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 subdivision to the chosen cadastral surveyor (company), who carries it
out officially. Depending on the intention of
the subdivision (land use change) additional permissions are needed. |
Pre-conditions |
1. The owner selects a cadastral 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. 3. 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 must be executed in
parallel to the process of subdivision. |
Collateral |
1. The owner and the buyer make 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, Cadastral 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, Surveyor |
Sequential
sub-activities |
1.
The actual owner
submits the application (request)
for subdivision to the selected cadastral surveyor (company), who checks, accepts
and registers it (identification, date). 2.
The cadastral 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 cadastral surveyor
submits the proper copy of a
detailed cadastral map to the appropriate administrative units of the municipality concerned, which issue the required subdivision permission. 4.
The cadastral surveyor
investigates (analyses) data and prepares a specific strategy (workflow) for
each case (conditions and circumstances). 5.
The cadastral surveyor
carries out the process of subdivision (boundaries marking,
measurements and the arrangement of boundaries in the field). 6.
The cadastral surveyor
elaborates a detailed report
about the subdivision execution
(boundaries and lots established,
measured and in the national co-ordinate system defined definitive boundary points, agreements etc.). 7.
The owner pays the fee to the cadastral
surveyor. 8.
The cadastral surveyor
delivers detailed report
(documentation and enclosures) to the owner. 9.
The owner
can also authorize the selected cadastral
surveyor to carry out for him the formal process of subdivision
registration. 10. The
actual owner (or authorized cadastral surveyor) submits a formal request for the inscription of new parcel
together with a detailed report to the
Cadastral authority. 11. 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. 12. The Cadastral authority issues the case approval, which is a written provision to the owner
(or authorized cadastral surveyor)
and to the Land registry. 13. The Cadastral authority updates the cadastral
database (DBMS) and also sends
the relevant data to the Land registry. 14. The Land registry verifies
and approves the case (registration
of new parcels, new ownership - title, easements and encumbrances, other
obligations etc.). 15. The Land registry informs
the Cadastral authority and the owner (or authorized cadastral 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 execution of subdivision in the field, the 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., 11. and 14. above), the request may be
rejected or postponed until the completion of the case. |
Parallel activities |
Land registry updates Land register
(DBMS). |