DBPapers
DOI: 10.5593/SGEM2014/B22/S9.072

THE REALIZATION OF EXTRAJUDICIAL CADASTRAL EXPERTISE IN ROMANIA

I.Ienciu, L. Miruna Tudorascu, L. Oprea
Wednesday 1 October 2014 by Libadmin2014

References: 14th International Multidisciplinary Scientific GeoConference SGEM 2014, www.sgem.org, SGEM2014 Conference Proceedings, ISBN 978-619-7105-11-7 / ISSN 1314-2704, June 19-25, 2014, Book 2, Vol. 2, 575-582 pp

ABSTRACT
Ownership is a real right, typically the fullest, whereby the holder may exercise his prerogative of a good provided by law. In the event that the ownership of a property can not be determined due to adverse legal conjuncture, the property in question is subject to extrajudicial or judicial cadastral expertise, according to court actions initiated. Areas for which beneficiaries require extra technical expertise are varied: topography, land, real estate advertising (land registry), construction of any kind, territorial planning, agriculture, etc.. In the process of implementing property laws regarding the retrocession of immovable property, may be cases in which the owners are dissatisfied with the technical aspect of reinstating the possession. In this case, they can appeal to a person skilled in the topography and cadastre, person who will make an extrajudicial expertise report. In this report, the expert will answer to the questions regarding the location, shape, size, surface, limitation of real estate etc. and suggest conclusions of resolving disputes. At this juncture, topographical and cadastral technical expertise is a complex work, with various work steps which are executed with adequate topographical equipment and most of the time in difficult conditions. Solving targets in the spirit of the law, requires the full competence of expert through the technical and legal knowledge and right attitude of impartiality towards the parties. These are the only argument that can lead to appropriate solutions, real and true, in terms of the real owners of the properties in litigation.

Keywords: extrajudicial cadastral expertise, reinstating the possession, owner, Property Title, topographic measurements