Separation

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A specialty is the division of parcels based on the data from the real estate cadastre without time-consuming and labor-intensive real estate measurements . Separations are intended to make the division of parcels more cost-effective than division surveys and to accelerate the process. The method of separation differs in the individual federal states and is regulated in the property laws there. The legal basis for the rest is the Soil Separation Act .

Rhineland-Palatinate

Simple separation

The simple separation leads to undetermined (nF) parcel boundaries. The legal basis for this is § 15 LGVerm and § 18 LGVermDVO. Requirements for this are:

  • the proper management of the real estate cadastre,
  • it must be possible to calculate the areas with sufficient accuracy,
  • Approval of department head 1 of the responsible VermKA,
  • only areas of little value (e.g. parcels in wooded areas, marshland, on steep slopes),
  • it is a single parcel,
  • the parcel is outside,
  • not in connection with buildings.

According to the owners, the new border must be shown in an extract from the property map without defining the border. A boundary record is to be kept about the separation . However, this is not as extensive as that of the qualified separation.

Qualified separation

In the case of qualified specializations, the newly created parcel boundaries are determined. Qualified separation is an equivalent procedure to property measurements. Requirements for this are:

  • Coordinate cadastre or connection of the perimeter to the spatial reference for surveying purposes (if necessary by means of a property survey carried out in advance),
  • coordinated boundary and building point field,
  • if the boundary points of the perimeter are coordinated or can be coordinated,
  • Deviations between the calculated and measured distances are less than 0.07 m (average <0.04 m),
  • the new parcel boundaries are integrated directly into the previous parcel boundaries.

The existing parcel boundaries must be established. A new separation of a parcel that was created by a separation without a subsequent marking is not permitted. The proof of figures must guarantee that the constraint conditions do not exceed the deviation between the target and actual distances of 0.07 m (e.g. 3 m parallel to the building, the building is clearly old or newly plastered).

If more than two building sites are created in a qualified separation , subsequent restoration and marking of the boundaries is required by law. In the case of 1–2 building sites, the later marking of the boundaries can be omitted upon request.

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