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If you wish to partition off part of your property, in most cases the parcel must first be divided up in the real estate register. This is carried out as part of a boundary determination procedure.

Each property is listed in the land register under a serial number. If you want to sell part of a plot of land, for example, this can only be carried out if a boundary determination procedure has been carried out beforehand. As part of this process, the new boundary points and boundaries are determined, marked off if required and then transferred to the property register.

Once the boundary has been determined, the parcel is broken down in the real estate cadastre and a continuation notification is then issued by the Office for Land Management. This must be used as the basis for writing down the part of the property in the land register. The boundary definition and division thus serve to prepare the division of the property in the land register.

Various public law regulations must be observed for the division in the land register. The surveying office carrying out the work will be happy to advise you. In particular, approval in accordance with § 7 of the Hessian Building Code is required for every division. The commissioned surveying office will check the legal requirements and can prepare the necessary documents if necessary.

Marking out:

The legislator gives property owners the freedom to mark the boundary points in the locality.

A boundary point is marked by means of a fixed, permanent and locally recognizable boundary marker. These boundary markers (e.g. boundary stones, plastic markers or metal bolts) serve to clarify the course of the boundary on site and can therefore also make a lasting contribution to border peace, for example to avoid disputes between neighbors about the course of the boundary.

You should therefore consider having the boundary points marked at the same time. The requested surveying office will be happy to advise you on this.

If you apply to have the boundary points marked at a later date, which in turn may only be carried out by an authorized surveying office in a new administrative procedure, the boundary points to be marked must always be determined first, which may result in additional costs.

In the case of authorization to apply:

• Submission of the corresponding power of attorney

In the event that the costs are borne by a third party:

• Declaration of assumption of costs

You can submit an application for boundary determination if you:

• the owner of the property,
• public authority
• or are authorized by the above group of persons

The costs are charged uniformly by all surveying offices in accordance with the administrative cost regulations for the business area of the Hessian Ministry of Economics, Energy, Transport and Housing (VwKostO-MWEVW).

The fee is made up of the following parameters

• Number of newly established and established boundary points
• Value of the surveyed area
• Number of demarcated boundary points

The applicant is the party liable for the costs. If the costs are to be borne by a third party, a declaration of assumption of costs is required.

A non-binding cost estimate can be requested in advance.

• After receiving the request, we provide advice and, if requested, a cost estimate.
• Preparation and coordination of a hearing and surveying appointment with all parties involved.
• Determination of the new boundaries and possibly marking of the boundary points.
• Preparation of a record of the boundary determination and, if applicable, marking and written notification of this to the parties involved.
• Determination of the costs of the boundary determination by the surveying office.
• Transfer of the survey results to the real estate cadastre and written notification by means of a continuation notification to the parties involved.
• Determination of the costs of the transfer to the real estate cadastre by the Office for Land Management.

Processing takes an average of 10 weeks. In complex cases in connection with approval in accordance with Section 7 of the Hessian Building Regulations (HBO), the processing time may be longer.

There are no deadlines to be observed.

Various public law regulations must be observed for the division in the land register. The surveying office carrying out the work will be happy to advise you. In particular, each division requires a permit in accordance with § 7 of the Hessian Building Regulations (HBO) is required. The commissioned surveying office will check the legal requirements and can prepare the necessary documents if necessary.

• Objection to:
  • the boundary determination and demarcation decision and
  • the continuation notification.
• Action against the decision on costs

• Request a division survey (boundary determination)
• In order to divide a property, it must first be divided in the real estate cadastre. This is carried out as part of a boundary determination procedure. Such a survey is often referred to as a division survey. New boundaries and boundary points are determined in the process.
• The following persons are entitled to apply:
  • Landowner of the property,
  • Persons authorized by the above-mentioned group of persons
• Detailed questions regarding the application may need to be discussed with the applicant by a competent surveying office (scope of services, cost estimate, etc.),
• Publicly appointed surveyors and land management offices

Boundary determinations are carried out by the publicly appointed surveyors licensed in the state of Hesse or the relevant land management offices.

If you do not fulfill your obligation to commission a building survey by the deadline for completion of the building shell, these bodies can also take action without an order (i.e. ex officio) after prior request and the expiry of a period of 21 days.

Forms/online services available: Yes

Written form required: Yes

Informal application possible: Yes

Personal appearance necessary: No