scholarly journals Public Law Restrictions in the Context of 3D Land Administration—Review on Legal and Technical Approaches

Land ◽  
2022 ◽  
Vol 11 (1) ◽  
pp. 88
Author(s):  
Dimitrios Kitsakis ◽  
Eftychia Kalogianni ◽  
Efi Dimopoulou
Keyword(s):  
Property Rights ◽  
Public Law ◽  
Archaeological Sites ◽  
Real Property ◽  
Spatial Unit ◽  
3D Space ◽  
Land Administration ◽  
Utility Network ◽  
Intense Exploitation ◽  
Land Administration Systems

Intense exploitation of land implies the development of multi-level, multi-purpose, overlapping and interlocking structures on 3D space, thus resulting in complex, stratified, 3D real property rights between individual owners, as well as restrictions. Legislation regulates the ownership status and use of land by imposing restrictions known as Public Law Restrictions (PLRs). PLRs extend to various fields and various legislative frameworks, such as the protection of archaeological sites, protection and maintenance of underground infrastructures and utilities, environmental protection, flying of unmanned air vehicles, etc. PLRs are usually investigated in the context of property rights and restrictions in the various Land Administration Systems worldwide, and do not often gain specific attention. However, it is noticed that the restrictions that arise from Public Law need to be investigated and classified, so that they can be better utilised in the property status of land ownership. This review paper investigates the legal statutes on PLRs within the context of 3D land administration and the stipulations used to provide unambiguous modelling of PLRs, as provided by the relative literature. Moreover, the PLRs applied in the 3D space, to clearly depict rights, restrictions and responsibilities on the relevant spatial unit (land, air, marine parcel, mine, utility network, etc.), are particularly examined. Therefore, this work is to critically review and assess the aforementioned approaches on PLRs’ registration, modelling and organisation, as provided by a literature survey, and provides an overall view of the requirements and challenges within the development of 3D Land Administration Systems also considering standardisation developments.

scholarly journals Legal Standing of Customary Land in Indonesia: A Comparative Study of Land Administration Systems

2017 ◽  
Vol 3 (2) ◽  
pp. 175
Author(s):  
Mustafa Bola
Keyword(s):  
Government Regulation ◽  
Land Ownership ◽  
Land Law ◽  
Role Of Government ◽  
Land Registration ◽  
Land Administration ◽  
Develop Land ◽  
Customary Land ◽  
Land Administration Systems

Prove of land ownership by customary land is generally unwritten, just a confession of the surrounding communities with nature sign boundaries. If land ownership cannot be supported by strong evidence, the land may be registered by someone else who has getting physically for 20 years or more in consecutively and qualified on Government Regulation No. 24 of 1997 concerning Land Registration. Proof of old rights derived from the customary land law is rationally difficult to prove because there are no written documents. Customary land law does not know written ownership, only physical possession continually so it is very prone to conflict or dispute. In order to develop land administration in Indonesia, the values of customary land law contained in its principles is expected to be reflected in the land administration so it can reduce land conflict in the community. The role of customary land law has a large portion of the national land law. The role of government or ruling is very important to create a conducive condition in the land sector. A land is not allowed for personal or group interests, its use must be adjusted with the condition and the characteristic of their rights so useful, both for the prosperity and helpful to community and state.

PUBLIC ADMINISTRATION AS AN ORGANIZATIONAL AND LEGAL MEANS OF PROTECTION OF PROPERTY RIGHTS

2017 ◽  
Author(s):  
Ihor Binko ◽  
Keyword(s):  
Civil Rights ◽  
Property Rights ◽  
Public Administration ◽  
Private Property ◽  
Civil Law ◽  
Public Law ◽  
Point Of View ◽  
Management Decision ◽  
Public Property ◽  
Procedural Basis

The article explores the idea that public administration can act as an independent means of protection of civil rights, complementing such tools as civil law types of protection of rights, which consist in proving the legality of possession of the property itself. Protection of property rights is traditionally considered a field of private law, built on the principles of respect for private property, equality of arms, independence of the court and a fair settlement of legal disputes. It is stated that, unlike civil law methods of protection of rights, public administration as a method of protection of rights is aimed not at protecting the issue of legality of possession but at protecting the registration record from wrongful distortion. A large array of rules on the protection of private property is of a public law nature and is associated with the administration of relevant records. It is argued that from the point of view of protection of property rights, in particular property rights to real estate and their derivatives - the rights of the mortgagee, rights of claim, which are notarized, etc., the activities of state bodies are an organizational means of protecting such rights in the form of public administration. Publicity means that any decisions regarding changes in registered rights are made in public and, in accordance with the procedures provided by law, become public property, including stakeholders and an indefinite number of entities. It is determined that the essence of administration is that rights are protected on a procedural basis and the need for certain legal preconditions for making a management decision on changes in registered rights cannot be replaced by other legal preconditions, or a decision cannot be made without sufficient legal grounds.

1. Introduction to Property and Land

2019 ◽  
pp. 1-27
Author(s):  
Martin George ◽  
Antonia Layard
Keyword(s):  
Property Rights ◽  
Residential Area ◽  
Third Party ◽  
Real Property ◽  
Personal Property ◽  
The Third ◽  
English Law ◽  
The Third Party ◽  
The Right ◽  
Ownership Rights

Land is an important commodity in society that it is both permanent and indestructible, two features which distinguish it from other forms of property. More than one person can have a relationship with the land and share the right to possess it. The right to possess a land is known as ownership right, but it is also common for people to have enforceable rights in other people’s land. This is the third party right, an example of which is where the owner of a house in a residential area agrees with neighbours that the house will only be used as a residence. This chapter discusses land and property rights, ownership rights, third party rights, and conveyancing. It also examines the distinction in English law between real property and personal property, the meaning of land, items attached to the land, fixtures and fittings, and incorporeal hereditaments.

Cases on the Law of Property. Introduction to the Law of Real Property. Rights in Land

1934 ◽  
Vol 82 (7) ◽  
pp. 784
Author(s):  
W. Lewis Roberts ◽  
Harry A. Bigelow ◽  
Joseph Warren Madden
Keyword(s):  
Property Rights ◽  
Real Property ◽  
The Law

scholarly journals Performance Evaluation of the Urban Cadastral System in Addis Ababa, Ethiopia

Land ◽  
2020 ◽  
Vol 9 (12) ◽  
pp. 505
Author(s):  
Solomon Dargie Chekole ◽  
Walter Timo de Vries ◽  
Pamela Durán-Díaz ◽  
Gebeyehu Belay Shibeshi
Keyword(s):  
Addis Ababa ◽  
Group Discussion ◽  
Real Property ◽  
Registration System ◽  
Independent Variables ◽  
Quality Of Leadership ◽  
Land Administration ◽  
The People ◽  
Cadastral System

The cadastral system is a land management and land administration tool to provide a safe and reliable real property registration system. In Ethiopia, however, the attempts to implement a reliable urban cadastral system have not been successful, which translates into a deficient land administration system. This paper is an evaluation of the performance of the urban cadastral system of Addis Ababa, based on the European Foundation for Quality Management (EFQM) excellence model. The nine criteria of the model were used as independent and dependent variables. Data were collected through interviews, Likert-type questionnaires, and focus group discussions, and validated with method-to-method technique. Qualitative and quantitative data analysis techniques (ordinal logistics regression model) were employed. In order to ascertain reliability of the data, Cronbach’s alpha reliability test was performed in SPSS, and a coefficient of 0.883 was calculated, confirming that the items (questions) have relatively high internal consistency. According to the statistical result from the independent variables, the people result criteria estimated the achievement of cadastral organization at most (1.724). The societal result predicted with a coefficient of 0.281 less. This indicates that the people criterion determines more importantly than other variables. Overall, the independent variables scored the performance of the cadastral organization 24.92 out of 40 points. Findings from interviews and group discussion also confirmed that the most bottlenecks for the organizational achievement are the strategic plan, quality of leadership, bureaucratic processes, and supply of resources. Therefore, we suggest that the responsible authorities need to pay more attention to the enabler criteria (especially, the design of policy and strategy, quality of leadership, provision of resource and partnership, and the process), in order to improve the achievements of the urban cadastral system organization.

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