Appraisal · Judicial appraisal
Judicial appraisal: informing the court on the value of a property
Judicial real-estate appraisal is an assignment ordered by a court in the course of a dispute: Court of First Instance, Court of Appeal or Supreme Court. In Madagascar, Cabinet ExpertImmo | RABENIMANANA Normand conducts these investigations under the responsibility of Mr RABENIMANANA Normand, accredited Building & Real-Estate Expert, registered with the CAREA (Compagnie des Arbitres Rapporteurs et Experts Agréés près les Cours et Tribunaux de Madagascar) since 1990.
Judicial appraisal in brief
Judicial appraisal is entrusted to an expert registered on the CAREA list. The report is intended to inform the magistrates on the technical questions of the case.
The reports prepared are entered into the proceedings and carry the evidential weight granted to the accredited expert, the Malagasy courts retaining sole discretion to assess their scope.
Disputes concerned
- 01
Contested inheritance partitions
Valuation of the real-estate assets to be divided, when the partition is brought before the court.
- 02
Divorces involving real-estate assets
Valuation of the real-estate assets at issue in the proceedings.
- 03
Expropriations
When the Malagasy State carries out an expropriation in the public interest, the expert may be called upon to value the property and inform the determination of the owner’s compensation.
- 04
Construction litigation
Disputes concerning a building, for which the expert draws on his experience in general construction.
- 05
Property seizures
Valuation of a property in the context of a seizure.
The framework of the assignment
Judicial assignments are entrusted by court order or judgment: pre-trial judge, Court of First Instance, Court of Appeal.
Fees are not freely negotiated. They are set and governed by the magistrate’s decision or by the legal taxation provided for under Malagasy civil procedure. The Firm complies strictly with this, both for setting the advance and for the final settlement of costs and fees.
The deadline for submitting the report is set by the court’s order.
The Firm also acts on an amicable basis, at the request of a party, outside any litigation framework imposed by the courts; these assignments are subject to a prior agreement. See the Fees page.
The scope of the report before the courts
- It is admissible as evidence before the Courts of First Instance, the Courts of Appeal and the Supreme Court of Madagascar, which assess its scope at their sole discretion.
- It is admissible before the civil and commercial courts of Madagascar.
- It engages the professional liability of the signing expert.
- Its effect with regard to third parties is assessed under the ordinary rules of law applicable to expert reports.
Who calls on the judicial expert?
The courts and tribunals appoint the expert for real-estate disputes. Appraisal for litigation is usually requested by lawyers, bailiffs and magistrates in real-estate disputes.
All assignments are carried out in accordance with the CAREA code of ethics: independence, impartiality, probity, competence and confidentiality. Every request is reviewed subject to the recusal and conflict-of-interest rules applicable to accredited experts.
See also
Contact
Get in touch
Confidential discussion of your file. A personalised fee proposal is sent to you after review of your request.
Or write to contact@expertimmo.mg