Act of reconciliation
With regard to the properties that are being towed, the Act of Reckoning determines the persons liable for compensation of the towed parts. In order to implement the Town and Country Plan of the area and to determine the parts of land to be expropriated, an Act of Imputation is drawn up.
The legislation is old and the cooperation of a surveyor engineer with the competent authority, as well as with the applicant’s lawyer, is needed to find the following:
- Initially, a topographical plan (in EIA 87) should be made, with the Town and Country Planning and Building Lines defined, showing by modern methods the existing situation in the area.
- Boundaries need to be indicated by the owners as well as by the lane owners for all properties that will take part in the Act of Reckoning.
- A title search will need to be done at the mortgage offices and all owners will need to be formally notified.
- The burden calculations will then be made for each property in accordance with the applicable legislation.
- The “Obligors” according to the current legislation are the Municipality or the owners of the street.
By way of example:
The burden of the right-of-way owners may not exceed a 10 meter wide plot zone.
It may not exceed the area of the encumbered plot.
For the compensation of squares, threshing floors, simple widening at road crossings and generally public spaces opened for the first time, each plot of land with a face on the above-mentioned spaces shall be charged for the compensation for a plot zone area of 20 metres wide.
For compensation beyond the above-mentioned sections, the municipality concerned shall be liable for compensation.
For widening of an old road up to 30 meters, the plots of land towed outside the widening shall be compensated by the plots of land adjacent to the road on both sides of the road, each of which shall be burdened with half of the towed part of the land enclosed on each side of the road face.
Any building remaining within the lot, if it does not have the required minimum boundaries by the regulations and cannot be obtained by settlement, shall be removed by its owner and annexed to the adjoining lot to form with it a single lot and the building shall obtain the required minimum setbacks from the boundaries.
The act of reckoning is a highly complex process and requires experience and knowledge. In areas that have been incorporated into a city plan or have been incorporated in recent years, the actuarial process has been replaced by the procedures of the Implementation Act. However, in old town plans, and in particular in properties that have not been put into common use and/or expropriated, the Act of Imputation procedure applies.
We can assist in the proper preparation of similar studies:
- For the complete preparation of diagrams, tables and texts accompanying the Acts of Actuarial Valuation on behalf of private parties. The full preparation of the Act of Implementation study is done to assist the relevant departments of the City and to avoid long potential delays.
- Review of similar studies prepared by the relevant departments that concern you.
- Mapping and correction of the correct boundaries of your properties.
- Correct application of street and building lines.
- Application of titles and boundaries for your properties or for properties of your neighbors that affect you, using methods such as photo interpretation.
It would be good to have someone together who knows the boundaries of ownership. It will be useful to have old topographic diagrams and anything related to the property with you (contracts, building permit plans, expropriation plans, characterization deeds, cadastral diagrams, etc.). In case it is a large area, wear comfortable clothes and shoes because we will need to walk on its contour to find its limits.