| Tittel: | Grensene i Økonomisk kartverk: Rettsgyldighet og bruk i grensefastsettende saker : Boundaries in Economic maps – Legal validity and use in boundary determination cases | | Ansvar: | Dani Alexander Næss | | Forfatter: | Næss, Dani Alexander  | | Materialtype: | Artikkel - elektronisk | | Signatur: | Kart og plan | | Utgitt: | Bergen : Universitetsforlaget, 2021 | | Omfang: | S. 142–165 | | ISBN/ISSN: | 0447-3278 | | Serie: | Kart og plan ; 3-4/2021 | | Emneord: | Eiendomsrett / Grunnboka / Matrikkel / Vitenskapelig publikasjon | | Innhold: | Innledning
Grunnboka og matrikkelen utgjør hovedbestanddelene i det norske offentlige eiendomsregisteret. Om eiendomsgrenser.
Abstract
The boundaries in economic maps are not defined as legally valid, but there are several sources claiming that economic maps have increased in evidentiary value. The aim of this study was to examine how boundaries in economic maps have been used in the settlement of boundary disputes. To answer the main research question in the study four smaller research questions were developed which were answered with the use of a systematic search in “lovdata Pro”, an official tool online that includes all laws and court decisions, amongst other things. Questions 1–3 use a deductive approach with hypotheses and a quantitative document study with a univariate analysis counting how many cases use the boundaries in economic maps to determine boundaries. Research question 4 uses a legal methodology to look at what kind of argumentation the courts use in their assessment of the use of the boundaries in economic maps. The study concludes that amongst the boundary determination cases, the majority (63%) did not use the boundaries in economic maps. The court of appeal is 7% more likely to use the boundaries in economic maps than the land consolidation court. There has not been an increase in the use of the boundaries in economic maps over time. The study reveals that there are different points of view surrounding the topic and that the same argumentation is used both for and against the use of the boundaries in economic maps to decide where the property boundaries are. The study argues that the claim that economical maps have increased in evidentiary value over time is wrong.
Keywords:
property boundaries in economic maps
validity
boundary determination cases
evidentiary value
DEK
cadastre | | Del av verk: | Kart og plan 3-4/2021 |
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