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.
Depending on the intention of the subdivision (land use change) subdivision permission may reflect the combining outcome of various permissions.

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
activities

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
(candidates)

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).
It might be necessary to establish also the definitive boundary points for new boundaries collateral to the subdivision process.

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
(alternative
scenarios
)

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).