IDEAS home Printed from https://ideas.repec.org/a/eee/lauspo/v124y2023ics0264837722004720.html
   My bibliography  Save this article

Determination of the property boundary – A review of selected civil law jurisdictions

Author

Listed:
  • Çağdaş, Volkan
  • Kara, Abdullah
  • Lisec, Anka
  • Paasch, Jesper M.
  • Paulsson, Jenny
  • Skovsgaard, Tanja L.
  • Velasco, Amalia

Abstract

The boundary of real property is the fundamental element for securing rights attached to land. Countries, even with a long-standing cadastral tradition, often face the challenge of interpreting the course of a parcel boundary on the ground based on the available evidence, as data quality is very heterogeneous. Various cadastral principles and procedures have been developed for the determination of parcel boundaries in the field, which may also be associated with resolving boundary disputes. This article documents and compares the principles and procedures applied in the determination of property boundaries in selected civil law countries based on a novel conceptual model developed for that purpose. The notion of ‘boundary determination’ used in this article refers to demarcating and surveying land parcel boundaries during the initial cadastral survey and cadastral update procedures. The selected countries include Denmark and Sweden, which apply Nordic civil law; Slovenia and Turkey, which apply German civil law; and Spain, which applies Napoleonic civil law. The demarcation principles and processes applied in the different cadastral systems, the parties involved, and the evidence taken into consideration in these processes are described and compared. The main aim is to contribute to the documentation of the reasoning applied to the property boundary determination in the selected civil law countries.

Suggested Citation

  • Çağdaş, Volkan & Kara, Abdullah & Lisec, Anka & Paasch, Jesper M. & Paulsson, Jenny & Skovsgaard, Tanja L. & Velasco, Amalia, 2023. "Determination of the property boundary – A review of selected civil law jurisdictions," Land Use Policy, Elsevier, vol. 124(C).
    • Handle: RePEc:eee:lauspo:v:124:y:2023:i:c:s0264837722004720
    DOI: 10.1016/j.landusepol.2022.106445
    as

    Download full text from publisher

    File URL: http://www.sciencedirect.com/science/article/pii/S0264837722004720
    Download Restriction: Full text for ScienceDirect subscribers only
    File URL: https://libkey.io/10.1016/j.landusepol.2022.106445?utm_source=ideas
    LibKey link: if access is restricted and if your library uses this service, LibKey will redirect you to where you can use your library subscription to access this item
    ---><---

    As the access to this document is restricted, you may want to search for a different version of it.

    References listed on IDEAS

    as
    1. Golob, Peter & Lisec, Anka, 2022. "Success factors in cadastral boundary settlements based on land surveyor’s opinions," Land Use Policy, Elsevier, vol. 114(C).
    2. Yildiz, Umit & Gürel, Murat & Kocaman, Sultan, 2022. "State liability and uncertainty perception on cadastral parcel area registry in Turkey," Land Use Policy, Elsevier, vol. 116(C).
    Full references (including those not matched with items on IDEAS)

    Most related items

    These are the items that most often cite the same works as this one and are cited by the same works as this one.
    1. Mladen Šoškić & Nenad Višnjevac & Rajica Mihajlović & Dragan Mihajlović & Stevan Marošan, 2022. "The Development of Land Readjustment Models in Serbia and South-East Europe," Land, MDPI, vol. 11(6), pages 1-20, June.
    2. Ayelech Kidie Mengesha & Thomas Bauer & Doris Damyanovic & Sayeh Kassaw Agegnehu & Reinfried Mansberger & Gernot Stoeglehner, 2022. "Gender Analysis of Landholding and Situation of Female-Headed Households after Land Registration: The Case of Machakel Woreda," Land, MDPI, vol. 11(7), pages 1-28, July.
    3. Bacior, Stanisław, 2023. "Austrian Cadastre still in use – Example proceedings to determine the legal status of land property in southern Poland," Land Use Policy, Elsevier, vol. 131(C).
    4. Bujar Fetai & Jernej Tekavec & Mojca Kosmatin Fras & Anka Lisec, 2022. "Inconsistencies in Cadastral Boundary Data—Digitisation and Maintenance," Land, MDPI, vol. 11(12), pages 1-19, December.

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:eee:lauspo:v:124:y:2023:i:c:s0264837722004720. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If CitEc recognized a bibliographic reference but did not link an item in RePEc to it, you can help with this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Joice Jiang (email available below). General contact details of provider: https://www.journals.elsevier.com/land-use-policy .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.