Crossing of border points

Every single piece of land is indicated on the pitch and on the map by means of a finite number of points (peaks).Connected sequentially with straight lines they form a geometric figure (triangle, quadrangle or polygon) that gives an idea of ​​the shape of the property.

To document the availability of any landed property on a cadastral map or a plan foreach of its peaks is determined, etc. coordinates – Х и У. These are numbers that in general and most conditionally allow to & nbsp; determine the distance of the particular peak of the property to the two major lines on the globe  - The Earth Equator and the Greenwich Meridian. Of course, these coordinates are defined in a specially defined coordinate system, a special projection that has to say to & amp; unfold“ (to develop) the globe from a sphere to a plane, and so on. etc., but these are issues that are being studied by specialist Surveyors.

The process of determining the coordinates of the boundary points (peaks) of landed properties in the chosen coordinate system and projection bears the name geodetic filming.

The aim of surveying the landed properties is to determine the coordinates X and Y of their border points by geodetic methods (classical linear-angular or photogrammetric) and to record them in the cadastral map.

For owners of landed properties that are not illuminated in geodetic secrets, it is extremely important to know that these regular numbers X and Y, which at first glance do not mean anything, can in certain situations bring too many and very serious problems, often related to quite a lot of financial costs. This is because these numbers determine with an accuracy of centimeters where exactly the land is to be located on the land surface.

The question is that once set and entered in the cadastre these coordinates become law and no one can change them without the consent of the owner. According to the texts of the Cadastre and Land Register Act, this can not happen even in the case of natural disasters such as landslides, floods or other relocation of earth masses.Any unauthorized entry, no god-building or any other action of a person other than the owner inside the contour determined by the coordinates of these peaks is considered a violation of ownership with all the resulting consequences.

By its technical nature tracing the border pointsof the landed property isan activity contrary to geodetic filming of the landed property. Ie. the trace is an activity in which, by means of geodetic measurements on the coordinates of X and Y in the cadastre at the tops of the landed properties, the same note, thirst, trace on the ground. In the mainstream, this type of activity is often called  „pinching of pins“, „ restriction of property“, „marking boundaries“ etc.

The crossing of the border points of the property is an extremely important and necessary activity for each owner decided to invest in his property – whether building a fence, building a building, creating perennials, etc. The essence of trace boundary points it's not in the usual punching of pins. This is an activity through which the surveyor certifies to the owner exactly where the boundaries of his property extend within the limits of which he can safely without worrying that he violates foreign property to carry out all activities permitted by law.

It is for this reason that the tracking must be carried out by the surveyors extremely correctly and with the necessary precision.

The cases in which the trace of boundary points is applied can be grouped together in two groups: - a mandatory trace and a recommended trace.

Mandatory tracing is required in the following cases:

  • Upon entering a property in properties, whose boundaries are not materialized on the terrain but are defined by a project or a draft plan – for example – plan of newly formed properties, plan for regulation, project for division of property, project for change of boundary between land plots, etc.
  • In the case of construction activitieslasting character– building construction, fences and more. For example, according to Art. 151 para. 1 item 11 of the TDA http://www.lex.bg/laws/ldoc/2135163904 for construction of light prospecting fences and solid fences with a height of the dense part up to 0.6 m within the landed property, no building permit is required, but a protocol for tracing the boundaries of the property is required.  

Recommended traceability is useful to perform in the following cases:

  • In case of interest in buying a given land, especially when the property is restituted under some of the restitution laws such as „ Law on the ownership and use of agricultural land“  http://www.lex.bg/bg/laws/ldoc/2132550145, „Law on restoration of ownership of forests and lands of the forest fund“ http://www.lex.bg/laws/ldoc/2134171136, „Law on the Restoration of Ownership of Some Expropriated Real Estate under the Territorial Urban Development Act, the Law on Planned Settlement of Settlements, the State Property Act and the Property Act“  http://www.lex.bg/laws/ldoc/2132811265,or its marketing is through intermediaries or authorized persons.

The trace must necessarily take place before signing of any documents that engage the prospective buyer, let alone when the deal is already a confession before a notary. In „ PRECISION ENGINEERING & amp; ldquo; EOOD there are a lot of cases in which buyers to save yellow pennies for trace (the traded price of the property is usually less than 0.5% of the value of the property) buy property for several tens of thousands of euros and then it turns out that they have bought it some gully, the property in the middle or the property illegally taken by third persons, etc.

  • In the case of suspected violations of the border by neighbors.Before you get worse with your neighbors because of your nausea  thought that your neighbor has seized some of your property, better call the surveyor to clear your doubts. In this case, the tracing is best done in the presence of both neighbors. This will make it clear who is wrong, who is right and everything can be solved peacefully and neighborly. Remember - there is nothing better than a good and respectable neighbor,and for the establishment of good relations, the surveyor can only benefit

Regardless of how the trace is done, you must be given the tracing protocol. This is the document that proves that the boundary points of your property are marked on the ground faithfully and with the required precision. The tracing report must contain a textual and graphical part. In the text section, data about the pledged property is recorded – identifier, location, address, and owner data. The graph shows the plot of the property contour, the location of its boundary points with the numbers, and a list of their coordinates X and Y in the corresponding coordinate system.

The tracing protocol isan extremely important document for two reasons:

  1. Because it is required by the employees of the respective administration when performing a trace where it is obligatory;
  2. The data from the graphical part and especially the list of coordinates of the border points serves as evidence that their location  corresponds to what is regulated in the cadastral map, ie. in the Cadastre and Property Register Act (CPRA -http://www.lex.bg/laws/ldoc/2134918656)  

What to do when we do not agree with the results of the trace ?

Very often, for one reason or another, the persons interested in the trace of the land or the landed properties disagree with the places where the pins are stuck. A colleague surveyor claims and swears that everything is correct and accurate, the neighbor in whose property he is entering – pretends and disagrees. There will be blood !. What can you do?

Of course, the answer is not easy. For the simple reason that there may actually be a mistake, but it may not be there. The Surveyor, he is a human and nothing human, including making mistakes is not alien to him.Therefore, in such cases, it is beneficial in practice to do the following:

  1. The one who made the trace to repeat it either as outputs from another datum point or by using another method for determining the coordinates – GPS in RTK mode for example;
  2. If the result is the same, check the values ​​of the coordinates recorded in the tracing carnet with those of the cadastral register through the cadastral information system of the Agency of Geodesy Cartography and Cadastre KAIS -https://kais.cadastre.bg/bg/Map;
  3. If the co-ordinate values ​​recorded in the tracing carnet coincide with those of the cadastral register of the detailed points in the Cadastral map, the co-operative surveyor's work is true and accurate.
  4. If the disgruntled neighbor continues to have claims, it is expedient for a final check to call a surveyor from another geodetic company. If there are differences in traceability, the two geodetic teams will & nbsp; professionally and correctly resolve the dispute.

Given that everything is true and accurate, and if the claims to the place of the pins continue, it means that either the cadastral map is not true or there are other reasons for the disagreement. In this case, the dispute shall be resolved either by performing other technical activities related to the development of the projects to modify the cadastral map in order to correct mistakes and incompleteness or by court order.

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