Экзамен зачет учебный год 2023 / Stoter, 3D Cadastre

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CONTENTS

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CONTENTS

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Chapter 1

Introduction

During the last two centuries population density has increased considerably making land use more intense. This trend has caused a growing importance of ownership of land, which has changed the way humans relate to land. This changing relationship necessitated a system in which property to land is clearly and indisputably recorded. In this thesis such a system is referred to as a ‘cadastre’ although many systems with di erent names are instituted world-wide, which fulfil (more or less) similar tasks, such as cadastral registration, cadastral system, land registry, land registration, land administration, property register and land book.

No unique form of a cadastre exists. In [34] it was noted that:

“It is impossible to give a definition of a Cadastre which is both terse and comprehensive, but its distinctive character is readily recognized and may be expressed as the marriage of (a) technical record of the parcellation of the land through any given territory, usually represented on plans of suitable scale, with (b) authoritative documentary record, whether of a fiscal or proprietary nature or of the two combined, usually embodied in appropriate associated registers.”

In principle, this thesis follows the description of a Cadastre as it is given in the FIG (International Federation of Surveyors) Statement on the Cadastre [53]:

“Cadastre is normally a parcel based, and up-to-date land information system containing a record of interests in land (e.g. rights, restrictions and responsibilities). It usually includes a geometric description of land parcels linked to other records describing the nature of the interests, the ownership or control of those interests, and often the value of the parcel and its improvements. It may be established for fiscal purposes (e.g. valuation and equitable taxation), legal purposes (conveyancing), to assist in the management of land and land use (e.g. for planning and other administrative purposes), and enables sustainable development and environmental protection.”

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Chapter 1. Introduction

Although the aim of this thesis is not to focus on one Cadastre in particular, the Dutch Cadastre, which will be described extensively in chapter 2 and 3, will be used as the basic starting point. In the Netherlands the Cadastre, which is the responsibility of the Netherlands’ Cadastre and Land Registry Agency (Kadaster), comprises both the cadastral registration and the land registration. The land registration (in the Netherlands) is a Public Register in which documents describing interests in land are kept. In some countries the land registration refers to the ordered and recorded legal documents as in the Netherlands, also called a deed registration, while in other countries the land registration refers to a property register, also called a title registration.

The cadastral registration in the Netherlands is a record of the rights that are registered on land. In the cadastral registration essential information from documents recorded in the land registration is linked to a location (parcel). Cadastral registration (or cadastre) as used in this thesis refers to both the active process of registration and the result of registration (also called register).

Basic entities of the cadastral registration are ‘real estate’, ‘real property’ or ‘property’ and ‘subject’. In general land and buildings on the land are referred to as real estate, while various rights associated with land are called real property (or property) [53]. The subjects are persons or organisations that are entitled to real estate through property rights.

Originally, cadastral registration was often introduced to assist in land taxation. Today cadastral registration also provides relevant information for land transactions and helps to improve the e ciency of those transactions and security of tenure in land in general. It provides governments at all levels with relevant information for taxation and regulation. Cadastral registration is increasingly used by both private and public sectors in land development, urban and rural planning, land management and environmental monitoring and is no longer related to cadastral surveying and mapping alone [53, 212].

To be able to meet all these requirements, the main tasks of current cadastres can be defined as:

•to register the legal status of and governmental restrictions on real estate: the persons who have interests in land; what the interests are (nature and duration of rights, restrictions and responsibilities); on what land the interests are established (information on parcels such as location, size, value);

•to provide information on the legal status of and governmental restrictions on real estate.

In order to perform these tasks adequately, cadastral registration needs to maintain correct and consistent information, consisting of a complete set of cadastral parcels as well as a record containing interests on the parcels. Moreover cadastral registration has to be organised in such a way that the legal status of real estate becomes clear when querying the cadastral registration.

Individualisation of property started originally with subdividing the surface into property units using 2D boundaries. For this reason the basic entity of current cadastral maps is the ‘parcel’, which makes the cadastral map a 2D map. To ensure completeness and consistency, 2D parcels may not overlap and gaps may not occur (forming a

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1.1. Need for a 3D cadastre

planar partition). Although parcels are represented in 2D, someone with a right to a parcel always has been entitled to a space in 3D, i.e. a right of ownership on a parcel relates to a space in 3D that can be used by the owner and is not limited to just the flat parcel defined in 2D without any height or depth. If the right of ownership only applied to the surface, the use of the property would be impossible. Consequently, from a juridical point of view cadastral registration always has been 3D. The question can be posed if traditional cadastral registration, which is based on the concept of a 2D parcel, is adequate for registering all kinds of situations that occur in the modern world or does cadastral registration need to progress to a 3D approach.

The FIG Bathurst Declaration [55] concluded that “most land administration systems today are not adequate to cope with the increasingly complex range of rights, restrictions and responsibilities in relation to land”. Since many existing cadastres are still based on a paradigm that has its origin centuries ago, this paradigm needs to be reconsidered and adjusted to today’s world. This thesis reconsiders the central paradigm of cadastral registration with respect to the issue of dimensions (2D and 3D).

This chapter presents the topic of this thesis and sets the outlines of the research described in this thesis. The chapter starts with a description of the need for a 3D cadastre (section 1.1). In section 1.2 the scope of this research is presented, while in section 1.3 the research objectives and the research methods that were used to reach the objectives of this research are described. Related research to this thesis is presented in section 1.4. The contribution of this work is described in section 1.5. This chapter ends with an overview of this thesis.

1.1Need for a 3D cadastre

Pressure on land in urban areas and especially their business centres has led to overlapping and interlocking constructions (see figure 1.1). Even when the creation of property rights to match these developments is available within existing legislation, describing and depicting them in the cadastral registration poses a challenge. This is not surprising when looking at the FIG description of a Cadastre in which the parcel is the basic entity. The challenge is how to register overlapping and interlocking constructions when projected on the surface in a cadastral registration that registers information on 2D parcels. Although property has been located on top of each other for many years, it is only recently that the question has been raised as to whether cadastral registration should be extended into the third dimension. The growing interest for 3D cadastral registration is caused by a number of factors:

•a considerable increase in (private) property values;

•the number of tunnels, cables and pipelines (water, electricity, sewage, telephone, TV cables), underground parking places, shopping malls, buildings above roads/railways and other cases of multilevel buildings has grown considerably in the last forty years;

•an upcoming 3D approach in other domains (3D GIS (Geographical Information Systems), 3D planning) which makes a 3D approach of cadastral registration technologically realisable.

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Chapter 1. Introduction

(c) Business district La Defense in Paris, a road and a metro in the subsurface intersect buildings and plazas

Figure 1.1: Examples of complex property situations.

The core terms used in this thesis are 3D cadastre, 3D property unit, 3D (property) situation and parcel. A 3D cadastre is a cadastre which registers and gives insight into rights and restrictions not (only) on parcels but on 3D property units. A 3D property unit, also abbreviated to ‘3D property’ in this thesis, is that (bounded) amount of space to which a person is entitled by means of real rights. In fact the traditional parcel, with only one person using the parcel, is also a 3D property unit (often not explicitly bounded). However this has never caused any problems with

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