Developing a Hohfeldian Theory of Real Rights to Support LADM Modelling
Anthony BECK
Ordnance Survey Adanac Drive
The Land Administration Domain Model (LADM (ISO TC/211, 2012)) is a conceptual model which supports the modelling of social relations with land articulated through rights. There are three principal concepts within LADM: the party (the who) that has a rights relationship (the what) with a plot of land (the where). A party-right-land model by definition frames rights as property interests in terms of the right holders relationship with land. In most cases this relationship is interpreted to simply mean ownership. According to Williamson et al. (2010, pp. 88-89) "A right is not a relationship between an owner and land. It is a relationship between an owner and others in relation to land, backed up by the state in the case of legal rights. This duality of owners and others is also present in restrictions and responsibilities affecting landowners and users. Each restriction/responsibility involves a duality that imposes obligations on owners in relation to the land for the benefit of others." This aligns with Hohfeldian rights theory. Hohfeld (1917) described rights in terms of their associated privileges, claims, powers, and immunities (see also Hjelmblom et al. (2019, pp. 37-38)). Whilst LADM allows such relationships to be expressed, this is not clearly articulated in the standard (Hjelmblom et al. (2019, p. 52) provide an excellent overview of these issues). This is exacerbated by restrictions and responsibilities which frame rights relationships in terms of owned land rather than relationships between parties.
Event: The 10th Land Administration Domain Model Workshop
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