3D Cadastres in India: Examining the status and potential for land administration and management in Delhi

Urbanization and the trend towards complex infrastructure development challenges the traditional two-dimensional (2D) cadastral representations used in conventional land administration. Three-dimensional (3D) representations are argued to serve as the future basis upon which to spatially define rights, restrictions and responsibilities (RRRs) in these environments. In Delhi, the capital city of India, where horizontal expansion via new settlements in peri-urban areas, and vertical expansion by densification of city infrastructure, are both prevalent, the need to manage this increasingly complex 3D infrastructure environment presents a great challenge for land administration and management agencies. This paper explores both the current and potential future application of 3D representation in Delhi, with respect to land use planning, development and management. A cross-cutting thematic case study analysis is undertaken: policy drivers, legal frameworks, organizational aspects, and technical standards are considered. For each aspect a separate analytical approach is used. Based on the results, it is concluded that current practices related to 3D representation are somewhat immature and not adequate for capturing the future vertical growth of Delhi. This could lead to legal and physical boundary inconsistencies and irregularities, and dispute cases. However, by learning from international developments and standards-based approaches, agencies have the potential to enhance and support processes in their respective land administration systems. To realize this potential, internal and external policies, institutional settings and, technical and financial arrangements need to be reformed. In the short term it is recommended to focus on raising awareness for the widespread adoption of 3D representations in relevant agencies in Delhi.     

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 3D underground cadastral data model in Korea: Based on land administration domain model

Underground space is being considered as a sustainable development resource, especially in heavily urbanized areas such as Seoul, in Korea. However, regarding 3D underground property, uncertainties and gaps exist between cadastral system and real property registration system. In Korea, cadastral system is able to deal with only 2D surface parcel, on the contrary, real property registration system is able to register and manage legal status of 3D underground properties. The mismatch between these two systems causes various types of problems for underground properties such as a vertical boundary disputes between aboveground and underground ownerships, administrative confusion and dual-compensation problems for new underground construction, reconstruction and haphazard development for underground space due to the lack of systematic registration procedure. In order to overcome these problems, this research proposes a 3D underground cadastral data model, which is associated and integrated with classes in ISO 19152 Land Administration Domain Model (LADM) developed by the Technical Committee 211 of the International Organization for Standardization. The proposed 3D underground cadastral data model comprises two packages: 3D underground parcel package, and 3D underground surveying and mapping package. It would support a better service for land administration by providing reliable and accurate spatial information on 3D underground property. In order to validate the proposed 3D underground cadastral data model, the prototype is developed and implemented in real-world situation for the first time. The proposed 3D underground cadastral data model can register various types of 3D underground properties including architectures such as shopping mall, public walkway, parking lot, and etc., and civil infrastructures such as subway, road, water supply, sewage, common utility tunnel, and etc. The results show that the proposed 3D underground cadastral data model could be applicable for other information system such as land valuation and taxation system, urban planning system, construction and facility management system.     

Towards 3D-enabled urban land administration: Strategic lessons from the BIM initiative in Singapore

Over the last 15 years, there has been great interest and commensurate momentum in the land administration industry on realising the notion of ‘3D cadastres’. This leverages 3D digital technologies for producing, managing, registering and communicating information about complex, volumetrically defined land and property rights, restrictions and responsibilities (RRRs) that are commonly found in cities and urban areas around the world. There has been significant technical progress but implementation remains uncertain. This paper draws on research conducted on the implementation of 3D Building Information Models (BIM) for regulatory processes in the land development industry in Singapore to illustrate the range of strategies used to induce change in an instance of 3D digital innovation. The adoption of institutional theory as an analytical framework provides insight into the cultural and behavioural underpinnings of these strategies and what makes them particularly effective in producing a positive response to change. Given the similarity in the institutional characteristics of the land development and land administration industries, the case study findings are used to develop a framework of strategic principles that could conceivably be used to support ongoing international efforts to realise 3D cadastres.     

A technical solution for 3D crowdsourced cadastral surveys

The development of 3D property registration systems is indispensable for the spatial determination of property Rights, Restrictions and Responsibilities (RRR), the sustainable operation of property markets and the safeguarding of ownership in the highly urbanized world. Several developments in computer graphics, 3D modelling and rendering techniques have attracted the growing global interest in 3D cadastre. Since 2012, the Land Administration Domain Model (LADM ISO 19152) is adopted as the international standard for 2D and 3D cadastral data modelling. Developed legal procedures and prototype systems for 3D property rights registration provide interesting solutions for data acquisition and visualization but such approaches are time and cost demanding. In parallel, 2D cadastral surveying procedures have progressed significantly in reducing required time and cost, utilizing crowdsourcing methodology and mobile services.This paper presents a technical solution under development, aiming to provide the beginning for a new era in the initial acquisition, registration and representation of 3D crowdsourced cadastral data, appropriate for both the developed and the developing world. The proposed solution consists of two complementary parts, the technical framework and the crowdsourced methodology to be followed. The technical framework consists of two interconnected parts, the server-side and the client-side. The server-side refers to the Database Management System (DBMS) where the collected data are stored. The client-side refers to the data capturing tool, which in this case is the mobile device. For the server-side, a prototype system based on model driven architecture practices and LADM is developed; while for the client-side, an open-source mobile application for the acquisition of 3D crowdsourced cadastral data, 3D modelling and visualization of 3D property units as block models (LoD1) on a mobile’s phone screen in real-time, is developed.This research is focused on investigating technical aspects for capturing and integrating data about legal rights on physical objects. Detailed investigation of legal issues is not within the objectives of this research. Two case-studies for testing the proposed technical solution are made. An assessment of the current stage of development of the technical solution is presented. The main conclusions converge that the proposed technical solution has huge potentials for the fast, economic implementation of 3D cadastral surveys as it can produce an accurate and reliable 3D information model, depending on the accuracy of the available basemaps. The developed application is easy-to-use as users may not have the necessary level of 3D modelling skills in order to contribute to the registration procedure.     

‘Invisible’ constraints on 3D innovation in land administration: A case study on the city of Melbourne

Excitement about the potential of 3D technologies to support production and management of complex building information has extended to the land administration sector. Structural characteristics of high-rise buildings are compounding complexity in the design and layout of private, public and communal ownership rights, restrictions and responsibilities, leaving a legacy of ongoing management issues for urban communities. Despite the premise of 3D innovations and significant technical progress, widespread adoption remains elusive. Attention is turning to understanding the social and cultural influences – the ‘invisible’ constraints, otherwise regarded as institutional aspects, to explain deeply embedded attitudes and behaviours that are posing resistant to current change strategies. An interpretive case study in the city of Melbourne provides context for exploring institutional issues within the land administration sector regarding high-rise developments. The plan of subdivision is used to trace institutional influences, conceptualising these as regulative, normative and cultural-cognitive elements. These elements constrain stakeholders to current 2D ways of behaving, limiting movement towards 3D innovation. The findings suggest clear institutional ‘gaps’ that deliberate strategies will need to address, but also highlight the importance of understanding the interdependency between all elements for strategic response. Finally, the findings indicate that a new focal actor that is in a position to generate the required intention for change has not emerged and therefore, an industry-wide strategic response is not apparent.     

城市老城区私房用地使用权探讨

研究目的：对历史遗留的城市老城区私房用地使用权定性和转让等管理制度创新进行探讨,为完善国有土地地籍管理制度,保障私房用地权利人合法权益,健全城市土地收益分配机制提出建议。研究方法：基层调查法,归纳总结法。研究结果：明确了城市私房用地使用权确定的复杂性和必要性,提出了城市私房用地使用权性质确定和地籍管理制度完善的初步性建议。研究结论：应加紧出台城市老城区私房用地使用权专项法规制度,推进登记发证工作。     

Playing musical chairs with land use obligations: Market-based instruments and environmental public policies in Brazil

In Brazil, market-based instruments focusing on land use dimensions are increasingly promoted as a means to make public environmental policies effective. Landowners and farmers call for more flexible regulations and economic incentives to adopt ecologically sound practices, while public agencies and conservation NGOs seek new ways of financing and legitimising legal standards. Market-based instruments are considered by these actors as having the potential to both achieve their own goals and conciliate all interests. As a result, legal frameworks (including cap-and-trade systems, biodiversity offsetting and payments for ecosystem services) are being designed which allow to exchange land use rights and obligations. Under a sociolegal approach, this article provides an overview of such instruments. It shows to what extent they may entail a reconfiguration of the burden sharing and the priority setting of nature conservation. Depending on how actors use legal standards, their responsibilities may be eased and the level of conservation may be lowered, both facts that raise significant controversy.     

Developing a new framework based on solid models for 3D cadastres

3D cadastres aim to record, manage, and visualise spatial dimensions of volumetric legal objects in a 3D digital information environment. Definition of the geometry and topology of volumetric representations of legal objects is predicated on solid modelling approaches which are widely used in 3D modelling applications. Some solid modelling approaches are more user friendly for constructing legal objects while others enable the creation of 3D legal objects with a higher level of spatial complexity. This study aims to assess the capabilities of solid models in managing the geometry and topology of 3D legal objects with various spatial complexities. The assessment was conducted based on identification of the fundamental principles for defining geometry and topology in 3D cadastres. Various 3D legal objects with different geometric shapes were examined according to the topological principles for ensuring both internal and external validity of 3D legal objects. The identified geometric and topological principles were used to propose a new framework based on solid modelling for 3D cadastres. Our suggested framework would provide the basis for modifying land subdivision policies to adopt solid models in upgrading current cadastral systems into 3D digital environments.     

土地立体利用的产权管理路径分析

研究目的:基于土地立体利用趋势,剖析秉承三维思维的产权管理,以期为土地领域的实践问题解决提供思路.研究方法:文献分析法,归纳演绎法,对比分析法.研究结果:传统土地管理不能精细化描述、界定和管理三维产权空间,需法律界定空间权利、三维宗地、立体土地一级开发、空间供应、立体相邻空间利用关系、已出让用地的空间范围和空间登记等规则;需从编制立体空间规划和优化空间管理等角度变革行政程序;需三维地籍、三维土地核查、立体可视化技术和三维管理信息系统等技术支撑.研究结论:应加快土地立体利用专门立法,优化行政审批流程,并以三维地籍为核心,开展相关技术和标准规范研究,创新三维认知理念,以推动土地立体利用及其产权管理.     

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.     

Layer approach to ownership in 3D cadastre in the case of underground tunnels

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 conducted analysis on the registration of rights to subway tunnels in the chosen countries, including its effectiveness in ensuring appropriate property rights to construct and exploit tunnels. Special attention was given to limitations related to the lack of legal provisions vertically dividing space, i.e. into layers, and referring to the ownership right to the layers. Benefits which might be achieved by the introduction of a 3D real property subdivision were pointed out. The analysis of the 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).     

论基于物权路径引入发展权之不可行性

研究目的:通过比较分析,揭示基于物权路径引入发展权之不可行性,以期为发展权本土化研究路径的改进提供思路。研究方法:比较分析法,文献分析法。研究结果:在立法技术层面,根植于产权范式的发展权,不具备物权客体之要件,并与物权法定和所有权单一性原则相冲突。在法律逻辑层面,TDR实施的个案性与物权的对世性相矛盾,所引证的双重所有权理论和英国发展权国有化的规定失之于偏颇,土地用途管制是国家行使规划权而非发展权的结果,试图藉由地方性法规创设发展权的思路也不符合《立法法》之规定。研究结论:基于物权路径引入发展权是不可行的,未来应抛弃"机械式"移植观,沿着准物权和提高管制效率的方向,探索引入发展权的可能路径与方案。     

Governance of non-wood forest products in Russia and Ukraine: Institutional rules,stakeholder arrangements,and decision-making processes

Aspects of governance of non-wood forest products (NWFPs) include institutional rules, stakeholder arrangements, and decision-making processes that govern production systems from access to resources, their use, and to markets. Compared with other forest products, few studies have investigated the governance of NWFPs in European post-socialistic countries transitioning from a planned to a market economy. This study compares institutional frameworks and stakeholder arrangements related to NWFPs in Russia and Ukraine using a case study approach. Both countries have a legacy of top-down forest government, state-owned forests, and rural communities with a long dependence on plant- and animal-based NWFPs. We analysed legal documents for NWFPs in each country and conducted expert interviews with stakeholders from the public, private, and civil sectors involved in the decision-making process of NWFPs. Institutional frameworks for NWFPs in both countries are complex, unclear, and overlap. Multiple legal documents contain restrictions regarding the extraction and sustainability of NWFPs. However, no special laws or policies are solely for NWFPs; all measures are included in legislation that regulates nature conservation and forest management. The government of both countries tends to overlook non-industrial forest use undertaken by marginal local communities, even if economic, social, and cultural values of NWFPs are relatively high for local and regional development. A misfit is observed between legal frameworks and forest companies’ business policies with customary rights. This phenomenon caused a shift to introduce new stakeholder arrangements related to NWFPs as a special type of resource in areas where NWFPs are heavily used both for subsistence and for generating household income by local communities. Landscape approach initiatives such as model forests and biosphere reserves may empower local communities to find means to protect their rights, needs, interests, and values related to NWFPs.     

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.     

3D cadastres for densely occupied informal situations: Necessity and possibility

Much of 3D cadastre research and development targets high valued urban land, including condominiums, apartment buildings, and office complexes. The value of the land and the economic activity generated from transactions in this urban space potentially support the cost and time spent on establishing and maintaining a 3D cadastre. Methods for data acquisition and for construction and maintenance of the 3D cadastre are also simpler in the regular and formally planned and surveyed structures of the high value urban environment. Low-income, urban areas of informal tenure and informal development, however, also need and can benefit from a land administration system supported by a 3D cadastre but are neglected in the 3D cadastre research. Mechanisms are required for quick and cost effective construction of a 3D cadastre in this type of area to support land management and regularisation procedures, and to provide security of tenure. Light Detection and Ranging (LiDAR) is one technology that may be examined to differentiate structures in densely occupied environments where limited information and limited resources must be able to be used for managing the land and also protecting informal rights.This paper initially posits the need for 3D cadastres in low-income but densely structured urban settlements. It then tests the ability of an existing LiDAR dataset together with orthoimagery, derived to be low cost so therefore having limited specifications, for capturing sufficient definition of 3D occupation in the low-income, densely structured case study area of Laventille in Trinidad and Tobago.The difficulties of manually or automatically discriminating between close and overlapping structures and boundaries are highlighted and it is found that there is still a need for adjudication and verification of boundaries on the ground, even when physical features can be discerned from the software.     

Delineation of property rights as institutional foundations for urban land markets in transition

This paper aims to critically reflect on establishing the new frameworks for land markets and urban land development processes in countries in transition. Based on the doctrine of the so-called ‘property rights’ school, land and property ownership has long been identified as a prerequisite for economic development. The common advice to countries in transition creating new frameworks for land markets was to assign and register property rights. The aim of this paper is to discuss the significance of the delineation of property rights, which for urban land development processes and outcomes falls mainly within the remit of land use regulations. In this paper the concept of property rights regime and its characteristics is developed in order to discuss the delineation of property rights and their relationship with urban land development process and its outcome. Process of land development is conceptualized depending on land ownership (private or public), and the role of the owner in the planning process. The outcome is discussed based on the morphological results and the provision of urban infrastructure. On the basis of empirical experience from transition period in Poland it is argued that the emphasis on private property rights in the absence of the institutional foundations of urban land market under capitalism was bound to produce urban problems. First, the new institutional foundation for urban land market was introduced subsequent to dynamic of emerging real estate market, and viable markets existed despite unsolved question of restitution of property rights. Second, the subsequent delineation of property rights is clearly linked to processes of urban land development, which follow the line of development without planning. It can also be related to the morphological results of urban development like the haphazard location of investments and lack of adequate approach to deal with the provision of urban infrastructure.