Condominium Law: Case
joint ownership of the condominium owners which according to Art. CC 2717. defines "A wall is adjacent and common residents of the adjoining estates have had built at his expense on the border of the two tenements separative"
Civil Code:
into law will be observed throughout the Republic and Argentina effects current study (sharecropping) consultation is imperative.
is divided into chapters Titles Books
eg Book III: Real Rights is within this
Title V: domain (art. 2506 to 2672)
Title VI: Domain Restrictions (Art. 2611 to 2660 )
Title VII: condominium (Art. 2673 to 2698) Chapter II-Indivision
compulsory (art. 2710 to 2716) Chapter III-Del
condo walls and slabs waxes (art.2717 to 2745)
Code Building:
Section 5.8.3.0 5.8.3.1 Partition walls. Materials, thicknesses and recesses in walls dividing
5.8.3.3. Dividing fences masonry or concrete
5.8.4. Walls near the inside of a property. (2.20 meters)
Section 5.8.9. Proprietary walls adjacent to land boundaries
Historical
LAW OF TABLES XII (450 BC-era of the monarchy) ROMAN LAW owners were obliged to build to leave a space between the buildings of 1.52-m ambitus to circulate around them.
Fire of Rome (364 BC) reconstruction of the city without complying with the law for loss of every vestige of it and was reduced
ambitus Republic buildings and townhouses are made in compliance with provisions existing joint ownership issues. Another factor that contributed to its demise was the use of space between the buildings to increase the value of the land.
walls classes of land boundaries (partition walls)
Depending on their location relative to the axis of land dividing
Physical Criterion: overriding: Held on the dividing axis
Contiguous: Set entirely in a land and resting on the dividing axis.
Legal Criteria: Proprietary: Whatever your site belongs to one owner who built it.
Mediator: are the walls are condos.
fence walls (art. 2725/26)
overriding the dividing axis of properties in the places where FORCED CLOSURE required and meet the characteristics that the Municipal Code of each jurisdiction to establish and they did not exist, governing the rules of the Civil Code (which acts as a default rule) that says "that in towns and suburbs (suburbs) builds first on an unenclosed by walls (vacant) can seat half of the wall in the area of neighbor so that the wall of bricks or stones to a height of 3 meters and a thickness not exceeding 0.45 meters.
• Increased thickness of over 0.45 meters of built on his land.
• In the condo wall fence and wall are immediately ground the fence is the condo from being built (born).
• If your neighbor did not contribute to the costs can acquire the rights to jointly owned (used) by refunding half the value of the wall "AS BUILT" (art.2736).
• The wall is forced forced sale and purchase payment therefore, is a "PERSONAL ACTION" that is applied to the condominium debtor or third parties.
• The enclosure wall adjacent to where rules can be forced NOT claim payment from the neighbor at least that use or support it (art. 2730).
Forced Enclosure (art. 2725 siege)
rule of public policy because it ensures HYGIENE
• • • MORALITY
Peace between neighbors
• SAFETY
own condominium Concepts:
Indiviso: That has not been divided.
Indivisible: Incapable of being divided without losing the essence of the thing.
forced Indivision (Art. 2710 to 2714)
a) When the condo is being affected as ancillary things essential to widespread use of 2 or more owners may request any division (art.2710)
b) the law prohibits division of something common, or when the parties stipulate (temporal and maximum 5 years).
The condo's walls, walls, fences and ditches that serve as separation between two contiguous estates is Forced Indivision (art.2716)
Any owner of an estate may compel his neighbor to the construction and maintenance of about 3 walls meters of 0.30 m thick overriding that are located in towns and suburbs (atr. 2723)
dividing wall;
is the divide that separates or 2 contiguous estates.
A wall is "condemned" if it does not fit the role to be played, which is not the same as wall "depreciated" is one who has such flaws repairable. Structural cracks, loose plaster, moisture, etc.
height wall partition:
natural unlevel
is considered the highest level between the two lots from which to compute the 3 m. the forced closure in which case the wall from the lowest level has the height for the forced closure but the difference in levels of the land but for the purposes of computing the settlement is 3 m.
unlevel for acts of man
3m is considered the forced closure of the level from "0" and over will increase by those who need it so, being in charge of raising the cost of the wall.
dividing wall thickness
The overriding wall is of 0.30 m to 0.45 m if one overlooked the need of greater thickness will build it over on its side.
If there is already an existing fence wall of 0.30 m and the need for 0, 45 m have the right to complete the build overriding 0.075 m wide by his side and 0.075 m from the neighbor.
Foundations of the separation wall:
For the first constructor of the basement wall had to build your neighbor does not use this wall is exclusive to the constructor.
If the neighbor undertake a shallow basement will become to the best of theirs.
If the first constructor builds with basement and the neighbor just use the fence wall will be paid by the depth needed to sustain the latter wall.
If the basement wall from 1 constructor need special conditions (strength and / or foundation) "foundation by the purchaser neighbor are those needed to sustain a wall and not to be built at greater depths (this does not count" like this built ")
length of the separation wall (2736)
Lots of similar depth
Acquired entire length of the wall does not acquiring corresponding sectors in the wall fence
Lots of different depth
The owner the child will acquire the depth corresponding item to fit your lot.
to the height of the dividing walls. If
bordering wall is not mediator has the power to acquire all or only part of their property by reimbursing half the cost of the wall or portion "as it is built" as well as half of the land value can not limit Pay only a section of wall thickness.
If the party wall can not bear to its thickness and height of the load required by the neighbor, it's built at his expense all taken the thickest in its field (art.2733/34)
If the wall was built 0, 45 m for the neighbor is enough of 0.30 m will to acquire "as built"
If the wall has cracks, crevices or damp they were repairable this does not exempt the purchase of rights by applying the depreciation according to their status.
The thick plaster insulations can not be deducted from the settlement of the wall because it is necessary protections for life.
actions aimed at the recovery of joint ownership rights are against the farm owner or manager who represents the consortium.
Rights and obligations of the condominium:
domain Restrictions sharecropping (art.2615 the 2660 and 2730 to 2736)
a) Rebuild the wall.
b) Give greater height
c) Waive the rights arising out of its joint owners.
d) to repurchase the same rights.
e) Arrimar all types of construction permitted by law.
f) Place straps around the thickness of the wall, to withdraw to the axis if the condominium requires.
g) open niches and cupboards in the thickness and then removed when the condominium owner needs the space.
h) Open windows for lighting alone, the neighbor can make a building close to the block. It is not slavery.
This opening should be at least 3 m above the floor.
i) The joint owners have an obligation maintain in good condition the dividing wall.
j) The trees have a distance of 3 meters or more in the line of properties.
k) Chimneys and vents against a party wall should be built of brick or stone Contramurada of 0.16 meters thick.
l) Wells Contramurada will build a 0.30 m thick.
m) Rainwater falling on the roof of a neighbor can not drain the soil of another neighbor. Wall
public road closure on
• The dividing walls overlooking streets, plazas and parks are not subject to the provisions of the CC but to the municipality and must be settled entirely within the realm of owners.
COMPONENTS OF WALL TO BE SETTLED
to dig
Masonry Lifting Foundation
Possible horizontal and vertical insulating layer plasters
thick and thin impermeable film
Deepest underground masonry.
CONDITIONS FOR THE ACQUISITION OF RIGHTS
sharecropping
1) FOR CONTRIBUTION TO EXPENDITURE: (2717)
2) FOR PURCHASE OF RIGHTS:
3) ACQUISITION BY PRESCRIPTION (4022/23)
statute of limitations (4017)
adverse possession (3948/4015/16)
Muro Muro overriding overriding not
For curtain walls has forced the requirement from the date of construction.
4) GRANT OF RIGHTS
5) FOR COMPENSATION (2733/34)
6) FOR CONFUSION (target parent)
7) BY REACQUISITION (2723/39)
PRESUMPTION OF PARTITION
A total lack of evidence of the existence of sharecropping can use assumptions as proof of absence of witnesses and these are:
a) Assumptions PERSONAL: are those that give something for certain, but if not try the otherwise and are based on traces, signs, prints, tracks, etc. which are the hard facts that lead us by way of reasoning to the knowledge of another fact unknown.
b) legal presumption, are contained in the CC
Any wall or fence that serves as a separation of 2 buildings boasts full height dividing up the building's lower cost and the overhang of this stage is deemed to belong exclusively to tallest building owner, ie that is proprietary, unless proven otherwise by a public or private. (2718). NO is presumed mediator
the wall or fence that divides buildings or courtyard gardens. (2719)
Enter a title that provides for joint ownership and signs of not having the title will always prevail.
TASKS TO RUN FOR THE SETTLEMENT OF CLAIMS OF PREVIOUS WORK
joint ownership:
1) Contact the debtor neighbor to let you know of the parcel from the settlement of the rights of joint ownership by the owner to be resident at the right time (when it is finished the structure of H ° A ° of the new building.) This will prevent future problems very common.
2) Authorization to access the site to verify the condition of the plaster and the dimensions necessary for calculating the value of the wall. These data will be endorsed by both interested in signing or for safety before a notary public.
LIST TASK:
1) Background of the wall, age and legal status of it under registered plans, establishing the portion to be settled and the custodial portion of each party.
2) Determination of the conservation status
3) Calculation of the surface metric to liquidate.
4) Preparation of the plan in view, plants and cuttings detailing the above legal situations and identifying the party to settle
5) Calculation of the replacement value of the wall and determining the present value, taking into account depreciation for age and condition .
6) joint ownership agreement.
7) The advisory includes the collection and processing.
8) for professional fees that were part of the settlement.
PRICE OF A WALL TO BE SETTLED
a) Materials
b) Labor
c) general corporate expenses for the work
d) Earnings
DEVELOPMENT OF CLOSURE
1) Cover Page (location of the premises in the block, name of the four streets of the block, dimensions of both land and numbering).
2) Silhouettes of the two buildings with a determination to liquidate sector and other legal statements of the wall.
3) Computing Metric:
Excavations (m3)
masonry foundation (m3)
vertical insulating layers (m2)
horizontal insulating layers (m)
masonry elevation (m3)
external plasters, coarse and fine-(m2) Plaster
-coarse and fine-(m2) If there
basement were added components (partition Tambourine, waterproofing, etc.).
surfaces are obtained and / or volumes of each of the sectors to settle
DATA REQUIRED
• Age • Lifetime
wall of each of the elements Wall
• Formula adopted for depreciation (Ross-Heidecke)
VA = VR-r x [1 - (K/100)] + r
VA = present value VR = Replacement value (a new)
Vr = residual value (if the masonry is considered the 2% of the value of VR
(In the case of the other components of the wall is 0)
depreciation coefficient K = leaving the table Ross-Heidecke and depends on the percentage of their useful life (real age / lifetime x 100) and conservation status.
In order to determine the depreciation is considered as Heidecke
Ross Masonry Useful lives External Plaster
90 years 40 years 60 years
Plaster
Insulations 50 years
Condition 1 - again without repairs
1.5 - Intermediate
2 - normal regular minor maintenance
2.5-Intermediate 3 - simple repairs needed
intermediate 3.5-4 - in need of major repairs
4.5 - Intermediate
5 -
worthless grounds on which a wall can Depreciation:
over time:
The rain affects the exterior moisture
Sudden temperature changes
Other factors:
load voltages
Vibration Pipes
ground movements etc. Done
BUDGET
based on unit prices HOUSING magazine explaining the month of publication and stating "this year" (the data in this publication is accepted by the Court)
is necessary in unit values \u200b\u200bprovide references of each item to facilitate the meeting of the same ie: 554/005
MASONRY ITEM CALCULATION OF LIFTING
20 m3 of wall with 40 years of age and condition 2.5 Calculation of VR
Unit value / wall of 0.30 m3 ... ... ... ... .. $ 483 .- (554/005) General Expenses
emp. const. (10%) ... .... $ 48 .-
Benefit emp. Const. (15%) ... ... ... ... ... $ 72 .-
Sub. Total ... ... ... ... ... ... ... $ 603 .-
VR = residual value = $ 12 (2 / 00 VR) Depreciation
by the method of Ross-Heidecke
Joined: Age 40 years / life 90 years = 0.44 or 44
Condition 2.5 K = 37.21
VA = (VR-r) x [1 - (K/100)]
VR-r = 591 K/100 =
0.37
VA = 591 x (1-.37) + 12
VA = 591 x 0.63 = $ 384 +12
wall For 20 x 384 m3 =
VA ... ... ... ... ... ... ... ... .. $ 7680 .- 15 %...........
Fees $ 1152 .- Total
masonry ... ... $ 8,832 .-
pay the neighbor is up 50% = $ 4416 .-
Similar procedure is done for other components of the wall to settle.
For items that have no residual value formula can also be used
VA = VR x (1-K)
although it is advisable for clarity in the calculation of the clearance to use the complete formula of Ross-Heidecke.
other methods of calculating the depreciation of Maselino
WALLS:
Kuntzle
The Ross-Heidecke formula is accepted by European Court of Justice as the most appropriate method for calculating depreciation in the joint ownership with the parameters of life and table values \u200b\u200bunchanged.
If the calculation is performed without considering the life and depreciation of each component of the wall would be a mistake because each element has its own characteristics and duration and state variables. CONVENTION
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