February 02, 2025
A cadastral parcel is the basic unit of land within a cadastral municipality. The cadastral parcel is defined by boundaries and marked with a unique number. It is registered in the cadastre and land register, which is crucial for legal certainty and the regulation of property and legal relations. The concept of a cadastral parcel is regulated by the Act on State Survey and Real Estate Cadastre and the Land Registry Act.
Cadastral and Land Registry Parcels
The cadastral parcel is defined in the cadastral record. The land register parcel is recorded in the land register. The differences between them may exist in number, area and rights holders. One cadastral parcel may be divided or include several land register parcels due to various inconsistencies in the recording. In this case, it is necessary to harmonize the cadastral and land registry status of the property.
Recording on parcels
On cadastral parcels, boundaries, area, construction and holders of possession rights are recorded. The data are entered into the cadastral records and the land register on the basis of the geodetic study and application sheets.
The following documents are required for the preparation of a geodetic study for recording data on buildings:
- A copy of the cadastral plan,
- excerpt from the land register – title deed,
- The Letter of Possession and
- proof of the legality of the object.
Determination of cadastral parcel boundaries
Determining the boundaries includes determining the boundaries in the field and making a geodetic study. If the boundary is disputed, the proceedings are suspended until they are resolved through the courts. The surveyor invites the neighbors to inspect the study, and if they have no objections, the surveyor sends the study to the competent cadastre, which then confirms it.
Surveyor and boundary determination
The surveyor determines the boundaries and the area of the parcel according to the existing boundary signs. If the neighbors have not objected, and the cadastre confirms the geodetic study, it is registered in the cadastre and land registry.
Consequences of the inconsistency between the cadastre and the land register
Inconsistencies between the cadastre and the land register can lead to legal uncertainties, such as disputes over ownership, the inability to sell real estate or obtaining a loan secured by a mortgage on real estate. A surveyor for the technical aspects and a lawyer with knowledge of land registry law and property law for the legal aspect are required for the solution.
Conclusion
Registration of cadastral parcels is a complex process that requires the cooperation of experts and institutions. A properly conducted procedure ensures legal certainty and protection of property rights.
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