Marking
Marking refers to the legally effective marking of a parcel boundary with the help of permanent boundary signs in the locality.
The term marking is valid in Germany according to § 919 BGB ; In Austria and Switzerland, the general term geodesy is used synonymously for the attachment of measuring marks, marking , in legal matters .
All German federal states and Austria have regulated the procedure and the concept of marking in cadastral and surveying laws or in special marking laws under public law. In contrast to the border display or border indication, the marking is an administrative act against which the parties (owners of the land concerned ) can appeal. The German jurisprudence defines the marking as a determining administrative act stating that the marked boundary point in the locality reflects the boundary point resulting from the cadastre (see OVG Münster, ruling May 5, 1999 - 9A2350 / 98). The introduced boundary sign is thus declared to be a marking and thus provided with protection under public law (marking, cadastral and surveying law as well as § 274 StGB). It will serve as important evidence in civil law until it disappears.
The implementation of the marking is reserved for authorized persons or offices - the surveyors - such as the publicly appointed surveying engineers ( ÖBVI) in Germany or the engineering consultants (in Austria) or the state or municipal surveying or land registry offices .
In surveying, the term marking is sometimes used for the technical process of placing a boundary stone (marking is then the certification of the marking by the surveyor, comparable to the work of a notary). Since the introduction of a boundary symbol without legal effect is pointless, such a distinction does not take place in all countries; the “marking” then also includes the introduction of the boundary sign or the “marking” of its legal confirmation.
Destroying or changing a boundary mark is punished as an administrative offense and / or a criminal offense in most countries of the world if there is intent. In Germany, according to Section 274, Paragraph 1 of the Criminal Code, the deliberate alteration, removal, obscuration or displacement of a border marking can be punished with a prison sentence of up to 5 years or a fine.
In addition to the public law provisions, the private law provisions of § 919 BGB also apply with priority . The BGB understands demarcation as the establishment of fixed boundary signs or restoration. There is a private law claim against the owners of the neighboring property for cooperation. The costs of the marking are to be borne equally by the parties, unless a different legal relationship arises between them. The type of marking and the procedure are determined in Germany according to the state laws; if these do not contain any regulations, the local custom will decide.
History
The already historically explosive task of defining municipal boundaries was administered for centuries in regular border inspections and the marking was carried out by sworn stone setters. Depending on the region, there were a number of other names, such as Feldgeschworen , Siebener , Landscheider or Untergänger . Before the existence of an accurate land survey , the boundary stones were additionally provided with a seven-digit secret to prevent any manipulation .
See also
Web links
- Norbert Fuhrmann: Border investigation in the real estate cadastre . (PDF; 11.2 MB) 2nd edition. 2018
Individual evidence
- ↑ Field jury: Sevens are cultural heritage . infranken.de , August 4, 2016; accessed on September 18, 2018
