ORDER of AGENCY of LAND RELATIONS AND INVENTORY of the Republic of Moldova

of March 9, 2022 No. 16

About modification of some regulations

According to part (3) Article 15-2, of part (3) article 18 of the Law on the inventory of the real estate No. 1543/1998 (Art. No. 88-95, 79), with subsequent changes is reissued in the Official monitor of the Republic of Moldova, 2021, parts (1) article 20 of the Law on forming of real estate units No. 354/2004 (it is published in the Official monitor of the Republic of Moldova, 2004, 999) I ORDER to Art. No. 233-236,:

Art. I. In the Instruction for accomplishment of cadastral works at ground level approved by the Order of the CEO of the Agency of land relations and the inventory No. 70/2017 (The official monitor of the Republic of Moldova, 2017, Art. No. 330-334, 1702), with subsequent changes, registered in the Ministry of Justice of the Republic of Moldova at No. 1254 from 29.08.2017, makes the following changes.

1. Item 2 is supplemented with the subitem 7 of the following content: "7) identification of real estate;".

2. In item 4 the term "act of establishment of border" will have the following content: "The act of establishment of border - the act in which the border of the parcel of land and its rotary points is specified and is described."

3. Item 7 will have the following content: "7. Responsibility for establishment of borders by transfer of lands to private property and approval of the geometrical plan, is assigned to the competent public authorities establishing borders".

4. In Item 15, the subitem 1), the word "applicant" to replace with the word "owner".

5. Item 20 will have the following content:

"20. The contractor of cadastral works requests from cadastral body reservation of cadastral number of the parcel of land for which works on development of cadastral documentation for primary registration are initiated."

6. Item 21 will have the following content:

"21. The contractor of cadastral works at least in 3 days before cadastral works notifies the representative of local government of the first level on initiation of works on creation of cadastral documentation for primary land registration."

7. Item 22 will have the following content:

"22. In case of transfer of lands to private property (adjacent to houses and extensions, gardening sites and kitchen gardens) establishment of border of the parcel of land is performed by the representative of local government of the first level in the presence of the owner of land whose borders shall be established, and the contractor of cadastral works.

8. Item 23 will have the following content:

"23. If the site (for which borders are established) has general border with the site of the state-owned public property and this site not делимитирован and is not registered, the general border between these sites is established in the presence of the representative of public body under which authority this site is.".

9. 1) of Item 24 after the text "for lands of agricultural purpose" to add the subitem with the text: "(use type - kitchen gardens)".

10. In Item 25 the first offer is excluded.

11. The instruction is supplemented with Item 25-1 of the following content:

"25-1. If the site (for which borders are established) has general border with the site of the state-owned public property registered within works on delimitation, and again measured border does not form graphical overlappings, approval of this border of public authority which manages adjacent lands is not required".

12. In Item 26 of the word "the owner of the rights" in any grammatical form shall be replaced with words "owner of land" to any suitable grammatical form.

13. In Item 28 the first offer will have the following content:

"Results of establishment of borders are brought in the act of establishment of borders (appendix 3) which is signed primary, the land relations and inventory specialist, the owner of land, the contractor of cadastral works, and in case of the adjacent parcel of land which is public property of the state (and the parcel of land not делимитирован), the representative of the central public authority exercising control of this parcel of land, or the representative of the organization / organization / company exercising control of the objects of technical and utility infrastructure located on this parcel of land.".

14. In Item 29 "land owners" shall be replaced with words the word "owners".

15. In Item 30:

1) words to "the owner of the rights" shall be replaced with words "owner of land";

The word "representatives" to replace 2) with the word "owners".

16. In Item 39:

1) Item 39 and the subitem 1) will have the following content:

"39. The contractor of cadastral works provides:

1) observance of topology of general borders of again measured parcel of land with borders of adjacent sites:

a) if the planimetric error between points of border of the identified parcel of land in relation to points of borders of the registered adjacent sites does not exceed admissible limit of tolerance of planimetric linear mutual line item of points, the contractor of cadastral works adopts coordinates of points of border of the registered parcel of land (having specified about it in the act of establishment);

b) if the planimetric error between points of border of the identified parcel of land in relation to points of borders of the registered adjacent sites exceeds admissible limit of tolerance of planimetric linear mutual line item of points, but the measured border does not form graphical overlapping with border of the adjacent registered parcel of land and the owner of the adjacent parcel of land gives written consent (having written down about it in the act of establishment), the contractor of cadastral works adopts coordinates of points of border of again measured parcel of land;

c) if the planimetric error between points of border of the identified parcel of land in relation to points of borders of the registered adjacent sites exceeds admissible limit of tolerance of planimetric linear mutual line item of points, and again measured border forms graphical overlapping with border of the adjacent registered parcel of land, and:

i) on the registered adjacent parcel of land there is documentation on establishment of borders, borders are determined by land method of measurements taking into account accuracy, the written consent of the owner of the adjacent registered parcel of land will be requested (having written down about it in the act of establishment of border).

In case of absence of the owner of the adjacent registered parcel of land or refusal of approval the contractor draws up the statement of inspection in which this situation and method of elimination of the found discrepancies is fixed. At the request of the beneficiary of cadastral work for adjustment of mistakes the contractor of work constitutes cadastral documentation according to the Order of the Government No. 437/2019 on approval of the Regulations on procedure for adjustment of the mistakes made in the course of transfer into the ownership of the parcels of land;

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