Official Gazette of Republic of Macedonia no.118, date from 19 September 2008
AGENCY FOR REAL ESTATE CADASTRE
Pursuant to Article 57 of the Law on Real Estate Cadastre (”Official Gazette of
Republic of Macedonia” No. 40/08) the Management Board of the Agency for Real Estate
Cadastre adopted
RULEBOOK
ON THE MANNER OF RESTITUTION, DEMARCATION AND CHANGING THE
BORDERS OF A CADASTRE MUNICIPALITY WITH ESTABLISHED LAND CADASTRE
SUBJECT TO SURVEY
Article 1
This Rulebook shall prescribe the manner of restitution, demarcation and changing
the borders of a cadastral municipality with established land cadastre, subject to survey.
Article 2
(1)Restitution and demarcation of the borders of cadastre municipality with
established land cadastre subject to survey (hereinafter “CM”) shall be done by the
Committee for Restitution and demarcation of the borders of CM (hereinafter:”Committee”).
(2)The Committee from paragraph (1) of this Article shall be established by the
Director of the Real Estate Cadastre Agency (hereinafter the “Agency”). The Committee is
comprised of 03/three experts in the field of geodesy, employed in the Agency.
(3)The Committee from paragraph (1) of this Article shall issue a report and scheme
for the performed restitution and demarcation of the borders of CM.
Article 3
(1)Restitution and demarcation of the borders of CM shall be carried out in
compliance with the performed inspection into the factual situation of the borders, the
features and landmarks and their comparison with the existing report for demarcation.
Article 4
(1)During the restitution and demarcation of the borders of CM, the Committee from
Article 2 of this Rulebook, in the first place, shall follow the border line on-site and shall
determine the factual situation of the features, signs and shape of the border line.
(2)After the performed tour along the border line, in case if the description of the
border line shall remain unchanged and the situation with the features and signs
corresponds to the situation determined in the Report prepared upon the initial demarcation
of the border, the description of the border line shall be entirely taken as a transcript from
this Minutes.
(3) In case if part of the border line shall not match with the situation, described in the
Minutes prepared upon the initial definition of the border, than this part shall be re-described
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and the rest of the border line shall be taken as a transcript of the Minutes prepared upon
the determination of the border.
(4)If the border line matches with the state described in the Minutes, prepared upon
the definition of the border, and features and signs are destroyed, than the Committee shall
reinstate the features and signs and for the entire border line shall make a transcript of the
Minutes prepared upon the definition of the border, but updated with the indications of the
latest state of the real estates.
(5)In case if the entire border line is changed in regards to the features, signs and
description, the Committee shall restore them all and prepare Minutes for the entire border
line.
(6) The reinstated border line of the CM shall be marked by posting visible and
permanent features and signs on the land.
Article 5
Upon the restitution and demarcation of the borders of CM, the Committee shall set
up the border features and signs according to the following rules:
- The neighbouring features and signs of the border line on the ground shall be
mutually visible;
- The distance between the neighbouring features and signs shall not be bigger
than 500 m, with the exception of cases when the border line goes along natural
or artificial objects (road, river, railway and others);
- On places where the border line intersects across the object which is not wider
than 10m, then a feature and a sign shall be posted prior to or after the border
crossing point of the border line of the CM through the border lines of the object,
depending of the existing conditions on field;
- On the places where the border line of the CM intersects an object which is wider
than 10m, then 02/two features and signs shall be posted on the both sides of the
object on the spot of intersection with the border lines of the facility with the same
number;
- In case if the place for posting the feature and the sign is inappropriate, then they
shall be posted further on, along the border line of the CM on proper suitable
location. The distance from the dislodged feature to the transect on the CM
border line and the object, shall be measured, and if possible, shall be carried out
other measuring from certain fix points on the land. A record of the performed
measuring shall be kept into the Minutes and the scheme for restitution and
demarcation of the CM;
- In some exceptional cases, when on the field there are no condition for posting
features and signs, they are placed outside the border line of the CM and it shall
be recorded into the Minutes and the scheme for restitution and demarcation of
the CM;
- When the border line of the CM goes past from one to other mutual object, in this
particular case, the border point of the CM shall be determined by the transect of
the pivots of the both facilities, and the on field demarcation shall be done with
04/four landmarks and signs posted on the transaction points of the objects’
border lines
and
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Official Gazette of Republic of Macedonia no.118, date from 19 September 2008
-
When the border line of the CM goes past low ingrown forest (bushes or similar)
and in order to provide visibility between the neighbouring milestones, it shall be
additional cleaned, that is, intersects the bend in width of 2 m.
Article 6
(1)Border points are marked with steady and visible landmarks and signs with centre
of the landmark marked.
(2)The landmarks can be made of concrete, natural stone or marked on natural rock.
(3)Concrete landmarks shall have the following dimensions 0,20m x 0, 20 m x 0, 70
m and shall fit into the land 0,60m, and above the land 0, 10 m.
(4)The landmarks made of natural stone are with processed head with dimensions as
follows 0,20m x 0,20 m x 0,10 m, and the length of the landmark is 0,70m, and shall be
posted in the same manner as the concrete landmark.
(5)The landmarks on natural rock are marked with dimensions 0,20m x 0, 20 m x 0,
10 m.
Article 7
(1)The border landmarks are numerated consequently from three-boundary-point to
another three-boundary-point, with Arabic numbers starting from 1 and further on.
(2)The border points representing the three-boundary-points, four-boundary-points,
or several-boundary-points, are not numerated, but are marked with initial letter of the name
of the cadastre municipality.
(3)Double border landmarks of the joint objects, are also numerated with the same
numbers.
(4)All border points between two of three-boundary-points and four-boundary-points
are marked with Arabic numbers from 1 subsequently, as many as there are.
(5)Border landmarks belonging to the pairs of double landmarks for two joint objects,
are marked with two figures divided by hip-hen.
(6)The border landmarks, embossed between two permanent landmarks, carry the
number resembling to a fraction, in which the number from the previous landmark (with
smaller number) is the numerator, while the dominator is the number of the inlaid
(interpolated) landmark, starting from 1 and further on (for instance: between the landmarks
No.12 and 13, 03/three landmarks are being inserted, which shall have the following
numbers 12-1, 12-2 and 12-3). In case if a new landmark shall be inserted between already
inserted landmarks, than to the number of the previous landmark in the denominator are
inserted small letters from the alphabet (for illustration: between 12-1 and 12-2 two new
landmarks shall be inserted and they shall have the numbers as follows:12-1a and 12-1b).
Article 8
(1)Report for restitution and demarcation of the CM shall be written on-site and shall
contain the following data:
- the name of the CM which borders are being reinstated and demarked, brief
description and main features (characteristics) of the district and the area of the Cadastre
Municipality; estimate area of the CM; main cadastral cultures, general topographic
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description of the terrain, the position and nature of the residential area (town, village
similar) and the number of blocks of buildings;
- description of the place and the three-boundary-point, along with the names of the
owners of the neighbouring parcels, as well as other data that can be used for indubitable
identification of the three-boundary-point.
- description of the break points on which the border stone is posted, the break angle
between the previous and the next direction of the border line in the direction of its
restitution and demarcation;
- direction of the border line according to the sides of the world, with data if the line
between two landmarks is straight, curved or refracted, spreading of the line upwards and
downwards;
- type and number of the landmark of the break point of the border line and whether it
is double, triple or similar;
- detailed description of the border line from one landmark to another, i.e., places
along which the border line goes past such according to the cadastre, cultures (crops) and
field configuration and whether the border line passes through the middle of the permanent
objects, or along one of the object’s sides;
- distance between the landmarks defined in steps, or by free evaluation
(assessment);
and
- signatures of all Committee members after the performed restitution and
demarcation of the border line from one three-boundary-point to another.
Article 9
(1)Scheme for restitution and demarcation of the CM shall be made on-site and shall
be prepared on high-quality drawing paper, in scale of 1:10000 to 1:25000, depending on
the size and shape of the CM. Upon the preparation of the scheme shall be used data for
the measured distances (assessment by eye or in steps) and the refracted angles.
(2)Scheme from paragraph (1) of this Article contains the following data:
- drawing of the border line and landmarks with their attributes and figures, as well
as objects the border line passes by or intersects, sketch of the main traffic
communications, watercourses, specific noticeable objects (trigonometric points, attributes
with pyramids, high reservoirs, churches, mosques and similar), contours of the district,
major complexes of cadastral cultures or vegetation with topographic signs;
- geographic names of the districts, watercourses, specific places and the names of
the neighbouring cadastre municipalities
and
- the name of the neighbouring state to the CM on the borders of which the restitution
and demarcation shall be done.
Article 10
(1)Borders of the CM, subject to survey in the function of systematic registration of
the rights to real estate, according to the rules shall match with the initially established CM
border.
(2)An exception from paragraph (1) of this Article when some parts of the
neighbouring cadastre municipalities belonging to the same unit of Local Self-Government
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Official Gazette of Republic of Macedonia no.118, date from 19 September 2008
are gravitating towards the CM-subject to survey, then measuring of the borders of the CM
shall be done.
(3)Changing the CM border stipulated in paragraph (2) of this Article shall be
conducted by the Committee from Article 2 of this Regulation, in compliance with the SelfGovernment Unit, obtained upon a request of the Agency.
Article 11
The Regulation on the manner of restitution and demarcation of the borders of
cadastre municipality (“Official Gazette of the Republic of Macedonia” No.35/87), shall
cease to be valid on the day of entry into force of this Rulebook.
Article 12
This Regulation shall enter into force the following day from the day of its publication
in “Official Gazette of the Republic of Macedonia”.
No. 01-13009/1
Date: 16 September 2008
Skopje
THE PRESIDENT OF THE
MANAGEMENT BOARD
Slavce Trpeski
_____________________________________________________________________________________________
I, the undersigned, Biljana Mitovska, herewith certify the fidelity of the translation from MACEDONIAN into ENGLISH of the
document enclosed: Regulation on the Manner of Restitution, Demarcation and Changing the Borders of a Cadastre
Municipality with Established Land Cadastre-Subject to Survey. The translation is in full conformity with the original
document and consists of 5 pages.
Date: September 23, 2011
Sworn translator from English into Macedonian Language and vice-verse in the Basic Court Kriva Palanka
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