What are the steps for carrying out a boundary demarcation?

Question

José Manuel Alburquerque · Accepted Answer

Boundary demarcation means establishing exactly where the line between two properties runs and marking it with boundary markers. First you need to gather the title deeds, the land registry extract (“nota simple”) from the “Registro de la Propiedad”, the Land Registry, as well as the certificate issued by the Cadastre (“Catastro”). Then commission a qualified professional to draw up a plan of the boundary with coordinates. With that plan, the simplest course is to sign an agreement with the adjoining neighbours before a notary and register it. If no such agreement is signed, there is also a procedure before a notary for properties registered at the Land Registry and another in the courts for those that are not, which only result in the boundary being demarcated if no neighbour objects. If a neighbour objects, the remaining option is a court claim, after trying to reach an agreement as the law generally requires. What Catalan law says The “Código Civil de Cataluña”, the Catalan Civil Code, recognises the owner's right to demarcate their property and put in boundary markers, along the whole boundary or part of it. Other holders of rights over the property, such as the usufructuary, also have this right. The owners of the adjoining properties must be summoned and the ownership and area of the property must be proved. If it has to be decided where the boundary runs, the law sets out these criteria: If the sum of the areas stated in the title documents does not match the area that actually exists, the difference is shared out proportionally. If there are no title documents that can serve as evidence, the basis is what each party possesses. If that still does not settle it, the disputed area is divided equally. The costs of the boundary demarcation are paid by the parties concerned, unless it is carried out in court proceedings, in which the court decides on costs. The law sets no time limit for requesting a boundary demarcation. In most of the rest of Spain, the Spanish Civil Code (“Código civil”) follows similar criteria. The steps Gather the title deeds and the land registry extract, which is the summary issued by the Land Registry on the property. Also ask for the cadastral certificate, the Cadastre's document with the description and plan of the property. Commission a qualified professional, such as a land surveyor, to draw up a plan of the boundary with coordinates, what is known as a georeferenced plan. It should compare what the title documents, the Land Registry and the Cadastre say with what is on the ground, such as boundary markers, walls or paths. Try to reach an amicable demarcation. If the neighbours agree, the agreement is signed with the plan, preferably as a public deed, the boundary markers are put in place and it is taken to the Cadastre and the Land Registry. If the property is registered at the Land Registry, you can carry out the demarcation procedure before a notary, who summons the adjoining owners. If any of them objects, the notary closes the file. If the property is not registered, there is a similar procedure at the court for the place where the property is located. If anyone objects, it is also closed. If no agreement is reached, the remaining option is a court claim for boundary demarcation, which can be combined with a claim for the strip occupied by the neighbour. Before filing it, the law generally requires an attempt to reach an agreement, for example through a written proposal or mediation. With the agreement, the completed procedure or the judgment, the boundary markers are put in place and the result is recorded at the Land Registry and the Cadastre. A boundary demarcation fixes the line between two properties. If what does not match is the number of square metres of your property in the deed, the Cadastre and the Land Registry, without any dispute with the neighbours over the boundary, what is needed is to correct the description of the property, not a boundary demarcation. The procedures before a notary and in the courts are national ones and are the same throughout Spain.