Landowner’s Guide

Kolm meest tegelevad katastripiiri mõõtmisega — How to resolve the boundary issues correctly

Additional reading

What is the land cadastre and a cadastral unit?

The land cadastre is a general national register the objective of which is to register information reflecting the spatial extent of immovable's boundaries, the value of land, the natural status of land and the use of land, and to ensure the quality, maintenance and availability of such information to the public. The land cadastre records all cadastral units in the Republic of Estonia together with their cadastral register number, area, intended use, notations by the cadastral registrar and other technical data.

Mis on katastriüksus?

Cadastral unit - a plot of land registered in the cadastre as an independent unit
Cadastral register number - a numeric code assigned to every cadastral unit
Boundary point - a point on the external border of a land unit either marked on the ground or not
Boundary marker - a marker of a boundary point on the ground

The cadastral registrar is the Land Board.

What is the land register and a registered immovable?

The land register - a national database that records all registered immovables in the Republic of Estonia together with their registered immovable number, owner's data, real rights and notations. Thus, the entry in the land register includes in addition to the owner's data also information on the established restrictions and restricted real rights (mortgages, servitudes, rights of use, real encumbrances, right of superficies, right of pre-emption) as well as notations (e.g. notation concerning prohibition, preliminary notation).

A registered immovable may be an immovable (plot of land), a right of superficies, an apartment ownership or a right of superficies in apartments. Registered immovable number - a number assigned to every immovable entered in the land register.

The land register is maintained by the Land Registry Department of the Tartu County Court and the public service is provided by Centre of Registers and Information Systems.

The opening page of the land register is available at the following link:
https://kinnistusraamat.rik.ee/Avaleht.aspx?lang=Eng

The immovables portal is a web portal through which registration applications can be filed.
https://kinnistuportaal.rik.ee/Login.aspx?ReturnUrl=%2f

Formation of cadastral unit

The formation of a cadastral unit is a process of determining the boundary, area and land cover and use types of the cadastral unit to be formed, and making entries in the cadastral register and land register.

A cadastral unit is first formed in the course of land reform, and different sketches and plans are used for the boundary determination. During the land reform cadastral units may be formed by a cadastral survey or a desk survey (on the basis of maps).

After the completion of land reform, simple land consolidation for a more practical use and management of the immovable may be carried out at the request of the owner. As a rule, in the course of land consolidation new cadastral units are formed by a cadastral survey. Simple land consolidation procedures include

Formation of cadastral unit by a cadastral survey

Cadastral surveying is the determination, identification, demarcation, surveying and indication of the cadastral unit boundaries on the terrain. It is performed by a licenced land surveyor, and it is one step in the process of cadastral unit formation. It is necessary to perform cadastral surveying also in order to check the quality of surveys, obtain more accurate boundary data, and restore a boundary marker.
To carry out cadastral surveying, first, the local city or rural municipality government shall be contacted for the determination of the land unit's boundaries on the plan of location (during land reform), or for the coordination of the boundaries of cadastral units to be formed as the result of land consolidation. In the process of coordination, information is provided on the existing or required plans, and on the required approvals and consents.
Only a licenced land surveyor has the right to place or restore a boundary marker, and to perform cadastral surveys.
Only a licenced land surveyor has the right to place or restore a boundary marker, and to perform cadastral surveys.
The owner, or a person provided in law, shall contact a licenced surveyor, who pursuant to the landowner's authorization applies for the cadastral survey conditions in the e-cadastre. Please choose a surveyor from the list of licenced surveyors.
The cadastral registrar shall determine the method for cadastral unit formation and, if necessary, the cadastral survey conditions, including the extent of surveying, and the requirements and format for submission of survey results.
After the issue of cadastral survey conditions by the cadastral registrar, the surveyor will determine the boundary of the cadastral unit on the ground, demarcate it with appropriate boundary markers and survey the boundaries on the ground.
The form, material and placement of a boundary marker shall ensure a secured attachment to the ground as well as a long-term preservation in outdoor conditions. Boundary markers may be placed below the ground level. A boundary marker can be omitted on the occasion it hinders the agricultural use of land, or on other occasions with the cadastral registrar's consent. On the landscape, the boundary marker may be surrounded by a pile of soil with a diameter up to 2 m. The surveyor shall take a georeferenced photo of each boundary marker that was placed or verified in the cadastral survey.
All boundary markers that will not mark the boundary after the completion of land consolidation shall be removed by the surveyor at the end of surveying.
For the demarcation or surveying of cadastral unit boundaries in a woody area, it is allowed to cut up to 2-m-wide boundary lines under the supervision of the land surveyor. Cutting of boundary lines shall be arranged by the owners of the concerned immovables.
If the cadastral survey reveals contradictions in boundary data, or it has become evident that the positions of boundary markers on the ground are not in compliance with the boundary data as registered in the cadastre, or one boundary point has several boundary markers, the boundary of the immovable shall be identified pursuant to 15 of the Land Consolidation Act
The land surveyor is obliged to invite to the indication of boundaries all owners whose immovable has a common boundary point with the surveyed area. The surveyor will obtain the addresses and e-mail addresses of the owners from the cadastral registrar.
The owners of the concerned cadastral units shall make their remarks, claims or statements regarding the boundaries at the latest at the indication of boundaries on the ground.
The land surveyor shall prepare a boundary report about the location and indication of the boundaries. The persons invited to the indication of boundaries shall sign the boundary report, thereby confirming that they agree to the location of the boundaries and the obligation to preserve the boundary markers.
If the owner of an immovable, who has been invited to the indication of the boundaries, fails to make an appearance, the positions of the boundary markers and the preservation obligation thereof shall be deemed to be made known to the owner of the immovable and the owner shall be deemed to have agreed to the location of the boundaries with the sending of the invitation.
If the owner of an immovable appears at the indication of the boundaries, but does not sign the boundary report, the positions of the boundary markers and the preservation obligation thereof shall be deemed to be made known to the owner of the immovable.
The land surveyor shall submit survey data and documents through e-cadastre. The submitted data and documents form a digital cadastral survey file. The surveyor shall be responsible for the correctness of the survey data and the legality of the cadastral survey.
The cadastral registrar shall check whether all data and documents required for making the entry have been submitted and comply with the requirements provided for in legislation, the performed cadastral survey meets the requirements and the submitted data comply with the boundary indicated in the request for issue of cadastral survey conditions, and with the data of land cadastre or control survey.
The cadastral registrar shall determine the boundary and area of a cadastral unit based on the cadastral survey data that meet all requirements. The cadastral registrar shall determine the land cover and land use types of the cadastral unit based on the map of land cover and land use types.
The cadastral registrar shall register the intended use and address of the cadastral unit in the cadastral register.
The notice of making, or refusing to make, the entry in the cadastre shall be sent to the e-mail address provided in the registration application. By mail the notice will be sent only in case electronic notification is not possible.

Formation of cadastral unit by a desk survey (on the basis of map information)

In the course of land reform it is allowed to form cadastral units on the basis of map information.
The person determining the land unit boundaries shall request from the cadastral registrar a permission and conditions for the determination of boundaries on the basis of a map. The cadastral registrar may decline the request and refuse to issue the conditions when the data of concerned cadastral units are of poor quality.
If necessary, the person determining the land unit boundaries shall draw the land unit's plan and write the boundary description.
The person determining the land unit boundaries shall show to the applicant of land the boundaries of the land unit on the plan. The applicant shall approve in writing the boundaries determined on the plan. If required, the boundaries shall be indicated also to the owners of adjoining immovables.
As a rule, no boundary report is made. A boundary report shall be made only in case a person who is present at the indication of boundaries asks for it, or when the boundary report is mandatory (the boundary of a parcel used by the person is changed, or when land is privatized for servicing a construction work). The boundary report shall describe the boundary, boundary markers and boundary points and their locations in relation to permanent features.
If the person, who has been invited to the indication of the boundaries or making of the boundary report, fails to make an appearance, or does not agree to the boundaries as shown on the map, or refuses to sign the boundary report, the boundaries shall be deemed to be indicated as drawn on the land unit's plan. In this case the person who drew the plan shall inform the cadastral registrar of the reasons for the lack of signature.
The person determining the land unit boundaries shall submit data and documents for the formation of cadastral unit through e-cadastre.
The cadastral registrar shall check whether all data and documents required for making the entry have been submitted and comply with the requirements provided for in legislation, and whether the submitted data comply with the data of earlier registered cadastral units.
The cadastral registrar shall determine the boundary and area of the cadastral unit based on the data of the cadastral unit formation submitted on the map. The cadastral registrar shall determine the land cover and land use types of the cadastral unit based on the map of land cover and land use types.
The cadastral registrar shall register the intended use and address of the cadastral unit in the cadastral register.
The notice of making, or refusing to make, the entry in the cadastre shall be sent to the e-mail address provided in the registration application. By mail the notice will be sent only in case electronic notification is not possible.
The notation "Area inaccurate" shall be entered into the cadastre upon registration.

Please note!

The formation of cadastral unit on the basis of map information is, as a rule, the most inaccurate manner of cadastral unit formation.
The location of the cadastral unit boundary on the cadastral map may be inaccurate.
The area of the formed cadastral unit is approximate.
The exact location of boundaries on the cadastral map and the area will be specified only after a licenced land surveyor has performed a cadastral survey for boundary demarcation or restoration of boundary markers.

Survey methods used in cadastral surveys

Aerial photographic survey

Aerial photographic survey was used in rural areas from the beginning of land reform until the enactment of the Government of the Republic regulation "Procedure for cadastral surveying" on 05.01.1999.
Distances of boundary lines were usually measured with tape, coordinates and interior angles of boundary points were, as a rule, not measured.
To draw the boundary points on the aerial photo plan, the boundary points were tied to the natural or manmade objects on the aerial photo recognisable also on the terrain. If the boundary was first determined on the aerial photo plan, the boundary points were demarcated on the ground also based on the ties measured from the aerial photo.
Areas were determined from the base map either with a planimeter or palette and they are approximate.
The location of the cadastral unit boundary on the cadastral map may be inaccurate.
The notation "Area inaccurate" is recorded in the cadastre.

Survey in random coordinate system

This survey method was used from the beginning of land reform until the enactment of the Government of the Republic regulation "Procedure for the performance and control of cadastral surveying" on 23.10.2003.
A geodetic survey network in freely chosen system that was oriented in respect to azimuth was established.
Interior angles and distances of cadastral unit were measured on the basis of which the coordinates of boundary points were determined.
The cadastral unit has been formed considering the base maps related features (e.g. roads and crossings, ditches, forest lines, structures, etc.).
The shape and exact area of the cadastral unit is provided.
As the boundary points of cadastral unit are not tied to the national geodetic network, the location of the cadastral unit on the cadastral map may be inaccurate.

Survey in local coordinate system

This survey method was used from the beginning of land reform until the enactment of the Government of the Republic regulation "Procedure for the performance and control of cadastral surveying" on 23.10.2003.
The coordinates of cadastral unit's boundary points were measured in the local coordinate system.
To draw the boundary of cadastral unit onto the cadastral map, the coordinates of local system have been transformed into the national coordinate system (L-EST).
The re-measurement of local geodetic networks in L-EST system has shown that in different regions there were up to 1m errors in the reference networks from the Soviet period.
Due to the inaccuracy of local networks and/or errors resulting from the transformation of coordinates, the location of the cadastral unit on the cadastral map may be inaccurate.

Survey in national coordinate system

In Estonia the planar coordinate (x, y) system is L-EST97.
L-EST97 is currently the only permitted system for cadastral surveys.
Boundary points are tied to the national geodetic network. The accuracy of coordinates of a boundary point in relation to the national geodetic network point shall be +/- 10 cm in high density areas and +/- 35 cm in low density areas.
Provided there are no survey errors, it is the most accurate determination of the location of cadastral units on the cadastral map.

Post-land reform activities

Change of the intended use of cadastral unit

To change the intended use of a cadastral unit, the landowner shall submit a respective application to the local city or rural municipality government.
The city or rural municipality government shall identify restrictions arising from law and other conditions.
While determining the intended use for cadastral units without construction works (buidings), the city or rural municipality government shall proceed from the actual use of land or valid plans.
The intended purpose of cadastral units servicing construction works shall be determined in full extent proceeding from the purpose of the construction works based on the actual usage, building permit, construction notification, written agreement of the city or rural municipality or occupancy permit.
The city or rural municipality government shall determine or change the intended use of a cadastral unit by issuing a respective order.
The city or rural municipality government shall submit the order pertinent to the determination of the intended use together with a corresponding application to the cadastral registrar (Land Board), who upon approval of the application will make an entry in the land cadastre.
The cadastral registrar shall inform the applicant and the land registrar of the change of the intended use of the cadastral unit.

Change of the address of cadastral unit

To change the address of cadastral unit, or resolve any other address related issues, the local city or rural municipality government shall be contacted.
The city or rural municipality government shall assign to the cadastral unit an address and enter the address data into the address data system (ADS).
After the approval of the address in the ADS procedural application, the address will be registered in the land cadastre and thereafter in the land register.

Simple land consolidation activities

Simple land consolidation includes subdivision, merger, and exchange of immovables (cadastral units), and change or identification of their boundaries.

While determining cadastral unit boundaries in the process of land consolidation, the following shall be considered:

Land consolidation requirements, which include first and foremost creation of possibilities for a practical use of the immovable for its intended purpose, provision of practical access to the immovable, establishment of simple and clear boundaries and consideration of natural boundaries, avoidance of strip-like and wedge-shape forms in the immovable
Valid spatial plans
Public interests
The landowner's rights

Land consolidation is financed by the owner of the immovable, unless otherwise stipulated by law or contract.

In the course of a land consolidation activity performed pursuant to the Land Consolidation Act, there is no disposal of the immovable as defined in the Law of Property Act, i.e. no notarised contracts are concluded. Concealed transactions are prohibited in land consolidation. If a concealed transaction is suspected, the cadastral registrar has the right to request a conclusion of the notarised contract.

NB! The cadastral registrar may allow a partial survey of the cadastral unit pursuant to the purpose of the cadastral survey, the quality of the basic data pertaining to the formation of the concerned cadastral units, and other relevant circumstances.

The cadastral registrar has the right to form cadastral units without a cadastral survey based on the application of the owner of an immovable in the course of land consolidation activities, if such a formation does not call for the determination of a new boundary point on the ground, and if the quality of the basic data pertaining to the concerned cadastral units and other relevant circumstances enable this.

Land consolidation activities are deemed to be completed with an entry in the land register.

Merger of cadastral units

Merger of cadastral units is the formation of one cadastral unit of several adjoining cadastral units.

In order to merge cadastral units, i.e. to form a new cadastral unit:

The landowner shall contact the local city or rural municipality government to find out the requirements for a merger of cadastral units, i.e. whether a spatial plan is needed or there are any other restrictions (size limit of the plot, etc.).
When the cadastral units to be merged are entered in the land register in different register parts, and if there is a mortgage, it is necessary to gain consent for land consolidation from the mortgage holder as well as from other concerned persons indicated by the land register.
If necessary, the landowner shall request approvals or consents from a relevant agency (Ministry of the Environment, Environmental Board, Agricultural Board, National Heritage Board, etc.).
The city or rural municipality government shall approve the land consolidation plan (plan of merger) and assign address and intended purpose for the newly formed cadastral unit.
The landowner shall contact a licenced land surveyor, who, being authorized by the landowner will request from the cadastral registrar cadastral survey conditions.
The land surveyor shall be provided with the landowner's contact details (phone, e-mail, postal address). The up-to-date contact details are required for the surveyor and cadastral registrar to be able to contact the landowner if additional questions arise, and for the cadastral registrar to forward information about the proceeding.
The land surveyor shall perform the cadastral survey and compile the cadastral survey file.
All boundary markers that will not mark the boundary after the completion of land consolidation shall be removed by the surveyor at the end of surveying.
The land surveyor shall submit the file of the formed cadastral unit to the cadastral registrar (Land Board) together with other documents that are needed for making the entry.
The cadastral registrar shall determine the boundary, area, land cover and use types of the cadastral unit, and forward the respective data to the landowner, who, upon agreeing with the data, shall submit an application for the registration of the cadastral unit in the land cadastre, and provide his consent for making the entry in the land register.
When the cadastral units to be merged have been registered in different register parts of the land register, the application shall include the number of the register part to which the entry shall be made, and which register part shall be closed.
The cadastral registrar shall make a decision on the registration of the cadastral unit or the refusal to register.
The notice of making, or refusing to make, the entry in the cadastre shall be sent to the e-mail address provided in the registration application. By mail the notice will be sent only in case electronic notification is not possible.
After the registration in the land cadastre, the cadastral registrar shall submit an application to the land registrar.

Please note!

When the cadastral units to be merged are registered in different register parts of the land register, they can be merged only in case they belong to the same owner.

Subdivision of cadastral unit

Subdivision of a cadastral unit means that one cadastral unit is divided into several independent cadastral units.

In order to subdivide a cadastral unit:

The landowner shall contact the local city or rural municipality government to find out the requirements for a subdivision of cadastral unit, i.e. whether a detailed plan needs to be prepared, or there are any other restrictions (size limit of the plot, etc.).
If necessary, the landowner shall request approvals or consents from a relevant agency (Ministry of the Environment, Environmental Board, Agricultural Board, National Heritage Board, etc.).
The city or rural municipality government shall approve the land consolidation plan (plan of subdivision) and assign addresses and intended purposes for the cadastral units to be formed.
The landowner shall contact a licenced land surveyor, who, being authorized by the landowner, will request from the cadastral registrar cadastral survey conditions.
The land surveyor shall be provided with the landowner's contact details (phone, e-mail, postal address). The up-to-date contact details are required for the surveyor and cadastral registrar to be able to contact the landowner if additional questions arise, and for the cadastral registrar to forward information about the proceeding.
The land surveyor shall perform the cadastral survey and compile the cadastral survey files.
All boundary markers that will not mark the boundary after the completion of land consolidation shall be removed by the surveyor at the end of surveying.
The land surveyor shall submit the files to the cadastral registrar (Land Board) together with other documents that are needed for making the entry.
The cadastral registrar shall determine the boundaries, areas, land cover and land use types of the cadastral unit, and forward the respective data to the landowner, who, upon agreeing with the data, shall submit an application for the registration of the cadastral units in the land cadastre, and provide his consent for making the entry in the land register.
The cadastral registrar shall make a decision on the registration of the cadastral units, or the refusal to register.
The notice of making, or refusing to make, the entry in the cadastre shall be sent to the e-mail address provided in the registration application. By mail the notice will be sent only in case electronic notification is not possible.
After the registration in the land cadastre, the cadastral registrar shall submit data to the land registrar.
After making the entries in the land register, the new cadastral units formed as the result of subdivision are considered to be officially registered.

Please note!

If preparation of a detailed plan is not mandatory for the subdivision of cadastral unit, the subdivision shall be conducted pursuant to the Land Consolidation Act.
If the cadastral unit to be subdivided is located in the area, where a detailed plan is mandatory, the Planning Act might be applied to subdivision.
When the subdivision of cadastral unit is related to the division of the building(s) on the cadastral unit into physical shares, it shall be taken into account that the division of the building into physical shares is possible only, when each part of the building can be used separately.
If the landowner wants to open for a new cadastral unit a separate register part in the land register, it is necessary to submit a registration application through the Immovables Portal. The application can be done also at the notary.

Exchange of parts of immovables

Exchange of parts of immovables is a land consolidation activity in which the adjoining immovables both give away and receive a part of its area. The aim of the exchange of parts of immovbales is first and foremost a more practical land use considering natural boundaries and the actual extent of the property.

No independent immovables are formed from the parts to be exchanged.

The parts of the immovables to be exchanged shall have a similar value, the owners shall agree between themselves on the compensation for the difference in value.

The exchange of the parts of a state-owned immovable shall be based on the value.

In order to exchange the parts of immovables:

First, the landowners shall contact the local city or rural municipality government to find out the requirements for the exchange, i.e. whether a detailed plan needs to be prepared, or there are any other restrictions (size limit of the plot, etc.).
The land consolidation plan shall be signed digitally by the land surveyor and the landowners.
The land consolidation plan shall be approved by the local city or rural municipality government.
If necessary, the landowners shall request approval or consent from a relevant agency (Ministry of the Environment, Environmental Board, Agricultural Board, National Heritage Board, etc.).
When the immovables participating in land consolidation are entered in the land register in different register parts, and if there is a mortgage, it is necessary to gain consent for land consolidation from the mortgage holder as well as from other concerned persons indicated by the land register.
The city or rural municipality government shall assign addresses and intended purposes for the cadastral units to be formed.
The land surveyor, being authorized by the landowners, shall request from the cadastral registrar cadastral survey conditions.
The land surveyor shall be provided with the landowner's contact details (phone, e-mail, postal address). The up-to-date contact details are required for the surveyor and the cadastral registrar to be able to contact the landowner if additional questions arise, and for the cadastral registrar to forward information about the proceeding.
The land surveyor shall perform the cadastral survey and compile the cadastral survey files.
All boundary markers that will not mark the boundary after the completion of land consolidation shall be removed by the surveyor at the end of surveying.
The land surveyor shall submit the files of the cadastral units formed as the result of exchange to the cadastral registrar (Land Board) together with other documents that are needed for making the entry.
The cadastral registrar shall determine the boundaries, areas, land cover and land use types of the cadastral unit, and forward the respective data to the landowners.
Upon agreeing with the data, the landowners shall submit applications for the registration of the cadastral units in the land cadastre and in the land register. In the application the landowners shall state that they have no financial claims towards each other.
The cadastral registrar shall make a decision on the registration of the cadastral units, or the refusal to register.
The notice of making, or refusing to make, the entry in the cadastre shall be sent to the e-mail address provided in the registration application. By mail the notice will be sent only in case electronic notification is not possible.
The cadastral registrar shall submit an application for registration of changes in the land register.

Change of the boundary of immovable

Change of the boundary of immovable is a land consolidation activity in which one of the adjoining immovables transfers a part of its area to the bordering immovable. The aim of the change of the boundary is first and foremost a more practical land use considering natural boundaries and the actual extent of the property.

In the process of changing the boundary of immovable, no independent immovable is formed from the part transferred to the bordering immovable.

The owners shall agree between themselves on the value of the part to be transferred.

In order to change the boundary of immovable:

First, the landowners shall contact the local city or rural municipality government to find out the requirements for the change of boundaries, i.e. whether a detailed plan needs to be prepared, or there are any other restrictions (size limit of the plot, etc.).
The land consolidation plan shall be signed digitally by the land surveyor and the landowners.
The land consolidation plan shall be approved by the local city or rural municipality government.
If necessary, the landowners shall request approval or consent from a relevant agency (Ministry of the Environment, Environmental Board, Agricultural Board, National Heritage Board, etc.).
When the immovables participating in land consolidation are entered in the land register in different register parts, and if there is a mortgage, it is necessary to gain consent for land consolidation from the mortgage holder as well as from other concerned persons indicated by the land register.
The city or rural municipality government shall assign addresses and intended purposes for the cadastral units to be formed.
The land surveyor, being authorized by the landowners, shall request from the cadastral registrar cadastral survey conditions.
The land surveyor shall be provided with the landowners' contact details (phone, e-mail, postal address). The up-to-date contact details are required for the surveyor and the cadastral registrar to be able to contact the landowner if additional questions arise, and for the cadastral registrar to forward information about the proceeding.
The land surveyor shall perform the cadastral survey and compile the cadastral survey files.
All boundary markers that will not mark the boundary after the completion of land consolidation shall be removed by the surveyor at the end of surveying.
The land surveyor shall submit the files of the cadastral units formed as the result of change of boundaries to the cadastral registrar (Land Board) together with other documents that are needed for making the entry.
The cadastral registrar shall determine the boundaries, areas, land cover and land use types of the cadastral unit, and forward the respective data to the landowners.
Upon agreeing with the data, the landowners shall submit applications for the registration of the cadastral units in the land cadastre and in the land register. In the application the landowners shall state that they have no financial claims towards each other.
The cadastral registrar shall make a decision on the registration of the cadastral units, or the refusal to register.
The notice of making, or refusing to make, the entry in the cadastre shall be sent to the e-mail address provided in the registration application. By mail the notice will be sent only in case electronic notification is not possible.
The cadastral registrar shall submit an application for registration of changes in the land register.

Identification of the boundary of immovable

Boundary identification is a land consolidation activity in which the landowners agree on the boundaries of immovables that have earlier been controversially determined and/or registered; it includes also a survey and registration of the new boundary.

The boundary between immovables is identified by the person carrying out land consolidation (surveyor) provided there is a need for identification, or at the request of the owner of the immovable.

It is necessary to identify the boundary of the immovable, where:

There are several boundary markers at one boundary point on the ground.
An overlap or gap of boundary data of bordering cadastral units has become evident.
A survey error has been identified in the boundary data.
The position of boundary point on the ground does not comply with the survey data.
The boundary data of bordering cadastral units are contradictory.
The boundary descriptions of bordering cadastral units are contradictory.
The boundary data of cadastral unit have been described controversially in documents.
The owner's knowledge of the location of boundaries differs from the location of boundaries as registered in the cadastre.
The landscape feature that served as a boundary object does not exist anymore or its location has changed.

While identifying the boundary, the land surveyor shall:

involve the owners of all immovables the boundaries of which must be identified;
analyse all earlier survey data, consider the arisen circumstances and viewpoints of owners;
send an invitation to participate to the persons concerned at least 10 days before the identification of the boundaries on the ground;
explain to the participants the reason for boundary identification;
identify the location of the boundary on the basis of the data contained in the land register, land cadastre, archives or another relevant register as well as on the basis of boundary markers. If it is not possible to identify the boundary based on the above data, the extent of possession shall be taken as the basis. If that is not possible, an equal share of the land in dispute shall be added to each immovable, or the boundary shall be determined considering other circumstances;
if necessary, involve a representative of the local government, and witnesses;
demarcate the identified boundary with appropriate boundary markers and perform a cadastral survey;
record the reason, explanation and result of the boundary identification in the boundary report to which a boundary identification sketch shall be annexed.

An application for registration of changes in the land register shall be submitted by the cadastral registrar.

Please note!

The failure of the landowner to attend the identification of the boundary does not impede the identification of the boundary. The boundary will be identified even without the attendance of the landowner.
When the owners of the concerned cadastral units have a different knowledge of the common boundary or they fail to reach an agreement, the opinion of the land surveyor shall prevail. In this case the location of the boundary of the cadastral unit shall be decided by the cadastral registrar based on the boundary identification and cadastral survey documents submitted by the person carrying out land consolidation.
Expenses for the identification of the boundary shall be borne by the neighbours equally unless otherwise provided by law, a court decision, or transaction.

Partial surveying or parcel formation without surveying

Subdivision and merger of cadastral unit, exchange of parts of cadastral unit, and change of boundaries without a cadastral survey.

The above land consolidation activities can be carried out without a survey, where there is no need to determine a new boundary point and the source data of the concerned cadastral units are of high quality. For example, subdividing a cadastral unit surveyed earlier in L-EST97 coordinate system, where the subdivision takes place within the existing boundary points, or merging two cadastral units surveyed earlier in L-EST97 coordinate system, etc. However, it is essential that the data of concerned adjacent cadastral units match with the data of units that are involved in the consolidation procedure.
Information on whether the cadastral unit can be formed without cadastral surveying can be obtained from the cadastral registrar.
The local government provides information on the existing or required spatial plans and other restricting circumstances (e.g. the size limit of the plot, etc.)
If necessary, the landowner shall request approvals or consents from a relevant agency (Ministry of the Environment, Environmental Board, Agricultural Board, National Heritage Board, etc.) and/or the concerned persons as indicated by the land register.
The local government shall approve the site plan (land consolidation plan) and assign addresses and intended purposes for the cadastral units to be formed.
The landowner shall submit to the cadastral registrar a request for the formation of cadastral unit(s) without cadastral surveying together with all necessary documents.
The cadastral registrar forms the cadastral unit(s) based on the existing cadastral data, determines the area(s) based on the boundary points’ data, and the land cover and use types based on the map of land cover and use types.
After the determination of the boundary, area and land cover and use types of the cadastral unit, the cadastral registrar shall forward the data to the landowner for examination. Upon agreeing with the data, the landowner shall submit an application for the registration of the cadastral unit in the land cadastre together with a consent for making an entry in the land register.
The decision of making, or refusing to make, the entry shall be sent to the landowner to the e-mail address provided in the registration application.

Formation of cadastral unit with partial surveying

Depending on the quality of boundary data, the cadastral registrar may allow a partial survey of the cadastral unit. More detailed information is available from the cadastral registrar.
With the cadastral registrar’s permission partial surveying can be used for the subdivision and merger of cadastral units, changing of boundaries, exchange of parts, identification of boundary, restoration of the boundary marker and resurveying of the cadastral unit’s boundaries. For example, when changing the boundary between two cadastral units that have been surveyed earlier in L-EST97 coordinate system, only the newly placed boundary markers are surveyed. Thereat it is important that the data of concerned adjacent cadastral units match with the data of units that are involved in the procedure.
The local government provides information on the existing or required spatial plans and other restricting circumstances (e.g. the size limit of the plot, etc.).
If necessary, the landowner shall request approvals or consents from a relevant agency (Ministry of the Environment, Environmental Board, Agricultural Board, National Heritage Board, etc.) and/or the concerned persons as indicated by the land register.
If necessary, the local government shall approve the site plan (land consolidation plan) and assign addresses and intended purposes for the cadastral units to be formed.
The landowner shall contact a , who, being authorized by the landowner, will request from the cadastral registrar cadastral survey conditions.
The cadastral registrar shall issue cadastral survey conditions in which is indicated the required minimum scope of survey work to be done. It is always possible to survey more, when the property owner thus requests or the surveyor considers it necessary.
The land surveyor shall survey the necessary boundary points and submit data to the cadastral registrar.
The cadastral registrar shall determine the boundaries, areas and land cover and use types of the cadastral units and forward the data to the landowner for examination, who upon agreeing with the data, shall submit an application for the registration of the cadastral units in the land cadastre together with a consent for making an entry in the land register.
The decision of making, or refusing to make, the entry shall be sent to the landowner to the e-mail address provided in the registration application.

Restoration of the boundary marker

The owner of the immovable shall ensure the preservation of boundary markers, he is not allowed to change or relocate the boundary markers.

In order to restore boundary markers:

A licenced land surveyor shall be contacted.
The land surveyor, being authorized by the landowners, shall request from the cadastral registrar cadastral survey conditions.
The land surveyor shall perform a cadastral survey.
Depending on the method of cadastral unit formation, the boundary report, the plan of cadastral unit, earlier survey data, distances, interior angles, the location of boundary point shown in the source data in relation to the field situation, landscape features shall serve as basis for the restoration of boundary markers.
In case of contradictory data, the identification of boundaries shall be carried out pursuant to §15 of the Land Consolidation Act.
The land surveyor shall involve the owners of all concerned cadastral units in the process of restoration.
The land surveyor shall submit the survey results to the cadastral registrar for registration.
Restoration of the boundary marker can be ordered from the land surveyor by the landowner, whose immovable’s boundary marker is to be restored.
Expenses for the restoration of boundary markers shall be borne by the adjoining cadastral units in equal parts, unless otherwise agreed.
The landowner has right to claim compensation for the restoration of boundary markers from the person who caused the damage (tortfeaser). A tortfeaser is the owner of immovable, due to the actions of whom (destroying or relocating the boundary marker) the boundary marker has to be restored. When the immovable is a private property, the claim is based on the provisions of the Law on Obligations Act (§1043, §1045 subsection 1 (5 and 7), §1054). When the immovable is in municipal or state ownership, the claim is based on the provisions of the State Liability Act (§12).
When no agreement on compensating the costs is reached with the person causing the damage, the victim is entitled to apply to the county court (disputes in private law) or the administrative court (appeals against local government or state).

Please note!

In order to reach an agreement on the restoration of the boundary marker and compensation for costs, contact first the owner of the adjoining immovable. When no agreement is reached, only then consider lodging claims or applying to the court. There is no need to contact police before lodging claims or going to court.

Demarcation of boundaries of cadastral unit that has been formed by a desk survey

On landscape, the demarcation of boundaries of the cadastral unit that has been formed by a desk survey as well as the restoration of monumented boundaries shall be carried out by cadastral surveying.
The demarcation of boundary points on the ground shall be based on the boundary report and/or extract of cadastral map, plan of cadastral unit, landscape features, the existing boundary markers, source data of the concerned cadastral units and the quality of this data.
In case of contradictory data, the identification of boundaries shall be carried out pursuant to §15 of the Land Consolidation Act.
Using the above-mentioned documents, the land surveyor shall mark the boundary on the ground and determine coordinates for the boundary markers.
The cadastral survey documents shall be submitted to the cadastral registrar.
The owner of the cadastral unit that has been formed by a desk survey will get to know the exact location of his boundary if the adjoining cadastral unit is surveyed, as the owner of the adjoining cadastral unit must be invited to the signing of the boundary report.

Re-survey of cadastral unit at the owner's request

The owner of immovable is entitled at any time to commission a new cadastral survey in order to obtain more accurate boundary data for his cadastral unit. As the result of the new survey the boundary of the immovable on the ground will not change, the coordinates of boundary points will be specified and as a result also the area of the cadastral unit as well as the areas of land use and land cover types become more accurate. Also the location of the cadastral unit on the cadastral map will become more accurate.

The owner, or a person provided in law, shall contact a licenced surveyor, who pursuant to the landowner's authorization applies for the cadastral survey conditions in the e-cadastre. A surveyor should be selected from the list of licenced surveyors.
The land surveyor shall acquaint himself with the source data of the cadastral unit to be surveyed and of the concerned units, identify the existing boundary markers on the ground, if necessary, place or restore the missing markers, and survey the boundaries of the cadastral unit in the field.
All boundary markers that will not mark the boundary after the completion of land consolidation shall be removed by the surveyor at the end of surveying.
If the cadastral survey reveals contradictions in boundary data, or it has become evident that the locations of boundary markers on the ground are not in compliance with the boundary data as registered in the cadastre, or one boundary point has several boundary markers, the boundary of the immovable shall be identified pursuant to §15 of the Land Consolidation Act.
The land surveyor is obliged to invite to the indication of boundaries all owners whose immovable has a common boundary point with the surveyed area. The owners of the concerned cadastral units shall make their remarks, claims or statements regarding the boundaries at the latest at the indication of boundaries in the field.
The land surveyor shall prepare a boundary report about the location and indication of the boundaries. The persons invited to the indication of boundaries shall sign the boundary report, thereby confirming that they agree to the location of the boundaries and the obligation to preserve the boundary markers.
If the owner of an immovable, who has been invited to the indication of the boundaries, fails to make an appearance, the locations of the boundary markers and the preservation obligation thereof shall be deemed to be made known to the owner of the immovable and the owner shall be deemed to have agreed to the location of the boundaries.
If the owner of an immovable appears at the indication of the boundaries, but does not sign the boundary report, the locations of the boundary markers and the preservation obligation thereof shall be deemed to be made known to the owner of the immovable.
The land surveyor shall submit survey data and documents through e-cadastre. The surveyor shall be responsible for the correctness of the survey data and the legality of the cadastral survey.
The cadastral registrar shall check whether all data and documents required for making the entry have been submitted and comply with the requirements provided for in legislation, the performed cadastral survey meets the requirement and the submitted data comply with the boundary indicated in the request for issue of cadastral survey conditions, and with the data of the land cadastre or control survey.
The cadastral registrar shall determine the boundary and area of a cadastral unit based on the cadastral survey data that meet all requirements. The cadastral registrar shall determine the land cover and land use types of the cadastral unit based on the map of land cover and land use types.
The cadastral registrar shall forward the data to the landowner.
Upon agreeing with the data, the landowner shall submit an application for the registration of the changes in cadastral unit's data in the land cadastre and in the land register.
The cadastral registrar shall register the data in the cadastral register.
The notice of making, or refusing to make, the entry in the cadastre it shall be sent to the e-mail address provided in the registration application. By mail the notice will be sent only in case electronic notification is not possible.
The cadastral registrar shall submit an application for registration of changes in the land register.

Notations of the cadastral registrar

On the 1st of July 2018, amendments of the Land Cadastre Act entered into force. § 9 (2) of the Land Cadastre Act was complemented with clause 17, with which the notation of the cadastral registrar was added to the data of the cadastral register.

The cadastral registrar shall make a notation about the cadastral unit in the cadastre "Necessary to determine the location of the boundary" if the data pertaining to the boundaries of the adjoining cadastral units are contradictory, or if it has been established that the positions of the boundary points on the ground are not in accordance with the data pertaining to the boundaries entered in the cadastre.

The cadastral registrar shall make a notation about the cadastral unit in the cadastre "Area inaccurate" if the cadastral unit has been formed on the basis of a desk survey or by using an aerial photographic survey method, or if the cadastral registrar identifies inaccurate or contradictory data pertaining to the boundaries.

Several notations may be made with regard to a cadastral unit. The notation of the cadastral registrar "Necessary to determine the location of the boundary" and the notation "Area inaccurate" shall be entered in the first division of the land register.

The purpose of the notation made by the cadastral registrar is to provide essential information about the status the cadastral unit's boundary data and the quality of cadastral data, and to inform of possible defective data in the land cadastre.

The notation does not entail any legal consequences and is of informative nature. The notation in the land register does not hinder the transfer of immovable. The aim of making this information public is to persuade the owner of the immovable to resolve the problems with contradictory boundary data so that there will be more registered immovables with accurate and properly demarcated boundaries.

The notation of the cadastral registrar "Necessary to determine the location of the boundary" will be deleted after the boundary of the cadastral unit has been identified pursuant to § 15 of the Land Consolidation Act and the survey data have been registered in the land cadastre.

The notation of the cadastral registrar "Area inaccurate" will be deleted after the cadastral unit that was formed by a desk survey or aerial photographic survey or has inaccurate or contradictory boundary data has been resurveyed in L-EST97 system and new boundary data have been registered in the land cadastre.

Boundaries of cadastral units on the topo-geodetic plan

In addition to other information necessary for planning activities, the boundaries of cadastral units from digital cadastral map are presented on the topo-geodetic plan. The boundaries of cadastral units on the topo-geodetic plan are accurate only if the cadastral unit is measured in the national coordinate system. For other type of surveys, the boundaries from the digital cadastral map may be inaccurate. If the cadastral unit is formed by aerial photographic survey method or by a desk survey (on the basis of map information) method, the location of the boundaries on the topo-geodetic plan is certainly inaccurate. In order to specify the boundaries, it is necessary to perform cadastral survey of the cadastral unit.

It should be kept in mind that the topo-geodetic plan is not an official document determining the location of a boundary and therefore cannot be used as a basis for determining the location of a border. If the landowner does not know where the boundaries of the cadastral unit are located in nature, he or she must contact a land surveyor holding a land management activity license.

Structures and cadastral unit boundaries

In order to find out whether the existing structure, be it a fence, road, pond or any other structure, extends beyond the boundary line of a cadastral unit, identify first the boundary on the ground:

Find the boundary markers of your cadastral unit in the landscape.
While searching for boundary markers, make use of the cadastral plan and boundary report.
Additional data and missing documents can be requested from the cadastral registrar.
Make sure that the boundary markers on the ground are in their original locations.
Make sure that you and your neighbour have a common understanding of the boundary’s location.
If you wish, or there is any suspicion that the boundary markers might have been moved on the ground, you and your neighbour have a dispute about the location of the boundary marker, the boundary marker has been destroyed or you cannot find it, call for a licensed land surveyor, who will request from the Land Board cadastral survey conditions and, if necessary, identify the boundary, restore the boundary markers, indicate the boundary markers and boundary line in the field, and survey the exact position of the structure in relation to the boundary.
In order to demarcate in the field the boundary of a cadastral unit that has been formed by a desk survey, or to specify the location of a demarcated boundary on the cadastral map, a cadastral survey shall be performed.
Only after the location of the cadastral unit boundary in the field has been identified, and if necessary, the boundary markers and structures surveyed, a decision can be made on the location of structures in relation to the cadastral unit boundary.

What to do when the structure, be it a fence, road, pond or any other structure, extends beyond the boundary line?

There are several ways to solve the problem:

If according to the cadastral plan the structure must be part of the cadastral unit, but reaches beyond the boundary due to an error in surveying or boundary identification, hire a land surveyor for boundary idenfication and land surveying.
If the structure has been built beyond the boundary after the formation of the cadastral unit, reach an agreement with your neighbour on the change of the cadastral unit boundaries, coordinate the boundary change in the local government and order cadastral surveying from a land surveyor.
Reach an agreement with your neighbour on entering a real right allowing building beyond the boundary line into the land register.
Reach an agreement with your neighbour on a periodic compensation for land remaining under the part of construction that is situated on the neighbour’s property. The agreement on the amount of compensation, or waiver of compensation, will be valid if it is entered as a remark into the land register.
The owner of the structure (building) demolish or remove whole structure, or the part of the structure extending beyond the boundary line.
In case of roads a possibility to establish a servitude should be considered.

What shall be taken into account while building a new structure, be it a fence, road, pond or any other structure, along the cadastral unit boundary or in its nearest vicinity?

A structure not approved by the neighbour and/or extending beyond the boundary line may cause unpleasant disputes with the neighbour.

First identify the exact location of the cadastral unit boundary in the field: look at the plan and boundary report of the cadastral unit registered in the cadastre, you can ask for more detailed information from the cadastral registrar. Find the boundary markers on the ground, involve your neighbour, if necessary, also a land surveyor, order the restoration of destroyed boundary markers from the surveyor. If necessary, order from the surveyor a new cadastral survey for the whole cadastral unit.
While setting out the structure, the boundary lines and boundary markers of cadastral units in the field and as registered in the cadastre shall be taken into account. The coordinates of cadastral unit boundaries as indicated in the detailed plan might not be surveyed with the required accuracy; that concerns in particular older survey methods and desk surveys.
Consult the local government on the requirements set out for construction and structures either in spatial plans or by the local government itself.
Check with the local government whether a notification regarding the structure, a construction project and building permit, and at later stage a notification regarding the use and permit for use are mandatory.
Have a look on possible restrictions arising out of law on the map of restrictions in geoportal.
While planning a structure take into consideration the provisions of neighbourhood rights as set out in the Law of Property Act. Thus, inform your neighbours about your plans.
The construction, alteration or removal of a boundary fence requires consultation with the local municipality. In some cases a building permission, building design specifications or a neighbour's consent are required.

Please note!

A hand-held GPS or mobile phone may be of help in searching a boundary marker in the field, but they will not guarantee the accuracy required for cadastral surveying, therefore they cannot be used while restoring a boundary marker or deciding on the accuracy of its location.
It is not possible to decide whether the structure is situated beyond the cadastral boundary line or not based on the map applications in the Land Board’s geoportal. This is due to the fact that in case of structures there might be errors (shades) on orthophotos depending on the object’s height and distance from the photo centre. In basic mapping the methods of mapping structures differ from these of surveying structures in the course of cadastral surveys. The older methods of cadastral unit formation do not guarantee the accuracy of cadastral unit boundaries on base map meeting today’s requirements. Neither can the coordinates clicked on the map serve as basis for the determination of cadastral unit boundaries.
The data in the Land Board’s map applications is of a purely informative nature.

Boundary disputes

The formation of cadastral unit involves at least five parties: local government, land surveyor, landowner, owner of the adjoining immovable, cadastral registrar. In order to form a cadastral unit the data of which will comply with the real-life features, an efficient cooperation between all parties is needed. If one or several of them do not take their tasks seriously, a boundary dispute may arise.

What are the causes of boundary disputes?

Contradicting boundary data have been caused by different survey systems and methods.
In the course of land reform different survey methods were used that did not ensure an equal accuracy of surveying, e.g. aerial photographic method, surveying either in random, local or national coordinate systems. Cadastral units have been formed also based on a desk survey, i.e. the location and boundaries of the cadastral unit have been determined on the map, but not on the ground.
The land surveyor has not submitted the actual survey results, but has adjusted the data to comply with the inaccurate data of adjoining cadastral units already registered in the land cadastre.
Often a boundary running along a landscape feature (e.g. on the axis of river or brook) has not been surveyed, and boundary data have been determined based on the base map, which had not been in compliance with the situation on the terrain.
The land surveyor has not considered the boundary markers of earlier formed adjoining cadastral units on the ground. Often double boundary markers have been placed, e.g. according to coordinates on the cadastral map, which do not coincide with the positions of existing markers on the ground.
To determine the locations of boundary points, the data available in the Land Board's public services have been used.
For the determination of boundary points inaccurate survey instruments (e.g. handheld GPS) have been used.
The land surveyor has not considered the boundary data of the earlier formed adjoining cadastral unit.
The land surveyor has made survey errors.
The cadastral registrar did not have sufficient data for the determination of the location of the cadastral unit on the cadastral map.
Land consolidation has been insufficient.
Lack of interest among the owners of adjoining cadastral units in the placement and maintenance of boundary makers.
Landowners have no knowledge of their boundary markers. E.g. an old stone marker found on the terrain after the cadastral survey is mistakenly considered to be the boundary marker, although the actual marker is a metal pipe.
Landowners have destroyed boundary markers or changed their locations. E.g., boundary markers are moved when they are in the way while cultivating land or mowing the lawn. Boundary markers have also been destroyed deliberately in order to occupy extra land.
The knowledge of landowners about the location of the boundary on the ground does not correspond to the boundary depicted on the cadastral plan (this concerns mostly cadastral units formed by a desk survey).

To prevent boundary disputes, please note the following:

The landowner must know the positions of the boundary markers of his cadastral unit on the ground. Before signing the boundary report, the landowner must acquaint himself with the locations of boundary markers on the ground. When the landowner is invited to the signing of boundary report that is made in the course of surveying of the adjoining cadastral unit, the owner shall also acquaint himself with the locations of boundary markers on the ground, and, if necessary, ask for clarifications from the surveyor who sent the invitation. It often happens that the boundary report is signed without checking the boundary and boundary markers in the field, and it becomes only later evident that the location of the boundary as known to the landowner does not correspond with the boundary as marked on the ground. After the registration of data in the land cadaster it is much more complicated to resolve the contradictions.
The landowner is responsible for the preservation of the boundary marker. To ensure a better preservation of the boundary marker, the landowner shall see to that the surveyor is using appropriate boundary markers. E.g. the metal tube meeting the requirements must be provided with an anchor or some other means preventing its removal. Where possible, the marker should be surrounded by a pile of earth; such monument will usually be preserved even when the marker itself is destroyed.
When the landowner notices that boundary markers have been restored, or double boundary markers have been placed on the boundary of his cadastral unit, and he has not been informed thereof, he must immediately contact the owner of the bordering cadastral unit to find out together the circumstances around the boundary marker.

The Land Board's role in boundary disputes

If necessary, the Land Board's Department of Cadastral Surveying and Control performs control surveys and analyses of survey results (checks whether the situation on the landscape and locations of boundary markers comply with the source documents of cadastral units, and checks the accuracy of surveying of boundary points and determination of coordinates in relation to the national geodetic network point). In other words, the Land Board is competent to assess whether the surveyed boundary markers on the ground and the real-life features comply with the source documents or not.
If cadastral units have been formed by a desk survey without actual surveying on the ground, the Land Board, as a rule, does not assess the correctness of boundary locations, as the Department of Cadastral Surveying and Control performs desk and field checks only for surveyed cadastral units.
If necessary, the cadastral registrar participates in the process of boundary identification and formulates its position regarding the boundary issues. The position of the cadastral registrar does not automatically change boundaries in the land cadaster, because in order to change boundaries in the land cadaster, the landowner has to declare his intention and a new cadastral survey must be performed.
The Land Board does not reconcile the opposing landowners, does not dismantle or legalise construction works/structures extending over the boundary (walls, fences, etc.), and does not solve boundary disputes or problems related to the road access to immovables.

Last update: 28.08.2023 09:37