The Forensic expert kollegium carries out all types of construction and technical expertise in forensic and pre-trial procedures.
In expert practice, there are often issues related to disputes over the adjacent border of land plots of different land users, which are resolved during the construction projects and the territory functionally connected with them expertise. These are issues of compliance of the actual boundaries, land plot and its area with those set out in the title documents (i.e. legal boundaries): the state act on the right of ownership (use) of land, the certificate of state registration of the land plot.
Based on expert practice, these questions often arise after legal entities or individuals have received title documents and used (exploited) a land plot for a certain time, after the loss of boundary signs on the ground that were installed at the turning points of the land plot boundary when its boundaries were initially established by specialists - land managers, as well as after deliberate unauthorized changes in legal boundaries by land users (landowners).
Below are sample questions that are put to resolution of the expertise:
- Do the actual boundaries of the land plot located at the address: ХХХХ, cadastral № ХХХХХХХХХХ correspond to the title documents: state act on the right of ownership (use) of land, certificate of state registration of the land plot?
- Does the actual area of the land plot ХХХХ, cadastral № ХХХХХХХХХХ correspond to the title documents: state act on the right of ownership (use) of land, certificate of state registration of the land plot?
- If the actual boundaries of the land plot located at the address: XXXX, cadastral № XXXXXXXXXXXX do not correspond to the boundaries according to the title documents, then establish what was the cause of this discrepancy: errors in establishing the boundaries of the land plot, drawing up land management documents, or independent transfer of the actual border by land users.
- What is the actual location of a residential building, outbuildings, fruit trees, cesspool, etc. located near the disputed boundary regarding the legal and actual boundaries separating the land plots of the plaintiff and the defendant?
It should be noted that the above questions are the most frequently encountered, but, at the same time, the range of such issues to be solved is very wide, and is unique for every case.
The main research documents for this type of expertise are:
- Title documents for the right to own (use) land: state acts or certificates of state registration of a land plot. Supporting documents may include: master plans for the development of a territory or land plot, technical passports for home ownership, decisions of the local executive body on the provision of a land plot.
- Land management file to establish the boundaries of a land plot or copies of the main documents from it: an explanatory note, a catalog of coordinates of the rotation angles of the land plot, a diagram of the connection of the rotation angles with the contours (objects) of the area, an act on familiarization of interested parties with the established boundaries of the land plot on the ground, a boundary plan land plot.
To carry out this type of expertise, it is mandatory to involve a specialist with a geodetic education.
This type of expertise mostly refers to expertise of medium complexity with an actual production time of 1-2 weeks. At the same time, due to the need to pre-assign an inspection, the period for carrying out the expertise from the moment of the determination being received is 4-5 weeks.
You can consult on the appointment of a forensic construction and technical expertise at the Forensic expert kolllegium at: Minsk, Zhukovskaga St., 11A, 4th floor
or by phone +375 (17) 317 04 71; +375 (17) 317 04 72; +375 (17) 317 04 73; +375 (17) 317 04 74; +375 (17) 317 04 76; +375 (44) 588 60 11
