Geodetski list, Vol. 64 (87) No. 1, 2010.
Professional paper
Judicial Boundary Arrangement (Registering of the Boundaries Arranged in a Special Procedure)
Tomislav Boban
; KUČINIĆ Ltd., Požega, Croatia
Abstract
The following analysis examines the mutual influences between the institute of the judicial boundary arrangement and the problems arising during its application. There is the perception in practice that the procedure of the judicial boundary arrangement, in some cases, doesn't have any autonomous credibility while registering the boundaries in cadastral documents, plans or in land register, so that there is no possibility to record the new, legitimate judicial boundary settlement without associated building or utilisation acts, based upon the physical planning legislation. One of the examples is the judicial boundary arrangement where the distances between judicially arranged boundary and cadastral document boundary are larger than usual. In that case, even though the ‘offset tolerance’ is not defined by any regulation, the responsible authority by its own interpretation proclaims the procedure as the land division. The second example is insisting on the obligation of registering the legally built structure on cadastral parcel whose boundary is decided by the court, even if the building doesn’t have objective conditions to be recorded and should only be mentioned in the Geodetic report of registering the boundaries arranged in a special procedure. However, the goal of this article is to emphasize the discrepancy of the procedures and obvious different criteria employed by governmental authorities responsible for boundary registration and judicial authorities, but even more the necessity to unify specific laws, or to modify and provide an explanation for the disputable regulations. If not, the question arises of the purpose not only of the institution of judicial boundary arrangement and court autonomy, but the role of geodesic profession in the particular procedures.
Keywords
judicial boundary arrangement; registering of the boundaries arranged in a special procedure; legislation; regulations; geodetic report
Hrčak ID:
53016
URI
Publication date:
15.3.2010.
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