1. Determining the boundary 1.1 General When determining the boundary, it is necessary to know its correct location. If the boundary is not recognized by adjacent owners, an investigation into the actual location of the boundary will be undertaken to establish this in an adversarial manner. Boundary determination or demarcation can be described more simply as the determination of the dividing line between two properties. Here we talk about delimitation in the same sense as determining the border, there is a difference, but this distinction is not made in the Civil Code. We speak of demarcation when the exact location of the border is known and it is possible to materialize it through border posts. Materialization is called definition.2. The delimitation 2.1 General informationThe purpose of the delimitation is to establish the line of demarcation between construction sites in a permanent and visible way. To do this, however, the correct location of that line must be known and recognized by the owners involved, otherwise it will be necessary to search for the boundary line in advance and determine it contradictorily. This last operation can be called determination of the boundary, while the physical placement of the poles on the line thus determined can be called actual delimitation. The code does not make this distinction and only talks about demarcation. In both cases this means both the determination of boundaries and the actual delimitation. (H. Van Bever, 1975) In the Civil Code, demarcation is classified as easements or land services, but demarcation is not a legal easement. The delimitation falls under improper easements. However, these are subject… halfway through the document… three previous requirements are met and then the delimitation request will be admissible. Of course he must also demonstrate that he possesses the required capacity, i.e. that he is the owner. The defendant may reject the demarcation request if it can demonstrate that a demarcation has already been carried out, for example where there are posts or separators. who testify to it. In some cases a new delimitation may be requested even after a previous delimitation. If a boundary relationship exists and the posts have disappeared, they can be replaced again according to the existing relationship. If more than 30 years have passed since the disappearance, the accused can argue that the official report has lost all value, then a new delimitation can be ordered. (Van Bever, 1975)Works CitedVan Bevervlm
tags