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Comparison between the digitized polygons (in red) and the reference data (in blue), for each one of the studied building floors (color figure online)

Comparison between the digitized polygons (in red) and the reference data (in blue), for each one of the studied building floors (color figure online)

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Rapidly growing cities, multiple uses of urban space and the complexity of overlapping property rights require various types of rights to be registered and handled in a uniform and reliable way, considering the third dimension. The adoption of automated and low-cost but reliable procedures for cadastral surveys and for the capture and processing of...

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... in this effort, several nMCas investigate new ways to improve effectiveness and create fast, reliable and affordable procedures, as well as to increase their products and services to meet societal needs, by enhancing citizen engagement. Cadastral surveys can also be enhanced through validation and integration of information derived from the public through VGi and crowdsourcing techniques into authoritative records (Cetl et al., 2019;potsiou, C., et al., 2020;apostolopoulos and potsiou, 2021;Gkeli, M., et al., 2019;2020) the Greek cadastral agency, by example, has officially introduced e-participation and VGi techniques that enable rightholders to successfully self-record the land parcel on an orthophoto and submit a declaration of their property rights on the property, thus reducing errors and speeding up official cadastral surveys without reducing accuracies (Mourafetis and potsiou, 2020). in parallel, during the past decade, there is some in the meantime, international researchers are continuously seeking new methods to improve the value of land administration and management infrastructures by introducing 3d cadastres especially for the visualization and management of complex rights, restrictions and responsibilities within densely built urban areas (van oosterom, 2018). Building information modelling (BiM) has opened an additional source of valuable location-based data about the complex-built environment, with particular focus on the architecture, structural and engineering detail of both buildings and infrastructure projects, mainly aiming to facilitate efficient collaboration in construction design and efficient management of complex buildings. ...
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... Nevertheless, beyond these drawbacks, significant progress has been achieved in the field of 2D and 3D cadastral surveys, that may be able to minimize the time and costs involved in the necessary procedures, utilizing modern techniques and technological achievements. As was proven during earlier stages of our research, crowdsourcing techniques may be utilized for the implementation of 2D [17][18][19][20][21] and 3D [22][23][24][25][26][27] cadastral surveys, minimizing the cost of and time required for the surveys while ensuring the geometric accuracy and reliability of the collected data. Although 2D crowdsourced cadastral surveys have been tested and their pilot implementation started in some cadastral agencies [21,28], 3D crowdsourced cadastral surveys still need further investigation. ...
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Thesis
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This research focuses on the multiple stratification of real property, in the form of overlapping real property rights and Public Law Restrictions (PLRs), the legal instruments that are used to support vertical segmentation of land, their limitations and the legal amendments required for the operation of stratified land rights and volumetric real property units. Interrelation between the legal and the spatial component of real property units is made, in terms of the powers that are assigned to right-holders through real property rights and of the spatial boundaries within which such powers can be exercised. Advance from “indivisible” ownership concepts, deriving from Roman principles on land ownership, to the “excision” of ownership of navigable air space or of underground space for mineral activities, as well as the assignment of legal powers to third parties through limited real rights, depicts the need of legal instruments that circumvent the absolute character and the indivisible content of real property ownership. Further dissociation of surface parcel ownership from that of over (or under) lying structures, or of imposing volumetric Rights, Restrictions or Responsibilities (RRRs) is required by the increased spatial needs of modern societies and community living. Existing legal instruments, such as servitudes (easements), rights of superficies, emphyteusis, composite ownership concepts, or special real property rights, face limitations when applying to modern cases of real property stratification, thus highlighting the need of “enhancing” property law and cadastre legislation to support the vertical segmentation of real property and the assignment of volumetric real property rights. This thesis is structured in eight chapters, which respond to its research aim. First, the cases requiring real property stratification are identified, followed by studying of existing legal instruments used for real property stratification. Then, legal issues related to volumetric real property units are identified, analysed and compared, in order to evaluate existing concepts of real property stratification and propose legal amendments that address their limitations. Chapter 2 presents characteristic cases of overlapping land rights at international level. Depending on each country’s level of development, the abundance of land and urban planning priorities, simpler or more complex cases of overlapping rights can be identified. Such cases may range from composite ownership concepts, such as apartment ownership, overlapping and interlocking structures, infrastructures and networks, to rights deriving from customary tenure. Public Law Restrictions (PLRs), also fall within this field, constituting non-materialised legal volumes where restrictions are imposed. The third chapter of this thesis deals with the legal framework that supports 3D RRRs on land. It starts by describing the different types of classifying legal systems. The different aspects of each type of classification are depicted, while the distinction between Civil and Common Law jurisdictions was considered to serve the purposes of this work, as it does not allow grouping heterogeneous legal systems, in terms of land tenure systems, cadastral infrastructure and cadastral legislation. Presentation of the main features of limited real property rights used for real property stratification follows. These include, within the context of Civil or Civil law based jurisdictions, servitudes (easements), usufruct, the right of superficies, emphyteusis, composite 10 | P a g e ownership rights, as well as special property rights and objects. Within the context of Common law, their equivalent concepts, such as easements, life-estates and leasehold are also presented. Issues of delimitation of real property units and of their boundaries are also taken into account in this chapter. Chapter 4, delves into the relation between physical and legal space. Given that right holders are allowed to exercise specific powers to a specific space, the relation between legal and physical space is fundamental to land administration systems and it is reflected on the structure of different land registration systems. Integration of legal and physical space is aimed through various approaches, including the introduction of land objects (denoting a piece of land where homogeneous conditions exist within its boundaries), as well as through standardised models (e.g. the Land Administration Domain Model and its proposed legal specialisation, the Legal Cadastral Domain Model), or exploitation of 3D modelling techniques, such as Building Information Modelling, or 3D city modelling standards (e.g. CityGML). Chapter 5 emphasises on the legal issues related to stratification of real property and 3D Cadastre, within extensive research among legal provisions of different countries internationally, both of Civil and Common law legal tradition (also including jurisdictions of mixed legal tradition). Provision to include jurisdictions both of deed and title registration systems was made, along with different types of cadastre purposes (legal, fiscal and multipurpose cadastral systems). Examination of legal issues related to 3D cadastre internationally, concluded to the main concerns regarding 3D regulation and management of real property which include the definition of real property, the terminology used to describe its spatial extent, the relation between stratified and traditional real property objects, the distinction of 3D real property objects from those deriving from employing limited real property rights and, the use of 3D property to support both legal and physical space. Public Law Restrictions that pertain volumetric connotation are also examined in this chapter. Following the presentation of the different approaches regarding real property stratification, as well as the legal instruments employed by different legal systems, chapter 6 compares aforementioned concepts and legal instruments. Definition of land pertains, most commonly, the earth and the space above and below it, while ownership of land may be subject to land use-based limitations (e.g. mining or aviation). In several jurisdictions, reference is made to specific height and depth levels of real property ownership, instead of indivisible ownership columns. This notion is also reflected on national definitions of traditional “land parcels”. In order to address the limitations of “indivisible” land parcel ownership columns, several jurisdictions have introduced individual 3D real property units, in terms of delimited volumes of real property (instead of an indivisible volume extending above and below a land parcel). Different types of 3D real property units are available to each jurisdiction, while vocabulary and content of 3D real property units depends on each country, state or province. Relation between 3D real property with traditional land parcels is regulated by generic (non-specialised) restrictions, the establishment of statutory implied easements, or specialised provisions. Each case promotes different principles, such as individual agreements, or community living. Distinction between 3D real property units and property units deriving from limited real property rights is required to highlight their different operation and context; the former are used to extend the capacities of traditional real property units by addressing complex cases of stratified real property rights, while the latter operate ancillary, either in by 11 | P a g e “excising” powers from the right of ownership, or allowing specific types of land exploitation (e.g. customary real property units). Stratification of real property also pertains Public Law Restrictions and regulations. These are either explicitly defined in terms of height, depth and volume, or implied, by reference to physical, or even to non-geometrical, qualitative characteristics. Despite the abundance of Public Law Restrictions and their registration and mapping, such restrictions are imposed on (traditional) land parcel level, thus limiting exploitation capabilities of the land parcel volume as a whole. In several Common law jurisdictions, the concept of volumetric easements is considered to be applicable; however, the specific types of statutory easements inhibits the exploitation of volumetric easements for Public Law Restrictions with 3D spatial connotation. In chapter 7, “best practices” for real property stratification are identified, emphasising on the 3D partition of real property both for Private and Public Law purposes. As regarding real property rights related to Private Law, emphasis is given to the following aspects: (i) facilitation of investments, (ii) overcoming difficulties with overlapping building situations, (iii) allow transactions between 3D objects, (iv) “compatibility” and relation between stratified and traditional real property units, and (v) distinction from other types of real property units. Although limited real property rights are better adopted to traditional real property units, they face significant limitations in creating distinct real property volumes in multiple spaces within the same land parcel footprint. Moreover, limited real property rights face limitations regarding allocation of ownership rights on stratified real property units (since such rights may only “excise” specific powers from the owner of the surface parcel and allocate them to the limited right-holder). On the other hand, 3D real property units provide better insight on real property situations on multiple levels by different right-holders, and allow for more efficient management of real property. Common law jurisdictions seem to be better adjusted to the concept of real property stratification; the estate system that applies in Common law jurisdictions, which vests ownership to the state or the crown, is closer to the allocation of real property rights on multiple space volumes, compared to the Roman principles that apply to Civil Law jurisdictions. This is also reflected on the provisions regarding stratified real property units in Civil and Common Law based jurisdictions. The former restrict the use of 3D property units for buildings or constructions, while the latter leave room for non-feasible legal spaces as well. 3D stratification of PLRs constitutes a best practice by itself, since Land Administration systems aim to present the full range of RRRs that apply on land. 3D PLRs serve within this purpose in two ways. First, they allocate the exact volume of space that is subject to a restriction, while, second, leave the rest of the space available to exploitation. Although PLRs with 3D connotation already exist, such restrictions apply to surface parcels as a whole, mainly in the form of land expropriation. This increases bureaucratic and procedural workload, while also retains significant volumes of “exploitable” space, unexploited. Finally, chapter 8 concludes this work by discussing the findings of the previous chapters and responding to the research questions formulated to address the aim of this thesis, while also proposing further research fields.
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There is an increasing trend for digitalization because of the developments in Information and Communications Technologies (ICTs). One of the topics that digitalization might be helpful is the building permit issuing that has some drawbacks in terms of the duration of finalization, a large number of documents, and the transparency of processes. Another topic is the need for updating three-dimensional (3D) city models that are beneficial for the effective management of urban areas in the sense of a wide range of subjects such as land-use planning, disaster response, and underground infrastructure monitoring. Apart from these topics, 3D land administration that copes with the ownership problems due to the ever-increasing existence of multilayered buildings in the built environment is gaining importance. Many studies mention that the interrelation among these topics can be advantageous because of exploiting the common digital building models namely Building Information Models (BIMs). It is therefore focused on a research question as follows: Is there a potential for integrating the digital building permit procedures, 3D city model updating, and 3D registration of property ownership as a tripartite cycle? This paper accordingly aims to review the scientific literature on the vision of the tripartite cycle to provide an insight into possible integration among its parts. The methodology contains an elaborate examination of the previous research that is collected from scientific databases and is categorized based on aspects of the tripartite cycle. Following the discussion of the literature, the recommendations are provided in the sense of the vision of the tripartite cycle.
Thesis
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Etkin bir arazi yönetimi yaşadığımız çevrenin sürdürülebilirliğinin sağlanması için hayati öneme sahiptir. Bununla ilişkili olarak etkin bir arazi yönetiminin gerçek uygulamalara yansıtılabilmesi için güçlü Arazi İdare Sistemleri (Land Administration Systems-AİS)'ne ihtiyaç vardır. Sözü edilen sistemler arazilerin yer altı ve yer üstünde oluşabilecek mülkiyet haklarının bileşenleri olarak Sahiplik, Sorumluluk ve Sınırlamalar (Rights, Responsibilities, and Restrictions-SSS)'a ilişkin bilgilerin kadastral bir altyapıda kayıt altında tutulmasıyla ilgilenmektedir. Kentsel alanlardaki arazilerde ise hızlı göç ve bunun sonucu olarak hızlı nüfus artışıyla birlikte çok sayıda yapı inşa edilmektedir. Geçmişten günümüze bu dönüşüm kentsel alanların da genişlemelerinin belli kesimlerine kadar devam ettiği göz önüne alındığında çok katlı yapıların inşa edilmesine neden olmuştur. Gelişen teknolojiler sayesinde bahsedilen çok katlı yapıların karmaşıklığı gün geçtikçe de artmaktadır. AİS kapsamında kayıt altına alınan mülkiyet haklarının bir diğer biçimi de düşey yönde yapılarda oluşabilen kat mülkiyetidir. Yapıların bünyesindeki kendi başına kullanılmaya elverişli bağımsız bölümlerde oluşabilen kat mülkiyeti mevcut durumda tescil edilen önemli mülkiyet haklarından biridir. AİS'ler dünya genelinde yaygın olarak iki boyutlu (2B) konumsal verilerin kullanımına dayalı olarak uygulansalar da mevzuatta tanımlandığı üzere doğası gereği 3. boyuta sahip hakların tesciliyle de ilgilenmektedirler. Ancak geçmişte yaşanan sosyo-ekonomik, çevresel ve hukuki gelişmeler AİS'lerin halihazırda oluşan arazi yönetim sorunlarıyla başa çıkmada yetersiz kalabildiklerini ortaya koymaktadır. Bu bağlamda AİS'lerin mülkiyet haklarına ilişkin tescil süreçlerinde üç boyutlu (3B) verileri işleme ve yönetebilme kapasitesine sahip bir şekilde geliştirilmelerine ihtiyaç olduğu uluslararası literatürde hâkim görüş olarak yer bulmaktadır. Diğer bir ifadeyle günümüzdeki hızlı kentleşme sürecinde çok katlı ve karmaşık yapılarda kat mülkiyetine konu olan temel hakların eksiksiz bir biçimde tapu siciline tescil edilmesinde 2B verilerin yetersiz kaldığı bir gerçektir. Kat mülkiyetiyle ilgili olarak tüm bağımsız bölümlerin, ortak alanların ve her türlü eklentinin detaylarıyla tescilinde 2B gösterimler ve bilgi notlarının kullanımı düşey mülkiyet haklarına ilişkin gerçek durumu tam olarak yansıtamamaktadır. Bu nedenle kat mülkiyetine konu olan düşey yönlü hakların 3B ve bilgi teknolojisi destekli olarak temsiline gereksinim vardır. Günümüzde özellikle mimarlık, mühendislik ve inşaat (Architecture, Engineering, and Construction-AEC) endüstrisinde bilgisayar destekli tasarımın (Computer Aided Design-CAD) yerini alan Yapı Bilgi Modellemesi (Building Information Modeling-BIM) teknolojisine yönelik giderek artan bir eğilim görülmektedir. BIM teknolojisiyle yapılara ait modeller obje tabanlı modelleme yaklaşımı kullanılarak ayrıntılı bir şekilde 3B olarak elde edilebilmektedir. Bunun yanında, BIM modellerinin farklı paydaşlar ve uygulamalar arasında birlikte çalışabilirliği ise aynı zamanda bir Uluslararası Standartlar Teşkilatı (International Organization for Standardization-ISO) standardı olan açık veri standardı Industry Foundation Classes (IFC) ile sağlanmaktadır. Etkin bir arazi idaresi uygulaması için ise yine bir ISO standardı olan Arazi İdaresi Alan Modeli (Land Administration Domain Model-LADM) ortak bir dayanak oluşturmak amacıyla arazi idaresine ilişkin aktiviteleri, paydaşları, mekânsal objeleri ve aralarındaki ilişkileri kapsayacak şekilde kavramsal bir model sağlamaktadır. Yukarıda aktarılan tüm bilgiler bağlamında bu tez çalışmasının temel amacı düşey mülkiyete dair kat mülkiyetine konu olan bütün haklara ilişkin hem fiziksel (physical) yapı elemanları hem de mantıksal mekanları (logical spaces) içerecek şekilde, kadastral tescile ilişkin semantiklerle birlikte, 3B olarak modellenebilmesi amacıyla LADM ve IFC standartları arasındaki bütünleşik yapıyı sağlamaktadır. Bu amaçla öncelikle dünyadaki 3B kat mülkiyeti uygulamaları incelenerek mevcut duruma ilişkin bir analiz gerçekleştirilmiştir. Ardından Türkiye'deki kat mülkiyeti uygulamalarına ilişkin mevzuat altyapısı ayrıntılı incelerek kat mülkiyetinin 3B tescili ve yönetimi için ihtiyaçlar belirlenmiştir. Elde edilen bilgiler ışığında LADM standardındaki özellik sınıflarıyla IFC şemasındaki varlıklar arasında uygun ilişkilerin kurulduğu bir entegre model geliştirilmiştir. Modelin uygulanabilirliğini test etmek amacıyla örnek bir yapının BIM modeli oluşturulmuş ve geliştirilen modelin içeriği zenginleştirilerek nihai IFC modeli elde edilmiştir. Bu anlamda kat mülkiyetine konu olan yasal mekanların (legal spaces) yanında çeşitli yapı elemanlarına ilişkin olarak da kadastral tescil bağlamında SSS'lerin bütüncül yapıda modellenmesi mümkün kılınmıştır. Bilhassa yapı ruhsatlandırma sürecinin bir parçası olarak yapı kullanma izni sürecinde onaylanan inşa edilmiş BIM modellerinin yeniden kullanılmasıyla kat mülkiyetine konu olan hakların belirsizliğe mahal vermeyecek bir şekilde betimlenmesinin ve tapu-siciline tescilinin imkân dahilinde olduğu ortaya konmuştur. Yapılara ilişkin düşey mülkiyet haklarının 3B tescilinin yanı sıra dikkate alınması gereken diğer bir konu da kamu hizmetlerinin dijitalleştirilmesi hususudur. Yeni inşaat başlangıcında, çevresel faktörleri de dikkate alarak yapı projelerinin mevzuatlara uygunluğunun denetlendiği ruhsatlandırma süreçlerinin iyileştirilmesi amacıyla dijitalleştirilmesi ve otomatikleştirilmesine ihtiyaç vardır. İlaveten, inşa edilmiş çevreye dair alınan kararlara bilimsel bir dayanak oluşturan ancak şehirlerde meydana gelen hızlı değişimler nedeniyle güncelliklerinin korunması hayli zorlaşan 3B dijital kent modelleri de gereklidir. Bu nedenle BIM ve Coğrafi Bilgi Sistemleri (CBS) tabanlı modeller arasındaki etkileşim kaçınılmazdır. Bahsedilen konularla ilgili olarak ortak nokta 3B dijital yapı modelleridir. Bu bağlamda tez kapsamında dijital yapı ruhsatlandırma süreçleri, 3B kent modellerinin güncellenmesi ve mülkiyet haklarının 3B tescilini içeren bir "Üç-Parçalı (3P)" döngü vizyonu önerisi sunulmuştur. Konuyla ilişkili olarak 3P döngüsün her bir parçasına ilişkin ayrıntılı incelemeler gerçekleştirilerek döngünün Türkiye'de uygulanma potansiyeli ortaya konularak, değerlendirme sonuçları verilmiştir.
Article
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.