Public map and cadastral survey statutes (公図・地籍調査)
Scope
This domain tests the statutes that actually produce the maps surveyors work from: 国土調査法 (地籍調査) and the rules that turn a 公図 into a modern 地図.
Core rules
- The 公図 is the former 土地台帳附属地図, largely Meiji-era, without control points; it shows relative shape, not reliable distance or area.
- 地籍調査 under 国土調査法 is carried out mainly by 市町村, with 国の機関 also able to act; results are 認証 by the 都道府県知事.
- Under 国土調査法19条5項, the 地籍図 and 地籍簿 are sent to the 登記所 and become the 地図 under 不動産登記法14条 for that area.
- 地籍調査 fixes 筆界 only; it never adjudicates ownership. Where agreement fails, the parcel is recorded as 筆界未定地 and is excluded from the 14条地図.
- 土地区画整理法 の換地処分 and 土地改良法 の換地 are registered by 職権, producing new 地番 and 地積 without individual applications.
Worked example
City X completed 地籍調査 in 2019 and its 地籍図 was sent to the 登記所. A 1972 公図 for the same area shows a different rear line. Reasoning: once the 地籍図 is sent, it is the 14条地図 and displaces the 公図 for that 地番; the old 公図 survives only as historical material. If the parcel lies inside a 筆界未定地 area, no 14条地図 exists there, the 公図 remains the only weak reference, and that is precisely when a 筆界特定申請 should be advised.
Traps
- Describing 地籍調査 as determining ownership.
- Forgetting that 筆界未定地 is excluded from the 14条地図.
- Assuming 認証 by the 知事 and 登記 are the same step.