Delimitation of real estates and reopening of boundary marks as geodetic-legal procedures to establish the extent of property rights on land

Abstract

Ownership is the strongest and fullest, although not unlimited, right in rem. Every owner of land desires full and undisturbed possession of his land. Sometimes, however, the boundaries of individual properties are disputed or obliterated and the owner's right to possession is threatened. Inseparably connected with the right of ownership of landed property are their legal boundaries, which, being a line materialised on the ground, separate them from each other, delimiting the extent of the right of ownership in relation to neighbouring properties. It follows from the definition of the landed property contained in Article 46 1 of the Civil Code that the legal boundary of a property is not an abstract concept, as it separates the property from its surroundings as an object of separate ownership. The realisation of boundaries on the ground is achieved through delimitation proceedings, and if previously established boundaries are obliterated or moved, it is necessary to reopen boundary marks. The stability of the legal boundaries of a property promotes certainty not only for the owners, but also for real estate transactions. The aim of this article is to analyse the institutions of property delimitation and the reopening of boundary marks from the point of view of their function – to provide landowners with certainty and stability as to their property rights and to define the criterion distinguishing the geodetic-legal procedures in question.