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Type of publication: master thesis
Field of Science: Teisė / Law (S001)
Author(s): Gegieckaitė, Ieva
Title: Ar žemės sklypų ribos gali būti nustatomos pagal faktiškai valdomų sklypų ribas, jei jos pagal matavimo dokumentus nėra tikslios?
Other Title: Can a boundary between contiguous lands be fixed in accordance with the possession, when it is not exactly clear by the survey documents?
Extent: 42 p.
Date: 12-Jun-2008
Keywords: žemė;sklypas;riba;nustatymas;boundary;lands;fixation;posession
Abstract: Darbe išsiaiškinus žemės sklypo ribos sampratą ir jos teisinį reglamentavimą nustatoma kas tai yra žemės sklypo riba.Vėliau įsigilinus į žemės sklypo ribos netikslumo sampratą ir palyginus ribų matavimus reglamentuojančių teisės aktų pokyčius laike, nustatoma kas tai yra žemės sklypo ribos netikslumas. Išnagrinėjus žemės valdymo sąvoką, ištyrus galimybę atsirasti nuosavybės teisei per valdymą ir apžvelgus žemės valdymo įrodinėjimo būdus, nustatoma kas tai yra žemės sklypo valdymas ir kokias pasekmes, bei rezultatus jis duoda. Išanalizavus faktinio žemės valdymo reikšmę atidalinant bendraturčių žem�� ir nustatant žemės sklypo ribą, pateikiama išvada ar žemės sklypų ribos gali būti nustatomos pagal faktiškai valdomus sklypus, kai pagal matavimo dokumentus riba nėra tiksli.
Lithuania had been occupied by the Soviet Union. At that time there was no private property in the Soviet Union and in Lithuania either. When Lithuania became independent its nation chose democracy. Private properties recognition in a legal level was very important part of a new independent countries life. This law branch had to be created almost from the very beginning. But this was not really true. Because it was decided in Lithuania to recognize and restore rights for those people whose property, or whose ancestors’ property had been nationalized by the Soviet Union. Also it was decided to regard those people possession who gained it from the Soviet Union, but who in fact hadn’t done anything wrong. Restoring old property rights Lithuanias legislators at the same time had constantly to integrate developing new ownership tendencies in the world into Lithuanias legal system in order not to get much behind the other countries. Adjusting all these goals was not easy. And there have been some mistakes. This is the main reason why property survey documents are often inaccurate in Lithuania now. The problem arose mostly because of changing laws regulating land and surveys too often. A situation when a boundary in the contiguous lands surveys doesn’t match with each other is quite often in Lithuania nowadays. It is declared, in Lithuanias Civil Code Section 4.45, part 1 that, when there is an argument between the owners because of the boundary of the contiguous lands, the court renders judgment fixing the boundary in accordance with the documents, possession of the parties and other evidence. Masters thesis aim was to find out whether the boundary between the contiguous lands could be fixed in accordance with the possession, when it is not exactly clear by the survey documents? Thesis start with the search what is lands plots boundary and how it is regulated in legal system. Survey shows that a boundary is the line of separation between contiguous lands. It also shows, that in Lithuanias laws plots boundary is not precisely described. Its meaning can be known mostly only from every day language. This gives legal uncertainty. On the other hand, it makes this sphere more flexible and adjustable in different situations. Then thesis analysis focuses on boundaries inaccuracy. The search shows that boundaries inaccuracy definition is not given in laws too. It only can be found in metrologies vocabulary or can be understood by the laws regulating things similar to these norms. Also the search shows, tat inaccuracy of the boundaries between the contiguous lands mostly comes from surveys done according to different laws that has changed during the time period. The outcome according to the laws analysis is done that, land plots boundaries determined during preliminary surveys, later doing cadastral surveys, which are much more accurate, must be left at the same place Boundaries must be fixed, as they were determined during preliminary surveys. In the third thesis chapter is started land possession analysis. Natural possession is the holding of a thing or the enjoyment of a right by some person. Civil possession is the same holding or enjoyment joined to the intent of having the right or thing as his own. Possession acquired and enjoyed in the belief of being owner can serve as a title to acquire ownership. Possession, especially in Lihuania, is hard to prove. People starting possessing land usually think that they are the only claimants to that property. This is why they don’t bother to fix it in any way. When there comes necessity to prove possession people find it hard to do. This is why in Lithuania possession cases are problematic. They are often reversed, remanded and appealed. The last part of the work is focused on land plots boundaries determination in accordance with possession, when they are not clear from the surveys. In the first place it is discussed whether land boundaries can be determined in accordance with possession in partition between co-owners. The outcome is done, that it can be determined in accordance with ex co-owners land possession before their separation. Then it is discussed possession importance determining boundary between contiguous lands. Analysis shows, that West countries recognize, that, where there is a visible boundary and where there has been actual uninterrupted possession, either in person or through ancestors in title, for thirty years or more of the land extending beyond that described in the title and embraced within the visible bounds, then the party who possesses acquires the right to the land beyond their title. In Lihuanias law this norm is a little bit more blown of. Determining not clear boundaries between contiguous lands possession is only one of the factors next to documents and other evidence criteria’s. So when documents are not clear, court will look to other evidence, not only to adverse possession. On the other hand, other evidence, if they are important, will necessarily play its role in other countries courts, having contiguous lands boundaries determination by adverse possession cases, as a general principle, too.
Affiliation(s): Vytauto Didžiojo universitetas
Appears in Collections:VDU, ASU ir LEU iki / until 2018

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