Use case: A formal description of subdivision - The
Slovene Cadastral system case (SI)
Legend: Class,
Actor, Activity and Sub-activity, Attribute
Activity
|
A subdivision of real property
submitted, verified, approved, carried out and registered in the Slovene (SI)
Cadastral system and Land registry. |
General context
|
The owner sells out a parcel
to the buyer, which is a subdivided
part of his real estate. |
Special context
|
The
transfer of ownership of a whole parcel means only a change of title
registration and is carried out between the owner
and the Land registry directly. In
such cases the re-establishment of boundaries in the field or setting up the
definitive boundary points is optional. The competent authority may perform
land consolidation project, construction project (municipality) or/and
expropriation process. Remark: the amalgamation of parcels is also considered
as a special case of subdivision process. |
Trigger event |
The owner
or the competent authorities forward
the request for a subdivision realization to the chosen responsible surveyor (company), who carries it
out officially. |
Pre-conditions |
1.
The owner selects a responsible
surveyor (formally called the responsible surveyor for geodetic
services), who prepares a detailed description of the foreseen subdivision with accordance to the Real Estate
Property Bill (subdivision permission,
Expropriation Act and Consolidation Act) and/or a Spatial Planning Act
(municipality). 2.
One or
more appropriate administrative units
of the municipality concerned must
issue a subdivision permission, which
is always a precondition needed to
carry out any subdivision of real estate. 1.
In the case of non-definite boundaries around the real property,
which is subdivided, a simultaneous process of setting up the definitive boundary points for parcels (partial or
complete) must be executed in parallel to the process of subdivision. |
Collateral |
1.
The owner and the buyer
make (with possible legal
assistance) a sale contract (purchase
deed), which they agree upon and sign. 2.
The buyer settles
the real property sales tax to the municipality
concerned. 3.
The
appointed notary checks and verifies
the sale contract (deed valid and
signed, subdivision completed, real property sales tax collected etc.). |
Actors (active) |
Buyer, Cadastral authority, Responsible surveyor, Land registry, Owner |
Actors (passive) |
Holders of rights in the unit, Local authorities, Mortgagors,
Municipality, Neighbours, Notary |
Other systems
|
Municipal information system, Real
property sales tax register, Register of
buildings, Register of territorial units (addresses),
Register of population |
Classes |
Application, Boundary, Boundary
point, Boundary segment, Contract, Decree,
Fee, Inscription, Lot,
Notice, Owner,
Parcel, Real
estate, Report, Property right, Provision,
Subdivision, Subdivision permission, Surveying company, Responsible
surveyor |
Sequential
sub-activities |
1.
The actual owner (seller) submits the
application (request) for subdivision to the selected responsible surveyor (company), who checks, accepts
and registers it (identification, date). 2.
The responsible surveyor collects the required data (regulations,
detailed cadastral map, ownership data, encumbrances,
easements etc.) from the owner, Cadastral
authority, Land registry, Municipality etc. 3.
The responsible surveyor submits a request
for subdivision permission (with a
proper copy of a detailed cadastral map) to the appropriate administrative units of the municipality concerned, which issues the required subdivision permission. 4.
The responsible surveyor investigates (analyses) data and prepares
a specific strategy (workflow) for
each case (conditions and circumstances). 5.
The responsible surveyor carries out the process of subdivision (boundaries marking, measurements
and the arrangement of boundaries in the field). 6.
The responsible surveyor elaborates a detailed
report about the subdivision (lots
established and measured boundaries, in the national co-ordinate system
defined definitive boundary points,
agreements etc.) and also prepares
a subdivision invoice. 7.
The actual owner (seller) pays the subdivision
costs to the responsible surveyor. 8.
The responsible surveyor delivers detailed
report (documentation, cadastral map
and enclosures) to the owner. 9.
The actual owner can also
authorize the selected responsible surveyor
to carry out for him the formal process of subdivision registration. 10.
The actual owner (or
authorized responsible surveyor) submits in a due period a formal request for
the inscription of new parcel together with a detailed report to the Cadastral
authority (within six months from the last field measurements). 11.
The actual owner (seller)
also covers the expenses for the formal inscription of subdivision. 12.
The Cadastral authority
performs the formal audition
(revision) of the case, regarding the fulfilment of various conditions and
the technical quality of the detailed report. 13.
The Cadastral authority
completes also the formal process of the definitive
boundaries approval and registration. 14.
The Cadastral authority issues the case approval, which is a written
provision to the owner (or authorized responsible surveyor) and to the Land registry. 15.
The Cadastral authority updates the cadastral
database (DBMS) and also sends
the relevant data regarding the subdivision to the Land
registry. 16.
The actual (new) owner (or
authorized responsible surveyor) must
submit in a due time a formal
request for the registration of title
of new ownership together with the verified sale contract
to the Land registry (within one
month for legal persons or up to six months for physical persons from the
date of the verified contract). 17.
The actual owner covers the expenses
for the title registration. 18.
The Land registry verifies and approves
the case (registration of new parcels, new ownership - title, easements and
encumbrances, other obligations etc.). 19.
The Land registry informs the Cadastral
authority and the owner
(or authorized responsible surveyor)
about the approval and sends a decree to the owner
and to the Cadastral authority. |
Variations |
In the case of expropriation the owner is informed about new boundaries according to an administrative process. If the owner
does not submit the formal request
for inscription to the Cadastral authority within 6 months from the
last execution of subdivision in the field, the responsible
surveyor must perform rollback process (removal of new boundary
marks), which is the burden of the owner. If grant of approval is
dubious (points 3., 12. and 17. above), the request may be rejected or
postponed until the completion of the case. |
Parallel activities |
Land registry updates the Land register database (DBMS). |