3D real property in vertical mixed-use developments. A comparative analysis of common property and management aspects in selected jurisdictions – The case of British Columbia, Denmark and Sweden

Abstract

Jurisdictions around the world are experiencing an increasing demand for formation of three-dimensional (3D) real property units, especially in the presence of vertical mixed-use developments. Since traditional real property formation is only in two dimensions (2D), jurisdictions are on different steps (levels) of transforming 2D real property legislation into 3D real property legislation. The objective of this article is to analyse and compare law and practice in jurisdictions that are on different steps of developing 3D real property legislation, but otherwise comparable in terms of societal development status. The predominant focus in academic literature is on formation of private 3D property rights. This paper has a somewhat different approach, focussing on formation and management of common property. The formation of common property is usually unavoidable in a vertical mixed-use development, e.g. due to a high degree of interdependence between layered and intertwined 3D property units. Legal aspects regarding common property formation and management have not been rigorously compared internationally. This article presents a comparative study including British Columbia (Canada), Denmark and Sweden. Each jurisdiction represents a unique step on the 3D transformation staircase where legal aspects regarding common property and management in each jurisdiction is analysed and presented. The results of the study can be beneficial for researchers and legislators as a tool to analyse 3D real property legislation.