Until the beginning of this century, it was common for a rural plot of land to be purchased by eye. The boundary was determined by the position of a wall, or ran from one tree to the next. No wonder this sometimes fueled neighborly disputes that you wouldn´t even wish on your worst enemy.
Since 2015, technical procedures have been introduced to prevent this by making corrections more readily available.
Fortunately, topographers and registries have increasingly accurate tools at their disposal to avoid this scenario.
For example, the fiscal Cadastre previously used aerial photographs to record parcels in their register, and the Property Register was limited to displaying only verbal text. This has led to numerous discrepancies that are easily traceable and correctable with current technical means. Today, both registries and notaries use georeferenced coordinates. These coordinates are displayed in an automated file used by all three institutions; The GML file: the Geography Markup Language. The Alternative Georeferenced Graphical Representation (“RGA”) also plays an important role in the request for surface area correction.
The Alternative Georeferenced Graphical Representation (RGA) of a property is a georeferenced plan prepared by a qualified technician and provided to the Land Registry when there is a discrepancy between the actual square meters recorded by this technician using coordinates and the registration in the Land Registry.
If discrepancies in the published size of a plot are discovered in the run-up to purchasing or selling a plot, the solution is as follows:
- Hire a topographer to measure the property and obtain a technical report.
- Compare the technical report with the data from the fiscal Cadastre and the Property Register to determine which is incorrect.
- If the error is in the fiscal Cadaster, the plans, registration certificate, and cadastral error correction form must be submitted to correct the error.
- If the error is in the Property Register, a fiscal cadastral certificate, or a notarial procedure, or declaration must be requested, depending on the degree of discrepancy.
- If both registers are incorrect, the accuracy and legitimacy of the information to be corrected must be demonstrated, either with a historical cadastral summary or with the consent of the neighbors.
An error in the registered data in the fiscal Cadastre can be resolved by initiating a “Correcting Discrepancies” procedure.
The steps of this correction procedure are as follows:
- Initiation agreement
- Notification to the owners of the adjacent properties
- Taking note of the opinion of the aforementioned interested parties
- Registration of the correction in the event of mutual agreement.
Resolving an error in the published size of a plot of land in the Property Register depends on the percentage by which the registered size is actually exceeded.
For example, if the square meters we wish to correct are less than 10% of the actual size, it is not necessary to have a correction made by a notary; the procedure can be carried out with a fiscal cadastral certificate.
Procedure at the Property Register for correcting incorrect size:
- Location information (street name or house number) or difference in surface area less than 5% of the Property registry: report to the Property Register in a notarial deed.
- Difference in surface area greater than 5% of the registered size: descriptive and graphic fiscal cadastral certificate.
- Difference in surface area greater than 10% of the registered size: correction by means of a specifically designated notarial deed.
It is strongly recommended that these correction options be assessed by an expert familiar with the procedures of all relevant authorities. The subject of this advice determines the scope of a significant financial transaction, which is not typical of everyday life. It would be better not to cut back on that.