Misconception about changing the intended purpose of land plots when they are overlap

Abstract

The article examines the problem of misconceptions regarding the change of the purpose of a land plot in the event of its overlap with another land plot. The research problem lies in the need to distinguish between such phenomena as the overlap of land plots and the change of the purpose of land plots, since in practice, during land technical expertise and expertise on land management issues, the body that appoints the expertise mistakenly believes that in the event of the overlap of one land plot with another, the purpose of this or that land plot automatically changes, although these phenomena have a different legal nature. The purpose of the study is to analyze the provisions of land legislation concerning the formation of land plots and the determination of their boundaries as the basis for establishing the fact of overlap, as well as the change of their purpose, the delimitation of these procedures, since the overlap of land plots is a consequence of errors in the coordinates of the turning points of the boundaries of land plots, while the purpose of the land plot determines the specific direction of its use and legal regime and is established in the manner prescribed by law. The methodological basis of the work was general dialectical and general scientific methods, namely analysis, synthesis, comparison, description, as well as a practical example of expert research using digital modeling of land plots in the Autodesk AutoCAD software package, which allowed us to comprehensively and comprehensively consider the issue of themisconception about the change in the purpose of a land plot when it is superimposed on another land plot. The scientific novelty lies in the clear distinction between the fact of superimposition of land plots and the change in the purpose of a land plot when conducting land technical examinations and examinations on land management issues, in the justification that the superimposition of land plots is of a technical nature and is not a legal basis for automatically changing the category of land and/or the type of purpose of the land plot. The conclusions confirm that establishing the fact of superimposition of land plots does not indicate a change in its purpose, which determines the specific direction of its use and legal regime.