A new paradigm for boundary demarcation and professional qualifications in Spain

Article presented at the FIG working week in Brisbane, April 8th 2025

Authors: Pedro Jesús Ortiz Toro, José Luis Berné Valero and Natalia Garrido Villén (SPAIN)

Key words: cadastre, land registry, boundary, professional qualification, sustainable land management

SUMMARY 
Spain has a long-standing legal tradition, supported by specific regulations established in the Civil Code of 1889. However, the current system reveals structural deficiencies that lead to persistently high levels of litigation. While the Mortgage Law and the Law on Voluntary Jurisdiction have introduced mechanisms to improve coordination between the Cadastre and the Property Registry and facilitate agreements between parties, fundamental issues continue to be unresolved.

Spanish legislation recognizes three types of boundary demarcation: administrative, judicial, and conventional. However, the absence of a mandatory and standardized demarcation procedure, particularly at the time of property transfer, perpetuates inaccuracies in registry descriptions and reinforces the lack of alignment between the Cadastre, which primarily serves fiscal purposes, and the Property Registry, which is designed to ensure legal certainty.

To address these deficiencies, a compulsory boundary demarcation process is proposed upon property transfer. This process would consist of formal notification to affected parties, an on-site technical assessment, the formulation of a demarcation proposal, and a final resolution with the physical marking of boundaries. Additionally, the proposal advocates for creating a specialized professional profile that integrates expertise in geomatics and legal frameworks, ensuring both technical accuracy and legal validity. This professional would require official licensing and civil liability coverage to guarantee procedural reliability and accountability.

The proposed system emphasizes mutual agreement and explicit consent in the defining georeferenced boundaries, thereby ensuring greater precision while upholding legal security. Its implementation is expected to reduce litigation, enhance legal certainty, and improve land management efficiency. Furthermore, developing of this structured approach represents a model for the modernization of Spain’s land administration system, aligning with international best practices in property rights protection and territorial governance.

RESUMEN 
A pesar de la extensa tradición jurídica en España y de la existencia de regulaciones específicas establecidas en el Código Civil de 1889, el sistema actual presenta deficiencias estructurales que contribuyen a niveles persistentemente altos de litigiosidad. Aunque la Ley Hipotecaria y la Ley de Jurisdicción Voluntaria han introducido mecanismos destinados a mejorar la coordinación entre el Catastro y el Registro de la Propiedad, así como a facilitar acuerdos entre las partes, persisten problemas fundamentales sin resolver.

La legislación española reconoce tres tipos de deslindes: administrativo, judicial y convencional. Sin embargo, la ausencia de un procedimiento obligatorio y estandarizado de deslinde, especialmente en el momento de la transmisión de la propiedad, perpetúa imprecisiones en las descripciones registrales y refuerza la falta de concordancia entre el Catastro, cuya finalidad es fundamentalmente fiscal, y el Registro de la Propiedad, cuyo objetivo principal es garantizar la seguridad jurídica.

Para abordar estas deficiencias, se propone la implementación de un proceso obligatorio de deslinde en el momento de la transmisión de la propiedad. Este proceso incluiría la notificación formal a las partes interesadas, una actuación técnica en el terreno, la formulación de una propuesta de deslinde y una resolución final con la materialización física de los límites. Además, la propuesta aboga por la creación de un perfil profesional especializado, que combine competencias en ciencias geomáticas y jurídicas, asegurando tanto la precisión técnica como la validez jurídica. Este profesional deberá contar con fe pública y cobertura de responsabilidad civil, garantizando así la fiabilidad y la rendición de cuentas en el procedimiento.

El sistema propuesto enfatiza sobre el acuerdo y el consentimiento explícito en la definición de límites georreferenciados, garantizando mayor precisión y reforzando la seguridad jurídica. Se espera que su implementación contribuya a reducir la litigiosidad, fortalecer la certeza legal y mejorar la eficiencia en la gestión territorial. Asimismo, el desarrollo de este enfoque estructurado representa un modelo para la modernización del sistema de administración de tierras en España, alineándose con las mejores prácticas internacionales en protección de derechos de propiedad y gobernanza del territorio. 

1.	INTRODUCTION

The need to precisely delimit land property boundaries has been a constant concern throughout the history of Spanish law. As early as Roman Law, mechanisms existed for boundary determination. Throughout the Middle Ages and the Modern Era, various legal provisions addressed this issue, although scattered and with limited scope.
The codification of civil law in the 19th century, with the enactment of the Civil Code of 1889, introduced specific regulations on boundary demarcation in Articles 384 to 387. Although these provisions have undergone minor modifications, they remain the normative foundation for judicial or contentious boundary determination in Spain.

The Mortgage Law of 1946 and its subsequent reforms introduced mechanisms to enhance coordination between the Cadastre and the Property Registry, indirectly improving the accuracy of land property boundary delineation. The Law 13/2015 has significantly advanced this coordination by promoting the incorporation of georeferenced graphical representations of properties into the Registry.

More recently, Law 15/2015, of July 2, on Voluntary Jurisdiction, introduced a new procedure for conventional boundary determination before the court clerks, aiming to streamline and simplify the mutual agreement process for boundary fixation.

2.	STATE OF THE ART: BOUNDARY DEMARCATION IN SPANISH LAW

The demarcation of land property boundaries within the framework of Spanish law constitutes a fundamental procedure aimed at precisely determining the limits between two or more adjacent properties. The Dictionary of the Real Academy of the Spanish Language defines "boundary demarcation" as the act of marking the boundaries of a plot of land. In the legal sphere, this term acquires a significant meaning, as it directly impacts the legal certainty of rights in rem*.

*A right in rem is a legal term that refers to a right that a person has over a specific property or thing. It is a right that is enforceable against anyone who interferes with that property or thing, regardless of who the owner is


2.1	DEFINITION AND LEGAL NATURE OF BOUNDARY DEMARCATION

From a legal perspective, boundary demarcation is a technical and legal operation intended to identify the dividing line between contiguous properties on the ground, thereby establishing the surface area of each land property and preventing potential disputes. This process involves the physical materialization of boundaries through markers or landmarks and the legal determination of ownership and the extent of each proprietor's rights.

The necessity of boundary demarcation primarily arises in situations of ambiguity or uncertainty regarding the precise location of land limits. Such uncertainty may stem from inaccuracies in land property titles, deficiencies in existing cartography, physical alterations of the land, or the mere passage of time, which erodes original reference points.
Legal doctrine has extensively debated the legal nature of boundary demarcation. While it has traditionally been classified as a Rei Vindicatio action (when the dispute involves the recovery of land wrongfully occupied by an adjoining owner), the prevailing view considers it an action to determine boundaries. In this sense, boundary demarcation seeks not to restore lost possession but to clarify and recognize preexisting limits.

2.2	PURPOSE

Boundary demarcation aims to ensure stability and security in neighbouring property relations, eliminating uncertainties that may lead to disputes over land property limits and extent (Arruñada, 2018). By clearly and unambiguously defining the boundaries of each land property, this procedure facilitates the whole exercise of ownership rights, allowing each proprietor to know the precise extent of their domain.
Boundary demarcation is closely linked to the right of exclusion (Salas Murillo, 2021), a fundamental attribute of land property rights that grants the owner the authority to prevent third-party intrusion into their property. To effectively exercise this right, it is essential to have precise knowledge of the land property's boundaries, a function that boundary demarcation precisely fulfils. Thus, this procedure serves as a mechanism for protecting and enforcing property rights(Merrill & Smith, 2000).

2.3. TYPES OF BOUNDARY DEMARCATION IN SPANISH LEGISLATION

Spanish law provides various boundary demarcation methods, each with its own legal requirements, procedures, and effects. The three main types of boundary demarcation are:
a)	Administrative Demarcation: Governed primarily by Law 33/2003, of November 3, on Public Administration Assets, and its implementing regulations. This type of demarcation applies when one of the adjacent properties belongs to a public administration. It is an administrative procedure initiated and conducted by the public authority. While it seeks an agreement between parties, the final decision rests with the competent administrative body. Administrative demarcation does not determine ownership rights, as it is limited to establishing physical boundaries between properties.
b)	Judicial or Contentious Demarcation: Established in Articles 384 to 387 of the Civil Code and procedurally regulated by the Civil Procedure Act. This procedure is employed when there is no agreement between adjacent property owners regarding the boundary line. Judicial demarcation is processed before civil jurisdictional bodies. After examining the evidence submitted by the parties (such as property titles, maps, and expert reports) and, if necessary, conducting additional inquiries (including judicial inspections), the judge issues a ruling that determines the boundary line. This judgment has res judicata effects between the parties and their successors.
c)	Conventional or Contractual Demarcation: Conducted by mutual agreement between adjoining properties owners. This agreement, which may be formalized in a private contract or a notarized deed, establishes the boundary line through consensus. Conventional demarcation is based on the principle of party autonomy, and once formalized, it binds the owners and their successors. Registration in the Property Registry is recommended for full enforceability against third parties. The Law on Voluntary Jurisdiction (Law 15/2015) also provides for a procedure concerning conventional demarcation.

There is an additional type of demarcation related to jurisdictional boundaries amongst municipalities. This jurisdictional demarcation has not directly affected by private law but sometimes it may occur that described boundaries are related to municipalities boundaries (Garrido-Villén et al., 2014). 


2.4. PREREQUISITES FOR BOUNDARY DEMARCATION

For the boundary demarcation of properties to proceed, a series of prerequisites or requirements must be met (Salas Murillo, 2021):
•	Contiguity of properties: The properties subject to demarcation must be adjacent or bordering. Demarcation is not applicable between properties separated by a public space or owned by a third party.
•	Uncertainty or confusion regarding boundaries: There must be an objective uncertainty or ambiguity concerning the dividing line between the properties. Demarcation is unnecessary if the boundaries are clearly defined and acknowledged by the owners.
•	Active legal standing: The right to request demarcation is granted to owners of adjacent properties and individuals holding rights in rem (such as usufruct or easements) over them.
•	Passive legal standing: The demarcation procedure must be directed against the owners of the adjacent properties with whom the boundary dispute exists.
The proof of boundary confusion is essential for the admissibility of the demarcation action. Such proof may be provided through legally admissible means (e.g., witness statements, photographs, expert reports, etc.).

2.5. LEGAL EFFECTS OF BOUNDARY DEMARCATION

Once boundary demarcation becomes final—whether through mutual agreement or by administrative or judicial resolution—it produces several significant legal effects (Cumella Gaminde, 2014):
•	Definitive establishment of boundaries: The dividing line between properties is precisely and permanently determined, concerning the involved parties and their successors.
•	Marking of boundaries: The physical materialization of the boundary line through the placement of markers or boundary stones facilitates the clear identification of property limits.
•	Elimination of uncertainty and disputes: Demarcation resolves boundary ambiguities, preventing or resolving potential future conflicts between neighbouring owners.
•	Enforceability against third parties (upon registration): Registering the demarcation in the Property Registry ensures its enforceability against third-party acquirers, who must respect the established boundary line.
It is essential to emphasize that boundary demarcation does not resolve ownership disputes (Prats Albentosa, 1990). If a conflict over property ownership arises during the demarcation process, the parties must resort to a Rei Vindicatio action before the civil courts.

2.6. THE SIGNIFICANCE OF THE CADASTRE AND THE PROPERTY REGISTRY

The Cadastre and the Property Registry play a crucial role in the boundary demarcation process, although they serve different legal purposes and have distinct legal effects (García García, 2016).

The Cadastre is an administrative registry under the jurisdiction of the Ministry of Finance, which records descriptions of rural, urban, and specially classified real estate properties. Its primary function is fiscal, as it serves as the basis for calculating various taxes, such as the Property Tax. Cadastral information includes the location, area, physical description, cadastral value, and property ownership (for tax purposes) of properties. The cadastral description can serve as a reference in demarcation procedures, particularly in administrative boundary demarcations. 

The Property Registry is a legal institution responsible for registering and annotating acts and contracts related to ownership and other rights in rem over real estate. Its primary function is to ensure legal certainty in real estate transactions, as registering rights in rem makes them enforceable against third parties. Registered property titles serve as qualified proof of ownership and the extent of property rights. In boundary demarcation procedures, registered titles constitute essential evidence for determining land property boundaries. Moreover, registering the demarcation results in the Property Registry—whether administrative, judicial, or conventional—is crucial to ensuring its Erga omnes*  enforceability. Aligning the registered property description with the physical reality established through demarcation is key to ensure real estate legal certainty (Alcántara Martín, 2018).


* In legal terminology, erga omnes rights or obligations are owed toward all. Erga omnes is a Latin phrase which means "towards all" or "towards everyone". For instance, a property right is an erga omnes entitlement and therefore enforceable against anybody infringing that right.


2.7. SITUATION OF BOUNDARY DEMARCATION’S USE

A recent study on judicial litigation in Spain concerning boundary disputes, determines that there is a lack of official statistics, highlights a strong social perception of conflict and aims to quantitatively assess the economic and social costs associated with these legal disputes (Patricia Esteban, 2024). The methodology employed for this study involves searching and analysing cases within the cases law database, using key terms and text operators to identify proceedings related to ownership claims, boundary demarcations, and other land property conflicts.

After applying correction factors for overlapping and unregistered cases, the findings estimate a total of 38,173 cases over the past 20 years, with a high judicial dismissal rate (65.22%), indicating the ineffectiveness of the judicial route in many of these disputes.

The discussion of results underscores the complexity of boundary conflicts, influenced by contradictory evidence, inadequate expert reports, cadastral discrepancies, and provincial variability in litigation rates, shaped by demographic and economic factors.

Boundary demarcation in Spain is a fundamental procedure for ensuring legal certainty in real estate transactions, allowing for the precise determination of land property boundaries and contributing to the prevention and resolution of disputes between neighbouring owners. Spanish legislation provides various legal avenues for carrying out boundary demarcation, adapting to different circumstances and seeking a balance between amicable agreements and the intervention of administrative or judicial authorities when consensus is lacking.

However, the coordination between the Cadastre and the Property Registry, despite being mandated by law for over a decade, has not yet yielded the expected results. This is mainly due to three key factors:

•	The integration of thousands of properties based on cadastral cartography, which itself were formed from diverse sources—such as photointerpretation, outdated scaled maps, municipal planning modifications without georeferencing, and other imprecise data—leading to inconsistencies in boundary representation.
•	The use of alternative official cadastral data, which are not always subject to the consent of all neighbouring property owners, further complicates the process.
•	Additionally, the lack of a clearly defined technical methodology and the absence of a designated professional role for executing demarcation tasks further hinder the effectiveness of the system. Addressing these shortcomings is crucial to achieving a more coherent, reliable, and legally robust land property boundary framework in Spain.


3.	PROPOSAL 

The high level of litigation surrounding property boundaries is symptomatic of an inadequately constructed legal framework for boundary demarcation. The current legislative approach, as previously outlined, is primarily focused on resolving disputes rather than establishing a preventive paradigm to minimize such litigation. This leaves citizens responsible for improving or defining their property boundaries, as no mandatory mechanisms are in place to prevent inherent real estate uncertainties.

It is common knowledge that purchasing land requires a notarial deed of sale, which must then be registered with the Property Registry to establish legal ownership. However, very few people are aware that the property description in the deed may be inaccurate. A more concerning issue is that the land acquired may not meet the necessary dimensions for its intended use, such as construction. The surface area recorded in the title deed is often taken for granted, even though it is based on declarations made without the agreement of neighbouring property owners. Consequently, property descriptions are perpetuated without verification across successive ownership transfers.

Moreover, during the sale of land, a notary or legal advisor may recommend updating the property description in accordance with cadastral data. This practice, known as cadastre-registry coordination, can, however, be exploited by introducing cadastral uncertainties —derived from various unverified sources such as photointerpretation, outdated maps without scale, and unreferenced municipal planning modifications— into the legal domain of the Property Registry. This issue has been exacerbated by amendments to the Mortgage Law, which afford enhanced legal protection not only to ownership and encumbrances but also to georeferenced cadastral data once a property is deemed coordinated.

A similar problem arises when a property owner seeks to subdivide their land. While a municipal permit is required to authorize the subdivision, this administrative license does not mandate prior boundary demarcation. As a result, subdivisions may be granted that later prove legally unenforceable due to boundary disputes, as adjacent landowners have the legal right to contest the graphical representation of the division.

Additionally, when a neighbouring property belongs to a public administration and is designated as public domain, unresolved boundary issues are further complicated. In such cases, if the public property has not been officially demarcated, the boundary remains indeterminate until an administrative procedure is initiated to establish it which may cause a long and costly procedure. 


3.1. STANDARDIZED METHODOLOGY

To address these issues, a standardized demarcation process should be made mandatory when a property owner intends to transfer land. The sale deed must explicitly state whether demarcation has been conducted. The proposed demarcation process consists of the following phases:

•	Initiation of the procedure

•	Notification of all interested parties and submission of objections

•	On-site boundary assessment

•	Drafting of the demarcation proposal

•	Informing stakeholders of the proposal

•	Final resolution and boundary marking

If a neighbouring property belongs to the public domain, a specific procedure will be undertaken to define the public boundary—either by verifying an existing demarcation or initiating an administrative process to establish one.

In cases where private landowners oppose the proposed demarcation, an alternative dispute resolution mechanism will be recommended, as it is determined in the Organic Law 1/2025, of January 2, on measures regarding the efficiency of the Public Justice Service. If this proves unsatisfactory, judicial proceedings will be initiated.

3.2. PROFESSIONAL PROFILE: PUBLICLY APPOINTED SURVEYOR

The proposed methodology of boundary demarcation needs the centralization of the entire process under a single professional profile to ensure reliability, accountability, and the protection of consumers(Allred, 1990).

Key aspects of this professional profile include:

1.	Professional Qualifications:
The management of boundary demarcation requires expertise in both technical and legal matters. 

2.	Publicly appointment or Licensing:
To facilitate formal aspects of demarcation procedures, this professional must be granted by public faith, enabling them to handle official communications with stakeholders and expedite processes, as well as deliver official documents.

3.	Civil Liability:
It is crucial that professionals can safeguard the interests of their clients by providing protection against potential liabilities. This is a fundamental pillar of trust in contemporary service markets.

The basic requirements for the Publicly Appointed Surveyor, as defined in the Code of professional qualifications for Property Surveyors (CLGE, 2022) are:

Professional qualifications and prerequisites

Education level: 5 Years on University level consisting of a bachelor’s (3/4 years) and master’s (1/2 years) in surveying and cadastral science
	To ensure the academic level and the research options in the areas of:
o	Surveying and mapping - Cadastre and land management - Spatial planning - Property design and development
o	Cadastral and real estate law
o	Business administration, Project Management
o	GIS/LIS (Geographic/Land Information Systems) - etc.

Professional practice: Minimum 2-3 years of practice in a Licensed Property Surveyor’s office or in a cadastral administration doing cadastral work, undergoing further education
	To establish the necessary experience and knowledge for the requirements in practice	
Approval: Approval of professional skills, generally based on an examination, by state board or commission.
	To secure professional skills and knowledge in practice

Continuing Professional Development: The requirements are at least 20 hours per year.
	To maintain professional development and quality. The CPD shall be controlled by the local organizations or by the State

Professional business and disciplinary requirements

Appointment: Awarded according to State law, for instance supplemented by oath
	To ensure the necessary professional qualifications of the surveyor

Insurance: An obligatory insurance system defined by the State authorities
	To show responsibility and support customer protection

Penalty board: A penalty board independent from the surveyor's organization to settle complaints about the surveyor's work. It must have the power to temporarily or permanently revoke appointment or license.	
	To maintain trust and quality by applying the state requirements and supporting customer protection.

Quality control body: A committee defined by the surveyors' association, or by the State, providing advisory opinions and guidelines on professional matters and defining the "Bonus Pater" professional
	To ensure the permanent high professional quality of the surveyor's work and to support customers who have questions or complaints about the surveyor's work.

Ethical code: An ethical code as a guideline for the surveyor's work
	To have high ethical principles for surveying services and support customer protection
	

4.	DEBATE ABOUT THE PROPOSAL

As stipulated by existing legislation, boundary demarcation does not determine ownership rights. Therefore, granting public and administrative licensing to demarcation professionals does not infringe upon the responsibilities of other public notaries, registrars, court clerks, or government officials.

The official document produced by the demarcation professional must be incorporated into any subsequent notarial, administrative, or judicial proceedings, such as cadastral or registry inscriptions, municipal permits, or legal disputes.

The public function of a technical professional is defined as the set of responsibilities and activities performed by a specialist in a specific technical field, aimed at serving the public interest, ensuring efficiency and quality in public administration, and contributing to societal development and well-being. This function involves the application of specialized technical knowledge, compliance with regulations and standards, and the responsibility of providing effective solutions within their area of expertise, ensuring transparency, ethics, and service to the community.

4.1. KEY FEATURES OF THE PROPOSED METHODOLOGY

The boundary demarcation process is designed with the following principles:

•	Mutual Agreement: The georeferenced boundary must be consensually agreed upon by all affected parties.
•	Explicit Consent: Consent must be explicitly granted in the presence of a Publicly Appointed Surveyor.
•	Integration of Technical and Legal Processes: Consent is tied to the georeferenced corners that define the boundary, ensuring both technical accuracy and legal validity.
•	Documentation of Boundary Creation: Once agreed upon, the boundary must include detailed records of its creation and materialization to establish a comprehensive legal framework.

4.2. PROFESSIONALIZATION OF BOUNDARY MANAGEMENT

The implementation of this methodology requires professionals with specialized qualifications combining expertise in geomatics (geospatial sciences) and legal frameworks. These qualifications are modelled on best practices in other countries and ensure seamless integration of technical data with legal requirements.

To achieve the necessary expertise, professionals must complete a structured academic pathway, including undergraduate and master's-level programs, followed by a national-level examination.

4.3. LEGISLATIVE AND IMPLEMENTATION FRAMEWORK

The proposed system also includes legislative reforms to integrate boundary demarcation into the existing cadastral and property registration framework. An implementation plan has been outlined to ensure the smooth adoption of these changes, with the aim of providing robust guarantees for real estate ownership and land management.

4.4. BENEFITS OF THE PROPOSED SYSTEM

This system addresses critical deficiencies in Spain’s current cadastral and property registration processes. By combining precise geospatial data with a solid legal framework, it aims to:
•	Enhance legal certainty for property owners.
•	Reduce disputes over unclear or erroneous property boundaries.
•	Improve land management efficiency in response to environmental, economic, and social pressures.
Additionally, the integration of georeferenced boundaries supports sustainable land management by enabling informed decision-making and policy implementation in urban and rural areas.

4.5. A MODEL FOR MODERN LAND MANAGEMENT

The success of this system hinges on the establishment of a new professional role bridging geomatics and legal expertise. This interdisciplinary approach aligns with international best practices observed in countries with advanced land management systems, ensuring that technical and legal standards meet the highest benchmarks.
If fully implemented, this methodology has the potential to modernize Spain’s land registration system, fostering economic growth, legal stability, and sustainable territorial management.

5.	CONCLUSIONS

The high rate of litigation related to property boundaries in Spain underscores fundamental deficiencies in the current legal framework governing land demarcation. Existing regulations are primarily designed to resolve disputes rather than prevent them, resulting in a system that places the burden of boundary clarification entirely on property owners. The absence of mandatory preventive mechanisms contributes to legal uncertainty and inefficiencies in land management.

Key issues include the perpetuation of inaccurate property descriptions in title deeds without verification, the introduction of cadastral discrepancies into the Property Registry through cadastre-registry coordination, and the lack of a legally enforceable demarcation requirement for land subdivision. These problems are exacerbated when adjacent properties belong to public administrations that have not formally established their boundaries, leading to further ambiguities and costly scenarios.

To address these challenges, a standardized and mandatory demarcation process is proposed, which would be required whenever a property owner intends to transfer land. This process would involve structured stages, including the initiation of proceedings, notification and consultation with interested parties, on-site assessments, the formulation of a demarcation proposal, and final resolution with physical boundary marking. Additionally, the proposal advocates for a centralized approach, entrusting the demarcation process to a specialized professional with expertise in geomatics and legal frameworks. This professional would be required to obtain formal qualifications, possess public certification, and maintain civil liability coverage to ensure accountability and reliability.

The proposed methodology emphasizes precision in georeferenced boundary definitions while integrating legal validity and procedural transparency. Its implementation is expected to enhance legal certainty for property owners, minimize boundary disputes, and improve administrative efficiency in land management. Furthermore, the introduction of a professional role bridging geomatics and legal expertise aligns with international best practices in modern land governance. The full adoption of this methodology has the potential to significantly advance Spain’s property registration system, fostering economic stability, legal security, and sustainable territorial management.