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Overlapping of properties, which are the three possible solutions without going to Court

2024-06-04 09:49:53Biznes SHKRUAR NGA REDAKSIA VOX

Overlapping of properties, which are the three possible solutions without going

In quite a few cases, the process of registering property titles has not been completed due to inaccuracies or errors, originating in the cartographic configuration.

According to the former head of Mortgage Valdrin Pjetri, the law "On the termination of transitory processes of ownership" determines that in these cases, i.e. when we are dealing with fictitious overlapping, the correction is made by the Cadastre Agency itself and the citizens have no obligation. Whereas when the overlap is real, there are three solutions offered in the law.

Initially, the parties have the possibility of resolving the conflict by agreement between them, if this is not achieved then the decision belongs to the court. This whole process can be preceded by the verification of cadastral maps, at the time of initial registration.

Specifically, when for an immovable property in a cadastral area, which has been subjected to the initial registration, a request is submitted for the registration of a property title that overlaps on the map, in whole or in part, with another previously registered title, the local directory of the Agency of The cadastre checks the cadastral map to identify whether the overlap originates from errors or inaccuracies in the positioning of the title registered on the map and, if necessary, records the assets on the ground.

When the overlap stems from an inaccuracy in the cadastral map, the Agency makes the correction on the map and continues with the registration procedures. During field recording, it may happen that it is found that there are irregularities in the reflection of many titles, then the necessary corrections are made for each of them. More important is also the fact that when the overlap of the property is partial, then this does not condition the continuation of the process for the surface that is free.


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