Peter KYSEĽ, Ľubica HUDECOVÁ

Výmera nehnuteľnosti a určitosť právnych úkonov

Kyseľ, P., Hudecová, Ľ.: Land Estate Area and Certainty of Legal Acts. Kartografické listy, 2022, 30 (2).

Abstract: The cadastre of real estate should provide safety and certainty of acquisition and disposal of real estates. If the conditions of its creation and maintenance are ideal, it should contain data on real estates in accordance with their objective properties. In practice, there could be differences between the contents of the cadastre and the real state. One of these differences is the area of real estate. The rules for the calculation of areas changed repeatedly in the past, because the cadastre was built on the basis of the older land evidence systems. From the normative point of view, the existence of the difference of areas between the contents of the cadastre and the real state is allowed, the rights protection is provided by the legal institute of plausibility according to the current legislation. There are maximal allowed differences for areas, which are not considered as errors. The size of the maximal allowed differences is given by the quality of the cadastral map. The precision, reliability, plausibility and obligation of areas is not only technical problem, but also legislative and social. The areas are subject to many uncertainties and questions for a long time. The aim of the paper is to explain technical conditions of the calculation of real estate areas and to look at the reliability of the areas in the historical context with the creation of maps. It is also explained when the land estate area is plausible and why the land estate area does not belong to the obligatory data of the cadastre. The reader can assess the extent of certainty of legal acts, which are offered by the cadastre nowadays.

Keywords: cadastral map, positional precision, land parcel area, plausibility, obligation, cadastre of real estate