Keywords : parcels, cadastral surveying, 3D properties, underground constructions, overhanging constructions
Abstract
Marine cadastral and registering 3D properties become hot issues in land registration problems. In this paper, I will figure out the approach for registering 3D properties. This approach, that has been used in Norway, is the new infrastructures that will support registering 3D properties in Indonesia. The infrastructures consist of technical aspect and law aspect (bill and regulation). Technical aspect contains about cadastral surveying for 3D properties and making 3D mapping. Law aspect contains about regulation and bill that arrange 3D properties. These new infrastructures are important for supporting in registering 3D properties.
I. Background
Indonesia has approximately 80,000,000 parcels in productive areas. The number of parcel that has been registered is approximately 20,000,000 parcels. So, we have approximately 60,000,000 parcels that have not been registered yet. We have all infrastructures for registering these parcels. These parcels are registered in 2 dimensional forms. Meanwhile we have not finished yet in registering 2 dimensional (2D) properties, new problem in registering 3 dimensional (3D) properties comes up.
New inventions in science and technology have allowed people to make underground constructions. Underground constructions usually have a strong relation with the availability of underground map and 3D maps (Valstad, 2001). The other problems come up related with land registration for underground parcels. It was too difficult to determine the title and the owner of underground parcels, because these parcels still have strong relation in law with the parcels above. New inventions in science and technology also allowed people to make overhanging constructions. The same with underground constructions, it is difficult to identify the rights in overhanging constructions.
II. 3D Properties
These constructions, overhanging and underground, can be definite as 3D properties. It means that these properties not just land that has 2D (length and wide), but they also include the properties (building, house, etc) that attach with the land. So, it must have 3D (length, wide, depth / height). Van Oosteroom (2003) stated that there are a number of factors which can accelerate the growing interest for 3D properties :
1. A considerable in private property value;
2. The number of underground, overhanging constructions and multilevel buildings has grown considerably in the last forty years;
3. An upcoming 3D approach in other domains.
III. Cadastral and Land Registration
Cadastral, according to Asoegwu (2000), is a complete up to date official record or inventory of land parcels within an area administered by a government unit. Land registration include in cadastral process. In Indonesia, Agrarian Law 1960 plays important role in land registration. Agrarian Law mentions that the freehold title is the strongest right which people can hold. If someone has freehold title, he or she can do everything with his or her land. He or she also owns all area, above and below, of his or her land. It means that all natural resources below and above the land also belong to the owner of the land.
This condition caused difficulties in registering 3D properties. Stoter and Ploeger (2003) stated that current cadastral registration systems, based on 2D for describing parcels, have shown limitations in providing insight in (2D and 3D) location of 3D constructions (e.g. pipelines, tunnels, multi level buildings) and in vertical dimension (depth and height) of established for 3D constructions.
IV. Practical Approach for Registering 3D Properties
Until today most countries have developed their own cadastral system, because there are supposed to be huge differences between different systems (Van Oosteroom, 2003). According to Bogaerts and Zevenbergen (2001), some of those systems are based on general boundaries approach, others and fixed boundaries. Indonesia uses general boundaries approach and “contradicture – delimitation” as basic approach for boundaries agreement.
Indonesia condition is similar with Norway in registering 2D properties and boundaries approach. But for registering 3D properties, there is something interesting in the way Norway started registering 3D properties. Oslo’s local government just realized that it was very important since they built “the city’s first underground train way”. So, it can be compared with our condition right now that the government started to build mass transportation based on monorail mode and underground railway mode.
The first thing that the government should do is making parcel – based land information system. National and Local Government have to have regulations that all parcels have to be connected with their spatial information and its property.
The second thing is providing the availability of accurate 3D registration maps. 3D maps is very important for registering 3D properties, because 3D maps are used as archives for 3D properties.
The third thing is making the suitable regulation for 3D properties. Agrarian Law 1960 needs to be revised. Amsterdams Arena Football Stadium in Amsterdams could be a good example. There are an underground railway station, car parks and malls below the stadium. Amsterdams’ local government made special regulations on this building and spent many years in development studies before they built this building. It also happens in Indonesia, when Jakarta’s local government wants to build Monorail. Even though the Monorail is still under construction, we haven’t heard yet about the regulations.
V. Conclusions
This approach could be definite as technical aspect and law aspect. Technical aspect itself could not work out without support from law aspect. It also happens with law aspect which could not work without using new technical aspect. Although 3D properties are not common in Indonesia, we have to prepare for these. Slowly but sure, 3D properties will become a trend in Indonesia. Monorail and underground railway could be a starting point in 3D properties development.
REFRENCES
Asoegwu, R.N. (2000) On The Concept of Multipurpose Cadastre, Seminar / Workshop On Functional Multipurpose Cadastre for National Development. NIS, Enugu Branch.
Bogaerts, T. and Zevenbergen, J. (2001) Cadastral Systems in Alternative, in Computers, Environment and Urban Systems, Theme Issues Cadastral Systems, p. 325 – 337, Volume 25, numbr 4 – 5, 2001, Elsevier Science, New York.
Osteroom, van, (2005) Impact Analysis of Recent Geo – ICT Developments on Cadastral Systems, FIG XII International Congress, Washington.
Valstad, T. (2003) The Oslo Method – A Practical Approach to Register 3D Properties, FIG Working Week, Paris.
Monday, May 01, 2006
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