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  • 1.
    Hjelmblom, Magnus
    et al.
    University of Gävle, Faculty of Engineering and Sustainable Development, Department of Computer and Geospatial Sciences, Decision, Risk and Policy Analysis.
    Paasch, Jesper M.
    University of Gävle, Faculty of Engineering and Sustainable Development, Department of Computer and Geospatial Sciences, Geospatial Sciences.
    Paulsson, Jenny
    KTH Royal Institute of Technology.
    Edlund, Marina
    The Swedish Mapping, Cadastral and Land Registration Authority.
    Bökman, Fredrik
    University of Gävle, Faculty of Engineering and Sustainable Development, Department of Computer and Geospatial Sciences, Decision, Risk and Policy Analysis.
    Towards Automation of the Swedish Property Formation Process: A Structural and Logical Analysis of Property Subdivision2019In: Nordic Journal of Surveying and Real Estate Research, ISSN 1459-5877, E-ISSN 2341-6599, Vol. 14, no 1, p. 29-63Article in journal (Refereed)
    Abstract [en]

    The ongoing digitalization of public administration and increasedautomation of legal decision-making bears promise to benefit citizens,businesses and other stakeholders through simpler and more efficient civilprocesses, and thus has great impact on the urban planning and buildingprocess. However, automation of decision-making that is directed orconstrained by normative systems such as laws, regulations and policies,requires a detailed and accurate representation of these concepts andtheir constituent parts, and the domain to which they are applied. Thispaper combines two perspectives on formalisation and classification oflegal relations within the urban planning and building domain. In a crossdisciplinaryfashion, the paper analyses and describes a small part of thisdomain at a higher level of abstraction and formalization using two differentanalysis instruments. Using these tools, we perform structural and conceptualas well as logical analyses of two specific snapshots of a fictitious propertysubdivision case in Sweden, focusing on the legal relations between differententities and parties involved in the specific situations. The structural analysisuses the Land Administration Domain Model ISO 19152:2012 standardformalism, and the logical analysis is based on the notion of atomic types oflegal relations. The paper discusses some of the strengths and weaknesses ofthe two tools regarding the formal representation of rights, restrictions andresponsibilities of different parties in the land administration domain, as wellas how the tools relate to each other and how they can be aligned. This papertakes one step towards a deeper understanding of the domain, and identifyareas for future research that may provide better conditions for efficient andtransparent use of geospatial information, and automation of the propertysubdivision process and other related civil processes.

  • 2.
    Liedholm Johnson, Eva
    et al.
    KTH Royal Institute of Technology, Division of Real Estate Planning and Land Law, Stockholm, Sweden.
    Paulsson, Jenny
    KTH Royal Institute of Technology, Division of Real Estate Planning and Land Law, Stockholm, Sweden.
    Paasch, Jesper M.
    Swedish mapping, cadastral and land registration authority, Gävle, Sweden.
    Classification and Co-ordination of Conflicting Rights for Sustainable Land Use2014In: Nordic Journal of Surveying and Real Estate Research, ISSN 1459-5877, E-ISSN 2341-6599, Vol. 10, no 2, p. 61-81Article in journal (Refereed)
    Abstract [en]

    The aim of this article is to investigate the possibilities to detect the conflicts between national interests and rights for sustainable land use. The analysis is based on a newly developed standardized terminological framework for classification of interests in land, the Legal Cadastral Domain Model. The model is used to classify conflicting rights in two Swedish mining areas, Kiruna and Bunge, in Kiruna the relocation of the city due to mining interests and in Bunge the ongoing conflict between mining interests and national nature preservation interests.

    The study shows that it is relevant to use a standardized approach for getting an overview of and thus comparing the multi-facetted nature of private and public interests in land. For example, land use regulations, such as a zoning plan, often contain prohibitions and obligations for the property owner embedded in the same document and a mining concession may contain instructions for environmental protection activities. They are in the model classified as separate interests beneficial or limiting for the right holder. A detailed classification therefore provides an overview and can assist officials and decision makers in identifying and co-ordinating conflicting interests.

  • 3.
    Paasch, Jesper M.
    Fastighetsvetenskap, the Royal Institute of Technology, Stockholm, Sweden.
    Legal Cadastral Domain Model: An Object-orientated Approach2005In: Nordic Journal of Surveying and Real Estate Research, ISSN 1459-5877, E-ISSN 2341-6599, Vol. 2, no 1, p. 117-136Article in journal (Refereed)
    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.

  • 4.
    Paasch, Jesper M.
    Lantmäteriet, Gävle, Sweden.
    Modelling Public Regulations - A Theoretical Approach.2012In: Nordic Journal of Surveying and Real Estate Research, ISSN 1459-5877, E-ISSN 2341-6599, Vol. 9, no 1, p. 59-75Article in journal (Refereed)
    Abstract [en]

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

  • 5.
    Paasch, Jesper M.
    et al.
    KTH Royal Institute of Technology, Division of Real Estate Planning and Land Law, Stockholm, Sweden; Swedish mapping, cadastral and land registration authority, Gävle, Sweden.
    Paulsson, Jenny
    KTH Royal Institute of Technology, Division of Real Estate Planning and Land Law, Stockholm, Sweden.
    Terminological Aspects Concerning Three-Dimensional Real Property2011In: Nordic Journal of Surveying and Real Estate Research, ISSN 1459-5877, E-ISSN 2341-6599, Vol. 8, no 1, p. 81-97Article, review/survey (Refereed)
    Abstract [en]

    This article discusses terminological aspects concerning definitions of three-dimensional (3D) real property.

    The authors have noticed that researchers from different countries, and even within the same country, use different terminology when describing 3D property. Neither have any general international definition of 3D property been encountered which is possible to use internationally to differentiate forms of 3D property. The aim of this article is to discuss terminological aspects of 3D property, resulting in a working definition of 3D property. The definition is tested and validated against other 3D property definitions encountered internationally.

    The basic aspects of terminology in general and legal terminology in particular are studied as a foundation for discussions on forms of 3D property rights and 3D property terminology. Examples of various terms used internationally, in different countries and legal families, are presented, showing the variety and difficulties with standardising the terminology. The problem of existing inconsistent terminology used today is addressed by applying methods from the field of terminology within the 3D real property domain. An overview of 3D property and property rights and what characterizes each of them is also presented. Thereafter the terminological principles are applied on a survey of 3D property rights to create a working definition for 3D property.

    Based on the validation, it can be concluded that the studied definitions all have shortcomings from a legal perspective, such as being too narrow or too wide, focusing on use rather than on object, or describing the physical object instead of the legally defined 3D object. This shows that it is difficult finding an accurate and internationally valid definition of 3D property. The authors believe that using unified terms and definitions will act towards a common understanding and thus further the establishment of a domain specific ontology within the field of 3D property.

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