3. The amicable settlement3.1 GeneralAn amicable settlement is a procedure in which the adjacent heirs proceed with the settlement themselves without requiring the intervention of the court. Common law applies to the amicable settlement. Both sides reach an agreement on the location of the border and how it will be demarcated. The boundary can be delimited by posts or existing dividing signs, for example a fence, a wall, a hedge, etc. The parties can position the poles without the intervention of an expert on a line which they have always recognized as a dividing line. If this line is not known with certainty, they can call in an expert and determine the boundary after a measurement. In principle, for amicable delimitation it is not necessary to draw up any written document, but it is still better to draw up a delimitation report and contact an expert expert for this purpose. In theory, the parties can independently prepare a report and attach a plan, but this can cause problems later in terms of evidentiary value. In practice, in most cases an expert is called in, especially when the dividing line is uncertain. This expert can be entrusted with several tasks, so it will be useful to precisely determine the expert's task. Generally, a written appointment deed is drawn up (e.g. appointment deed in the appendix). This act must comply with the provisions of article 1325 of the civil code, after all it is a mutual private agreement. This means, among other things, that private writings containing mutual agreements are valid only to the extent that... half of the document ...continues, the minutes are read in the presence of all parties involved. After the reading, the parties have a certain deadline (minimum 15 days) to submit written comments on the report to the expert. These comments are then added to the final report. Based on the comments, the expert may modify his opinion if necessary. The report is integrated, this is then the final report or final report. This report contains the content of the preliminary report plus the following elements: (Claeyssens, 2013 & Haentjens, 2011-2012)• presence of the parties during the appraisal operations;• representation of oral statements and affirmations;• inventory of documents and notes delivered from the parties to the expert;• resumption of the preliminary report;Works citedVan Beaverflm
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