Regulating boundaries between land parcels: mutual agreement and judicial procedures - application of the provisions of the Real Estate Registration Act

The boundary, as defined by the Real Estate Registration Act, represents the dividing line between adjacent land parcels owned by different owners and can be regulated through an administrative or judicial (non-litigious or litigious) procedure. The boundary can be mutually agreed upon and settled amicably by the owners. If they do not agree on the boundary or cannot reach an agreement, and a dispute arises between them, the court has jurisdiction to determine and regulate the boundary (boundary dispute).

If you need legal assistance from a real estate lawyer in neighbor disputes or boundary disputes, contact them for legal advice and ensure you choose the right option for your case.

Boundary Regulation: Administrative and Judicial Procedures under the Real Estate Registration Act and the Property Code

The boundary can be regulated through administrative and judicial procedures. In court, the boundary is regulated through non-litigious proceedings (by filing a proposal for boundary regulation) or litigious proceedings (by filing a lawsuit for boundary regulation).

Judicial boundary regulation is necessary when there is a dispute regarding the boundary line or its course. The judicial procedure is initiated upon the request of the entitled person if an agreement on the cadastral boundary is not reached within thirty days in the administrative procedure. The Real Estate Registration Act stipulates that if the judicial boundary regulation procedure is discontinued, or if the court dismisses or rejects the proposal for judicial determination of the boundary, the procedure for registering the regulated boundary continues, and the proposed boundary is registered as the regulated boundary.

A landowner who disagrees with the course of the boundary must file a proposal for boundary regulation with the competent court within the prescribed period; otherwise, it is considered that they agree with the proposed boundary. Upon the commencement of the judicial procedure for boundary regulation, the procedure for registering the regulated boundary at the Surveying and Mapping Authority (GURS) is interrupted.

In both the judicial and administrative procedures for boundary regulation, the court or authority decides on the boundary as a fundamental issue. In non-litigious proceedings, the court is not bound by the progress of the procedure before the administrative authority, while the administrative authority (GURS) is bound by the boundary determined by the court.

If a boundary regulation procedure is already underway in court, the consideration of the boundary course in the administrative procedure is not permissible, and the previous administrative procedure does not serve as a procedural prerequisite for filing a proposal for judicial determination of the boundary.

Despite the fact that the administrative procedure has definitively determined or regulated the boundary, the judicial assessment of the boundary course is not excluded. In this case, the petitioner will have to challenge the presumption of a stronger right based on the determined boundary or the boundary determined in the administrative procedure in the judicial procedure.

The legal basis for boundary regulation is provided by the provisions of the Real Estate Registration Act and the Property Code.

If you need legal assistance in the boundary regulation procedure, contact attorney Jurij Kutnjak for legal advice and authorize them to represent you in the administrative and judicial procedures.

Judicial Boundary Regulation: Procedural Rules and the Significance of a Stronger Right under the Non-Litigious Procedure Act and the Property Code

The procedural rules for judicial boundary regulation include provisions of the Non-Litigious Procedure Act and the Property Code, which state that the court regulates the boundary based on a stronger right and that a stronger right is presumed based on the boundary definitively regulated in the cadastral procedure.

If the value of the disputed boundary area exceeds twice the value for determining a small claims dispute, the court can regulate the boundary based on a stronger right only if the petitioner and the party against whom the proposal is filed agree to it. If a stronger right is not proven or if there is no agreement as mentioned above, the court regulates the boundary based on the last peaceful possession. If the last peaceful possession cannot be determined, the court regulates the boundary by a fair assessment.

If the value of the disputed boundary area exceeds twice the value for determining a small claims dispute, and the petitioner and the party against whom the proposal is filed do not agree to regulate the boundary based on a stronger right, each of them can assert their stronger right in a litigation procedure within three months of the enforceability of the decision on boundary regulation.

The court regulates the boundary between properties in non-litigious proceedings for boundary regulation if it is in dispute, unless the law excludes judicial boundary regulation.

If there is a dispute among participants regarding a specific area of a property (ownership dispute), where the boundary is not in dispute, it is not a matter of boundary regulation.

A boundary regulated by a decision of GURS, a court order, or a court judgment is entered into the land registry.

If you need legal assistance from a real estate lawyer in the boundary regulation procedure, contact attorney Jurij Kutnjak for legal advice and authorize them to represent you in the process.