H.D. Ploeger

The core cadastral domain model

Abstract A standardized core cadastral domain model (CCDM), covering land registration and cadastre in a broad sense (multipurpose cadastre), will serve at least two important goals: (1) Avoid re-inventing and re-implementing the same functionality over and over again, but provide a extensible basis for efficient and effective cadastral system development based on a model driven architecture (MDA), and (2) enable involved parties, both within one country and between different countries, to communicate based on the shared ontology implied by the model. The second goal is very important for creating standardized information services in an international context, where land administration domain semantics have to be shared between countries (in order to enable needed translations). This paper presents an overview of the core cadastral domain model and its developments over the last 4 years. The model has been developed in a set of versions, which were each time adjusted based on the discussions at workshops with international experts and the experience from case studies in several countries of the world (Netherlands, El Salvador, Bolivia, Denmark, Sweden, Portugal, Greece, Australia, Nepal, Egypt, Iceland, and several African and Arab countries). Important conditions during the design of the model were and still are: should cover the common aspects of cadastral registrations all over the world, should be based on the conceptual framework of Cadastre 2014, should follow the international ISO and OGC standards, and at the same time the model should be as simple as possible in order to be useful in practise. Besides presenting the CCDM itself this paper represents an important new wave in geo-information standardization: after the domain independent basic geo-information standards (current series of ISO and OGC standards), the new standards based on specific domains will now be developed. Due to historical differences between countries (and regions) similar domains, such as the cadastral domain, may be modeled differently and therefore non-trivial harmonisation has to be done first. The presented CCDM is a result of this harmonisation and one of the first presented examples of semantic geo-information domain standards. Besides the three well-known concepts, Parcel, Person and Right, at the class level the model also includes immovables such as Building and OtherRegisterObject (geometry of easement, like a right of way, protected region, legal space around utility object, etc.) and the following concepts: SourceDocument such as SurveyDocument or LegalDocument (e.g. deed or title), Responsibilities, Restrictions (defined as Rights by other Person than the one having the ownership Right) and Mortgages. At the attribute level of the model the following aspects are included: SalePrize, UseCode, TaxAmount, Interest, Ranking, Share, Measurements, QualityLabel, LegalSize, EstimatedSize, ComputedSize, TransformationParams, PointCode, and several different date/times. The heart of the model is based on the three classes: (1) RegisterObject (including all kinds of immovables and movables), (2) RRR (right, restriction, responsibility), and (3) Person (natural, non-natural and group). The model supports the temporal aspects of the involved classes and offers several levels of Parcel fuzziness: Parcel (full topology), SpaghettiParcel (only geometry), PointParcel (single point), and TextParcel (no coordinate, just a description). The geometry and topology (2D and 3D) are based on the OGC and ISO/TC211 standard classes. The model is specified in UML class diagrams and it is indicated how this UML model can be converted into and XML schema, which can then be used for actual data exchange in our networked society (interoperability).

Solutions for 4D cadastre-with a case study on utility networks

The increasing complexity and flexibility of modern land use requires that cadastres need to manage information on the third and temporal (fourth) dimension. This article considers the registration of legal space of utility networks in cadastre in this 3D + time (=4D) context. A requirement analysis in three countries that have methods to register utility networks complying with their legal, organizational and technical structure (Turkey, the Netherlands and Queensland, Australia) is the basis for three alternatives for 4D cadastre to register utility networks. The three alternatives are analysed with respect to legal, organizational and technical cadastral requirements. This article presents a case study and a prototype from the Netherlands. In this country by law utilities are considered to be real estate objects with obligatory registration of ownership and geometry. This study shows that the 3D space and separate temporal attributes approach (state-based model) is a very promising solution to maintain temporal changes of utility networks and that this approach is to be preferred above the current practice, where the 3D and temporal aspects are not considered when registering a network.

3D cadastre in the Netherlands: Developments and international applicability

Abstract This paper presents the design and implementation of the cadastral system extension for registration of 3D rights and restrictions in the Netherlands fitting within the ISO 19152, Land Administration Domain Model (LADM) final draft international standard. The implementation will be conducted in two phases. The first phase of the solution does not require a change of the legal and cadastral frameworks and will be used to gain experience in the challenging domain of 3D cadastre where technical and legal aspects interact. Typical 3D cadastral objects are analysed including their current registration. A procedure to improve the registration is developed that includes an extension of the cadastral system to accept 3D descriptions in 3D pdf format as part of the deed. One of the drawbacks of this solution is that it is not possible to validate the 3D cadastral representations (Are the volumes closed? Are the neighbours non-overlapping?) The second phase is research in progress and comprises the actual inclusion of the 3D data in the registration, enabling complete validation and even better 3D data management and dissemination. Based on experiences to be collected from the first phase and experiences from other countries, the solution for the second phase will be further refined and subsequently implemented in due time.

The Importance of the Fundamental Right to Property for the Practice of Planning: An Introduction to the Case Law of the European Court of Human Rights on Article 1, Protocol 1

Abstract Article 1 Protocol No. 1 of the European Convention on Human Rights guarantees the “peaceful enjoyment” of ones possessions. The use of land development tools and planning tools therefore will necessarily find a boundary in the protection of the fundamental right to property by Article 1. This contribution gives a general survey of the interpretation and application of Article 1, and discusses the general testing scheme adopted by the European Court. This contribution focuses on case law of the Court involving town and land planning instruments and aims to define general principles in this field.

Data protection legislation: A very hungry caterpillar: The case of mapping data in the European Union

The European Unions policy on open data aims at generating value through re-use of public sector information, such as mapping data. Open data policies should be applied in full compliance with the principles relating to the protection of personal data of the EU Data Protection Directive. Increased computer power, advancing data mining techniques and the increasing amount of publicly available big data extend the reach of the EU Data Protection Directive to much more data than currently assumed and acted upon. Especially mapping data are a key factor to identify individual data subjects and consequently subject to the EU Data Protection Directive and the recently approved EU General Data Protection Regulation. This could in effect obstruct the implementation of open data policies in the EU. The very hungry data protection legislation results in a need to rethink either the concept of personal data or the conditions for use of mapping data that are considered personal data.

Juritecture of the built environment: a different view on legal design for multiple use of land

Purpose – This paper aims to introduce a new view on the role of the lawyer in the process of development and maintenance of the built environment.Design/methodology/approach – For this paper the research consists of listing and analysing legal questions raised by multiple use of land. A multidisciplinary approach is used from a legal point of view and from a planning development point of view.Findings – It is argued that law is not only a way of setting boundaries, but also should be stimulating to the development and maintenance of the built environment. This is what we call “juritecture”. The juritect is a designing lawyer; the legal construction is his responsibility. The juritect should have a role in the design process as early as possible, and he should work together with planners and architects. On the one hand, the work of the juritect seems to be that of a legal craftsman. His toolbox consists of instruments of both property law and contract law. On the other hand, the juritect is a legal schola...

Managing multi-owned, mixed-use developments in The Netherlands: The opinion of professional managing agents

Purpose – This purpose of this paper is to analyses the management difficulties experienced in multi-owned, mixed-use developments and possible solutions, based on the opinions of professional management agencies in The Netherlands. Design/methodology/approach – We performed a survey among professional management agencies that take care of the day-to-day management of many multi-owned, mixed-use developments. The survey focused on aspects such as the influence of the developer on the deed of division and the appointment of the professional manager, and the role of legal advisors. Findings – The outcomes support the assumption that mixed-use developments have more problems, and problems of a different nature, than homogeneous complexes. We conclude that a custom-made deed of division, or at least one that is appropriate to the mixed-use situation, is preferable. The legal expert involved (a civil law notary) should therefore consult the owners and – if applicable – the professional management agency. They have the practical knowledge to identify management difficulties. Drawing up the deed of division should never be the final piece of the process, but it should be an analogous development to the design and development process. However, our hypothesis that developers should consult the notary during the planning phase of new projects was not confirmed by the survey. Originality/value – Most legal research focuses on the law and the legality of instruments, sometimes including the practical implications by performing case law research. We stress the importance of including day-to-day practice and practitioners in legal research. Professional management agencies have the requisite knowledge – both practical and legal – of how the system of “apartment ownership” works. This makes them a very useful source of information.

Registration of Multi-Level Property Rights in 3D in The Netherlands: Two Cases and Next Steps in Further Implementation

This article reports on the first 3D cadastral registration in The Netherlands, accomplished in March 2016. The solution was sought within the current cadastral, organisational, and technical frameworks to obtain a deeper knowledge on the optimal way of implementing 3D registration, while avoiding discussions between experts from different domains. The article presents the developed methodology to represent legal volumes in an interactive 3D visualisation that can be registered in the land registers. The source data is the 3D Building Information Model (BIM). The methodology is applied to two cases: (1) the case of the railway station in Delft, resulting in the actual 3D registration in 2016; and (2) a building complex in Amsterdam, improving the Delft-case and providing the possibility to describe a general workflow from design data to a legal document. An evaluation provides insights for an improved cadastral registration of multi-level property rights. The main conclusion is that in specific situations, a 3D approach has important advantages for cadastral registration over a 2D approach. Further study is needed to implement the solution in a standardised and uniform way, from registration to querying and updating in the future, and to develop a formal registration process accordingly.