Cadastre

Under cadastre, a register, a list or collection of things or situations is understood with spatial reference in general. In a narrower sense, the stands and the land, specifically the real estate cadastre, for the comprehensive register of all parcels ( plots, land ) and the description of a country. In a descriptive part ( property book) and in maps ( property card), the geographical location, the physical structures / properties, the type of use and size are described.

• 4.1 Germany 4.1.1 Examples

• 4.2.1 Empire of Austria
• 4.2.2 Today's Austria

Term and quite historical development

Cadastral came across the French word cadastre into German and will be returned to Etymologically, the Greek word ( κατάστιχον katástichon " list, register, account book "). The word takeover is catastrum about the Middle Latin word law, this in turn on a Latin word capitastrum " head tax register ". The catasta (Latin for " stacks, shock, quantity " ), was used for a display stand for exhibition marketable slaves, so a list of slaves offered.

After the French Revolution the introduction of a land tax was created a the exact dimensions of the surface land reproducing directory in France for the purpose. Previously, the state had an estimated system or with a declaration system in catching pieces of land - probably because of the " tax reduction will" of the owners - failed. From 1798 have therefore been the first time all surfaces, including the formerly the Church and the nobility belonging, measured and recorded in a register.

1808 Napoleon ordered for the left bank of the Rhine, a general land parcel in order to build a property tax register. This procedure joined in 1819 the Kingdom of Prussia with this regulatory instruction to. From about 1822 to 1835 the whole of the western provinces were measured according to the affixed by the landowners boundary markers and systematically recorded in the Rhenish- Westphalian Urkataster. In the eastern provinces dominated by the nobility, the nationwide survey and detection could be enforced with an issuing this law until May 21, 1861.

The land they say in Austria, Switzerland and parts of southern Germany. Survey Office is common throughout the German-speaking world, mainly in the north of the land registry office. Any other systematic collection and preparation of similar items can be referred to as land, a tree register or wine cadastre. As in ( Liegenschafts ) cadastral there is usually a graphical part (Plan) and a directory ( index ) - the latter is now usually performed as a database in the form of a geographic information system.

Establishment of a cadastre

Components

Main components of the cadastre are the

• Cadastral Buchwerk
• Cadastral map series
• Cadastral figures
• Other descriptive information

The cadastral book work includes, among others, the designation of the parcel according to district, corridor and parcel number, location ( address), the actual usage and the size of the parcels. In addition, the registered owner in the land register, land register and the page number are shown for information only.

The cadastral map series consists mainly of the cadastral map and agriculturally usable land at presence of the estimation map of the official soil evaluation. Here are at least the spatial position, shape and boundaries of land parcels, the parcel numbers, the buildings, the types of use that corridor or district boundaries and street names displayed. Often, more information, such as topography, Won names and survey points are shown.

The cadastral number work includes the survey plans, coordinates and coordinate calculations of all substantiated in cadastral surveying, boundary, building and topographical points and evidence of surface determination. Due to the chronological update of the perennial be stored cadastre boundary and survey points can be investigated locally when needed and missing Vermarkungen or backups are restored. The combination of two boundary points forming a parcel boundary.

Other descriptive information such as the approvals of the property boundaries by the owner (border negotiation, border transcript ) after previous continuation ( division or limit recovery).

The book and map work of the real estate cadastre can be seen today as an integral part of a country or geographic information system (GIS). It provides basic geodata official.

Continuation

Continuing is understood that the land is subject to permanent update. Typically a continuation is provided by a local measurement. These include separation or division surveys, boundary determinations or limit recovery and Gebäudeeinmessungen, and also the updating of the cadastre for a land division processes (eg land consolidation process, land reallocation procedure).

However, it is also possible continuations without local measurement. These include the separation ( separation of a parcel in the map ), the fusion of two parcels, as well as corrections to the area size or the type of use.

Continuation of surveys may be carried out by this trained individuals. These are mainly the respective Kastaster or Surveyor's Office and the publicly appointed surveyors. This, however, different rules are given in the provinces.

Terms and public land registries

The real estate register can be viewed by anyone who sets a legitimate interest. The possibility of using the citizen mainly comprises the provision of information from the official real estate map (hall card statement, for example, for planning applications ) or from the Automated Property Book ( ALB - extract ). All uses of land registration cost charges.

Other sites ( for example Publicly surveyor and duly empowered civil engineers ) can also obtain extracts from the cadastral figures issued. This, for example, for making an official site plan, and will apply for a land division or a planning application.

Measurements for the / cadastral

Cadastral surveys may in German-speaking only through offices and publicly appointed surveyors ( in Germany obvi, in Austria by Zivilgeometer ) are executed. This charge fees for the amount of which is specified in the respective tariff.

Land surveys are required, for example for:

• Surveying of buildings
• Notarization and legalization of various applications
• Border certificate, results of border negotiations. The border certificate is required, for example with banks and other lenders
• Land Association
• Division of land for the formation of new construction or land
• Acquisition ( for example, old plans ) in the real estate cadastre

History of the cadastre

Shown on the territory of Prussia:

Statement IX: Same as Verm.Pkt. instruction I

The data of the cadastre ( with the exception of the area) then take final part of the public faith of the land register.

National Features

Germany

The real estate register is the official directory of the parcels within the meaning of § 2 para 2 Grundbuchordnung ( GBO ).

In Germany, the surveying law countries law. There are different depending on the state regulations for the management of the cadastre ( in the form of surveying laws, regulations and surveying surveying decrees ). Registrations and changes of cadastral documents ( plan and property register, or real estate map and book) must be reported to the Land Registry.

The cadastral plan (including real estate map or plat called ) enjoys in connection with the surveying documents the real estate cadastre regarding the location / expansion of the land public faith, and thus the statutory presumption of correctness ( provisions on this in § 892 BGB and in the land registry ( GBO ) are the nationwide valid). The Land Register information only run entries ( location, size, use ) do not participate in public faith. In the Land Register, the public faith restricted in accordance with its intended purpose of rights and burdens of the property.

It should be noted that in particular the size, the recorded use ( Wirtschaftsart ) and the buildings shown not attend the public faith. That is, from the registered in the cadastre and land registry area size does not give you that the parcel actually has this size. However, the good faith is protected in the correctness of a given in the cadastral map, incorrectly drawn parcel boundary.

Regarding the data exporting legislation has been largely standardized in order to ensure cross-national data delivery can. In most provinces, the Ministry of Interior, the Ministry of Finance or the Ministry of Economy is responsible.

The land is managed by the competent cadastral or land surveying office. The land is the official list in the sense of § 2 para 2 ( GBO ) dar. It therefore serves to secure the property.

Examples

• Tree register
• Cemetery land
• Green space land
• Road cadastre

Austria

In Austria, which is regulated ( the ) land surveying pursuant to law federally and by the 41 survey offices ( land registries ) of the BEV out. Register land made ​​on the basis of public documents, which are usually of Consulting Engineers of Surveying (equivalent to the publicly appointed surveyor ÖbVI in Germany ) are created. An excerpt from the cadastre is available via the Internet, in the land surveying offices or at Engineering Consultants for surveying. In the land comes with the following:

• Coordinates directory is used for determining the position of fixed points and property boundaries
• Plans and aerial photographs Ersichtlichmachung of current facts, such as road building
• Cadastral map, the graphical representation
• Land Directory: Land Registry body with land, plot number ( Gdst.Nr. ), type of use and usage sections ( plots)

Empire of Austria

A first attempt to capture the land in Austria, was under Maria Theresia ( 1740-1780 ). With the patent of September 5, 1747 decreed the control and collection of stately or Dominikalgrund and peasant or rustic surface. The file material on this regulation was the cadastre. Emperor Joseph II 1785-1789 arranged on 27 July 1784, the creation of Joseph II cadastre in all hereditary lands. This cadastral system, the oldest establishment and demarcation of municipal boundaries and detention of the corridor or Ried name was given. However, this land aroused strong opposition and had in 1790 under Leopold II need to be canceled. He remained until the introduction of the next cadastre preliminary foundations for the basic tax collection. The first complete cadastre was created on the basis of property tax patent of 23 December 1817, Emperor Francis I: the Franziszeische register. Its original name was property tax cadastre, because he represented the main basis of the basic tax. However, he also contributed to the construction of the basic books in Austria and the successor states of the Austro -Hungarian monarchy.

Today Austria

By surveying Act of 1969 of the cadastral boundary was introduced. Since 1975 the land database was created by digitization, and since 1989 is the digital cadastral map ( DKM ) in operation.

Switzerland

In Switzerland, is common for the cadastral land register the name.

France

In France, there are two types of land: Alsace -Moselle (German Alsace- Lorraine), and France de l' intérieur (Eng. " inside France "). When the province of Savoy belonged to the Kingdom of Sardinia, it was from 1730 a register, which was after the final connection to France (1860 ) is replaced by the Napoleonic cadastre of 1848.

The biggest difference is historically justified. After the Napoleonic cadastre (up to 1813) was not included in the continuation of the map series. After 1871 the kingdom country Alsace- Lorraine learned a cleanup of the cadastre by Prussian Art A basic book ( livre Foncier ), the demarcation of land ( abornage ), surveying scriptures ( fichiers cadastraux ), real estate book ( Matrice de rôle ) are from this period in the field of Alsace ( Bas- Rhin département, Haut-Rhin ) and parts of Lorraine ( Moselle ) own.

A public faith in the land registry does not exist. Throughout France, the state does not guarantee the property. Hedging the owner happens inside France on notarial contracts.

Another special feature is the publication of cadastral documents without existing in other countries ' legitimate interest.

Brazil

In Brazil, there are different conditions for the rural and the urban areas. For the rural land there since 2001, a law which converts the previously existing tax registers in a property register, while the boundary definition on uniform national coordinate prescribes (coordinate cadastre ). In the cities of the land is used only for tax purposes. The Land Registry, which exists due to lack of land registry compulsory only for a portion of private land ownership, enjoys no public faith, but it is only the correctness conjecture. Owned taken plots can be converted into a rule after five years by entry in the land register in the legal property.