The issue of parties’ participation in technical activities related to the boundaries of parcels

Abstract

Participation of the parties in works related to the boundaries a˛ects the determination of boundaries according to the owners’ consistent indications, or allows for an appropriate reaction when determining the boundary points of the previously ~xed boundaries, i.e. referring the case to court in the event of a dispute regarding the location of boundary marks. It is important that the owners of neighboring parcels know their boundaries before any investment activities. The lack of this knowledge combined with the lack of legal security regarding boundaries in the event of con˚icts between owners of neighboring parcels may result in, in addition to sending the case to court, serious consequences, e.g. demolition of a fence built in the wrong place, demolition of a house built too close to the boundary. The legal solutions discussed here concern the Polish cadastre, but the issue itself can be said to go beyond the local scale as it potentially concerns the problem of properly determining the scope of ownership rights (boundaries) to parcels in other countries. The article discusses and analyzes the documentation prepared by licensed surveyors in the context of the validity of applicable boundary procedures in Poland regarding the participation of the parties in these activities. Analyzes have proven that focusing these procedures on correctly notifying the parties about given boundary activities is not the right approach. Such solutions only bring results in terms of correctly notifying the parties about the activities and do not lead to their actual participation in them.