engleski

3D Real Property Legal Concepts and Cadastre - A Comparative Study of Selected Countries to Propose a Way Forward

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 while literature provides various examples of extensive research towards 3D Cadastres as well as already implementing 3D cadastral systems. However, in most countries the lega l aspects of 3D real property and its incor poration into 3D cadastral systems have not been so rigorously examined. This paper compares and discusses 3D property concepts in six selected countries: Austria, Brazil, Croatia, Greece, Poland a nd Sweden, based on the authors’ national experience. Each of these countri es’ legal system is based on di fferent origins of Civil Law, including German, Napoleonic and Scandinavian Civil Law, which can prove useful to research in other Civil Law jurisdictions inte rested in introducing 3D cadastral systems. Selected countries are on different stages of introducing and implementing a 3D cadastral system ; this may contribute to th e detection of the main 3D real property concepts that apply as well as deficiencies and malfunctions that prohibit introduction of 3D cadastral systems, highlighting challenges that may have not ye t surfaced. This paper aims to present the different legal concepts regarding 3D real prope rty in the examined countries, focusing on the characteristic features of cad astral objects described as 3D within each count ry’s legal and cadastral framework. The analysis of the case studies revealed that the countries are on different stages of 3D Cadastre implementati on, starting from countries with operational 3D cadastral systems, to others where there is yet no interest in introducing a 3D cadastral system. 3D cadastral objects in each country are presented, as well as differences in the regulatory framework regarding definition, desc ription and registrati on. The paper continues the legal workshop discussions of the 4th Inte rnational Workshop on 3D Cadastres in Dubai 2014 by analysing the legal concepts of 3D cadas tres in the above mentioned countries. The outcome is an overview and discussion of exis ting concepts of 3D pr operty describing their similarities and differences in use, focusi ng on the legal framework of 3D cadastres. The article concludes by presenting a possible way forward and identifie s what further research is needed which can be used to draft national and international resear ch proposals and form legislative amendments towards introduction of national 3D cad astral systems. 3D Real Property Legal Concepts and Cadastre - A Comparative Study of Selected Countries to Propose a Way Forward.

3D Cadastre, 3D Real Property, Le gal Framework, Land Management, Land Administration

nije evidentirano