Technicko-právní analýza chyb v zobrazení hranic pozemků v katastrální mapě vlivem zeměměřických činností

Abstract

This dissertation deals with the issue of errors in the display of land boundaries in the cadastral map. In the first part, an analysis of the errors that most burden the cadastral map from the point of view of the performance of surveying activities by a private service, is carried out. Special attention is focused on displaying the changes that were made in the past in rough outlines, especially in the period of the real estate registration (1964-1992). Furthermore, the current legal regulations are examined in detail - Cadastral Act No. 256/2013 Coll. and cadastral decree No. 357/2013 Coll., especially in relation to the provisions on the correction of errors in the real estate cadastre, and cases in which the current legislation does not provide a sufficient solution are analysed. The next part of the thesis is dedicated to the current trend in the real estate cadastre, which is the renewal of the cadastral record by new mapping. The part concerning the determination of land boundaries is critically analysed. Using the example of the cadastral territory of Nižní Lhoty, it is shown that the commission complies with the demands of landowners and legalizes changes requiring property settlement or submission of documents from other state authorities. Criticism also focuses on the procedure of the cadastral office towards the makers of geometric plans, who are forced to make adjustments that distort the actual situation found in the field. The last part of the dissertation is dedicated to the issue of resolving disputed boundaries between plots of land. First, it identifies the main causes of boundary disputes and then analyses in detail the procedures for their resolution, as stipulated in § 1028 of the Civil Code No. 89/2012 Coll. and § 80 of the Code of Civil Procedure No. 99/1963 Coll. In this context, other possibilities for resolving disputes through alternative means, including arbitration, are also presented. In the final part of the thesis, all identified deficiencies are summarized and recommendations for legislative changes of the cadastral decree are proposed, including their justification.