Volume 04 Issue 02-2024
42
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
04
ISSUE
02
P
AGES
:
42-46
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
ABSTRACT
The article analyzes the possibilities of the history of the creation of a 3D cadastre - three-dimensional computer
modeling. The author reveals the advantages of 3D cadastre over two-dimensional modeling and, based on the
analysis of advanced foreign experience, analyzes the legal, institutional and technical aspects of the application of
this type of artificial intelligence in the national cadastral system.
KEYWORDS
Artificial intelligence, 2D cadastre, three-dimensional modeling, GIS technologies, project "Cadastr-2014", best
practices, legal regulation, land plot.
INTRODUCTION
The updated Constitution of the Republic of
Uzbekistan has consolidated the norm on the
inviolability of private property, according to which the
owner cannot be deprived of his property except in
cases and in accordance with the procedure provided
for by law and on the basis of a court decision .
The legal basis of ownership of real estate is cadastral
information, which includes environmental, legal and
economic data about the object of the cadastre. The
more reliable this information is, the higher the level of
guarantee of the inviolability of property rights.
It is no secret that the reliability of cadastral data is
directly related to the technologies used in its
collection, processing, analysis, storage and provision.
The most advanced technology is artificial intelligence,
which has long been used in the foreign cadastre of
technology in the form of three-dimensional computer
modeling (3D cadastre).
A 3D cadastre is an image of an object in three planes,
formed on a GIS technology platform. The main
advantage of a 3D cadastre over a 2D cadastre is that it
Research Article
THE ROLE OF 3D CADASTRES IN ENSURING THE INVIOLABILITY OF
PRIVATE PROPERTY RIGHTS
Submission Date:
February 06, 2024,
Accepted Date:
February 11, 2024,
Published Date:
February 16, 2024
Crossref doi:
https://doi.org/10.37547/ijlc/Volume04Issue02-07
Toshboeva Robiya Sobirovna
Associate Professor Of The Department Of Business Law Tashkent State University Of Law, Phd In Law,
Uzbekistan
Journal
Website:
https://theusajournals.
com/index.php/ijlc
Copyright:
Original
content from this work
may be used under the
terms of the creative
commons
attributes
4.0 licence.
Volume 04 Issue 02-2024
43
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
04
ISSUE
02
P
AGES
:
42-46
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
allows you to see the ground, aboveground and
underground surface of the cadastral object. This type
of cadastre allows you to prevent data loss for the
entire period of its use, provides registration of plots,
preserving the initial data on configuration, area and
relief. These changes subsequently affect not only the
land itself, but also nearby objects. In this case, the land
plot acts as a basic unit for access and control of land
use, infrastructure development. In addition, the 3D
cadastre simplifies access to information. The
technological basis of the 3D cadastre is 3D GIS, laser
scanning, spherical panoramas, etc. These models
appear both in a simplified (analytical map) and in a
complex form (a set of calculated values). The
application of this model expands the capabilities of
cadastral systems by providing guarantees of property
rights.
To date, more than 20 countries, including Sweden,
Norway,
Victoria and Queensland (Australia),
Brunswick and British Columbia (Canada), and
Shenzhen (China) have fully implemented 3D
cadastres.
There is also a partial use of this cadastre, in
particular, the Russian Federation has introduced a
voluntary practice of implementing three-dimensional
modeling based on an order, and in Sweden this model
is used only within one or more land plots.
The application of a three-dimensional cadastre has
three aspects: legal, institutional and technical. Let's
look at each of these aspects.
This type of artificial intelligence technology is quite
in demand in cadastral activities, therefore it is quite
well studied in science. Scientific research in the field
of three-dimensional cadastre began in the 90s of the
last century, but they have gained special relevance
over the past fifteen years.
The beginning of the practical application of 3D
cadastres is associated with the implementation of the
project "Cadastr-2014", designed for 1994-2014 on the
initiative of FIG . As a result of this project, a lot of work
was done to systematize the best practice of
implementing 3D cadastres in the form of a separate
work - "Best Practices 3D Cadastres. Extended
version».
In Russian geodesic science, the possibilities of using
three-dimensional modeling from a technical point of
view have been studied to a certain extent, which
cannot be said about legal research.
EU scientists have studied the application of the 3D
cadastre in a fairly comprehensive manner.
In particular, Williamson And. he justified the need to
switch to a three-dimensional cadastre , Ooster R. in his
research revealed the advantages of a 3D cadastre
over two-dimensional cadastres, highlighting its main
and additional functions , in the collective work of
Malaysian scientists, a hybrid version of a three-
dimensional cadastre is proposed, combining the basic
provisions of a two-dimensional cadastre with three-
dimensional modeling , turkish researcher S.Motamadi
highlights the main advantages of 3D cadastre , etc.
A separate issue is the study of the legal regulation of
the use of 3D cadastre data as an object of artificial
intelligence. Given the existence of different practices,
there is still no single approach to this issue.
In particular, the first group of scientists proposes to
regulate the use of artificial intelligence in the form of
a 3D cadastre object concept, a separate regulatory
act, as well as in the form of systematization of norms
related to the use of artificial intelligence.
The second group of scientists substantiates the
position of independent regulation of the legal status
Volume 04 Issue 02-2024
44
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
04
ISSUE
02
P
AGES
:
42-46
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
in the form of a separate legal act , the third group puts
forward the idea of restrictive regulation , the fourth
group of scientists considers the legal status of the 3D
cadastre as a result of the interaction of public and
private law , the fifth group of scientists puts forward
the position of common property law , etc .
The most prominent proponents of the legal
regulation of the use of the 3D cadastre by Van Oster,
P. Stoter, J.Ploger, H. Thompson, R.Karkey justify the
proposal on the need to recognize the 3D cadastre as
an independent right along with such powers as to
own, use and dispose .
Based on foreign practice, the following trends in the
use of 3D cadastre can be identified:
1. the existence of a separate law regulating the
application of the 3D cadastre. For example, China has
a separate law on 3D cadastre, which, along with land
plots in exclusive state ownership, registers buildings
and structures;
2. There is no separate law, while amendments and
additions have been made to the current legislation
regulating the legal status of 3D cadastres. These
countries include Australia (Queensland), Hungary,
Sweden, the Netherlands, Poland, Turkey, etc. This
system is very flexible by nature, as it is based on the
use of land boundaries within a two-dimensional
cadastre to generate information on a 3D cadastre
object. However, there are disadvantages to this
system. Thus, when generating information about one
object within the 3D cadastre, information about
several land plots within the 2D cadastre is used. This
practice may fail in the future when the issue of legal
recognition of 3D cadastres arises;
3. Despite its wide application in practice, the norms
of current legislation do not allow the use of a 3D
cadastre. In Greece and Cyprus, the use of 3D cadastre
is contrary to the Civil Code.
An analysis of the foreign practice of legal regulation
of the use of 3D cadastre shows the presence of a
different approach.
In particular, Australia was one of the first countries
to introduce 3D modeling in 1997 during the
implementation of the first global cadastral project.
Therefore, the information of the 3D cadastre has
equal force on a par with 2D and 4D cadastral
information. Paper cadastral information works in
parallel with electronic information, while the first one
has too many details, whereas 3D is just a graphic
image. Thus, paper and digital cadastral information
complement each other. All types of property rights
can be registered in both 3D and 2D cadastres. In
addition, three-dimensional modeling objects are
singled out separately: bridges, underground spaces,
parking easements, lease agreements, engineering
networks, pipelines, stadiums, etc. A 3D plot can be an
object of collateral, just like a regular plot, despite the
fact that 3D cadastral information is not the last truth
in the cadastre.
Argentine legislation is not ready to adopt a 3D
cadastre, despite its widespread application in
practice. In Austria, no matter how much they tried to
completely switch to a 3D cadastre, the digitalization
of the cadastre has not been fully completed. In
Bulgaria, there is a partial application of 3D modeling,
in Sofia a three-dimensional cadastre is considered
necessary, and in other places it is not the main source
of information, although legislation does not regulate
this concept. The Canadian experience is distinguished
by the daily updating of cadastral maps, books,
reports, although in fact it is a multi-purpose cadastre,
while there is no separate law on 3D cadastre, but the
Volume 04 Issue 02-2024
45
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
04
ISSUE
02
P
AGES
:
42-46
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
objects of the three-dimensional cadastre are
separately regulated.
Thus, as foreign experience shows, certain technical
and legal prerequisites are required for the full
implementation of the 3D cadastre. These include the
complete formation of cadastres, their digitalization,
as well as equal regulation of the legal status of paper
and 3D cadastral information.
As for the practical results of the implementation of
3D models in the field of inventories of natural
resources of Uzbekistan, it should be noted that the
creation of 3D models for certain types of minerals was
envisaged back in 2020 within the framework of the
cadastre of deposits, manifestations of minerals and
man-made mineral formations.
Based on the above, it should be noted that the most
optimal option for our country would be the gradual
introduction of three-dimensional modeling in parallel
with the operation of a two-dimensional cadastre with
the previous complete set of cadastral data on the
state of land, water, forest and subsurface resources
and their complete digitalization.
REFERENCES
1.
https://lex.uz/docs/6445147
2.
Toshboeva Robiya. Cadastr-2014: results of
implementation in Uzbekistan//The American
Journal of Political Science Law and Criminology
/2020/volume 04, p.56-61
3.
http://www.gdmc.nl/3dcadastres/FIG_3DCad.pdf
4.
Williamson, I. P., 1997, Strategic Management of
Cadastral Reform
–
Institutional Issues, FIG
Commission 7 Symposium on Cadastral Systems in
Developing Countries, Penang, Malaysia.
5.
Oosterom, P. Best Practices 3D Cadastres/
Extended version [Электронный ресурс] . /P.
Oosterom
//Delft,
Netherlands,2018,
http://www.gdmc.nl/,3D Cadastre/ The Theory of
Evolution
BIM
3D-7D.
URL
httrs//bimestimate.eu/en/the-theory-of-evolution-
bim-3d-7d
6.
S. HENDRIATININGSIH, Irawan SOEMARTO,
Bambang Edhie LAKSONO, Iwan KURNIAWAN,
Novi Kristina DEWI and Nanin SOEGITO,
Identification of 3-Dimensional Cadastre Model for
Indonesian Purpose Strategic Integration of
Surveying Services FIG Working Week 2007 Hong
Kong
SAR,
China,
13-17
May
2007
file:///C:/Users/Honor/Downloads/Identification_of
_3Dimensional_Cadastre%20(1).pdf
7.
Mohamed El- Mekawy, Jesper Paasch, Jenny
Paulsson Integration of 3D Cadastre, 3D Property
Formation and BIM in Sweden // 4th International
Workshop on 3D Cadastres. 9-11 November 2014.
Dubai, United Arab Emirates. P. 17-34.
8.
Stoter, J. and Zevenbergen, J. 2001. Changes in the
definition of property: A consideration for a 3D
cadastral registration system. Proceedings of the
FIG Working Week, Seoul, 2001. Accessed on 10
January
2013
at
http://www.gdmc.nl/3DCadastres/literature/3Dcad
_2001_01.pdf. Fendel, E. M. 2002. Registration of
Properties in Strata: report on the Working
Sessions. Digital report, accessed on 10 January
2013
at
http://www.gdmc.nl/3DCadastres/literature/3Dcad
_2001_05.pdf.; Karki, S., Thompson, R., McDougall,
K., Cumerford, N. and van Oosterom, P. 2010. ISO
land administration domain model and LandXML in
the development of digital survey plan lodgement
for 3D cadastre in Australia. Proceedings of the 2nd
International Workshop on 3D Cadastres (pp. 65-
84), 16-18 November 2011. Delft: TU Delft.
9.
Stoter, J. and Zevenbergen, J. 2001. Changes in the
definition of property: A consideration for a 3D
cadastral registration system. Proceedings of the
Volume 04 Issue 02-2024
46
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
04
ISSUE
02
P
AGES
:
42-46
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
FIG Working Week, Seoul, 2001. Accessed on 10
January
2013
at
http://www.gdmc.nl/3DCadastres/literature/3Dcad
_2001_01.pdf.; Huml, M. 2001. How to define real
estate: 2D or 3D? Legal view, conditions and
experiences in the Czech Republic. Proceedings of
the International Workshop on 3D Cadastres (pp.
293-299), The Netherlands: Delft University of
Technology
10.
Sandberg, H. 2001. Three-dimensional division and
registration of title to land: Legal aspects.
Proceedings of the International Workshop on 3D
Cadastres, 2001, Delft, pp. 201-209.; Stoter, J. and
Ploeger, H. 2003. Registration of 3D objects
crossing parcel boundaries. Proceedings of 2003
FIG Working Week, Paris, France, April 13-17, 2003.;
Tan, L. C. and Hussin, K. B. 2012. Establishing 3D
Property Rights in Malaysia. Proceedings of the
2012 FIG Working Week, Knowing To Manage The
Territory, Protect The Environment, Evaluate The
Cultural Heritage, Rome, Italy, 6-10 May 2012.
Retrieved
from
http://www.gdmc.nl/3DCadastres/literature/3Dcad
_2012_03.pdf on 14 Jan 2013.
11.
Navratil, G. 2012. Combining 3D cadastre and public
law
–
an Austrian perspective. In P. Van Oosterom,
R. Guo, L. Li, S. Ying and S. Angsüsser (eds.),
Proceedings of the 3rd International Workshop on
3D Cadastres pp. 61-71, 25-26 October, Shenzhen,
China 2012. Copenhagen, Denmark: International
Federation of Surveyors.
12.
Paulsson, J. 2012. Swedish 3D property in an
international comparison. In P. Van Oosterom, R.
Guo, L. Li, S. Ying and S. Angsüsser (eds.),
Proceedings of the 3rd International Workshop on
3D Cadastres, Developments and Practices (pp. 23-
40), 25-26 October 2012, Shenzhen, China.
Copenhagen, Denmark: International Federation
of Surveyors
13.
Van Oosterom, P., Stoter, J., Ploeger, H.,
Thompson, R. and Karki, S. 2011. World-wide
inventory of the status of 3D Cadastres in 2010 and
expectations for 2014. Proceedings of the 2011 FIG
Working Week, Bridging the Gap between
Cultures, Marrakech, Morocco, 18-22 May 2011.
14.
https://lex.uz/ru/docs/4435772
