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Standardization of Real Property Rights and Public Regulations: The Legal Cadastral Domain Model
KTH, School of Architecture and the Built Environment (ABE), Real Estate and Construction Management, Real Estate Planning and Land Law.
2012 (English)Doctoral thesis, comprehensive summary (Other academic)
Abstract [en]

The objective of this thesis is to develop a conceptual model for classification of real property rights and public regulations. The model is called the Legal Cadastral Domain Model.

The model is intended to be a terminological framework for cross-border exchange of cadastral information. Parties exchanging cadastral information via the model do not require detailed knowledge of the legal system in which the right or regulation is created.

The model is based on the principle that real property rights and public regulations influence real property ownership by being either beneficial or encumbering for the real property owner.

The theoretical departure of the research presented in this thesis is in comparative legal theory and terminology. Real property rights and public regulations are important parts of real property legislation as they describe and secure the use and other exploitation of land, water and air.

The research is conducted through studies in real property legislation and associated literature. The model has been developed through case studies on real property rights in Portugal, Germany, Ireland, the Netherlands and Sweden and public regulations in Portugal and Sweden.

The generated results show that it seems possible to describe real property rights and public regulations regardless of their legal origin, at least in Western legal systems.

The thesis also includes a discussion of terminological aspects concerning definitions of three-dimensional (3D) real property.

The thesis consists of a summary and 6 papers.

Place, publisher, year, edition, pages
Stockholm: KTH Royal Institute of Technology, 2012. , 37 p.
Series
Trita-FOB-PHD, 2012:4
Keyword [en]
cadastral domain, standardization, real property, real property rights, public regulations, real property ownership, land administration, modelling, terminology, comparative law
National Category
Law and Society
Identifiers
URN: urn:nbn:se:kth:diva-96760ISBN: 978-91-85783-25-0 (print)OAI: oai:DiVA.org:kth-96760DiVA: diva2:537567
Public defence
2012-09-10, F3, Lindstedtvägen 26, KTH, Stockholm, 13:00 (English)
Opponent
Supervisors
Note

QC 20120629

Available from: 2012-06-29 Created: 2012-06-11 Last updated: 2012-12-11Bibliographically approved
List of papers
1. Legal Cadastral Domain Model: An Object-orientated Approach
Open this publication in new window or tab >>Legal Cadastral Domain Model: An Object-orientated Approach
2005 (English)In: Nordic Journal of Surveying and Real Estate Research, ISSN 1459-5877, E-ISSN 2341-6599, Vol. 2, no 1, 117-136 p.Article in journal (Refereed) Published
Abstract [en]

The different existing definitions of cadastre make a common understanding of the cadastral domain difficult and are a major barrier to effective information interchange and standardisation. A legal approach focussing on the classification of real property rights and restrictions in a legal cadastre model centred on the right of ownership might be a way to improve the common understanding of the cadastral domain and a step towards an improved standardisation of the domain. This article is intended to serve as an introduction to the construction of a model describing a legal cadastral domain.

Place, publisher, year, edition, pages
Helsingki: , 2005
Keyword
cadastre, legal cadastre, legal ontology, legal cadastral domain, standardisation, land register, modelling, object-orientation, land information, real property information
National Category
Law and Society
Identifiers
urn:nbn:se:kth:diva-53146 (URN)
Note
QC 20111222Available from: 2011-12-22 Created: 2011-12-22 Last updated: 2017-12-08Bibliographically approved
2.
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3. Modelling Legal and Administrative Cadastral Domain: Implementing into the Portoguese Legal Framework
Open this publication in new window or tab >>Modelling Legal and Administrative Cadastral Domain: Implementing into the Portoguese Legal Framework
2009 (English)In: Journal of Comparative Law, ISSN 1477-0814, Vol. 4, no 1, 140-169 p.Article in journal (Refereed) Published
Place, publisher, year, edition, pages
London: Wildy, Simmonds and Hill Publishing, 2009
National Category
Law and Society
Identifiers
urn:nbn:se:kth:diva-55329 (URN)
Note
QC 20120113Available from: 2012-01-02 Created: 2012-01-02 Last updated: 2012-06-29Bibliographically approved
4. Classification of real property rights: A comparative study of real property rights in Germany, Ireland, the Netherlands and Sweden
Open this publication in new window or tab >>Classification of real property rights: A comparative study of real property rights in Germany, Ireland, the Netherlands and Sweden
2011 (English)Report (Other academic)
Abstract [en]

This report is part of my on-going research at KTH Royal Institute of Technology, Department of Real Estate and Construction Management, Stockholm, Sweden. The aim of this study is to investigate to what extent real property rights registered in national real property information systems - and originating from different legal systems - can be classified according to a theoretical model, the Legal Cadastral Domain Model. A terminological framework for classification of real property rights will further the comparison of real property rights easier and further the cross-border transfer of real property information. The result of the case-studies is that it to a high degree is possible to classify the investigated rights according to the existing model. However, minor modification have to be implemented into the model to make it able to classify all investigated rights. The case-studies also showed that the model could benefit from other minor changes, such as changing parts of the terminology used in the model.

Place, publisher, year, edition, pages
Stockholm: KTH Royal Institute of Technology, 2011. 106 p.
Series
TRITA-FOB, 2011:1
Keyword
Real property rights, land management, land administration, real property
National Category
Law and Society
Identifiers
urn:nbn:se:kth:diva-55375 (URN)987-91-85783-16-8 (ISBN)
Note
QC 20120111Available from: 2012-01-11 Created: 2012-01-02 Last updated: 2012-06-29Bibliographically approved
5. Terminological Aspects Concerning Three-Dimensional Real Property
Open this publication in new window or tab >>Terminological Aspects Concerning Three-Dimensional Real Property
2011 (English)In: Nordic Journal of Surveying and Real Estate Research, ISSN 1459-5877, E-ISSN 2341-6599, Vol. 8, no 1Article in journal (Refereed) Published
Place, publisher, year, edition, pages
Helsingfors: , 2011
Keyword
Three dimensional real property, definition, terminology, ontology, standardization
National Category
Law and Society
Identifiers
urn:nbn:se:kth:diva-55336 (URN)
Note
QS 20120102Available from: 2012-01-02 Created: 2012-01-02 Last updated: 2017-12-08Bibliographically approved
6. Modelling  Public Regulations: A Theoretical approach
Open this publication in new window or tab >>Modelling  Public Regulations: A Theoretical approach
(English)In: Nordic Journal of Surveying and Real Estate Research, ISSN 1459-5877, E-ISSN 2341-6599Article in journal (Refereed) Submitted
Abstract [en]

In this article the author explores the concepts of public regulations in regard to real property ownership and land use. The results are used to develop a theoretical, conceptual model for public regulations influencing the landowners’ use of the real property. The proposed classification aim at being independent of the legal systems they are created in and intended to be usedfor classification of public regulations internationally. The purpose is to establish a terminological framework for international exchange of public regulation information. The developmentof the public regulation model is in this article exemplified and tested with Swedish public regulations influencing the  owner’s right to use his/her real property.

Place, publisher, year, edition, pages
Helsinki:
Keyword
Public regualtion, restrictions real proeprty ownership, modelling, land management, land administration, urban planning, rural planning, land use, Legal Cadastral domain Model
National Category
Law
Identifiers
urn:nbn:se:kth:diva-97984 (URN)
Note
QS 2012Available from: 2012-06-26 Created: 2012-06-18 Last updated: 2017-12-07Bibliographically approved

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CiteExportLink to record
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Citation style
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  • de-DE
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Output format
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