The boundary can be determined with the necessary thoroughness by a licensed land surveyor – a specialist with the relevant knowledge, skills, and land surveying equipment. Only the involvement of a competent land surveyor can help to avoid boundary disputes, court costs, and the subsequent removal of objects built in the wrong place.
In accordance with applicable legislation, this work may only be carried out by a person who holds a license for land management work, i.e., a land surveyor. Only they can ensure that the boundaries comply with the applicable requirements and that the measurements taken are in accordance with legal and technical standards.
Landowners should note that inaccurate or illegal boundary demarcation by an unlicensed person may lead to legal disputes and damages.
Recent court ruling: remove the fence that extends over the boundary
A district court ruling recently came into force, according to which a fence and foundation built over the boundary of a property must be removed and the previous situation on the neighboring property restored. The ruling is based on the fact that, prior to the start of construction, the property owner had not determined the exact location of the boundary with sufficient care.
During the court proceedings, an expert opinion prepared by the then Land Board found that the boundary mark installed in the nature at the time of the initial formation of the cadastral unit had remained in its original location but had been covered by soil, and that the foundation of the fence built on the landscape extended up to 21 cm beyond the property line.
The court found that the owner must ensure that he only builds on his own property and that he is liable if he has failed to check the location of the basic boundary point before constructing a capital boundary structure.
The construction of fences is also a construction activity, and when planning it, the applicable legal norms must be taken into account and it must be ensured that the structure does not exceed the boundaries of the property, except in cases where a corresponding right in rem (easement) has been established on the neighboring property or an agreement has been reached on the construction of a common fence (boundary structure).
The boundary is also important before logging in the forest
It is also important to determine the exact location of the boundary before logging in the forest. Just as the owner of a property must ensure that construction takes place on their property, the owner of a forest property must also ensure that logging takes place on their property. This also applies to the transfer of logging rights.
Property owners often get confused between the survey conducted for the topographic and geodetic survey prior to construction and the cadastral survey. Although both land surveys take place in the field, their purposes are different.
In order not to confuse these two types of surveying, it is worth remembering that the first focuses on mapping the existing situation and conditions, and the result of the survey is a land plan, commonly referred to as a "geoalus". This type of surveying does not require the surveyor (geodesist) to have a license for land management work.
Cadastral surveying, on the other hand, deals with determining the boundaries of a property, and the person performing it must have the appropriate license. If the aim is to determine the exact boundaries of a property, it is essential to involve a licensed land surveyor, who will ensure that the survey results are entered in the land registry and that the property boundaries on the cadastral map and in public services correspond to the property boundaries on the ground.
Verify the location of the boundary
The Land and Spatial Development Board urges landowners to verify the location of the boundary before planning construction or logging near the property boundary.
The boundary can be determined with the necessary accuracy by a licensed land surveyor – a specialist with the relevant knowledge, skills, and land surveying equipment. Only by involving a competent land surveyor can boundary disputes, court costs, and the subsequent removal of objects built in the wrong place be avoided.
Author: Tõnu Kägo, Head of the Cadastral Quality Department at the Land and Spatial Development Board
Loomise kuupäev: 14.11.2025
