In the event of litigation or in view of modifying a property, land demarcation remains the only legally valid solution, in order to know the surface area and the real limits of a property. But delimiting one's land is also establishing one's fundamental right to property. Explanations.
What is the boundary of a land for?
What is the demarcation of a land?
The boundary operation consists of definitively set boundaries between two contiguous lands.
This delimitation or boundary, is concretized by the installation of terminals.
- Bounding can be undertaken with the agreement of all parties involved. In this case, it is said "agreed amicably".
- In case of disagreement, the demarcation is subject to a court decision. It is then called "judicial boundary".
In all cases, an expert surveyor sworn is in charge of the demarcation. By prioritizing the evidence gathered during his investigation, he delineates the properties and writes a Minutes which must be signed by all parties.
The signed boundary report will then be deposited with a notary for publication. The future purchasers of the land will thus be able to be informed of this demarcation.
In case of disagreement leading to the district court, a judgment is then drafted. This document, given to all parties, is also the subject of a land publication.
The usefulness of land markings
The right to property is a fundamental right in France. Its inviolability can be seen in the numerous court decisions taken during conflicts of ownership.
Thus, an encroachment (even limited) on a neighboring property, is subject to strict sanctions:
- financial compensation
- demolition of the encroaching work
Knowing the limits of his property is therefore essential. In these circumstances, referring to the limits indicated in the cadastral plan is quite inadequate.
Indeed, this one can not legally guarantee the limits and surfaces of the properties, its goal being only to calculate the property tax.
The apparent boundaries, fence, fence, creek and other physical boundaries, can in no way guarantee the actual boundaries of the property.
Only the operation of boundary of the ground, thus allows to be surrounded by this definitive guarantee. The purpose of the boundary is therefore to provide information and knowledge of all the rights and obligations related to the property (easements, possibility of extension, etc.).