The Supreme Court also recently clarified the issue of determining boundaries of immovable properties. The Court ruled that upon formation of a cadastral unit accurate border relations on the ground should be mapped either by survey or based on plans and maps. The Court found that the lower courts in previous border disputes have exaggerated the legal effect of entries in the land cadastre. This means that cadastral maps should describe the current actual mapping situation, and the actual borders of immovable properties should not be determined by desk survey prepared on the basis of plans and maps.
The judgment is also important as the Supreme Court confirmed that if during the proceedings the boundaries of an immovable property are changed, i.e. part is transferred or acquired, the act is regarded as a disposition of immovable property which requires a notarial real right contract and an entry in the land registry.
Therefore, it is clear that a notarial contract must be signed for transfer of immovable property from one person to another. Otherwise transfer of an immovable property in the process of determination of its borders, a process widely practiced previously, will not be considered lawful.