What is a land boundary dispute "special procedure"?

[petbunari]

Below is a link to the text of a Croatian law from 2007 in the Croatian language titled "Zakon o državnoj izmjeri i katastru nekretnina ("LAW ON STATE SURVEY AND THE REAL PROPERTY CADASTRE"):
www.zakon.hr/z/156/Zakon-o-dr%C5%BEavnoj-izmjeri-i-katastru-nekretnina

Attached are texts in PDF file format of the same law in the English language and the Croatian Language.

I have two questions about the law:
1) Is this law from 2007 the most recent law governing "STATE SURVEY AND THE REAL PROPERTY CADASTRE"? If not, what is the current law?

2) Članak 58 (Article 58) in the law states the following:
U slučaju spora oko međa potrebno je međe predhodno urediti u posebnome
postupku.
Međe uređene u posebnome postupku evidentiraju se u katastru zemljišta na temelju
geodetskog elaborata koji se izrađuje na trošak zainteresiranog nositelja prava na
zemljištu.

English translation:
In case of boundary dispute, the boundaries need to be previously determined in a special
procedure.
Boundaries determined in a special procedure are recorded in the Land Cadastre based on the
geodetic report created at the expense of the interested title holder.

What is the "posebnome postupku" (special procedure) talked about in Članak 58 (Article 58)? Is there a written description of the "posebnome postupku" (special procedure), and if so, how and where can I get a copy of it?

Thank you for you help with this.

-- Pet Bunari

Attachments:

Croatia-Law_on_State_Survey_and_the_Real-Es....pdf (215.32 KB)

Zakon-o-drzavnoj-izmjeri-i-katastru-nekretn....pdf (401.16 KB)

[Ribaric]

I don't know is the short answer. Your question is really for an appropriate lawyer although good luck with finding one of those.

I was recently involved in an attempt to resolve a border dispute between two parties. The cadastre (Kataster) and/or gruntovnica are not equipped to resolve these issues in that what is shown on paper and where those borders exist in reality can only be done by an on-site survey. For that, you'll need to order a "geodet" survey from the cadastral office (at the expense of the party who wants it) and they will arrive with theo-satellite equipment and make a clear ruling, on the ground, where the borders are. That should be an end to it. Like the outcome or not, it would be nigh impossible to challenge it.

[amatesic]

Well when you have a dispute, often it also changes the size of the blocks of lands involved, therefore once the geodeter does his work, if the other side does not accept the result he can take the matter to court and you will then need to hire a lawyer. Best to work out on a friendly basis, give in if you have to. I have a client who has spent thousands of euros trying to resolve her border dispute. For her it is very very important as her house is a historically relevant home on the seashore in Zadar and next door wants to build higher and it will block her house's view to a good extend. By the way the next door neighbor had a geodeter forge documents that show that the neighbor owned the wall dividing the houses yet it is evident just viewing the property and from old photographs that the wall was not that of the neighbor. It has taken my client several years of court actions, with sometimes the neighbor winning, sometimes my client winning and then appeals, etc. Now, finally she has found photos through a neighbor that clearly show gates, boarders etc going back some 80 years ... so will win now for sure. But what a headache she has had. Better to get an amicable settlement.

The special procedure ... then change the size of the blocks etc is one you have to lodge at the cadastre and court. Best to have a lawyer take care of all of this for you. That is what I do. I have a reasonably priced lawyer in Zadar and all goes smoothly if no dispute. Trying to do things oneself in Croatia is a pain in the proverbial arse.

[Carol]

What about the geometer-forger? Surely its illegal to forge things and the police should deal with him? isn't forgery a criminal act?

If nothing happens to him, then he'll be able to cause havoc like this as many times as he can find someone to put €100 in his back pocket.