1 “Standardization of the cadastral domain” Jesper M. Paasch Lantmäteriet, and KTH

2 Content: Bakground Other activities Teory Hypothesis Methodology

3 Background Enlisted as PhD student fall 2003, but started ”seriously” at ”Enheten för Fastighetsvetenskap”, KTH in the beginning of 2004 Part time studies. Upp to 50%.

4 FIG Cadastre 2014 The Core Cadastral Domain Model (CCDM) Related activities EULIS (European Land Information System)

5 Kaufman and Steudler (1998) Cadastre FIG

6 Oosterom et. al. (2006) The Core Cadastral Domain Model In Computers, Environmet and Urban Systems, vol. 30, ssue 5, 2006.

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8 Focus on terminology “What we do must be humanly understandable before it can be computational understandable” Teory

9 Object Concept Term puu træ Baum abre Definition: “tall plant with hard self-supporting trunk and branches that lives for many years” Based on Sounuuti, H. Guide to Terminology, 2001 tree

10 What are real property rights and restrictions? They are influencing ownership

11 Theoretical connections between person and land Mattsson, H.: (2004) Property rights and registration in a perspective of change, MIIGAiK University, Moscow.

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13 At present it is NOT realistic to imagine standardized or harmonized real property rights and restrictions to enable cross border transactions We can accomplish a lot if we have a terminological framework

14 What are the common factors in the structure of real property rights and restrictions? Is it possible to achieve a standardized terminological framework for real property rights and restrictions – or is it a fools task?

15 Hypothesis: 5 types of real property rights 2 types of real property restrictions

16 A classification suitable for formal real property rights and restrictions A step towards a common terminological framework used by cross- border transactions Independent of any legal system

17 Private law Public law

18 Common right Rights executed on a real property commonly owned by two or more real properties. Real property right A right executed by a real property on another real property. E.g. servitude /easement. Personal right A right executed by a person or company on a real property. E.g. a persons right to harvest the fruits of the land. Latent right A right which is not executed on a real property yet. Examples are mining concessions and pre-emption rights. When latent rights are being executed, they are transferred to another group of rights. Lien A security for payment registered on the real property, e.g. a mortgage.

19 An asset to ownership. A positive result of legally imposed burden, e.g. a dispensation from a building restriction Public advantage Public regulation A public imposed burden by e.g. a municipality on one or more properties. E.g. a building regulation or planning regulation / zoning plan

20 Terminological framework Nation A Rights and restrictions Nation B Rights and restrictions

21 4 peer-review articles: Legal Cadastral Domain Model – An Object-oriented Approach Published (Hypothesis) ”Standardization of the legal domain”Oct (Theory building) Case studies on formal rights(4)In progress Case study on customary rights Planned Methdology

22 Based on Newman, P. and Thornley, A. (1996) Urban Planning in Europe. Case-studies: The Netherlands Germany Sweden Ireland Ghana (Customary rights)

23 Studies of: - national legislation - Other research (owerview, reports, etc.) - Expert interviews

24 Publications: Paasch, J.M. (2004) A Cadastral Domain Model. Published in the proceedings of the 12th International Conference on Geoinformatics, University of Gävle, Sweden, 7-9 June Paasch, J.M. (2004) Modelling the Cadastral Domain. Published in the proceedings of the 10th EC-GI Workshop, Warsaw, Poland June Paasch, J.M. (2004) A Legal Cadastral Domain Model. Published in the proceedings of the "Standardisation in the Cadastral Domain" Workshop, held by "COST Action G9" and "FIG Commission 7" on 9-10 December 2004 at Bamberg University, Germany. Paasch, J.M. (2005) Legal Cadastral Domain Model - An Object-orientated Approach. Nordic Journal of Surveying and Real Estate Research, Volume 2, Number 1, Paasch, J.M. (2006) Standardization of Real Property Rights and Restrictions - A Fool´s Task? Published in the proceedings of the XXIII International FIG Congress, 8-13 October 2006, Munich, Germany, ISBN Ongoing An approach towards standardization of legal issues regarding real property transactions. In: Zevenbergen, Frank and Stubkjaer (eds.) Real Property Transactions; Procedures, Transaction Costs and Models. IOS Press, Amsterdam, the Netherlands. Expected to be published during Standardization of the legal domain. A terminological approach Planned publication in Homo Oeconomicus (EURAS Yearbook of Standardization) 2007 or ”Co-author” : Hespanha, J.;Jardim, M.; Jesper Paasch, J.; Zevenbergen, J. "Modelling Legal and Administrative Cadastral Domain – Implementing into Portuguese Legal Framework," Submitted for publication to the Journal of Comparative Law in sept