The division of real property

The division of real property performed by surveyor is an essential element of real estate management. The preparation of the plot division project is to serve the effective use of the potential of real estate, taking into account the requirements of the construction law and the provisions of the law on spatial planning and development.

The investment process associated with real estate is stretched in time. Decisions taken at the stage of real property division will show off often at the time of applying for a building permit or during the sale of real estate. Therefore, taking into account these aspects already at the stage of pre-project division will allow for the correct and optimum use of separate parts of real estate in future.

The purpose of geodetic division of the plot of land is the detachment of at least two or more new plots without changing their current owner or perpetual usufruct holder. Change of owner or land user takes place after transfer of ownership mostly in the form of notarial deed or final judgment of the court. The geodetic division of the real property is a necessary stage of the investment process, which aims to achieve a specific, proper configuration of terrain covered by investment.

The procedure for performing geodetic division of real property can serve the purpose of obtaining the possibility of disposing the property right in future in respect of part of the original real property (planned sale of real property, donation, etc.)

The procedure for making geodetic division of the plot of land involves physical division of the registered plot of land into parts, upon determining the borders of the division and preparing technical documentation required under separate provisions. This procedure includes:

  • preliminary division design (requires opinion of the head of village, mayor or city president),
  • assessment of compliance with the provisions of the local spatial development plan (or with the terms of development conditions decision and land development in the absence of local plan),
  • protocol of activities at the acceptance of boundaries
  • division plan with the projected boundaries of the detached parts of the plot, drawn up by a land surveyor,
  • final decision on the real property division (issued by the head of the village, the mayor or the city president),
  • elevating and showing boundaries to parties to the division proceedings in the field by land surveyor,
  • clause confirming the receipt of division documentation by the County Documentation Centre of Geodesy and Cartography,
  • making changes to the land and buildings register,
  • obtaining contour map from the land register in order to make an entry in the land register, or sign the notarial deed.

As you can see from the above statement, the procedure associated with the division of real estate is long and depending on the case may last from 3 months to even several months.