On the Basis of Article 65 of the Law on Real Estate Cadastre („Official Gazette of Republic of Macedonia”, No
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On the basis of article 65 of the Law on Real Estate Cadastre („Official Gazette of Republic of Macedonia”, no. 55/13), the Steering Board of the Agency for Real Estate Cadastre has enacted REGULATION FOR THE MANNER OF CHANGING THE BOUNDARIES OF THE CADASTRE MUNICIPALITIES AND FOR DETERMINING THE CADASTRE MUNICIPALITIES WHICH ARE MAINTAINED IN THE CENTER FOR REC SKOPJE AND THE SECTORS FOR REAL ESTATE CADASTRE IN REPUBLIC OF MACEDONIA Article 1 This Regulation hereby prescribes the manner of changing the boundaries of the cadastre municipalities, as well as the determining of the cadastre municipalities which are maintained in the Center for Real Estate Cadastre – Skopje and the Sectors for Real Estate Cadastre in Republic of Macedonia. Article 2 (1) For the purpose of changing the boundaries of the cadastre municipalities, the Government of Republic of Macedonia shall enact a decision. (2) The decision stipulated in paragraph (1) of this article shall be enacted by the Government of Republic of Macedonia at the proposal of the Agency for Real Estate Cadastre (hereinafter referred to as: „„the Agency„„). (3) The Agency is to submit the proposal stipulated in paragraph (2) of this article along with a geodetic report for survey of the boundary line, produced under ex officio procedure by experts employed at the Agency. Article 3 (1) The Agency is to submit a proposal decision for changing the boundaries of the cadastre municipalities in cases when, under a procedure of ex officio, it is identified that the actual condition/status of the boundaries of the cadastre municipalities is changed and does not comply with the boundaries drawn on the cadastre maps. (2) The inconsistency in the boundaries of the cadastre municipalities stipulated in paragraph (1) of this article, may be due to: - natural change of the boundary (meandering of water flows and similar); - construction of capital infrastructure objects which in part are overlapping and in part are close to the boundaries of the cadastre municipalities; - other cases Article 4 (1) The determination of the actual condition/status of the changed boundary line of the cadastre municipalities (hereinafter referred to as: „„CM„„) and the survey of the same shall be performed by a commission established by the Director of the Agency. (2) The commission is comprised of three geodetic experts employed in the Agency. (3) The commission stipulated in paragraph (1) of this article shall produce a geodetic report for the identified actual condition/status and for the performed survey of the changed boundary line. (4) The geodetic report stipulated in paragraph (3) of this article contains: - Title page; - Content page of the Geodetic Report; - Technical Report; - Report for delimination/demarcation; - Field survey sketch; - List of used data; - Original data from the surveys; - Data for the performed calculations of the boundary point coordinates; - Proposal new condition; and - List of newly obtained coordinates for the points of the boundary line. (5) The form and the content of the title page stipulated in paragraph (4), point 1 of this article is provided in Annex no.1, which is an integral part of this Regulation. (6) The form and the content of the content page of the geodetic report stipulated in paragraph (4), point 2 of this article is provided in Annex no. 2, which is an integral part of this Regulation. (7) The form and the content of the technical report stipulated in paragraph (4), point 3 of this article is provided in Annex no.3, which is an integral part of this Regulation. (8) The form and the content of the report for delimination/demarcation stipulated in paragraph (4), point 4 of this article is provided in Annex no.4, which is an integral part of this Regulation . (9) The form and the content of the field survey sketch stipulated in paragraph (4), point 5 of this article is provided in Annex no.5, which is an integral part of this Regulation. (10) The form and the content of the proposal new condition stipulated in paragraph (4), point 9 of this article is provided in Annex no.16 of the Regulation for survey of real properties. Article 5 After determining the actual condition/status and the performed survey of the changed boundary line, the commission stipulated in article 4, paragraph (1) of this Regulation shall place boundary marks and signs on the geodetic points, in compliance with the following rules: - the neighboring marks and signs of the boundary line of the land should be within a visible range from each other; -the distance between the neighboring marks and signs cannot be bigger than 500м, except in case when the boundary line passes along natural and artificial objects (road, river, railway and other); -in places where the boundary line crosses over an object which is not wider than 10м, one mark and sign shall be placed before or after the crossing of the boundary line of the CM over the boundary lines of the object, depending from the current field conditions; - in places where the boundary line of the CM crosses over an object wider than 10м, two marks and signs shall be placed on both sides of the object at the intersection with its boundary lines which carry a same number; - in case when the place or the location of positioning the mark and the sign is inadequate, the mark and the sign shall be reallocated and placed along the boundary line of the CM in an adequate place. From the reallocated mark, the distance to the intersection of the boundary line of the CM and the object shall be measured, and if there is possibility, other measurements i.e. surveys from specific fixed points of the land shall also be carry out. The data from the performed measurements/surveys shall be incorporated into the report for delineation/demarcation stipulated in article 4, paragraph (4), point 4 and the field survey sketch stipulated in article 4, paragraph (4), point 5 of this regulation; - when the boundary lines crosses from one to another joint/common object, the boundary point of a CM is identified with an intersection of the axes of the two objects, while the marking on the field is performed with four marks and signs placed on the intersection points of the boundary lines of the objects, and - when the boundary line of a CM passes through a low growing forest (bushes and similar), a belt or a buffer zone of 2 meters in width shall be cleaned or cut down in order to provide visibility between the neighboring boundary marks. Article 6 (1) The marking of the boundary points is performed with stabile and visible marks and signs on which the center for the mark is indicated . (2) The marks may be made of concrete, of natural stone and may be marked on a natural rock. (3) The concrete marks shall have dimensions of 0,20м х 0,20м х 0,70м and the same are to be placed in the ground at the depth of 0,60м, and above ground at height of 0,10м. (4) The marks of natural stone are to have a processed head with dimensions of 0,20м х 0,20м х 0,10м, while the length of the mark is 0,70м and is placed in the same manner as the concrete mark. (5) The marks on a natural rock are to be marked with dimensions of 0,20м х 0,20м х 0,10м. Article 7 (1) The boundary marks are to be numerated in sequence from the boundary point where the change on the boundary of the CM begins till the boundary point where the change of the boundary of the CM ends, using Arabic letters . (2) The boundary points which represent a connection point of three boundaries, four boundaries or more boundaries shall not be assigned with numbers but shall be marked with the initial letters of the cadastre municipalities. (3) The double boundary marks of the joint objects shall be numerated with same numbers. (4) All boundary points between two connection points of three boundaries and four boundaries shall be marked with Arabic numbers starting from 1 onwards. (5) The boundary mark that belongs to the pairs of the double marks for two joint objects shall have two numbers divided with a dash. (6) The boundary marks, inserted between two permanent marks shall have numbers in a form of a stacked fraction, where the numerator will incorporate the number of the previous mark (with smaller number), while the denominator will incorporate the number of the inserted mark, starting from 1 onwards. When a new mark is to be inserted between once inserted marks, small letters from the alphabet shall be added to the denominator. Article 8 The report for delimination/demarcation shall be drafted on the spot and shall contain data for: - name of the CM whose boundaries are to be changed, with brief description and main characteristics of the populated place and the area of the CM as well as a list of indications for the cadastre parcels through which the boundary line passes through; – Description of the place and the connection point of three boundaries, with names of the owners of the surrounding parcels as well as other data which may serve for the proper identification of the connection point of three boundaries; – Description of the breaking points on which the boundary mark is placed, the braking angle between the previous and the next direction of the boundary line for renewal and marking of the same; – The direction of the boundary line according to the cardinal directions, with data on whether the line between the two marks is straight, curved or broken and stretching of the line upwards and downwards; – видот и бројот на белегот на прекршната точка на граничната линија и дали истата е двојна, тројна или сл.; – Detail description of the boundary line from one mark to another i.e.