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Differences between cadastral measurements and the situation in the field

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Alexander Chito prays

"Don't leave tomorrow what you can do today." – Nelson Mandela This proverb also applies to the field of evaluations, time being a decisive factor in most cases. During the 17 years of activity we have encountered many postponed or even canceled sales and many other problems caused by the lack of cadastral documentation, situations that could have been avoided if a minimum documentation had been made some time before.

In #fairvalueteam are assessors who are based on lawyers, economists and especially engineers, and in today's article we will address a topic perhaps a little technical, but which can have a defining impact in the evaluation process.  The inconsistency of the surfaces in the documents, cadastral measurements and what is actually delimited on the ground, is a problem with a fairly large impact when time is not your "best friend", when you want to sell the property or bring it under warranty to the bank.

These problems are detected, in most cases, when the owners want to realize or update their cadastre, build, sell, dismantle or join one or more properties.

Differences can occur due to multiple causes, such as: the long time interval from the last update of the cadastre and the realization, meanwhile, of some interior and / or exterior modifications, measurements made with old generation equipment and low accuracy (eg: theodolite, roulette), the movement of the tectonic plate, etc.

If you have appealed to a cadastre engineer and such differences have been reported, the following situations may be encountered, according to Law no. 7/1996:

- if the area from the measurements is smaller, then this area is registered in the Land Registry based on the cadastral documentation and the owner's agreement on the registration of this area;

- if the area from the measurements is larger by up to 15%, in the case of intravilan lands, and up to 5% in the case of extravilan lands, then the area from the measurements is registered in the Land Registry based on the cadastral documentation and the declaration of the owner;

- if the difference in area exceeds the above percentages, the change of the area in the documents is possible only on the basis of a court decision.

Another situation you may encounter is the lack of an exact delimitation of the building. In this situation, its identification will be carried out together with the owners of the neighboring lands and the neighborhood report will be drawn up. Inconsistencies will be settled amicably or in court, depending on the case.

The realization and/or updating of the cadastral documentation at the right time may facilitate the real estate trading process, thus the transaction being able to be concluded in a reduced time interval.

We know that in very large proportions things happen quickly before, but we also know that in order to avoid unpleasant situations it is recommended to check in advance the correspondence between the scriptic situation, in the property deed and the property cadastre, and the factual situation in the field, and in case of finding any differences to contact an ANCPI authorized cadastre engineer to take the necessary steps to regulate the situation.

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