We provide comprehensive legal assistance in matters concerning the determination of property boundaries and boundary disputes between neighbouring landowners.

Such cases are among the most complex in real estate law, as they involve the interplay of civil law, administrative law and geodetic regulations.

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Boundary Demarcation – Specific Nature of Proceedings

We specialise in handling boundary demarcation proceedings governed concurrently by:

• the Civil Code,
• the Geodetic and Cartographic Law,
• the Real Estate Management Act.

Boundary demarcation aims to establish the course of the boundary between adjacent properties where such boundary is disputed or has not been clearly defined.

We represent clients both in administrative proceedings and in court proceedings, ensuring a consistent and effective legal strategy at every stage.

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Legal vs. Geodetic Boundary Determination

A key distinction must be made between:

Legal Boundary Demarcation

• results in the definitive determination of the legal boundary of a property,
• takes into account legal title, ownership rights and possession,
• may lead to a change in the boundary as recorded in land and building registers.

Geodetic Boundary Determination

• involves the reconstruction of boundaries based on cadastral data and geodetic documentation,
• has a technical nature,
• does not resolve legal disputes between property owners.

In practice, correctly distinguishing between these procedures is essential for selecting the appropriate legal path and effectively resolving disputes.

 

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Cadastral Plot Boundaries vs. Property Boundaries

A common source of misunderstanding is the assumption that the boundaries of a cadastral plot correspond to the legal boundaries of a property.

We clarify that:

• a cadastral plot is a technical unit within the land and building register,
• a property is a legal concept that may consist of one or more plots,
• determination of cadastral plot boundaries does not necessarily equate to determining property boundaries in the legal sense.

We assist clients in properly identifying the subject matter of the dispute and selecting the appropriate legal procedure.

 

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Two-stage Procedure

Boundary demarcation proceedings are two-stage in nature and consist of:

Administrative Stage

• conducted by a local administrative authority (mayor or city president),
• involving a licensed surveyor,
• aimed at reaching an amicable boundary determination or issuing an administrative decision.

 

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Judicial Stage

• initiated where no agreement is reached or the administrative outcome is challenged,
• conducted before a common court,
• resulting in a binding determination of the boundary.

We provide representation at both stages, ensuring consistency of legal arguments and effective protection of the client’s interests.

 

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Our Approach

Boundary disputes require not only legal expertise but also an understanding of geodetic issues and the ability to work with technical documentation.

We approach each matter individually, offering solutions tailored to the legal status of the property and the factual circumstances.

 

We invite you to contact us to discuss your case and determine the most effective strategy for establishing property boundaries.