Addressing public law restrictions within a 3D cadastral context

Abstract

Public law affects contemporary life by imposing various regulations that apply in 3D space. However, such restrictions are either literally described in legal documents or presented on a horizontal plane, resulting in ambiguities, especially in the case of vertically overlapping restrictions with a significant impact on land management. This paper investigates public law restrictions (PLR) applying to 3D space and their management within a 3D cadastral context. Within this framework, a case study is examined in Greece concerning the establishment of a subway station, focusing on public utilities, archaeological legislation, and building regulations. Relative legal documentation is compiled and mapped in a 3D PLR model, presenting inefficiencies and malfunctions that can be resolved if PLRs are addressed within a 3D cadastral context. Stipulations implying restrictions in 3D space within current legislation are presented, along with the restrictions deriving from the absolute character of ownership right, thus highlighting the significance of 3D definition, modeling and recording of PLRs.