Geoscience Reference
In-Depth Information
Fig. 8
Complex 3D cadastre
occurrences in Coimbra
(Portugal): underground
garage underneath a next-
door building
Case study 5: Underground Property Unit Underneath Several Different
Properties
In this case, the issue is to some extent related to that in case study 1 above: prop-
erty units and the physical infrastructure of buildings do not coincide.
The situation depicted in Fig.
6
relates to an underground communal garage
that does not coincide with the underground infrastructure of the building it
“belongs to”. According to the Portuguese law, ownership rights over a given real
estate on the ground also apply to the underground area underneath that property.
As it may be seen in Fig.
8
, those rights do not apply to the white building on the
left for its underground area is taken by the communal garage that actually belongs
to the light-grey building on the right. Again, as in case study 1, such a situation
turns to be even more complex for it cannot be visualised from outside. How can a
computerised cadastral system be capable of handling exceptions to the cadastral
law like this one?
Case study 6: Arch-Building of Private Flats Over Public Space
Finally, a sixth situation is presented. This case study covers another exception to
the cadastral law in Portugal. As a principle, according to the Portuguese cadastral
law, ownership rights over a given real estate on the ground also apply to both
areas above and underneath that property.
In Fig.
9
, the block of apartments illustrated is an arch-building over an urban
road. This constitutes an exception to the legal principle above. Indeed, condo-
minium ownership rights cannot be applied to the overground area underneath
the arch-building since this constitutes public domain. Once again, how can a