What to do if the neighbors flooded from above: where to go and what documents are needed

How to get reimbursed for expenses

There are several options for the development of events. If the upstairs neighbors admit their guilt and agree to pay damages to the injured homeowner, this can be called a peaceful solution to the problem. The likelihood that the perpetrators will pay for repairs voluntarily, in a pre-trial order, is high. Since after the trial they will most likely have to pay not only for repairs, but also cover legal costs and compensate for the costs of apartment appraisal services.

If they do not agree, use the second option - solve the problem within the framework of the court session. If the neighbors from above are really to blame for flooding the dwelling, then they will be obliged to fully cover all losses.

What steps to take to resolve the dispute

If the affected homeowner wants to resolve the problem peacefully, he needs to draw up a pre-trial claim and send it to the neighbors who staged the flood.

The easiest way to compensate for losses after the neighbors from above have flooded is to agree with them on voluntary payment for repairs

When making a claim, you need to pay attention to a number of significant nuances:

• the claim is always made in writing;
• it is given to the addressee in person or sent by registered mail with acknowledgment of receipt;
• copies of the appraisal examination and estimates for repair and construction work must be attached to the claim;
• in order to avoid a situation with a delay in the response, it is recommended to set the time limits after which the victim will file a claim with the court.

When writing a claim, you need to pay attention to certain items that must be present without fail. These include:

• information about the victim;
• information about the cause of the flood;
• the amount of claims against the neighbor;
• documentary confirmation of the fact of the gulf;
• the circumstances under which the incident occurred;
• General requirements;
• deadline for receiving a response;
• number, signature of the compiler.

If the upstairs neighbors agree to pay for the damage, it is recommended to go to the notary and conclude an agreement on damages. This document is beneficial to both parties, because, on the one hand, it will confirm the transfer of money from a neighbor from above, as the culprit of the flood, and on the other hand, it will exclude the victim’s attempts to receive additional money. After the transfer of funds, it is recommended to write a receipt confirming the receipt of money and the absence of claims from the parties on this issue.

How to get compensation for harm through the court

Litigation regarding flooding of apartments is individual. The claim may be accepted or rejected. The perpetrator of the flood has the right to consider the claims made against him unfounded and file a counterclaim.

The legal process may drag on for a long time, and the funds due to the injured person may not be paid immediately. Compensation established by the court must be made within five days, the actual amount due can be transferred much later.

To resolve the issue in court, you need to prepare the following documents:

• a statement of claim written in accordance with Article 131 of the Civil Code of the Russian Federation;
• a copy of the act on the bay drawn up by the authorized commission;
• an estimate indicating the cost of repairing the premises;
• a copy of the assessment report of an independent expert;
• documents confirming the costs of the appraiser's services;
• certificate of ownership of the premises that was flooded;
• identification.

In accordance with paragraph 5 of Article 23 of the Code of Civil Procedure of the Russian Federation, if the amount requested by the victim is less than 50 thousand rubles, the claim is considered in a magistrate's court or in a city (district) court. If the amount is greater, the statement of claim is filed with the city or district court (Article 22 of the Code of Civil Procedure of the Russian Federation).

If during the period of consideration of the case there is a repeated flooding, then it is necessary to draw up a new act, adjust the estimate and attach the documents to the case materials.

If the decision was made in favor of the injured person, an application for enforcement of the judgment must be filed. To do this, you should appear in the territorial department of bailiffs and transfer the writ of execution there.

What to do if the neighbors from above are flooded

What to do if neighbors flood? The first thing to do is to draw up an act. That is, to document the fact that neighbors flooded you above. Even if your neighbors admit this fact and their guilt, an act must be drawn up, since in the future they may change their mind and refuse to pay damages.

The act can not be drawn up if your neighbors sign a receipt in which they indicate the amount of damage. But it is better not to neglect this document.

Act on the fact of flooding by neighbors

How to draw up an act, what are the deadlines for drawing up an act? The act must be drawn up immediately upon the fact of the incident or after it, but as soon as possible. This document is drawn up and signed in the presence of a commission, which should include:

• the owner (or his representative) of the flooded apartment;
• the owner (or his representative, for example, a tenant) of the apartment from which the leak occurred;
• management company representatives.It is better if the technical specialist of the management company is included in this commission.

Keep in mind that home maintenance is carried out by only one specific management company. Its representatives should be members of the commission. In the act, upon the fact of flooding, the following information should be indicated:

The very fact of flooding and damage

Be sure to indicate exactly where the leak occurred, what damage to property, the amount of flooding and damage. It will be correct if you separately indicate and write down all the damage: their dimensions on the ceiling or ceiling covering, walls, a list of all other damage that occurred as a result of flooding, for example, furniture, appliances, other items, indicating brands, names and other identifying signs. Be sure to indicate the extent of damage.

Cause of flooding

This item must be in the act. This may determine who should pay damages and to what extent. Such reasons may be: an unattended bath or sink, a leak in the heating riser, sewerage, cold or hot water supply, etc.

Causal relationship between flood damage and the cause of this incident

The act should indicate that the damage that you indicated is the result of a leak. The act of the fact that the neighbors flooded you must be signed by all members of the commission present. In case of refusal to sign any of them, this fact is recorded in the act.

Who is to blame if the neighbors flooded

After drawing up the act, it is necessary to determine the culprit of the flood.The Civil Code (in Article 290), the Housing Code (in Article 36) and the Rules for the maintenance of common property in an apartment building (in Section 1) provide for the following principles for determining the perpetrators:

1. The management company is responsible for the water supply risers up to the shut-off and control valve or the first shut-off device, which are located on the outlets from the risers. The owner or tenant is responsible for all equipment, wiring and faucets that are located after the shut-off valves or the first disconnect device.
2. The managing organization is responsible for the heating system (risers, heating radiators, shut-off and control equipment and other equipment that is located on these networks). In judicial practice, radiators, risers, heated towel rails are recognized as the property of an apartment building and are maintained, installed and repaired by the management company. Thus, the owner is not responsible for them. The exception is cases if the owner of the apartment installed or repaired this equipment on his own.

That is, depending on who is responsible for the equipment or element that caused your apartment to be flooded by neighbors, the blame lies with either the owner or the management company.

Making claims against the culprit of flooding

Who to contact if neighbors flood? After determining the culprit, it is necessary to present claims for damages. There are two development options if you are flooded by neighbors:

• The parties determine the amount of damage, and the perpetrator is voluntarily ready to compensate him.In this case, record this fact in writing by an act or agreement, which will indicate the amount and terms of compensation.
• The perpetrator refuses to pay damages. In this case, it is necessary to involve an independent expert organization to determine and record the amount of damage and file a claim with the court.

Probative force

Inspection of the apartment after flooding is an examination that should assess the extent of the damage. It depends on her how quickly and fully compensation can be received. The document confirms the very fact of the bay, it must reflect all the damage that was caused to housing and property in it, and also indicate the cause of the incident. The legislation does not provide for a single form of drawing up a document, but compliance with the rules and procedures established by law is mandatory.

There is one more nuance when the neighbors from above flooded the apartment. For example, what to do if not all the facts were included in the inspection? After all, public utilities often do not include furniture, or the reasons for flooding are not clearly spelled out. In this case, it is necessary to file a statement of disagreement, indicating the shortcomings that are present in the act, and require a new one to be drawn up.

What to do if the neighbors do not want to pay for repairs

If the neighbors flatly refuse to pay for repairs and do not want to negotiate, then the only option is to go to court.

At the same time, it is necessary to take into account such a moment as the actual possibility of the perpetrators to compensate for the damage. If the neighbors do not work, lead an immoral lifestyle, etc., then it is most likely impossible to recover anything from them, even if there is a court decision.

And the trial is time, expenses and spent nerves, which will not always be compensated by the guilty parties.

What documents are needed for the court

As applications for the court will be required;

• claim and its copy for the defendant, notice of delivery of the claim and documents attached to it to the defendant;
• receipt of payment of state duty;
• gulf act;
• conclusion of the appraiser confirming the amount of damage;
• documents for apartments (extract from the USRN, cadastral passport);
• other documents confirming the expenses incurred or the circumstances of the flood (if any).

Compiling and filing a claim

ConsultantPlus has ready-made solutions, including how to draw up and file a claim for compensation for damage caused by an apartment flood. If you don't have access to the system yet, sign up for a free trial online. You can also get the current K+ price list.

If there are designated documents and a firm belief that the neighbors will execute the court decision, it is necessary to draw up a statement of claim according to the general rules of action proceedings.

The claims are set out in Art. 131 and 132 Code of Civil Procedure of the Russian Federation. In Art. 131 of the Code of Civil Procedure of the Russian Federation lists the information that the plaintiff must indicate in the claim. The claim form can be downloaded in the "Documents and Forms" section at the beginning of the article.

In Art. 132 of the Code of Civil Procedure of the Russian Federation lists the list of documents that must be attached to the claim.

How to assess damage

The damage is subject to a professional appraisal by an appraiser. The document confirming the assessment is the appraiser's report.

What to do if the neighbors from above are constantly flooding?

If the neighbors from the upper floors contributed to the fact that not only a wet spot formed on the ceiling, but water runs along the walls, then the first mandatory action is to de-energize the apartment.You can turn off the power by turning the breaker switch to the "off" position. The electrical panel is located, as a rule, on the landing. This step will save the apartment from a short circuit in the wiring that is laid inside the walls, and its residents, respectively, from electric shocks.

After that, you need to turn off the water. You can do this in several ways:

1. Climb up to the neighbors from above and inform them that they are flooding the lower apartments. Neighbors will turn off their water.
2. If the owners of a dysfunctional apartment are not at home, then you need to contact the dispatch service of the management company that maintains the house. Upon a call, an emergency team will be sent to the scene of the accident, which will shut off the water. These same employees will continue to draw up an act on the flooding of the apartment.
3. If the owners of a dwelling that is flooded have access to a shut-off tap, then they can independently block the flow of water throughout the entrance. After all, there are often situations when several residential premises on the lower floors are flooded at once. The main danger for residents who block the shut-off valve is liability in case of damage to communication lines.

After the water is blocked, and the emergency team has not yet arrived, the residents of the flooded living space should try to save those things that have not yet had time to suffer. This minimizes damage.

If it heats only one room, then the surviving things can be moved to other rooms where it is dry. If the flood occurred over the entire area of ​​​​the apartment, then the preserved things, furniture, equipment will have to be taken out to the landing and constantly looked after.After that, it remains to wait for the arrival of the DEU brigade.

We are suing the neighbors who flooded

Before contacting a lawyer or lawyer, ordering an examination or going to court, try to negotiate with the neighbors who flooded you. Estimate the real damage to restore your apartment, which suffered from flooding and report the resulting amount to the culprit of the event.

If the tenants from above declare that the amount of damage calculated by you is overstated, then this is already a good signal for resolving the problem without a trial. This means that people understand their guilt, they are ready to make amends for it, but they have doubts about your honesty. Try to dissuade them: offer to jointly calculate the upcoming costs of repairing an apartment, buying furniture, or offer to hire an expert together to calculate the cost of such costs.

If the neighbors living upstairs understand their fault, admit that they flooded your apartment, but say that they do not have so much money to cover the damage at a time, go to meet them and offer to pay in installments in installments as repairs are completed. In this case, it is better to draw up an appropriate receipt or agreement with the neighbors that they admit the fault in flooding the apartment and agree to pay such and such a sum of money in compensation for damage in such and such a period according to the established schedule.

But, if your opponents from above do not make contact, do not see their guilt, do not believe your calculations of damage, you have only one way - to court. Therefore, let's take a step-by-step look at your next steps in judicial compensation for damage:

First, we turn to an independent expert organization to obtain a commodity expertise to determine the cost of restoring a flooded apartment, as well as the cost of damaged furniture and household appliances. The expert will set the day of departure, notify the guilty neighbors about the date of the examination, come to the apartment, photograph and describe the damage, and, based on the result of his work, in a few days, will give you an expert opinion. In terms of cost, the work of an expert can cost you 10-30 thousand rubles (depending on the region where the apartment is located and the amount of damage).

We independently prepare a statement of claim to go to court or contact a lawyer who specializes in cases of compensation for damage to citizens. The work of a lawyer in a trial in such a case can cost from 20 to 100 thousand rubles, and even more (depending on the city and the complexity of the process). We pay the state duty for going to court, which is calculated from the amount of your claims against the defendant. So, with the amount of claims in the region of 100 thousand rubles, the state duty will be 3 thousand rubles. The state duty calculator can be found on the Internet and look at it - what amount of money for the state duty to prepare for filing a lawsuit in court.

Litigation in cases of this category usually lasts several months. If an expert examination is appointed on the case, the trial may last six months or more. If the defendant, the upstairs neighbor, does not agree with the amount of your claims for damages, a forensic commodity examination will be appointed in the case.If the defendant is generally against the fact that the flooding was due to his fault, the court may order an expert examination to determine the cause of the flooding of the apartment.

Execution of a court decision - receiving money from neighbors from above

It is clear that if you failed to negotiate with your opponent without a trial, then it is unlikely that he will agree to voluntarily pay money by court order. Yes, with all your expenses.

Therefore, at the end of the process, we receive a writ of execution in court (in case a lawyer does not collect money from you) and contact the bailiff service at the place of registration of the defendant (usually in the same area where the apartment is located). We provide bank details to the bailiff.

After completing these actions, we are waiting for the receipt of money won from neighbors from above to our current account (bank card). If there is no money within two months, it is advisable to contact the bailiff and find out the reason for the non-execution of the court decision. It may happen that the debtor does not work, does not own a car, does not have a bank account. In this case, you should insist that the bailiff go to the debtor's apartment, describe and seize all more or less valuable property from it.

Since the damage in such cases usually does not amount to very large amounts, the property located on top of the apartment (furniture, household and computer equipment, jewelry, etc.) may well be enough after the sale as part of enforcement proceedings to compensate for the damage caused to them.

Lawyer Gennady Efremov

Listen to the author of this site - lawyer Efremov. He talks about what to do if you are flooded by neighbors from above:

What to do if flooded

But first of all, what to do when you find yourself in your own home, affected by an artificial flood?

The main thing is to de-energize the house! Turn off the electricity for your own safety. The next step is fixing what happened. You need either pictures or video. Film everything that happened (or what is happening, if it is being uploaded at the moment) to get evidence for the future.

By the way, it is not necessary that the perpetrators are the residents of the apartment above the affected housing. The leak could have occurred anywhere in the communication intricacies. Therefore, all measures should be taken to detect a source of water - call emergency workers and employees of the housing department or the Criminal Code.

If the matter is in the riser (and this is common house property), the housing management company will be the culprit. If the neighbors forgot to turn off the water or failed to change the pipes in time, then it will be their fault.

Important nuances

As in any matter, when filling an apartment there are controversial nuances that may arise in reality.

I would like to draw your attention to some of them.

Moral damage

As we said earlier, the injured party has the right to demand compensation not only in the amount of the damage caused, but also a certain amount of moral damage.

Moral damage is considered inflicted, if the injured party suffered moral or physical suffering (non-property). That is, the very fact of the bay of the apartment does not mean that the person was harmed morally. But if, for example, any important documents (passport, certificates, notarized powers of attorney, and the like) were damaged as a result of the bay of the apartment, then you can try to compensate for moral damage.

In addition, very often in practice there are cases of compensation for moral damage due to severe flooding of the apartment, as a result of which a person could not stay and spend the night at home for a long time.

Please note that it is possible to obtain compensation for moral damage through the court only on the condition that the injured and guilty parties are the consumer and the contractor under the contract. A similar opinion was voiced in the Appeal ruling of the Moscow City Court dated September 30, 2019 N 33-41644 / 2019

If the guilty party is an individual, that is, a neighbor from above, then the court may refuse to compensate for non-pecuniary damage.

In this case, the victim should personally agree with the perpetrator on compensation for moral damage.

The amount of compensation for moral damage is determined depending on:

1. nature of moral and physical suffering;
2. the defendant's degree of guilt;
3. other individual features.

The Criminal Code refuses to sign the act on the bay of the apartment

Employees of the management company or housing office must draw up an act within 12 hours after the apartment is filled. If this is not possible, including if employees refuse to draw up an act, the injured party has the right to draw up an act on their own. This possibility is spelled out in paragraph 110 of the Rules for the provision of public services, approved by Decree of the Government of the Russian Federation of 05/06/2011 No. 354.

To draw up an act of filling the apartment, the injured party must call at least 2 witnesses and a representative of the council of the apartment building (the head of the house), who will sign this act. The act is also drawn up in 2 copies. One act remains with the injured party, the second is sent to the legal address of the Criminal Code or Housing Office.

In addition, the injured party should file a complaint about the inaction on the part of the employees of the Criminal Code or Housing Office to the local administration or the prosecutor's office. This complaint will be evidence that the victim called specialists to draw up an act on the bay of the apartment. Because the judge may ask for clarification as to why the act does not bear the seal of the Criminal Code or the ZhEK and the signature of the responsible person.

Unknown apartment owner

Recently many owners rent out their apartments, but they themselves live in another place or even in another city. The claim and statement of claim must be addressed specifically to the owner of the apartment, and not the tenant.

Please note that tenants have the right not to provide contact information of landlords. And sometimes they themselves may not know it, since, for example, they entered into a lease agreement through a realtor, and the money is transferred using bank details

Sergey Romanov told how to find out the owner of the apartment:

It is worth noting that if tenants live in the apartment, then it is worth clarifying how they rent an apartment. If under a rental agreement, then it is worth clarifying who is responsible for malfunctions in the apartment. If the contract states that the tenant is responsible for the safety of the equipment, then the claim can be made in the name of the tenants.

Flooded neighbors: the procedure for the victim

When all the specialists arrive at the place, it is necessary to fix the fact of flooding.

Filling out an act describing the accident

By this time, you should have photographed all the destruction. It is desirable to find two or three witnesses, it is possible among the neighbors.It is likely that the tenants from the apartment below were also affected - contact them. The act is drawn up by an employee of the Criminal Code, HOA, housing department.

What to display in the act

• The address of your apartment.
• Current date: day, month, year.
• Full name: yours, responsible for the flood, witnesses, representative of utilities with an indication of the position.
• The reason for the document. Established or suspected cause of flooding.
• Description of damage. In what room, in what areas, and in what form, damage was found. It can be stains, streaks, puddles, on the floor, walls, ceiling. Also include a list of damaged items. Indicate that the damage was discovered on the day of the inspection. What comes to light is later also fixed by a specialist from the utilities.

In the last part, it is necessary to indicate the fact of taking photographs and the fact that the document was drawn up on the basis of the inspection. If possible, print out the pictures and attach them to the papers. It is necessary to carefully monitor what exactly is brought into this paragraph, since the damage can be deliberately underestimated. Don't be afraid to comment. The act is certified by the signatures of all those who participated in its preparation. Refusals in signatures are noted separately. If the guilty neighbors do not want to sign, it is not scary. You can still sue them and demand a refund. The second copy of the document must remain with you.

Solving the problem peacefully

Of course, it is better to negotiate with the culprit without litigation, as it can last for many months. All this time it is impossible to make repairs - verification examinations will be required either from your side or from the side of the defendant.

If you can come to a consensus, draw up a cost estimate and an indemnity agreement. Be sure to certify it with a notary - it will be safer for both you and your neighbor. The Flood Manager will confirm their intention to pay compensation and make sure that you do not try to get additional benefits.

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Solving the problem through the court

Neighbors flooded the apartment, but refuse to pay compensation? First you need to conduct an independent examination - to make it better a few days after the accident. You pay for the services of an appraiser, but after a court decision, the cost is reimbursed by the losing party.

The person responsible for flooding must be notified of the examination by telegram or registered mail 5 days before it begins. So that you have confirmation that you sent the information.

It is advisable to find checks that indicate the cost of damaged household appliances and other things. If they are not available, the amount will be calculated at the average market prices in your area. In addition to material costs, moral damage can be included in the estimate.

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The invited specialist must have a qualification certificate, and the company in which he works must have an SRO permit. It is imperative to conclude an agreement with him, receive a receipt from him, a signed acceptance certificate, a claim addressed to the person responsible for the accident. The latter lists the cause of the flood, its consequences, and the signature of the one who will be held responsible. After the assessment is completed, you can apply to the court.

A package of documents for applying to the court

• Statement of claim.
• A copy of the act describing the flood from the commission and a copy from the affected party.
• A copy of the act from an expert appraiser and a copy of the estimate.
• Photos and videos of damage.
• Documents confirming the ownership.

If the responsibility for flooding lies with the management company, the set of documents will be the same. Be careful when filling out the paperwork so that the lawyer of the Criminal Code does not have a reason to drag out or break up the lawsuit.

Where to send a claim:

• If the amount of damage is less than 50,000 rubles - a justice of the peace.
• More than 50,000 rubles - a district or city court.

In the process of considering the case, the housing was flooded again? Draw up a second inspection report, correct the estimate and add it to the existing documents.

Where to apply if the affected apartment is insured

If an insurance policy has been issued for real estate, you need to contact the company that issued it. After that, an independent examination is appointed. It is attended by a representative of the UK. After documenting the assessment and cost estimate, the insurance company makes a decision on reimbursement of repair costs.

Now you know what to do and where to turn when the neighbors from above flooded.

Step-by-step instructions for actions in case of flooding of an apartment due to the fault of neighbors

In order to reduce the amount of damage done to your property and receive compensation from your neighbors as quickly as possible, you need to follow a certain algorithm of actions.

1. Stop the flood in the apartment. Ask your neighbors to turn off the water. Turn off the electricity in the house. If there are no residents on the floor above at this moment of the house, call the emergency service or specialists of the management company to the house. They will turn off the water and draw up the necessary documents, having previously determined the cause of the flood and the culprit of its occurrence.
2. Damage assessment.Visually assessing the losses incurred is very problematic. And in the absence of an admission of guilt by the neighbors, additional difficulties may arise. And sometimes (if the cause of the flood is a break in a pipe, valve, parts of the water supply network), the fault lies not at all with the neighbors, but with the management company.
3. Appeal to neighbors. The first persons to be notified of the situation that has arisen are the neighbors themselves. They need to be invited to the apartment immediately after the flooding was discovered. Next, you should demonstrate the problem - wet wallpaper, ceilings, walls. Ask your neighbor how he plans to compensate for the damage.
4. Attracting witnesses and fixing losses. In the apartment where the flooding occurred, you should call specialists from the management company and other neighbors who can examine what happened. At the same time, before their eyes, you can take a photo, video with damaged property.
5. Drawing up an act. Within 12 hours from the moment of flooding, this document is compiled indicating all the details of the incident and its consequences. If the neighbor is ready to meet the halfway and peacefully give money for damages, at this stage the litigation process is completed. If not, then you need to file a lawsuit.
6. Professional assessment. In practice, situations often arise when an upstairs neighbor shrugs off responsibility and deliberately underestimates the cost of the damage caused. At the same time, the injured party wants the perpetrator to bear full responsibility for what he did. If you plan to go to court, one act on the flooding of the apartment by neighbors will not be enough - professional expertise will be required.
7. Appeal to authorities. Most often, at this stage, a statement of claim is filed with the court.The victim collects the necessary set of documents and files a claim. It is within the framework of the trial that the further outcome of the flooding of the apartment by the neighbors from above is decided.

What is important for the court?

If the case does go to court, the owner of the flooded apartment presents a damage assessment document. In the event that you consider yourself innocent of the accident, you can order an assessment of the damage to your apartment and try to prove your innocence. This is not an easy task, but doable.

There are several reasons for avoiding flood liability, which you will need to prove in court:

1. The onset of force majeure. These include actions of a natural nature, military actions, etc. The confirmation of such cases is the decision of the municipality. Only it can serve as a basis for judgment.
2. Liability of third parties. Here it is necessary to prove the boundaries of the delimitation of responsibility for the operation of the water supply system. Usually, a representative of the management company is involved as a third party for this.

You may have disagreements about a case brought to court. If you do not agree with the claims, you can:

• state them in the objection, where indicate that you do not plead guilty and specify who, in your opinion, is;
• try to reduce the amount of damage, for which order a forensic examination;
• dispute the amount of moral damages.

Independent examination of the apartment after the bay;

If it is not possible to reach an agreement with the affected party on the amount of damage, there are other ways to assess the losses caused to the neighbors below:

1. Call an independent expert. Who will pay for his services is up to the parties to the conflict to decide (maybe they will share the costs equally, or maybe they will be taken over by one of the parties).Based on the conclusion, payment is made. If one of the parties does not agree with the conclusions of the expert, an additional examination may be carried out or the case is referred to the court for consideration.
2. How much the perpetrator will have to pay can also be determined by the court if the parties themselves cannot do this - based on the evidence presented, for example (this can be photographs, videos, witness statements, a drawn up act, certificates, and so on). If necessary, the court may also order an expert examination. In this case, the payment for the services of the appraiser will be divided between the parties at the discretion of the court.

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