Creating a cadastral map is a complex and multifaceted process. In addition to performing high-precision geodetic measurements on the terrain, it also includes the collection, processing and systematization of extremely large and varied text and graphical information – ownership documents, detailed development plans, architectural designs, orders and orders issued under the land law, environmental protection law, Black Sea coastal planning law etc., etc.   The technical activities performed for this purpose and the procedures for acceptance of the already developed cadastral map are regulated by the Cadastre and Land Register Act (http://www.lex.bg/laws/ldoc/2134918656) and the following sub-statutory instruments: Ordinance No RD-02-20-5 of 15 December 2016 „ For the content, creation and maintenance of the cadastral map and cadastral registers“ (http://www.lex.bg/bg/mobile/ldoc/2136991982)  and Ordinance No 19 „To control and accept the cadastral map“ (http://www.lex.bg/laws/ldoc/-548927999)

Nonetheless, despite the efforts of each professionally responsible surveyor in the developed cadastral map, errors are inevitable. On this occasion, surveyors say– The map is„flour bag“- how much you shake it all down! In other words, as much as a fellow surveyor does, as checks are made, there are always errors and errors can always be found. For this reason, in the Cadastre and Land Registry Act (LPAC)   there is a specific definition of what is wrong and incomplete: "incompleteness or mistakes" are discrepancies in the boundaries and outlines of the real estate in the cadastral map for urbanized territory compared to their actual condition.

On the basis of the above definition, the term incompleteness and mistakes is applicable  only for properties situated in the urbanized territories of the cadastral map.

In practice, the presence of incompleteness and mistakes in the cadastral map is also largely determined by the active or passive attitude of the owners of the landed properties during the actual development of the cadastral map. Here the wisdom of the people is full of power: "Whoever has a beard must have a comb to decide it“. Ie. in order for the landed property to be reflected accurately and accurately in the cadastral map, the owner must show the necessary activity and interest during its elaboration.

Removing incompleteness and mistakes shall be carried out according to a detailed procedure in the Ordinance for creation and maintenance of the cadastral map (http://www.lex.bg/bg/mobile/ldoc/2136991982) - but in any case it is accompanied by a specially designed by a licensed geodesist project for alteration of the cadastral map or so. „Sketch-project for alteration of the cadastral map“.

Depending on the reasons that led to the presence of incompleteness and error,for drawing up the sketch project, different documents and evidence are used.  This is because to justify the presence of incompleteness and mistakesand to formulate the proposal for their removal, besides the implementation of geodetic measurements in the field, very often it is necessary to investigate the grounds for ownership on old cadastral or other plans, old notary deeds, etc. Based on the graphic processing and analysis of these documents, it is very often necessary to prepare the so-called„combined sketches for complete or partial identity of the research property“. In other words, in many cases, the development of the removal project incompleteness and mistakes the co-operative geodesist has to do  serious and in-depth investigative actions on the change of ownership over the years.

This requires him to have in-depth knowledge not only of geodesy as a science and technique, but also knowledge of

laws of property, law, inheritance, etc. 

The amendment to the cadastral map designed to remove the incompleteness and mistakesis imported by the owner of the property at the Office of Geodesy, Cartography and Cadastre for consideration and approval. 

EXACT FACTUAL ERROR IN THE KAUSTAL КАРТА

A special case of incompleteness and mistakes in the cadastral map is the presence of manifest factual error

According to the texts of the Cadastre and Land Register Act  " manifest factual error" is the discrepancy within the boundaries of the land plots between urbanized and non-urbanized territory, obtained by merging the data under Art. 41, para. 1, as well as non-compliance within the boundaries of the permanent or topographical topographical sites of natural or artificial origin in the non-urbanized territory determined by geodetic measurements and their boundaries by plans and maps approved under the Law on the Ownership and Use of Agricultural Land and the Restitution of Forest and Forest Ownership Act when the differences in the coordinates of the determining points are greater than those allowed in the Ordinance under Art. 31;

The quoted definition is complex enough, but in a simple and comprehensible language manifest factual error is present when the boundaries of the landed properties reflected in the cadastral map overlap or intersect with the boundaries of permanent topographical elements in areas outside the urbanized territories (agricultural land and forest land). As an example of the most common one manifest factual error the case may be the case when, after marking the boundaries of an agricultural land (levels) of the terrain, according to the data obtained from the cadastral map, the same or a part of it falls or intervenes with the neighboring road, gully, river, beach, etc.

As in the case of removal of incompleteness and mistakesand here when removing manifest factual errorthe surveyor should carry out a number of technical activities as a result of making a list of affected properties and a project for alteration of the cadastral map and cadastral register of immovable properties in the scope for all landed properties for which it is established the obvious factual error. The design for thethe obvious factual error is transmitted to the Office of Geodesy Cartography and Cadastre.

Particularly in reflecting the changes in the cadastral map for the purpose removal of obvious factual error is that the elaborated project is sent for coordination by the director of the regional directorate "Agriculture" with respect to the compensation under Art. 10b, para. 1 ЗЗЗЗЗ, respectively under Art. 6 ZVGGGGF and § 8 PZPZVSGZGF,i. compensation for actions in affected properties. Only after receiving a positive opinion from the Director of the Regional Directorate & Agriculture“ the procedure for the alteration of the cadastral map by the Office of Geodesy, Cartography and Cadastre shall be continued in order to eliminate the the obvious factual error , which includes the preparation of the necessary documents for determining the amount of compensation to the affected owners.