DETERMINING THE COURSE OF THE BOUNDARIES OF CADASTRAL PARCELS PURSUANT TO THE PROVISIONS ON THE REGISTER OF LAND AND BUILDINGS AND ENTERING THE DETERMINED BOUNDARIES INTO CADASTRAL DATABASES – SELECTED FORMAL, LEGAL AND TECHNICAL ASPECTS

key words: cadastre, register of land and buildings, parcel boundaries

Summary:

The course of the boundaries of cadastral parcels is now entered into the databases of the register of land and buildings (EGiB) in numerical form using sets of coordinates of the boundary points. In the regulations on the register of land and buildings, the manner of defining a parcel boundary and its description in the cadastral databases introduces a number of new requirements, both regarding the manner of carrying out the determination of the course of parcel boundaries and documenting these proceedings, as well as the method of recording the data generated as a result of performing this procedure in the cadastral database. In recent years, determining the course of parcel boundaries pursuant to the provisions on EGiB has also become one of the most frequent surveying activities carried out both on a mass scale for the purpose of the modernization of the cadastre, as well as in individual cases concerning, for example, real estate division, cadastral database update or preparation of maps for design purposes.
According to the author's opinion, the currently applicable regulations as well as the solutions used in practice are insufficient and lead to the incorrect determination and documentation of the course of parcel boundaries, and to entering into the cadastral databases the data which is inconsistent with the factual status. The consequence of the above situation, briefly described, are the irregularities both objective, resulting from the irregular legal regulations, as well as subjective, due to the incorrect understanding and use of laws by surveyors.
In the paper, the author carries out a critical analysis of the existing legal provisions on the register of land and buildings, regarding the determination of the course of parcel boundaries with special emphasis on the boundary points located at the intersection of three parcels belonging to the different real properties. The analysis also covers the cases of the occurring problems and identified errors encountered in surveying practice, which the author has taken from the proceedings associated with the modernization of the cadastre. The author participated in these proceedings in various cadastral units and cadastral districts over the period of several years.
As a result of the performed analyses and studies, the author presents proposals for legal and technical solutions aimed to improve the current status as well as to remove the existing irregularities and barriers. They regard, inter alia, the documentation on the proceedings of determining the course of parcel boundaries, and the scope and value of the attributes of boundary points and boundary lines.

Citation:

Maślanka J. 2018. DETERMINING THE COURSE OF THE BOUNDARIES OF CADASTRAL PARCELS PURSUANT TO THE PROVISIONS ON THE REGISTER OF LAND AND BUILDINGS AND ENTERING THE DETERMINED BOUNDARIES INTO CADASTRAL DATABASES – SELECTED FORMAL, LEGAL AND TECHNICAL ASPECTS. Infrastruktura i Ekologia Terenów Wiejskich. Nr 2018/ III (1)