SCHIMBAREA CATEGORIEI DE FOLOSINȚĂ A UNOR TERENURI CATALOGATE DREPT PĂDURI ÎN CAZUL NECONCORDANȚEI DINTRE CATEGORIA DE FOLOSINȚĂ ȘI SITUAȚIA JURIDICĂ REALĂ

In this study, by an inductive method, we will try to address the problem, the solution and the
arguments that could be found in certain situations where there is a disagreement between the
category of use of a land classified as forest and its actual legal situation, disagreement which
unreasonably generates limitations of the right to build on the land in question.
In case a land has mentioned in the title of property the category of use „Forest” (Pd), but this
land does not actually meet the legal conditions provided by Articles 1, 2, 19 (1) and Article 20 (2) of
the Law No 46/2008 on the Forest Code in order to be considered forest, in order to be part of the
national forest fund and in order to be mandatorily subject to the regime of a forest arrangement,
then this land must be considered only a land with forest vegetation outside the national forest fund
or a simple land not subject in any way to the provisions of the Law No 46/2008 on the Forest Code,
for which it is possible to request the change of the category of use according to Article 24 (1) and (2)
of the Law No 46/2008 on the Forest Code.