Land and technical expertise
Main Objectives of Land Surveying and Technical Expertise:
- determination of the actual use of land plots, including the physical characteristics of land plots (configuration, area, dimensions, etc.);
- determination of whether the actual location of buildings, structures, and other objects in relation to land plot boundaries corresponds to their location as indicated in the relevant technical documentation;
- determination of whether the actual use of land plots complies with title documents and land management documentation with regard to boundary violations and overlapping land plots;
- determination of the possibility of dividing land plots (or establishing a procedure for their use) and development of options for such division (or use arrangements);
- determination of possible access and driveway options to land plots and establishment of land easements.
Indicative List of Issues to Be Resolved:
- What is the actual pattern of land use? What are the configuration, dimensions, and area of the land plot used by the co-owner(s)?
- Does the actual location of buildings, structures, and other objects relative to the boundaries of the land plots correspond to the technical documentation?
- Are there any boundary violations or overlaps of land plots according to the title documents and land management documentation for these land plots?
- Is it technically feasible, in accordance with applicable legal requirements, to divide the land plot (or establish a procedure for its use) according to the ownership shares of the co-owners (specify the shares)?
- What options for dividing the land plot (or establishing a procedure for its use) are possible in accordance with the ownership shares of the co-owners (specify the shares) and applicable legal requirements?
- What options are technically feasible for arranging access or a driveway to the land plot?
- Is it technically feasible to establish a land easement on the land plot? If so, provide possible easement options.
Indicative List of Documents for Land Surveying and Technical Expertise
The above issues of land surveying and technical expertise may be resolved provided that the relevant title and technical documentation is available, including the results of topographic and geodetic surveys performed by qualified specialists using appropriate equipment and databases.
To resolve issues related to land surveying and technical expertise, the expert must be provided with original documents or certified high-quality copies of the relevant title and land management documentation for the land plot. If the expert is unable to independently perform topographic and geodetic surveys, the results of such surveys must be provided for examination by the authority or person who appointed the expertise (engaged the expert).
To resolve issues concerning the technical feasibility of dividing land plots (or establishing a procedure for their use) and providing options for such division (or use arrangements), the expert, in addition to the above-mentioned documents, must be provided with title documents for real estate properties (buildings, structures, etc.) located on the land plot, information regarding the use of such properties or parts thereof by co-owners, information regarding ownership shares, and technical inventory records.
If the authority or person appointing the expertise (engaging the expert) considers it necessary to take into account proposals from the parties to the court proceedings when preparing division options, such proposals must be set forth in the document appointing the expertise (engaging the expert).