Analýza zaměřování a zobrazování rozsahů věcných břemen v katastrálních operátech z historického hlediska až po současnost

Abstract

This dissertation deals with the method and procedures of surveying and subsequent displaying of encumbrances extents in cadastral records, from a historical point of view up to the present. In the first part, there is made the specification and conceptual division of individual encumbrances, clarification of their legal meanings and an excursion into the historical way of their recording and registering in the relevant land registers. The following sections are focused on the process of restoring of historical encumbrances, ways of adding them to the current records of the real estate cadaster. They also contain proposals for legislative amendments that would enable the legalization of these procedures and legally support their legitimacy. Furthermore, it is briefly outlined here the issue of the extent of encumbrances related to utilities, pitfalls and the inadequacy of their current records, with criticism of their inconsistent methods of both surveying and recording, with a proposal for legislative changes to unify them. The last section of the dissertation briefly describes the methods of keeping, registering and supplementing data to the land registers of specific selected European countries, namely Austria, Switzerland and Slovakia, with a focus on registration mechanisms and the issue of displaying of encumbrances. In the conclusion, recommendations for legislative amendments to the cadastral decree are proposed and justified