Neighbour Relations Report requested as part of the procedure for the reconstitution of property rights. Replacement of consent on its preparation

JURISPRUDENȚĂ COMENTATĂ ȘI ADNOTATĂ

Abstract

The ‘Neighbour Relation Report' requested by CLFF not only concern the recognition by the neighbours of the boundary with the 2.537 square meter plot of land, but also the confirmation of the status of the plaintiffs' former owner of the land in question, by means of which the right invoked by the plaintiffs, which is not supported by other evidence, will be proved. It is certain that, at this stage, there is no decision validating the proposal to reconstitute the right of ownership in favour of the plaintiffs, as heirs of the former owner, for the area of land in question, which is at the disposal of CLFF, and, in the absence of documents proving the right of ownership, the plaintiffs' claims must be supported by acknowledgements of the right from the owners or former neighbouring owners of the requested land.

In those circumstances, contrary to the view expressed in the contested decision, what matters is whether the defendants know who owned the adjoining land, since recognition of the boundaries of the property is necessary not only for demarcating the land and putting it in possession, but also for reconstituting the right of ownership of that area which exceeds the area entered in the agricultural register and for which, according to CLFF's assessment, no supporting documents have been produced.