Cadastral surveying and land boundary determination (境界確定)
Scope
This domain tests whether you can separate three different things: the 筆界 (the registered line between two 一筆の土地), the 所有権界 (where ownership actually ends), and the 公図 (an old, non-authoritative sketch).
Core rules
- Only 筆界 can be fixed administratively. 不動産登記法123条以下 creates 筆界特定: the 筆界特定登記官 decides after 意見聴取 and 立会, advised by a 筆界調査委員.
- 筆界特定 binds no one's title. A dispute over 所有権界 belongs in civil court as a 境界確定訴訟, and 筆界特定 never bars that action.
- Evidence order: 14条地図 and 地積測量図 > 公図 > 現地の境界標 > 聞き取り. A 地積測量図 without 座標値 carries markedly less weight.
- 民法223条 lets either owner set a 境界標 at joint expense (224条); moving or destroying it can constitute 境界損壊罪 (刑法262条の2).
Worked example
A client's 公図 shows a straight rear line, the 1968 地積測量図 shows a jog, and the neighbour has planted a hedge along the straight line. Reasoning: the 公図 is a 旧土地台帳附属地図 and is indicative only. If a 14条地図 now exists for the 地番, that governs. The 1968 図 is probative but weakened by missing coordinates, so you re-measure and tie to 基本測量成果. Because the owners disagree, you do not decide the line: you advise a 筆界特定申請 or a 境界確定訴訟, and meanwhile record the 立会 result without setting a unilateral 境界標.
Traps
- Treating the 公図 as legal proof of the boundary.
- Confusing 筆界 with 所有権界 and promising a result you cannot deliver.
- Measuring before confirming the 地番 and the 登記記録.