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Land and technical expertise

Land and technical examination

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Distribution or allocation of land

Determination of land area

Establishing compliance with the boundaries of the land

Establishment of land easement

 

 

 

 

 

Land technical examination refers to engineering and technical types of examinations in the specialty 10.7 "Distribution of land and determination of the order of land use". This study is conducted by forensic experts using geodetic equipment. Land technical expertise can be carried out both by court order and at the request of individuals or legal entities.

 

Conducting land technical expertise is used in many controversial land issues, such as:

 

The main tasks of land technical expertise are:

  • determination of the actual land use of land plots, namely the physical characteristics of land plots (configuration, area, measurements, etc.);

  • determining the compliance of the actual location of buildings, structures and other objects relative to the boundaries of land plots to their location in the relevant technical documentation;

  • determination of compliance of actual land use in terms of violation of boundaries and imposition of land plots in accordance with title documents and land management documentation for these land plots;

  • determining the possibility of distribution (order of use) of land plots, development of options for their distribution (order of use);

  • identification of possible options for approach and travel to land plots, establishment of land easement.

 

Indicative list of issues to be addressed:

  • What is the actual order of land use? What is the configuration, measurements and area of ​​the land plot used by the co-owner (co-owners)?

  • Does the actual location of buildings, structures and other objects relative to the boundaries of land plots correspond to the technical documentation?

  • Is there a violation of the boundaries (or imposition) of land in accordance with the title documents and land management documentation for these land plots?

  • Is there a technical possibility in accordance with the requirements of regulations to divide the land (to establish the order of its use) in accordance with the shares of co-owners (specify shares)?

  • What options for the distribution of land (the order of its use) are possible in accordance with the shares of co-owners (specify shares) and the requirements of regulations?

  • What options are technically possible for the arrangement of the passage (passage) on the land?

  • Is there a technical possibility to establish a land easement on the site? If so, provide options for establishing a land easement.

 

These issues of land technical expertise are resolved in the presence of appropriate legal and technical documentation, in particular the results of topographic and geodetic works.

If the body (person) that appointed the expertise (involved the expert), considers it necessary to take into account when preparing options for the distribution of proposals of the participants in the proceedings, such proposals should be set out in the document on the appointment of the expertise (involvement) expert).

 

What documents (information) are needed for the event?

To address the issues of land technical expertise, the expert must provide: originals or certified high-quality copies of the relevant title and technical documentation on land management for the land.

In order to resolve issues related to determining the technical possibility of distribution (order of use) of land plots and providing options for such distribution (order of use) of the expert, in addition to these documents, it is necessary to provide title documents to real estate (buildings, structures, etc.) plots, data on the use of co-owners of these objects or their parts, data on the shares of co-owners, materials of technical inventory.

 

 

 

Terms of service

The approximate terms are:

  • for forensic examinations - 60 days;
  • for expert research - 10 days.

The exact terms will be calculated at the time of order, taking into account the scope of the study and the current workload of specialists within the limits provided for paragraph 1.13. Section I "Instructions on the appointment and conduct of forensic examinations and expert research", approved by the Order of the Ministry of Justice of Ukraine 08.10.1998 № 53/5.

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