What is the difference between a Report of Boundary Determination and a Report of Demarcation?
A question we receive almost daily: what is the difference between a Report of Boundary Determination and a Report of Demarcation?
The basis of this is quite simple, and to avoid unnecessary complexity, we will limit this explanation accordingly.
A Report of Boundary Determination primarily concerns the boundary investigation where the land surveyor researches the location of the boundaries.
A Report of Demarcation also involves the actual materialization of these boundaries, physically on-site. This is usually done with boundary markers that are anchored into the ground.
In most cases, a Report of Demarcation is preceded by a boundary determination, but it can also be based on a mutual agreement between the parties.
A Report of Demarcation is always a contradictory act between two owners where they mutually agree on the position of the boundary.
In contrast, a boundary determination can be a unilateral process and is always based on recovered plans such as old land surveyor plans, subdivisions, the atlas of local roads, building line plans, notarial deeds, etc.
All these data sources are weighed against each other based on evidentiary value, their chronological order, contradictoriness, etc., until a correct legal boundary determination is achieved.
Every landowner may demand demarcation from their neighbor in accordance with the legislation.
Three conditions are attached to this.
- It must involve adjacent properties or parcels.
- The parcels must belong to different owners.
- No demarcation has taken place in the past.
This claim is not subject to a statute of limitations, and persons with real property rights such as usufruct, right of use and habitation, long-term lease, or building rights can also demand demarcation.
The land surveyor-expert with a LAN number is the only person authorized to perform these activities, provided that they are registered on the Table of land surveyor-experts at the federal council of land surveyor-experts.
However, the parties may enter into a mutual agreement regarding the location of the boundary between their properties, which can then be recorded in a Report of Demarcation. Mutual consent is a requirement to achieve a demarcation.
Please feel free to contact us if you have any further questions regarding this.
A Report of Boundary Determination primarily concerns the boundary investigation where the land surveyor researches the location of the boundaries and represents them visually on a plan.
A Report of Demarcation involves an investigation into the boundary with the actual materialization and the contradictory recording of these boundaries, physically on-site. This is usually done with boundary markers that are anchored into the ground.