2 Private Law - Civil Procedure - Execution - 21 Supplementary and Implementing Provisions of the Civil Code - 215 Real Rights - CHAPTER ONE Organization (RLCMO)

[2] 1 The Department of Territorial Development and Environment (hereinafter: the department) is responsible for the implementation of the Cantonal Law on Official Surveying (LCMO), dated September 5, 1995 [3], and its implementing provisions.

2. It is the competent cantonal authority in matters of official surveying.

3. It exercises its functions through the Cadastre and Geomatics Service (hereinafter: the service).

1. The service is directed by the cantonal surveyor.

2. He performs the tasks assigned to him by the law and its implementing provisions. He establishes the necessary guidelines.

3. He makes all decisions that are not expressly reserved for another authority.

[4] 1 The department decides on the use of the official measurements fund within the framework set by Article 10 of the LCMO.

2. For the remainder, the fund is managed by the Department of Education and Finance.

3. A summary of its accounts is published annually as an appendix to the state's general account.

The participation of the State in the development of an information system for the territory of Neuchâtel, as well as the responsibilities, organization, and functioning of its bodies, are governed by the decree concerning the development of an Information System for the Territory of Neuchâtel (SITN), dated October 16, 1991.

1. Within the framework of the Neuchâtel territorial information system, the service advises various partners who call upon it for the acquisition and updating of georeferenced data of general interest.

2. Within the cantonal administration, the service coordinates the acquisition and updating of georeferenced data of general interest.

The service manages the dictionary of georeferenced data of general interest in collaboration with the relevant departments.

The service coordinates the dissemination of georeferenced data of general interest.

1 It is not required to systematically reestablish the boundaries of the canton during new measurements or renewals.

2. The revision of the marking of the canton boundaries is carried out by the service or by the contractor of the new measurement or the renewal in collaboration with the other concerned services.

3. The service ensures the coordination of the revision of the canton boundaries.

1. A review of the boundary marking of property limits is conducted. This review includes the determination of limits and the revision of boundary markers.

2. In general, the revision of boundary markers involves identifying boundary points using simple methods (such as measuring distances on the plan, using stakes, markers, pickaxes, etc.) or, if necessary, by more appropriate methods. Boundary points must be identified up to a depth of approximately 30 cm if site conditions permit. Boundary points that are not marked are identified with paint.

3. In areas that only have technical plans for parcel readjustment, the service defines the methods to be implemented on a case-by-case basis.

4. As far as possible, inadequate boundaries are corrected through realignments.

1. Boundary demarcation is carried out when new property boundaries are determined.

2. The re-establishment of boundary demarcation is conducted upon request or ex officio when necessary for the execution of surveying work.

[5] 1 The service recognizes the demarcation of properties based on the plans or detailed sketches prepared by the adjudicating surveyor-engineer of the land improvement syndicate or by the office of structural improvements.

2. The technical plans for parcel rearrangement must be replaced as quickly as possible by the new official surveying.

In addition to the exceptions provided by federal law, a revision of boundary marking and the installation of demarcation signs may be waived

a) in regions requiring land consolidation;

b) in locations where demarcation signs are at constant risk of being damaged;

c) in agricultural and forestry areas in mountain zones, according to the animal production cadastre, in grazing and wooded pasture regions as well as in unproductive areas;

d) for the boundaries between various cantonal and communal public domains.

Section 2: New Measurement and Renewal

1. The allocation of costs among the interested owners, including holders of public and railway domains, is set as follows

a) 1/5

per parcel;

b) 1/5

proportionally to the area of each parcel;

c) 3/5

proportionally to the number of boundary points delineating each parcel.

2. Buildings are, due to their more or less complicated configuration, treated as equivalent to a certain number of boundary points, but at a minimum of 3 points.

The service provides, free of charge, a copy of the new plans to the relevant land registry office and to the municipality.

Section 3: Update

[6] 1 All objects of official surveying are updated either continuously or periodically.

2 Aerial or terrestrial photography is permitted for the purpose of carrying out update work.

1. The objects of official surveying listed below are continuously updated

c) new or modified constructions.

2. The continuous updating generally includes all objects related to it or located on the same property.

3. It is carried out upon request by interested parties or ex officio.

4. The costs are borne by the requesting owners or the interested owners in the case of ex officio execution.

1. Objects that are not subject to permanent updating or that are not captured by it, are updated periodically.

2. As a general rule, the update cycle should not exceed ten years.

3. Periodic updates are ordered by the department.

4. The costs of periodic updates are borne by the State.

Section 4: General Conditions for the Use of Official Survey Data

1 The elements of official surveying are public.

2. They are available only from the service.

1. In the event of regular use of elements of official surveying in management fields and for purposes defined in advance, a contract shall be established between the user and the department.

2. The contract notably defines the dissemination fees based on the number of users involved and the updating of data.

1. The delivered product is intended for the user's own needs.

2. The user may distribute graphical documents within the scope of their activity, which include their own data on an official surveying background. These documents must reference the cadastral source and its date of issuance, clearly stating: "Prepared on the basis of official surveying data of the ....".

3. The distribution of digital files containing official surveying data is permitted for the occasional user within the framework of their project and for the permanent user within the scope of their activities.

1. The redistribution of official survey data is prohibited, unless authorization is granted by the service, which will specify, in particular, the amount of the dissemination fee to be charged.

2. Redistribution refers to the delivery of official survey data to a third party for use other than the occasional user's project or activities related to the permanent user's activities.

1. Permanent users may designate a technical office (such as a surveyor or other professional) to manage their own information using data from the official surveying records.

2. The contract between the permanent user and the service must mention this subcontracting and establish its conditions.

3. The provisions concerning the redistribution of official surveying data apply to the subcontracted technical office.

1. The service issues the authorization for commercial use of extracts and reproductions from the official measurements.

2. An additional fee is charged in accordance with the Federal Ordinance on the commercial use of official measurement data, dated December 6, 1993 [7].

3. The service prepares the account between the Confederation and the canton.

The periodic update according to Article 17 of this regulation does not apply to provisional cantonal measurements approved by the Confederation.

The costs for the preparation of missing master plans, as well as the costs for updating and reproducing existing master plans, until the necessary data from official surveying are available for their replacement, are borne by the State after deducting federal subsidies.

1. The costs of work in progress at the time of the entry into force of the cantonal law on official measurement are calculated and allocated according to the former law.

2. The new law, however, applies to the calculation and allocation of costs for work undertaken after the entry into force of the law, even if they were commissioned beforehand.

The Regulation on Cadastral Surveying, dated 19 February 1974 [8], is repealed.

1. This regulation shall enter into force on January 1, 1996.

2. It shall be published in the Official Gazette and inserted into the Collection of Neuchâtel Legislation.