EXPERT APPROACH TO DIVISION OF LAND PLOTS IN ACCORD WITH CO-OWNER SHARES

Abstract

This article considers the issue of determining possibility and procedure for division of land plots (shares) of different ownership forms and their use by physical and legal persons while performing forensic examinations and expert research. Normative legal acts regulating issues of establishing the boundary and exploitation of land plots (shares) are presented. Analysis of questions of forensic land technical examination and expert researches concerning the possibility of performing divisions of land plots (shares) is given. At that it is indicated that while performing research on division of land plots (shares), a forensic expert should take into account that the physical size of a plot (share) does not coincide with its size in the conditional cadastral hectares, all the land plots (shares) of farms (enterprises) have the same value and size in conditional cadastral hectares; the physical size of plots (shares) depends on soil (ground) quality. Soil (ground) quality is determined by quality of locality score; soils of the same name holding have the same quality of locality score throughout natural and agricultural area. At the same time, the portions size of land plots (shares) of co-owners is calculated in proportion to their shares in the ownership of the land plot (share). Conditional portion size of land plot (share) of co-owner is defined as the sum of the areas of agricultural production groups of grounds located on this part of share, in qualitative terms, which is calculated by the method of approximation to its part in the "average portion" of the share per holding (enterprise). This calculation method can be performed using specialized software such as a computer program for creating digital maps and plans, processing geodetic measurements and preparing land use documentation Delta/Digitals.