Abstract
The article presents proposed amendments to the provisions of the Polish Geodetic and Cartographic Law regarding the restoration of boundary markers and the determination of boundary points of cadastral parcels. The current legal regulations are both insufficient and ambiguous, which results in significant and harmful discrepancies both in the interpretation of the legislation and its application. As a result, the database of the register of land and buildings (EGiB), which keeps the records on the boundaries of cadastral parcels and the attributes of boundary points describing these boundaries, frequently does not correspond to the actual status and is therefore unreliable. Due to the importance of this data, and of the entire EGiB database, to the socio-economic system of the country, this should no longer be tolerated. In this research paper, the author highlights the problems both relating to the legal regulations on the procedure as well as to the content of the database of the register of land and buildings. In both cases, the defects carry consequences that are adverse for the quality of the EGiB data and contribute to the loss of their reliability The specific amendments to the legislation proposed in this article are to prevent the further misinterpretation and misapplication of the current legal provisions and should allow to meet the reasonable expectations and needs of the users of the data contained in the register of land and buildings, especially property owners.
Highlights
The issues concerning the restoration of boundary markers and the determination of boundary points are regulated in Poland by the Act of 17 May 1989 – Geodetic and Cartographic Law [1]
The defects carry consequences that are adverse for the quality of the EGiB data and contribute to the loss of their reliability The specific amendments to the legislation proposed in this article are to prevent the further misinterpretation and misapplication of the current legal provisions and should allow to meet the reasonable expectations and needs of the users of the data contained in the register of land and buildings, especially property owners
Before 1 January 1999, Article 39 of the Geodetic and Cartographic Law only allowed the restoration of boundary markers, whose location had previously been determined as a result of real
Summary
The issues concerning the restoration of boundary markers and the determination of boundary points are regulated in Poland by the Act of 17 May 1989 – Geodetic and Cartographic Law [1] (hereinafter referred to as “PGiK”). It is necessary that this database contains reliable data, especially as far as cadastral parcels are concerned, which would describe these parcels in a way that reflects their actual state, resulting from the documentation submitted to the authorities responsible for keeping the register of land and buildings, i.e. district governors and presidents of large cities with county rights. It is extremely unacceptable when the law itself that incorrectly regulates the procedure of capturing and recording cadastral data is the source of discrepancies and legal defects. The problem has been discussed in numerous articles in surveying magazines [4,5,6,7], book studies [8,9,10] and included in the decisions of administrative courts [11,12,13]
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