Legal aspects of 3D property rights, restrictions and responsibilities in Greece and Cyprus
Dimopoulou, Efi & Elikkos Elia
This paper aims to identify and evaluate the constraints imposed by the legal framework both in Greece and Cyprus that prohibit the extensive development and application of 3D Cadastres. Property laws and customary rights in both countries present several similarities; e.g. co-ownership in shares as the result of the existing inheritance system, custom derived land-tenure patterns, such as separate ownership of plantations or constructions on foreign parcels and overlapping property rights. This range of land rights, restrictions and responsibilities (RRRs) identified in the Greek and Cyprus jurisdictions, requires proper 3D registrations complying with each legal structure, as well as systematic encoding and modelling, fully exploiting technical capabilities of 3D representations. Within the present study land law relating to RRRs in the two countries, as well as legal documents and mechanisms, producing and maintaining data about spatial extent of legal RRRs are thoroughly examined and presented. Through this analysis it was concluded that prevailing legislations both in Greece and Cyprus contain contradictory laws on property rights and several deficiencies, regarding the establishment of an operational framework for the development of 3D Cadastres. The same applies to other jurisdictions and land tenure systems, as evidenced by relevant scientific publications and research papers. Recent studies (Ploeger, 2011; Paulsson and Paasch, 2011; Erba, 2012) state that further and more focused (international) research is needed along with a common, conceptual framework allowing the exchange of legal 3D RRR information within the cadastral domain.
Event: Third International FIG Workshop on 3D Cadastres : Developments and Practices
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