Marking of Land Parcel Boundaries
Kazys Maksvytis
Head of the Real Property Cadastre and Register
Department of the State Enterprise Centre of Registers
E-mail: Kazys.Maksvytis@registrucentras.lt
MAIN LEGAL ACTS
• Law on Land
• Law on Real Property Cadastre
• Code of Administrative Offences of the
Republic of Lithuania
• Civil Code of the Republic of Lithuania
• Regulations of Real Property Cadastre
• Standards of boundary marks and rules for
marking of land parcel boundaries
TERMS AND DEFINITIONS
• Boundary of a land parcel means the boundary between land
parcels marked by boundary marks on site or coinciding with
stable elements of the landscape and graphically marked on the
plan of a land parcel.
• Boundary mark means a mark establishing the boundaries of
a land parcel in the area and complying with a standard set by
the National Land Service authorised by the Government and
legally protected in accordance with the procedure laid down
in legal acts.
BOUNDARIES OF LAND PARCELS ARE NOT
MARKED BY BOUNDARY MARKS
• Where the boundary of a land parcel coincides with
artificial or natural objects (row of trees, hedge, solid
fence, ditch and similar)
• Goes along the water bodies (sea, lake, pond, river,
stream, drainage ditch)
• When land parcels are formed for the maintenance of
roads, rails
• When land parcels are formed for the maintenance of
the water bodies of the state significance
TYPES AND STANDARDS OF BOUNDARY
MARKS
•
•
•
•
Reinforced concrete
Plastic
Metal
Boundary marks for solid ground
• Wooden till 2005
REINFORCED CONCRETE
PLASTIC BOUNDARY MARKS
METAL BOUNDARY MARKS
BOUNDARY MARKS FOR SOLID
GROUND
CONTRACT BETWEEN CLIENT AND
SURVEYOR




Basis for cadastral surveying is the contract between a
client and a surveyor unless otherwise provided by laws
or any legal acts.
Contract shall indicate:
conditions for marking of boundaries, conditions for
placement of boundary marks:
who undertakes to fix/dig in the boundary marks into the
ground and to cover them with earth;
who undertakes to do a cutting of 0.5 m for better
visibility.
Types of boundary marks and conditions for their
production or procurement.
PREPARATORY WORKS (1)
 PREPARATORY WORKS IN THE OFFICE :
- Collection of geodetic and mapping material:
•
•
•
•
Plans and sketches of a land parcel;
Certificate about the owners of adjacent land parcels;
Excerpt from the cadastral map;
Acts on marking-witnessing the boundaries.
- The following is identified having analysed the geodetic and
mapping material:
•
•
•
•
Persons to be invited,
Quantity of vertex points of a boundary and preliminary quantity of boundary marks,
Ratio of lengths of land parcel boundary lines on the sketch, land parcel plan, territorial
planning document when a land parcel registered in the Real Property Register must be
marked;
Information presented on the plans, sketches and other documents of adjacent land parcels is
evaluated.
PREPARATORY WORKS (2)
 PREPARATORY WORKS IN THE FIELD:
• If a land parcel is registered in the Real Property Register the
following is established:
-
whether the location for installation of the existing boundary marks of the subject
land parcel, land parcel boundaries in use, lengths of lines between vertex points
corresponds to the territorial planning document, sketch and land parcel plan;
quantity of boundary marks to be installed.
• If a land parcel is not registered in the Real Property Register the
following is established:
-
whether the location for installation of boundary marks of the adjacent land parcels
corresponds to the territorial planning document, sketches and land parcel plans;
-
quantity of boundary marks to be installed.
• Identification of persons to be invited to the marking.
OWNERS OF THE ADJACENT LAND PARCELS
ARE NOT INVITED TO THE MARKING IF :
• Coordinates of adjacent land parcels’ vertex points and
boundary marks are established in the state coordinate
system;
• There are existing boundary marks;
• Common boundary coincides;
• Boundary of the subject land parcel goes along the
middle of a hydrographical object (stream, drainage
ditch or similar).
MARKING
Main requirements:
- Boundary marks are used to mark the land parcel boundaries
on the inland;
- Boundary marks are installed on the vertex points of the land
parcel boundaries;
- In case of a straight boundary line the boundary marks are
installed within a distance allowing their visibility but not
more than 500 meters from each other;
- Boundaries of the land parcels possessed by other land owners,
users or the State and which are inside the boundaries of the
subject land parcel are marked;
- Forestry parcel is marked by cutting a strip of 0.5 m width to
guarantee visibility between the boundary marks;
ACT ON MARKING-WITNESSING THE LAND
PARCEL BOUNDARIES
• Act on marking-witnessing the land parcel
boundaries describes the following:
- Boundary marks fixed earlier and now used to mark the land
parcel boundaries;
- Restored boundary marks;
- Newly installed boundary marks;
- Temporary boundary marks replaced by permanent ones;
- Boundaries coinciding with natural and artificial objects;
- Length of cuttings.
WHO MUST SIGN THE ACT ON MARKINGWITNESSING OF LAND PARCEL
BOUNDARIES?
• Land parcel owner/owners
• Persons invited (owners of adjacent land parcels)
• Surveyor
• Responsibility for demolition or damage of
boundary marks.
TAKING PHOTOS OF BOUNDARY
MARKS
• Purpose of taking a photo is to record visual
situation of the subject land parcel boundaries on
site.
• A photo is taken in case of:
- a dispute among the participants of the process;
- a wish expressed by at least one of the participants of the
process;
- boundary marks of previously marked land parcel
boundaries’ vertex points are restored which have been
destroyed.
DECISIONS OF SURVEYORS
• Decisions of a surveyor:
-
To revise land parcel boundaries on the ground;
Do not revise land parcel boundaries on the ground.
• Surveyor takes a decision having received remarks in
writing from the persons invited.
• Cadastral surveys are not suspended due to the
remarks submitted.
• Surveyor notifies in writing the persons who have
been invited and submitted written remarks on the
decision taken and provides grounds on the decision
taken.
• Surveyor’s decision may be appealed to the court.
SETTLEMENT OF DISPUTES ON
BOUNDARIES
• Territorial planning documents;
• Documents of cadastral data files of land
parcels:
-
Plans,
Sketches,
Acts on boundary marking-witnessing.
• Vertex points of the boundary marked on the
ground with boundary marks.
COURT PRACTICE
• Courts investigate disputes regarding the boundaries of land parcels
in cases:
-
The owners of land parcels do not agree on the disputed parcel boundaries and
The boundaries are not clear with reference to the existing documents.
• The court establishes boundaries taking into account:
-
Documents,
Boundaries of actually possessed parcels, and
Other evidences.
• In case it is impossible to set the boundaries, each land parcel should
be attached a part of a disputed land area of equal size; however
none of the parcels formed in such a way should differ in area from
the existing legally approved parcel.
FACTORS INFLUENCING BOUNDARY
MARKS
• Natural factors:
• Humidity,
• Sun,
• Frost.
• Human factors:
• Farming activities,
• Road maintenance works,
• Criminal offence.
RESPONSIBILITY
• Code of Administrative Offences:
- Destruction or damage made to the permanent
boundary marks of lands – a fine from 250 litas up to
500 litas;
- Deviation from the land management plan approved
in the established manner without a proper permit - a
fine from 50 litas up to 100 litas.
STATISTICS
• Real Property Register contains 2.143.739 registered
land parcels (at least 9-10 million boundary vertexes)
Year
2011
2012
2013- 0901
Cases when boundary marks showing vertexes
of land parcel boundaries have been damaged
or destroyed, have not been preserved or not
all of them have survived
9
17
36
Protocol of administrative
offence has been drawn up
(number of offenders)
4
11
24
Penalties imposed (number
of offenders)
3
11
24
CONCLUSIONS
• To ensure high quality of determining the coordinates
of land parcel vertexes.
• To improve standards of boundary marks.
• There is a need to consider renovation of boundary
marks in legal acts.
• A surveyor should undertake full responsibility for a
proper marking of land parcels and taking relevant
decisions.
QUESTIONS
• Is it relevant to store information on the condition of
boundary marks in the registers? (date of installation,
restoration, renewal; standard (wooden, reinforced
concrete, etc.)).
• Is it relevant
marks?
to
take
photos
of
boundary
Thank you for your attention
Kazys.Maksvytis@registrucentras.lt