is a fair, impartial and egalitarian management model that is based on co-management and envisages the participation of all actors (e.g. public and private sector, civil society) in decision-making processes. With this new management model, public institutions in Turkey began to realise good governance based reforms, especially in areas where they establish a close relationship with citizens. In this article, changes in the public administration in Turkey together with good governance and the effects. The effects change on the land registry and cadastre processes are discussed. In this regard, a situation is evaluated in the context of the future Government 3.0 process by discussing the successful and incomplete aspects of good governance in land registry and cadastre practice in Turkey.     

土地立体利用与三维地籍

人口和产业在城市的集聚导致城市人地矛盾日趋紧张,为了集约和节约用地,土地利用的立体化趋势越来越明显.这使得人们对土地的理解也从二维变为三维,土地三维权利和建筑物区分所有制度也逐步确立.不同的产权单元在空间上叠加,抽象的产权束在空间上的表现形态为复杂的产权簇或产权层.但传统的地籍是以地表权利为核心的,不能满足实际需求,有必要建立三维地籍.从各国的实践经验看,三维地籍的主要问题是现行法律对三维产权规定的缺位以及一些技术问题.随着我国不动产空间权利设定的进程,三维地籍的建设要从法律和技术两方面人手,逐步过渡到完全的三维形式,以满足国家(政府)层面和普通层面的需求.