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“Standardizationof the cadastral domain”

Jesper M. PaaschLantmäteriet,

andKTH

jesper.paasch@lm.se

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Content:

Bakground

Other activities

Teory

Hypothesis

Methodology

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Background

• Enlisted as PhD student fall 2003, but started ”seriously” at ”Enheten för Fastighetsvetenskap”, KTH in the beginning of 2004

• Part time studies. Upp to 50%.

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FIG Cadastre 2014

The Core Cadastral Domain Model (CCDM)

Related activities

EULIS (European Land Information System)

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Kaufman and Steudler (1998) Cadastre 2014. FIG

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Oosterom et. al. (2006) The Core Cadastral Domain Model In Computers, Environmet and Urban Systems, vol. 30, ssue 5, 2006.

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Focus on terminology

“What we do must be humanly understandable before it can be computational understandable”

Teory

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Object

Concept

Term

puu

træ

Baum

abreDefinition: “tall plant with hard self-supporting trunk and branches that lives for many years”

Based on Sounuuti, H. Guide to Terminology, 2001

tree

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What are real property rights

and

restrictions?

They are influencing ownership

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Theoretical connections between person and land

Landarea

Landarea

Landarea

Right/obligation

Ownershipright

Subject

Right

Object

Mattsson, H.: (2004) Property rights and registration in a perspective of change, MIIGAiK University, Moscow.

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At present it is NOT realistic to imagine standardized or harmonized real property rights and restrictions to enable cross border transactions

We can accomplish a lot if we have a terminological framework

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What are the common factors in the structure of real property rights and restrictions?

Is it possible to achieve a standardized terminological framework for real property rights and restrictions – or is it a fools task?

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Hypothesis:

5 types of real property rights

2 types of real property restrictions

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A classification suitable for formal real property rights and restrictions

A step towards a common terminological framework used by cross- border transactions

Independent of any legal system

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Person Ownership right Land

Right Publicrestriction

1..* 1..*

Executes4

0..1 0..*

Restricts4

0..*

0..*

Influence4

0..*0..*

3 Influence

Common right Real property right

Personal right Latent right Lien

Publicadvantage

Publicregulation

Private law

Public law

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Common rightRights executed on a real property commonly owned by two or more real properties.

Real property rightA right executed by a real property on another real property. E.g. servitude /easement.

Personal rightA right executed by a person or company on a real property. E.g. a persons right to harvest the fruits of the land.

Latent rightA right which is not executed on a real property yet. Examples are mining concessions and pre-emption rights. When latent rights are being executed, they are transferred to another group of rights.

LienA security for payment registered on the real property, e.g. a mortgage.

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An asset to ownership. A positive result of legally imposed burden, e.g. a dispensation from a building restriction

Public advantage

Public regulation

A public imposed burden by e.g. a municipality on one or more properties. E.g. a building regulation or planning regulation / zoning plan

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Terminological framework

Nation ARights and restrictions

Nation BRights and restrictions

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4 peer-review articles:

Legal Cadastral Domain Model – An Object-oriented Approach Published(Hypothesis)

”Standardization of the legal domain” Oct. 2007 (Theory building)

Case studies on formal rights(4) In progress

Case study on customary rights Planned

Methdology

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Based on Newman, P. and Thornley, A. (1996)Urban Planning in Europe.

Case-studies:

The Netherlands

Germany

Sweden

Ireland

Ghana (Customary rights)

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Studies of:

- national legislation

- Other research (owerview, reports, etc.)

- Expert interviews

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Publications:Paasch, J.M. (2004) A Cadastral Domain Model. Published in the proceedings of the 12th International Conference on Geoinformatics, University of Gävle, Sweden, 7-9 June 2004.

Paasch, J.M. (2004) Modelling the Cadastral Domain. Published in the proceedings of the 10th EC-GI Workshop, Warsaw, Poland 23-25 June 2004.

Paasch, J.M. (2004)  A Legal Cadastral Domain Model. Published in the proceedings of the "Standardisation in the Cadastral Domain" Workshop, held by "COST Action G9" and "FIG Commission 7" on 9-10 December 2004 at Bamberg University, Germany.

Paasch, J.M. (2005) Legal Cadastral Domain Model - An Object-orientated Approach. Nordic Journal of Surveying and Real Estate Research, Volume 2, Number 1, 2005.

Paasch, J.M. (2006) Standardization of Real Property Rights and Restrictions - A Fool´s Task? Published in the proceedings of the XXIII International FIG Congress, 8-13 October 2006, Munich, Germany, ISBN 87-90907-52-3.

Ongoing

An approach towards standardization of legal issues regarding real property transactions. In: Zevenbergen, Frank and Stubkjaer (eds.) Real Property Transactions; Procedures, Transaction Costs and Models. IOS Press, Amsterdam, the Netherlands. Expected to be published during 2007.

Standardization of the legal domain. A terminological approach Planned publication in Homo Oeconomicus (EURAS Yearbook of Standardization) 2007 or 2008.

”Co-author” : Hespanha, J.;Jardim, M.; Jesper Paasch, J.; Zevenbergen, J. "Modelling Legal and Administrative Cadastral Domain – Implementing into Portuguese Legal Framework," Submitted for publication to the Journal of Comparative Law in sept. 2007.