Border confusion
A boundary confusion exists when the correct course of a boundary between two land can not be determined.
A distinction must be made between the case that the boundary line is only in dispute between the owners of the land. In the event of a controversial borderline, the correct borderline is to be determined by evaluating the cadastral documents , using an expert surveyor or other suitable evidence. On the other hand, the determination of border confusion only comes into consideration if this clarification of the borderline has remained unsuccessful.
Border confusion is an unacceptable condition because of the legal uncertainty associated with it. The owner of an affected property is therefore entitled to a border decision. This is a non-statute-barred real legal claim that can be derived directly from ownership .
The right to a limit decision is to be asserted by taking legal action against the owner of the neighboring property. The action is directed at judicial demarcation of land design suit . The criteria for this delimitation are regulated in German law in § 920 BGB , according to which the acquis is primarily decisive and, if this cannot be determined, an equal piece of the property is to be allocated to the neighboring properties (§ 920 para. 1 BGB) . However, cases are possible in which these criteria lead to an unfair result, for example because the size of both properties is known despite the existing uncertainty about the specific course of the border and a determination according to Section 920 (1) BGB changes this known size and thus increases would lead to a materially incorrect result in any case. For such cases, § 920 para. 2 BGB provides that the boundary should be drawn so as considering the circumstances known to the equity equivalent.
