The Problems of Establishing Cadastral Boundaries in River Erosion and Accumulation Area, According to The Polish Law

AGH Akademia Górniczo-Hutnicza w Krakowie

The finding of boundary points position close to big watercourses is very difficult. There is no international standards regulating this issue. According to the international law, the boundaries of states lying along the rivers are defined by bilateral agreements. Sometimes such the agreement is simply the confirmation of customary boundaries. The literature describes some problems concerning boundaries along rivers, but it usually concerns the boundaries between states. The characteristics of disputing issues and its solutions are often provided there. The legislation concerning cadastre vary in different countries. The problem of establishing the cadastral boundaries in river erosion and accumulation areas is very complicated and the authors think it should be somehow systematized. The surveying and cartographic law and water law as well, regulate these issues in Poland. It is defined how to clearly establish the riverbank lines, that according to surveyors should be the same as cadastral boundaries. Two important issues concern the cadastral boundaries establishment and they may have an influence on setting the position of boundary points. First, the water affects the neighboring area and changes it. The second problem, during boundary establishment process is ambiguity of its position. Despite the detailed instructions in the polish law, it is difficult to set such boundary points. The legal aspects and results of researches on cadastral boundaries stability along the longest river in Poland - Vistula are presented in the paper. The research area is more than dozen kilometers along Vistula riverbanks and is situated near Cracow. The authors compared the present riverbanks lines with these recorded in cadastre. The results are often astonishing and they prove that that controlling measurements of cadastral boundaries in neighborhood of flowing waters are necessary.