GIS Sana Sini - Malaysia Geoportal

CadastralRegistration6BULETIN GEOSPATIAL Sektor Awam Edisi 2/20101965 (Act 56 of 1965) & Regulations allow airspace rights above ground surface up to amaximum of 21 years in form ranging from anabsolute conveyance to splitting off individualrights associated with the air space parcel. Thisis always used in a complication urban multilevelmix development, or in the allocation of propertyrights concerning underground facilities in largeurban areas (Mitrofanova, 2002). There arecurrently many arguments about the surfaceunder different categories of land use, subdivision,partition and amalgamation; these argumentswould evidently be different if 3D property rightsare used. Without the possibility of using 3Dproperties, other legal rights have to be usedto allow separate parties to use different partsof one building or property. To make such rightspossible, different and new legal institutionshave to be created, such as mineral and air rights(Sandberg, 2003). Again, 3D property rights cantake on different forms and can vary from fullownership to rights of different extents (Paulsson,2007).The Malaysian property market has not beenoperated accordingly with the value of realproperty depending on its location and parcelarea (length x wide) without volume (height).Hence, the price of the parcel unit is based onthe specific area and not the volumetric areasas well. The parcel areas in the Final Titles arebased on the area given in Certified Plan afterthe final survey has been completed, this isexemplified by the calculation of share unit instrata title for strata and stratum objects. Lowcost flats and medium cost flats are usuallylower in cost and height than apartments andcondominiums; however, if the parcel areasare same, it means that the apartment andcondominium owners are paying less moneyon the assessment, quit rent and maintenance feewhich reflects the cost for low and medium costflat owners.“Land administrationconsists of Cadastral Surveyand Mapping RegistrationSystem and Land RegistrationSystem where both of themcontain a set of recordsabout land.“In conclusion, there are many aspects toconsider in implementing the 3D property rightsof a legal and technical nature. Among theseaspects, the core of this research attempt toinvestigate problems occurs in the Malaysiacadastral system on the legal aspect which canbe seen as a foundation for 3D property andits technical aspect. The main legal documentsinvolved are National Land Code 1965 (Act 56 of1965) & Regulations; Strata Title Act 1985 (Act318)& Rules and Order; and Building and CommonProperty (Maintenance and Management) Act2007 (Act 663). Without proper land and cadastrallegislation, such property cannot be formed at all.As a result of this, it has also been necessary tolook into the legal systems of other countries,where 3D property formation is already possibleby law, and to gain information about what kindof problems are faced there and how they havehandled; this is so as to better understand theproblems that may occur for countries introducing3D property rights into their legislation. Forthis reason, the Swedish Land and CadastralLegislation is used as the legislation model in thisresearch. In regards to the technical aspects, thereferences above were used for designingappropriate methods as they would be thefundamental principles applied to cadastralsurvey and mapping practices.CADASTRAL MAP AND LAND TITLECadastre is a technical term for a set of recordsshowing the value and ownership of land parcel.It provides precise description and identificationof particular pieces of land and its acts as acontinuous record of rights in land. Meanwhile,a modern cadastre normally consists of series oflarge scale cadastral map and correspondingregister. Both the maps and registers may bestored in computers, such as Cadastral DatabaseManagement System (CDMS) and ComputerisedLand Registration System (CLRS) in MalaysianCadastral System.After final survey of an individual parcel of landor a number of lands, a cadastral map, so-calledCertified Plan in Malaysia will be produced forthose plot/plots of land. Certified plan is preparedfollowing the format determined by theDepartment of Survey and Mapping Malaysia(DSMM). It shows the lot boundary in variousscales with a given Certified Plan number.Information pertaining to the lot location, number,area, bearing and distance are also displayed.Immediate after the approval of Certified Plan,the document of title, such as Registry Title andLand Office Title in Malaysia will be prepared,approved and issued to the owner. Registry