In some German federal states, borders are determined once and then form the relevant cadastral evidence. In other federal states, every transfer of a border documented in the cadastre into the locality for checking the existing marking or for renewed marking is referred to as a border determination. The procedures and legal effects of the border determination differ in the individual countries. As a rule, border determinations are carried out on request by the responsible land registry office or appropriately qualified surveying offices ( publicly appointed surveyors ) and are surveying services that are subject to a fee.
In the Austrian border determination procedure according to Sections 850 to 853 of the General Civil Code , unrecognizable or controversial borders that are not included in the border cadastre are marked again or corrected.
Boundary determination as the basis of the relevant cadastral evidence
In the states of Berlin, Brandenburg, Hamburg, Mecklenburg-Western Pomerania, North Rhine-Westphalia, Rhineland-Palatinate, Saxony and Thuringia, borders are determined once and then form the relevant cadastral evidence. The property owners involved also contribute to the determination.
In the North Rhine-Westphalian cadastre, a distinction is made between established and undetermined boundaries. Boundaries newly formed by pitch measurements are determined. Older boundaries that meet the requirements of today's boundary determination procedure are deemed to have been established. This applies to the borders that have been measured since the end of the 19th century. Even older limits are usually not determined if they have not been determined in the meantime as part of a survey. In the border assessment procedure, the location of the border is determined and the result of the border determination is recognized by the property owners involved. The border is measured in a controlled manner and the measurement results are included in the cadastral record. If the limits are determined, the cadastral evidence has full evidential value and is decisive for future measurements. If limits are not established, the cadastral evidence is also to be assumed. However, due to the lack of recognition by those involved and the lack of control of the measurements, its evidential value is limited. The marking of established borders with permanent border signs (marking) is an administrative act . This is made known to the parties involved, but they do not participate as in the border determination.
Boundary determination as the transfer of the cadastral evidence to the locality
In the states of Baden-Wuerttemberg, Bavaria, Bremen, Hesse, Lower Saxony, Saarland and Saxony-Anhalt, the border course documented in the real estate cadastre is transferred to the locality during border determination (also border creation ) and combined with the border facilities found ( boundary stones , fences, house corners, etc. ) compared. This means that the ideally available survey figures (historical continuation plans, old cadastral files, etc.) contain sufficient geometric determination elements such as routes, angles, parallelisms, etc. to be able to mathematically reconstruct the boundary line. When comparing with the locally existing boundary marks there may be a discrepancy if, for. B. Boundary marks were removed by external influence. This determination of the facts, which is the basis of the limit determination, is called limit determination.
The concept of creating borders is not clear, as parcel boundaries cannot “disappear” or “get lost”. They are the primary element of the real estate cadastre as an official register of the properties within the meaning of Section 2 (2) of the Land Register Regulations . Since the parcel boundary is not locally recognizable as such, boundary marks (boundary stones, iron pipes, metal bolts, nails, etc.) are marked off at the break points of the parcel boundaries. These border marks are marked as part of the border determination, if necessary or on request, in order to make the local border clear to the owners.
- § 20 Law on Surveying in Berlin
- § 13 Brandenburg Land Surveying Act
- § 3 of the Hamburg Surveying Act
- § 29 Geoinformation and Surveying Act MV
- § 19 Surveying and Cadastre Act NRW
- Section 15 of the State Law on Official Surveying
- § 16 of the Saxon Surveying and Cadastre Act
- § 10 Thuringian Surveying and Geoinformation Act
- § 5 Land Surveying Act for Baden-Württemberg
- State Office for Digitization, Broadband and Surveying: Boundary Determination ( Memento of the original from January 19, 2016 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice.
- GeoInformation Bremen: Property survey
- § 13 Hessian law on public surveying and geographic information
- Regional directorates of the LGLN: border determination
- § 19 Saarland Surveying and Cadastre Act
- § 16 Surveying and Geoinformation Act Saxony-Anhalt