Well, if you read Champagne And Chocolate and The Trial, you probably know how happy I was this week when I finally got the data I needed from the Tbilisi land registry office.
Unfortunately the happiness was short lived since the data brought some very bad news.
It turns out, interpreted literally, about 60 centimeters of my house and yard may sit on my neighbors land. If this case, again interpreted literally, I would have to tear my house down or buy the land from my neighbor.
This, however, is really, really worst case scenario: the problem is most likely not where the houses were built, but rather how the maps were made. The reality is that the maps are simply too accurate for their own good.
Let me explain.
The houses in my neighborhood all at least seventy-five years old. When they were built the technology, not only to survey the land, but also to map the city was simply not up the level that it is today. True, coordinates were written down, but everybody understood that they simply could not be sure where things really were.
Today, the technology to map has improved greatly. Looking over the cartographers shoulder I saw unbelievable satellite imagery – way better than Google Earth has – that he uses as a starting point to draw the maps. It’s really no wonder that when the old measurements don’t agree with the new ones. According to my architect, to varying degrees, not just my neighborhood, but all of Tbilisi has the same problem. For example my land, though it allegedly encroaches on one of my neighbors, is being encroached on by two others.
Of course that doesn’t mean that there isn’t a problem, it only explains how the problem got there. The question is how are these contradictions resolved.
My architect tells me that, assuming there are no other considerations, in almost all cases the law rules in favor of existing structures. The land registry should simply update their coordinates to match reality. Mine is a open and shut case.
How to do to go about getting this done is entirely a different question. Remember, I’ve already written pages and pages on how much fun it is to deal with the land registry.
Basically I have two options: I can either convince my neighbors to agree to moving the boundaries or I can take them to court if they refuse. My architect tells me in the second case, I will certainly win, and though it sounds terrible, the whole process should take no more than two months.
But the story isn’t over yet. Just as we were about to talk to the neighbors about this I found the old map that I got when I first bought my house. Looking at it, I noticed that even though on the old map my house extends beyond my land, between my neighbor’s land and mind there is a small gap* that doesn’t belong to anybody; according to this map, my house doesn’t cross over into the neighbors land. Maybe, this problem had been discovered and corrected already, with this sliver of land being created to rectify the mistake.
If this sounds to fantastic, there is even a more spectacular possibility: maybe the gap is another cartographic error, but this time in my favor. I'm due for a break I think.
In any case I showed my old map to the mapping people and they are now checking into this. It looks very, very positive. I’ll have more information on Monday.
But you know what? All this has a very familiar ring to it.
In Canada I work for the Canadian Hydrographic Service and we’re responsible for all of Canada’s charts (a chart, for the uninitiated, is a map of a waterway that is intended for navigation). Most of Canada’s coastline was also mapped a long time ago also with the with the same kind of accuracy that Tbilisi was (actually, probably a lot worse since landmarks and fixed points are a lot harder to come by at sea) so when the Canadian Hydrographic Service, or before us the British Admiralty, noted a hazard to navigation on a chart it wasn’t positioned exactly.
Was this a big problem? Of course not: not only did everybody know that the chart couldn’t be all that accurate, they also didn’t know precisely where their ship was in the water; if we put a rock in the middle of the channel everybody gave it a very clear berth.
Now things have changed: not only does every ship have a GPS receiver (as well as other positioning systems) their expectations of chart accuracy have also gone way up. It’s all logical, except the chart they are using may have the accuracy of a century ago, because maybe, that’s when the water was last surveyed.
To make things worse, not only is money for charting drying up so resurveying is often not the answer, the pressures on the shipping industry are making their route planning more and more demanding. They really don’t want to give waste time in the water, and they want assume the chart is perhaps more accurate than it is.
Just like my house, no easy answers.
More news soon I hope.
* The Russian word that my cartographer and my architect used for this gap between our properties was really interesting: Луфт. Transliterated into English it would be written and pronounced Luft. Even if you don’t know German, this might be familiar to you: think of Lufthansa. Luft in German means air. Cute, isn’t it?