3D Cadastre in the Case of Engineering Objects, such as Bridges and Road Viaducts

Abstract

At present, the implementation of cadastral registration of transport investments (such as railway lines on bridges and on viaducts, roads on viaducts, etc.) is performed in the so-called "layer" system. This means that many objects are constructed at different levels (layers) within the space of a given parcel. Several parties may be interested in developing certain fragments of the parcel space; each of them is interested in acquiring rights only to a specified part of the parcel (its specified layer), in which given investment is implemented by that party. The legal conditions binding in many countries do not allow for implementation of such type investments within the space of a someone else's cadastral parcels, based on the ownership right. This is due to the fact, in accordance with the "superficies solo cedit" rule applicable in many EU countries, the ownership right extends above and below the parcel space and cadastral systems do not allow for vertical division of a real property. The conventional 2D cadastre, which does not allow vertical division of the parcel space, forces an investor to buy a whole parcel or to get other rights which allows using a specified space of someone else's parcel, such as easement rights. Buying of an entire parcel in which space bridges and road viaducts investments will be performed and not being able to divide the land space vertically makes it practically impossible to sell the parcel under a viaduct because following the rule above the viaduct is part of the land parcel. Therefore, the space is not optimally utilised. The easement right has some disadvantages, as it cannot be encumbered with a mortgage; therefore it is not the basis of crediting a given investment. The 3D cadastre allows delineating 3D parcels (from the space of existing 2D parcels) that cover specified fragments of the space and to relate ownership rights to those delineated fragments. Within a 3D cadastre system, such objects can be registered as separate cadastral objects. This allows for the implementation of a line investment in the above-ground space in a flexible way, i.e. it is possible to get financing of an investment based on the mortgage charge of a 3D property and market transactions of the remaining space after delineation of the 3D parcel, covering the bridge or viaduct. This paper focuses on approaches to registration of real property rights in the case of engineering objects, such as bridges and road viaducts, in different EU countries: Austria, Bulgaria, Czech Republic, Croatia, Greece, Poland, Slovenia and Sweden. The authors review the current solutions for the registration of engineering objects in the cadastre, including its effectiveness in ensuring appropriate property rights to construct and exploit such objects, and make a comparison between the countries.