DBPapers
DOI: 10.5593/SGEM2014/B22/S9.043

LEGAL AND TECHNICAL EFFECTS OF PROPERTY LAW APPLICATION IN ROMANIA

L.Oprea, I. enciu, M. Tudorascu
Wednesday 1 October 2014 by Libadmin2014

References: 14th SGEM GeoConference on Informatics, Geoinformatics and Remote Sensing, www.sgem.org, SGEM2014 Conference Proceedings, ISBN 978-619-7105-11-7 / ISSN 1314-2704, June 19-25, 2014, Vol. 2, 337-344 pp

ABSTRACT
The works on establishing ownership of land abusively taken during the communist period were made by committees of Land, for each administrative territory basis. Allotment land to entitled persons was done by specialists, based on the application field of lots of projects in accordance with the legislation in force. In some cases it has been found that some local committees have not elaborated parcelling sketches or plans. In this case, plots numbering and registration neighbors in the datasheets, and subsequently the property titles were made in a defective manner. In other cases, have encountered situations where were drawn parcelling partial plans and based on them, have performed the work of first entry of the real estates. The negative consequences of acceptance the partial parcelling plans, consisted in the appearance of the parcels overlap in graphical database of Cadastre and Land Registration Office, at the moment when the parcelling plan was completed over the all surface of the field. In this context, the cadastral plan approved by the local committee of land and received by the National Agency for Cadastre and Land Registration as definitive plan, generated virtual overlays of parcels, overlays that required correction of coordinates points located on the limits of each parcels. These overlays required the drafting of new cadastral documentation, respectively the repositioning cadastral documentation that needed the owners opinion to be performed, issues which caused dissatisfaction of many owners, and in some cases, generated legal action regarding the respect of property right as technical and legal approach. Analyzing the legal and technical application of property laws, by the present paper, we intended to analyze the cadastral works made under property laws, but especially, we want to present the correct sequences of cadastral works thereby that the technical and legal effects resulting from correct application of property laws to be positive in all cases.

Keywords: ownership, law, reinstating the possession, owner, database, parcelling plan