Kisa yon apantaj ye? Kilè li legal? Kijan li dwe fèt? Kilè li otantik?
Anpil nan nou achte tè e nou konn fè apante li pou nou men tou gen anpil nan nou ki pa konnnen vrèman kisa ki apantaj la e kilè li legal, se pou sa avèk plezi Mano Actualité vin ba’w ti eksplikasyon sa.
Apantaj la se yon pwosesis ke yon apantè fè pou’l mezire , dokimante dimansyon , delimitasyon e sifas yon teren. Li gen ladan’l tou analiz istorik teren an e li detèmine pou ki itilizasyon teren sa ye.
Men kisa ki ak apantaj la?
Se yon papye ki sètifye delimitasyon teren an , li konfime kiyès ki vwazen e li gen ladan’l yon analiz istorik teren an. Nan ak la genyen desen teknik teren an ak mezi distans yo ang yo. Nan papye a sa yo rele pwosevèbal apantaj la ap genyen non apantè e ki komin, ki jiridiksyon, non mèt teren an, orijin teren an, l’ap mansyone tou otorizasyon yo, sipèfisi, bòn elatriye.
Ki pwosedi ki trase pou apantaj la fèt pou li bon?
1- Fòk apantè a jwenn otorizasyon nan men dwayen tribinal sivil zòn li an, oubyen komisè gouvènman. Papye apantè a bezwen pou otorizasyon sa se ansyen ak apantaj, tit pwopriyete, resepise DGI.
2- Apantaj pa konn fèt san vwazen yo pa okouran, la lwa di se yon sitasyon ke yon isye ap voye bay chak vwazen pou fè yo konnen pwal gen apantaj teren ki vwazen’l lan. Ou pa ka rete konsa ou voye di vwazen demen w’ap apante fòk gen yon delè 8 jou.
3- operasyon an.
4- Anrejistreman ak la nan « direction de l’enregistrement et de la conservation foncière »ki nan DGI
Papye orijinal ak resepise DGI a kole avè’l ap rete nan biwo apantè a, apre sa yon ekspedisyon ak la ap gen kopi resepise DGI a pwal anekse avèk ak vant lan pou mèt teren an.
Fòk mwen di nou yon apantè pa ka soti nan yon lòt komin pou vin fè apantaj nan yo komin ki pa komin kote li otorize pou li fonksyone. Li ka fè sa sèlman si li fè’l akonpaye ak yon lòt apantè ki otorize pou fonksyone nan komin kote teren an ye a. Men se sou otorizasyon dwayen tribinal sivil ki konpetan an.
Opozisyon
Si ou gen teren ou ou wè yo vin apante li ou ka fè opozisyon ak apantaj la, se pa baton wòch non pou pran lè sa se depi’w parèt ou di apantè a ou fè opozisyon li dwe kanpe apantaj la. Yon moun pa bezwen ni tit, ni papye pou fè opozisyon a yon apantaj bouch li sifi.
Nan ka sa moun ki fè opozisyon an gen 15 jou devan’l pou li ale nan tribinal de pè kote byen an ye a e nan sans sa gen plizyè opsyon:
- Si jij la dakò opozisyon an apantaj sa ap kanpe e pati yo pwal pote kesyon an devan tribinal premye enstans pou trete kesyon an ( verifye tit elatriye).
- Si jij de pè a rejte opozisyon an apantaj la pwal kontinye apantè a pap gen pou refè tout demach yo ankò.
- Oubyen moun ki fè opozisyon an kite pase 15 jou san li pa fè anyen apantè a pwal rekòmanse a zewo , pou’l reprann otorizasyon elatriye.
Depi nou wè yon apantè remèt nou yon ak apantaj san li pa anrejistre, ak sa pa otantik.
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