Restoration of Boundary Markers and the Determination of Boundary Points in the Context of the Reliability of the Register of Land and Buildings

Abstract

The restoration of boundary markers and the determination of boundary points are substantive technical surveying activities, legally regulated in Poland under Section 6 of the Geodetic and Cartographic Law on the delimitation of real properties. These activities are essential for both the proper functioning of the register of land and buildings (EGiB) as well as from the point of view of the owners who, for various reasons including peaceable possession, want to know the course of the boundaries of their properties and have them physically marked on the ground. According to the author of this research paper, the interpretations of the legal regulations on the restoration of boundary markers and determination of boundary points which have recently appeared in the Polish subject literature and geodetic journals, as well as the solutions applied in surveying practice, arouse considerable doubts and cause markerificant distortion of the data stored in the databases of the register of land and buildings as well as result in misinterpretation and incorrect application of these provisions by land surveyors. The article presents a descriptive formal analysis of the applicable provisions of law and the effects of their application on the quality of this data. The author opposes what is, in his opinion, an unauthorised, broad interpretation of the legal provisions, a consequence of which is the fact that a mere physical monumentation of a boundary point on the ground, performed under a technical procedure, fundamentally changes and increases the legal markerificance of this boundary point.