Academic literature on the topic 'Law for valuating real estate'

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Journal articles on the topic "Law for valuating real estate"

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Durica, Marek, Danuse Guttenova, Ludovit Pinda, and Lucia Svabova. "Sustainable Value of Investment in Real Estate: Real Options Approach." Sustainability 10, no. 12 (December 7, 2018): 4665. http://dx.doi.org/10.3390/su10124665.

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The issue of application of real option valuation approach in the valuation of investment project is presented in the article in a way in which the flexibility of the project could be included in the process of its valuation. The authors apply the valuation approach in case of a specific investment project in the real estate in the capital city of the Czech Republic—Prague, using the option to expand, to contract, and to abandon the project. The main aim of this case study is to present a practical application of the investment valuation and to construct an option pricing model for real estate investment which considers and integrates as many aspects of the investment and market environment as possible to describe the best situation of the real estate market and its development. The valuation of the investment is carried out using a universally applicable numerical method of binomial trees. The results obtained are subjected to the sensitivity analysis with respect to the discount rate, value of the most influential parameter of the volatility and the input option parameters. The results of the valuation of the project obtained using the real option approach are important mainly for the management of the company in the process of quantification of the present value of future investments. Implementation of managerial interventions enables for optimizing the value of the project not only in case of favourable development of the real estate market, but particularly in case of unfavourable development. Therefore, they are important in order to protect an investor from potential high losses. Finally, the valuation of these interventions increases the present value of the project, contributing to the decision of the corporate management regarding its implementation.
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Chikafalimani, Samuel H. P., Nathan Kibwami, and Sibusiso Moyo. "Perceptions of Academics on Real Estate Topics in Africa." Real Estate Management and Valuation 29, no. 1 (March 1, 2021): 30–40. http://dx.doi.org/10.2478/remav-2021-0004.

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Abstract This paper presents the perceptions of academics on real estate topics offered in Bachelors Real Estate (BRE) curricula in Africa. In order to understand the perceptions of academics on real estate topics, a survey of seven selected BRE curricula offered in different regions of Africa was conducted to determine important real estate topics academics included in the curricula. After analyzing the curricula, sorting and re-grouping the topics: Real estate management, Real estate valuation, Real estate economics, Real estate finance and investment, Real estate development, Real estate law, Real estate planning, Real estate research, Real estate industrial training and Real estate electives emerged to be important topics the academics considered to include in the curricula. The topics are in line with those expected in a real estate curriculum. In addition, results revealed that BRE curricula follow the interdisciplinary approach to real estate education. Findings will encourage universities in Africa and elsewhere to develop comprehensive real estate curricula or improve existing ones to accommodate the interdisciplinary approach and the international perspective of real estate education because of their benefits. The study will also support the harmonization of real estate education, practice, investment and business in Africa, hence contributing towards the economic development of the continent.
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Adamczyk, Tomasz, Agnieszka Bieda, and Piotr Parzych. "Appraisal of Real Estate with Various Functions in the Context of Sustainable Development." Journal of Applied Engineering Sciences 9, no. 1 (May 1, 2019): 7–18. http://dx.doi.org/10.2478/jaes-2019-0001.

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Abstract The value of a piece of real estate depends on the purpose it is used for and on its function in planning documents. Unfortunately, current land development trends and the provisions of the law that are applicable in these documents often lead to real estate with heterogeneous functions. The valuation of such properties requires a special approach. One method is to divide the prices of real estate similar to the appraised real estate into components that correspond to areas with certain functions. The aim of this paper is to present statistical methods that can facilitate such a solution. The valuation models (parametric and conditional) presented in this article come from geodetic methods for the reconciliation of results. The presented calculations suggest that it is necessary to verify whether the heterogeneous functions of real estate should be considered in its appraisal.
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Barańska, Anna. "Real Estate Mass Appraisal in Selected Countries – Functioning Systems and Proposed Solutions." Real Estate Management and Valuation 21, no. 3 (September 1, 2013): 35–42. http://dx.doi.org/10.2478/remav-2013-0024.

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Abstract In this paper, the systems of real estate mass appraisal in some selected European countries will be discussed, in comparison with those of individual countries on other continents, in terms of similarities and differences in law, institutional scope and subjects responsible for its execution. With selected countries serving as an example, the practical aspects of operating the real estate owners’ taxation system will be discussed as well the data acquiring process, considered price-making factors, proceeding methodology and circumstances taken into account in real estate cadastral valuation, giving consideration to national specificity.
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Eliasson, Jonas, Fredrik Kopsch, Svante Mandell, and Mats Wilhelmsson. "Transport Mode and the Value of Accessibility–A Potential Input for Sustainable Investment Analysis." Sustainability 12, no. 5 (March 10, 2020): 2143. http://dx.doi.org/10.3390/su12052143.

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Accessibility plays an essential role in determining real estate prices and land use. An understanding of how accessibility and changes in accessibility influence real estate prices is key to making decisions regarding investments in infrastructure projects. From an accessibility point of view, it is not clear that there should be differences in valuation depending on the mode of public transport, road, or rail. There are, however, other differences that may affect real estate prices differently. For example, railway stations more often than bus stations, tend to be associated with a higher level of service. In addition, an investment in a railway station may signal a long-term decision from the policymaker. A third possible explanation concerns differences in perceived safety, comfort, and security. This paper aims to study if and how capitalization of accessibility differs between modes of transportation. The findings indicate that rail has a higher impact, both for single-family and multifamily houses. The implication of these findings may be of importance for future infrastructure investments and their corresponding cost-benefit analyses. Incorrect valuations of the benefits of infrastructure investments may result in sub-optimal investments.
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Butyrin, A. Yu, V. M. Kruglyakova, and I. A. Shipilova. "The Application of Public Data in Forensic Real Estate Valuations: Problems, Limitations, Opportunities." Theory and Practice of Forensic Science 14, no. 1 (April 10, 2019): 24–29. http://dx.doi.org/10.30764/1819-2785-2019-14-1-24-29.

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One of the problems with the practice of legal proceedings is the determination of the legal authority limits of a forensic expert when he forms an array of initial data, the structure and content of which would provide a full and comprehensive research of the issues put before him by the body (person) having appointed the examination. The possibility of the specifed initial data completeness ensuring is suggested and substantiated in the article, arguments arising from the provisions of the law concerning neutralization of the traditional criticism directions of the expert in this part during his interrogation in the course of judicial proceedings on his conclusion are adduced.
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Marona, Bartłomiej, and Annette van den Beemt-Tjeerdsma. "Impact of Public Management Approaches on Municipal Real Estate Management in Poland and The Netherlands." Sustainability 10, no. 11 (November 20, 2018): 4291. http://dx.doi.org/10.3390/su10114291.

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Since the economic crisis (2008) municipalities became more aware of their real estate portfolio. Their first reaction to the sense of urgency to pay more attention to this extensive property was to improve their real estate administration. Now, ten years later, municipalities are ready to focus more on the professionalization of the management of their real estate. The purpose of this study is to present the role of individual concepts of public management in Polish and Dutch municipal (public) real estate management. The paper is based on the results on survey research based on public real estate management theory and two public management approaches: new public management and good governance. First, preliminary research was carried out in a Polish metropolitan area after which all Polish metropolitan areas where questioned about their real estate management issues. This questionnaire was also sent to all Dutch municipalities one year later. The Hellwig’s taxonomic method was performed on both separately to assess the level of implementation of good governance and new public management principles in real estate management practices. The research shows that new public management standards are applied at a similar level in municipal real estate management in Poland and The Netherlands. Good governance standards are used a little more broadly in Poland than in The Netherlands. The research shows that in Poland and The Netherlands the concepts of new public management and good governance are not applied as a whole but are deployed as a collection of instruments. Most municipalities choose some of these instruments to apply to their municipal real estate (MREM). Both in Poland and in The Netherlands there are differences noticed in the application of new public management and good governance principles depending on the type of municipality. Besides this originality and scientific relevance, municipalities of both countries could benefit from this comparison by learning from best practices. Practical recommendations and suggestions for public administration concern: (i) the necessity to develop municipal real estate management plans; (ii) increase regularity of asset valuation and (iii) assessment of real estate management performance; (iv) greater transparency in real estate management; and (v) increasing the participation of citizens in the process of managing real estate.
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Tymoshchyk, L. "Property Valuation in the Property Management System: Analysis of Conceptual Problems." Modern Economics 24, no. 1 (December 16, 2020): 194–99. http://dx.doi.org/10.31521/modecon.v24(2020)-31.

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Introduction. Today, significant property assets in the form of real estate and land are in the possession of Ukraine. To make a profit from property requires an effective management system, an important tool of which is the assessment of property value. Purpose. The main purpose of the article is to consider the obstacles to the development of property valuation as one of the tools of property management. The article also explores the peculiarities of the development of Ukrainian legislation in the field of property valuation and management, presents general recommendations for the development of the property procedure. Results. The author identifies eleven conceptual problems of use and development of property valuation in the property management system. Among the most important is the lack of detailed legislative and procedural support of the property valuation procedure, in particular – the lack of a register of state property (both functionally real estate and unfinished), insufficient regulation of land and property legislation. Insufficient guarantees of observance of the rights to possession and use of property (real estate) are considered as obstacles to the growth of the role of small and medium business, and as a negative trend in the lives of people in the temporarily occupied territory. The influence on the development of property valuation of such market characteristics as competitiveness and lack of free competition, which contribute to the determination of the final value of property such factors as monopoly and government decisions, is analyzed. Conclusions. The process of property valuation occupies a significant place in the process of effective property management, but in our country this procedure is still developing. The author emphasizes that a fair and objective assessment requires, above all, respect for constitutional rights and guarantees in the field of property. The second priority area for improvement is the formation of an integrated and complete legal framework in the areas of property management and land law, the creation of a complete register of all state-owned real estate. It is recommended to pay attention to the need to study the impact of the market on the final valuation. Keywords: property valuation; property management valuation; property valuation mechanism; small business; real estate use right.
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Rosasco, Paolo, and Leopoldo Sdino. "Infrastructures and Sustainability: An Estimation Model for a New Highway Near Genoa." Sustainability 12, no. 12 (June 20, 2020): 5051. http://dx.doi.org/10.3390/su12125051.

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The economic development of a territory is strongly correlated to its level of infrastructure (railway, roads, etc.); the complexity of this type of works requires careful planning and design that cannot be separated from the assessment of the impacts generated on citizenship affected by the new infrastructures. This study deals with the instrument defined by the Liguria Region for the implementation of infrastructures through the instruments called “Programmi Regionali di Intervento Strategico—P.R.I.S.” (Regional Strategic Intervention Programs) established by the Regional Law n. 39/2007. The aim of the P.R.I.S. is to guarantee the social protection of citizens that reside (as owners or tenants) or carry out economic activities in real estate units incompatible with the construction of the infrastructure, according to the main Italian law (Presidential Decree n. 327/2001) about the expropriation of private real estate for the construction of public works. In particular, the construction of a new link of the A7-A10-A12 motorway sections near the city of Genoa (called “Gronda”) is considered. The new infrastructure involves the expropriation of about 100 residential units and the relocation of about 50 production activities; the related P.R.I.S. defines the conditions that allow social cohesion through the recognition of indemnities for the expropriation of the real estate properties and the compensation of other expenses that the residents have to pay for their relocation. The valuation of the indemnities is developed through a multi-parameter model applicable for the estimation of real estate units (residential and productive) at a large-scale (mass appraisal); it is derived from the Market Comparison Approach and considers the most meaningful real estate characteristics. The aim is to develop a mass appraisal estimation model applicable in an easy way on real estate units with different destinations use. The model can be applied for the estimation of ordinary and special indemnities to be recognized for owners and tenants affected by the expropriation of their real estate units for the construction of public projects.
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Arcuri, Natale, Manuela De Ruggiero, Francesca Salvo, and Raffaele Zinno. "Automated Valuation Methods through the Cost Approach in a BIM and GIS Integration Framework for Smart City Appraisals." Sustainability 12, no. 18 (September 13, 2020): 7546. http://dx.doi.org/10.3390/su12187546.

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The principle behind sustainable city movements is represented by the idea of “good living”, which is the possibility of having solutions and services that allow citizens to live in an easy, simple, and enjoyable way. Policies for urban quality play a central role in the slow cities manifesto, often suggesting the use of Information and Communication Technologies (ITC) in the development of interactive services for citizens. Among these, an interesting possibility is to offer citizens digital real estate consultancy services through the implementation of automated evaluation methods. An automated appraisal action—which is already complex in itself owing to the need to collect data in a consistent, standardized, but also differentiated way so as to require the adoption of real estate due diligence—collides on the operational level with the concrete difficulty of acquiring necessary data, much more so since the reference market is dark, atypical, and viscous. These operational difficulties are deepened by the epistemological nature of the appraisal discipline itself, which bases its methodology on the forecast postulate, recalling the need to objectify as much as possible the evaluation from the perspective of an intersubjective sharing argument. These circumstances have led, on the one hand, to the definition of internationally accepted uniform evaluation rules (IVS, 2017) and, on the other, to the testing of automated valuation methods aimed at returning computer-based appraisals (AVM). Starting from the awareness that real estate valuation refers essentially to information and georeferences, this paper aims to demonstrate how real estate appraisal analysis can be further improved through information technology (IT), directing real estate valuation towards objectivity in compliance with international valuation standards. Particularly, the paper intends to show the potential of combining geographic information systems (GISs) and building information models (BIMs) in automated valuation methods through the depreciated reproduction cost. The paper also proposes a BIM-GIS semi-automatic prototype based on the depreciated reconstruction cost through an experimentation in Rende (Italy).
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Dissertations / Theses on the topic "Law for valuating real estate"

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Neumannová, Kateřina. "Oceňování nemovitostí pro potřeby realitní činnosti." Master's thesis, Vysoké učení technické v Brně. Ústav soudního inženýrství, 2010. http://www.nusl.cz/ntk/nusl-232482.

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This Diploma Theses deals with services offered by the domestic estate agencies. They are related to the main activities of an estate agency, which are selling and purchasing real estate. Based on the purposes mentioned above, different means of valuating needs to be applied. A purchaser needs an estimation of a usual market price of the real estate in order to obtain a mortgage loan. A seller needs an expert’s opinion (the administrative price) for quoting the property tax. The Diploma Theses has been divided into two parts. The first part is theoretical and the second is practical. The theoretical part deals with quoting a market price of real estate. I have focused on quoting market prices for the needs of banks to grant loans and credits. Valuating, which has been described in the theoretical part, has been applied on some concrete real estate from 2008 and 2009. The aim of the practical part is to investigate the hypothesis that administrative prices are at the same level with market prices. Based on the generalised results of the investigation from years 2008 and 2009, I have tried to describe some possible development of the prices.
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Djordjevic, Sanja, and Christin Koebe. "A Real Estate Agent and Inspection Clauses." Thesis, Malmö högskola, Fakulteten för kultur och samhälle (KS), 2016. http://urn.kb.se/resolve?urn=urn:nbn:se:mau:diva-23554.

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En fastighetstransaktion är inte bara en av de största ekonomiska handlingar en person företar sig under sin livstid utan även en komplex process, varför lagen med tiden har velat reglera processen. En av de viktiga anledningarna till att området behöver utforskas djupare är för att öka förståelsen för riskerna som de involverade parterna löper. Det är framförallt innehållet i köpekontraktet och tolkningen av detta som orsakar flest problem idag. Och här är fastighetsmäklarens kontraktsskapande och rådgivande roll avgörande för utformningen avavtal och dess innebörd. Återgångsklausuler är förmodligen de villkor i avtalet som orsakatflest tvister, framförallt besiktningsklausuler, vilket även utgör uppsatsens centrala del. Syftetär att jämföra och analysera olika besiktningsklausulers utformning för att kunna redogöra förproblematiken kring formulering av dessa och vad som är viktigt att ta hänsyn till vidutformningen av klausulerna. Uppsatsen visar att det finns flera faktorer som är avgörande för villkorens giltighet, exempelvis en begäran om återgång måste finnas med samt tidsfrist för begäran om återgång. Slutsatsen är att det är av stor vikt att mäklaren inte förlitar sig påschablonartade standardklausuler utan anpassar villkoren till varje enskilt fall.
A real estate transaction is not only one of the largest financial transaction a personundertakes in their lifetime but at the same time a complex process, which is why thelegislator over time has wanted to regulate the process. One of the important reasons that thesubject needs to be explored more deeply is to increase understanding of the risks incurred by the contracting parties. It is above all the content of the purchase contract and interpretation of this that cause the most problems today. Here, the real estate agent’s contract drafting and advisory role is crucial for the design of the agreement and its implications. Contingency clauses are probably the conditions in the contract that cause the largest number of disputes, especially inspection clauses, which also constitute the essay's central part. The aim is to compare and analyze different inspection clauses design to account for the problem of formulation of these and what is important to take into account in the design of the clauses. The paper shows that there are several factors that are crucial for the validity of the clauses, for example a request for return must be included and the time limit of the request for return. The conclusion is that it is of paramount importance that the broker does not trust blindly in standard clauses, but rather adapts them to the case at hand.
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Ho, Chong In. "Legal issues arising from remuneration of real estate brokers in Macau." Thesis, University of Macau, 2016. http://umaclib3.umac.mo/record=b3537211.

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Aguiar, Maricruz. "Real estate law the American dream transfigured into the American mortgage crisis." Honors in the Major Thesis, University of Central Florida, 2012. http://digital.library.ucf.edu/cdm/ref/collection/ETH/id/655.

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Real Estate law is the body of rules and regulations with legal codes that concern ownership, development and transactions. Real Estate has grown to be one of the main contributors to the nation's financial system. For decades, the housing market has been such an integral part of the economy. Unfortunately, in the beginning of the twenty-first century lax regulatory oversight led the nation to an economic collapse. Indeed, federal, state and local governments have become heavily involved in solving the downward spiral in the economy. This research focuses on the mortgage crisis in order to show how Real Estate law can in fact, restore the economy when the government has a balance between regulations and market discipline. The intent of this thesis was to study the occurrence of the mortgage crisis, the regulatory authorities and the legal effects of the housing market. Through the analysis of case law and statutes, data, previous recessions, and economic indicators, this thesis examines the key factors in our legal system that should drive reform in our economy. Results suggested that greater efforts to a regulatory structure generate a secure financial system. Thus, the purpose of this thesis is not only to solve our current mortgage crisis but also to mitigate or prevent future crises.
B.A. and B.S.
Bachelors
Health and Public Affairs
Legal Studies
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Speckhahn, Wolfgang. "Real estate investment trusts (REITS) in Europe : Europeanizing tax regimes." Thesis, Anglia Ruskin University, 2015. http://arro.anglia.ac.uk/579909/.

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The research investigated the impact of EU law and policies on direct taxation in REITs, and movement towards a harmonised EU-REIT with common direct taxation of REITs profits. It represents the first comparative study of EU member state REIT regimes to identify an emerging common understanding informed by European jurisprudence and Europeanization policy and theory. After identifying the fundamental elements of a REIT (following the original US model) within a context of Europeanization theory, the research examined EU policy mechanisms (such as goodness of fit and adaptational soft pressure) and the impact of relevant case law from the European Court of Justice. It then presented in-depth case studies of three member states: France (example of a well-established REIT regime), Bulgaria (a new accession state) and Spain (a recent REIT regime). The research found an emerging common understanding between member states’ REIT regimes, offering the prospect of a European harmonised REIT form distinguishable from the US model. It also found negative approaches to direct taxation in cross-border situations, and member state concerns about loss of sovereignty and tax base, which should be recognised within any harmonised direct tax regime. The research can claim to be the first comparative analysis of MS REIT regimes to address a common understanding, and thus is relevant to practitioners and academics in the fields of European law and international taxation. It has potential to contribute towards an improved common direct taxation approach and the harmonisation of European REITs within the wider processes of Europeanization. The research was limited to REIT regimes in EU member states, and further research could analyse relevant member state tax regimes outside the 'common understanding' REIT model, and further explores issues of loss of sovereignty and tax base in member states.
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Lucas, John Paul. "Essays on City Size Distribution and Real Estate Bubbles." FIU Digital Commons, 2012. http://digitalcommons.fiu.edu/etd/552.

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This is a dissertation about urban systems; within this broad subject I tackle three issues, one that focuses on an observed inter-city relationship and two that focus on an intra-city phenomenon. In Chapter II I adapt a model of random emergence of economic opportunities from the firm growth literature to the urban dynamics situation and present several predictions for urban system dynamics. One of these predictions is that the older the city the larger and more diversified it is going to be on average, which I proceed to verify empirically using two distinct datasets. In Chapter III I analyze the Residential Real Estate Bubble that took place in Miami-Dade County from 1999 to 2006. I adopt a Spatial-Economic model developed for the Paris Bubble episode of 1984-1993 and formulate an innovative test of the results in terms of speculative intensity on the basis of proxies of investor activity available in my dataset. My results support the idea that the best or more expensive areas are also where the greatest speculative activity takes place and where the rapid increase in prices begins. The most significant departure from previous studies that emerges in my results is the absence of a wider gap between high priced areas and low priced areas in the peak year. I develop a measure of dispersion in value among areas and contrast the Miami-Dade and Paris episodes. In Chapter IV I analyze the impact on tax equity of a Florida tax-limiting legislation known as Save Our Homes. I first compare homesteaded and non-homesteaded properties, and second, look within the subset of homesteaded properties. I find that non- homesteaded properties increase their share of taxes paid relative to homesteaded properties during an up market, but that this is reversed during a down market. For the subset of homesteaded properties I find that the impact on tax equity of SOH will depend on differential growth rates among higher and lower valued homes, but during times of rapid home price appreciation, in a scenario of no differential growth rates in property values, SOH increases progressivity relative to the prior system.
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Acosta, Bernedo Otto Alonso, and Monteza Favio Montenegro. "Property taxation and real estate investment in Perú." THĒMIS-Revista de Derecho, 2017. http://repositorio.pucp.edu.pe/index/handle/123456789/108285.

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In the present article, the authors analyze the issues related to the Property Taxation on venues that have urban habilitation and/or buildingprojects.In order to accomplish that, the authors examine the basis of the right to build, describe the stages of the constructive administrative procedure as regulated in Law 29090 and, finally, comment on the recent precedent of the Tax Court whichregards the matter.
En el presente artículo, los autores analizan la problemática del Impuesto Predial respecto de predios que cuentan con proyectos de habilitación urbana y/o edificación. Para ello, los autores examinan el fundamento del derecho a construir, describen las etapas del procedimiento administrativo constructivo regulado en la Ley 29090 y, finalmente, comentan el reciente precedente del Tribunal Fiscal al respecto.
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Sterner, Nordin Amanda. "Air rights - A study of urban ropeways from a real estate law perspective." Thesis, KTH, Fastigheter och byggande, 2016. http://urn.kb.se/resolve?urn=urn:nbn:se:kth:diva-190777.

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Ropeways and cable cars are a means of transportation in the air, which is best known for transporting goods and people across natural obstacles such as lakes, mountains and valleys. Ropeways are tightly associated with alpine areas, but in recent years, a new use has emerged for ropeways. Ropeways have evolved into a personal transport in urban environments and are used to bind together neighborhoods that are separated by urban obstacles such as highways, railways and ports. Urban ropeways have been highlighted both as a way to make efficient use of land space and as an ecologically sustainable transport. Urban cableways are common in South America but has also increased in popularity in Europe. Today we can find urban ropeways in cities such as London, Coblenz and Ankara, and now urban ropeways are also planned for in Sweden. The municipality of Sollentuna and the city of Gothenburg are investigating the possibility of integrating urban ropeway in the public transport system. In conjunction with a new transport system in the air in urban environments, many real estate legal issues that need to be addressed. The aim of the master thesis was to investigate the possible and appropriate approach to acquire rights to the air space in urban environments for ropeways. The study has been carried out as a legal study which has its basis in a groundwork study. In addition to this a supplementary interviews with experts in the field, case studies, studies of cadastral documents and case studies of the planned ropeways in Sweden were conducted. A comparison has been made with other types of ropeways which already exists in Sweden, and with other types of public transport in Sweden. This thesis has been able to show that the three-dimensional property is possible for some urban ropeways. The study shows that there is no special legislation is possible to apply to urban ropeways, but that the Expropriation Act and the Real Property Act are applicable. Easements and three-dimensional spaces are shown to be appropriate rights to the aerial space for ropeways, and there is the possibility of forcible land acquisition. Finally, the thesis gives suggestions on how land access for urban ropeways (and other transport systems in the air) should be done continuously.
Linbanor är ett transportmedel i luften som är mest känt för att kunna transportera gods och människor över hinder som sjöar, berg och dalar. Linbanor är tätt förknippat med alpina områden, men under de senaste åren har ett nytt användningsområde växt fram för linbanor. Linbanor har utvecklats till ett persontransportmedel i urbana miljöer och använts för att binda ihop stadsdelar som skiljs åt av urbana hinder såsom motorvägar, järnvägar och hamnar. Urbana linbanor har lyfts fram som ett sätt att effektivt utnyttja markutrymmet och som ett ekologiskt hållbart transportsystem. Urbana linbanor finns till stor del i Sydamerika, men har ökat i popularitet även i Europa. Idag finns urbana linbanor i städer såsom London, Koblenz och Ankara och nu planeras även urbana linbanor i Sverige. Sollentuna kommun och Göteborgs stad utreder möjligheten att integrera urbana linbanor i kollektivtrafiken. I samband med att ett nytt transportsystem kan komma att använda luftutrymmet i urbana miljöer uppstår många fastighetsrättsliga frågor som behöver besvaras. Det här arbetet syftar till att utreda möjliga och lämpliga tillvägagångssätt för att få nyttja luftutrymmet i urbana miljöer för linbanor. Examensarbetet har genomförts som en rättsdogmatisk studie med empiriskt rättshistoriska och rättssociologiska inslag som har sin grund i en förarbetesstudie. Utöver förarbetesstudien har kompletterande intervjuer med sakkunniga inom området, rättsfallsstudier, förrättningsaktsstudier samt fallstudier av planerade linbanor i Sverige genomförts. En jämförelse har gjorts med linbanor för andra ändamål samt andra kollektivtrafikslag i Sverige. Examensarbetet har kunnat visa på att tredimensionell fastighetsbildning är möjligt för vissa urbana linbanor. Studien visar på att det inte finns någon speciallagstiftning som är möjlig att tillämpa på urbana linbanor, men att expropriationslagen och fastighetsbildningslagen är tillämpliga. De rättighetsupplåtelser som är möjliga att tillskapa är servitut och tredimensionella utrymmen, och det finns möjlighet till tvångsvisa markförvärv. Slutligen ger examensarbetet förslag på hur markåtkomst för urbana linbanor (och andra transportsystem i luften) bör ske fortsättningsvis.
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Rowntree, Lenore Ruth. "Innovations in the law of lending : a study of the participation mortgage and a proposal for reform of the law of commercial mortgages." Thesis, University of British Columbia, 1987. http://hdl.handle.net/2429/26145.

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The period of high inflation during the late 1970s and early 1980s forced lenders to reconsider their methods of financing commercial real estate projects. During this period, lenders began experimenting with various new forms of mortgage documentation designed to support innovative financing techniques. Many of the innovative techniques developed included a participation feature whereby the lender, in addition to earning a fixed rate of interest, also participated in either the income from a project or the increased value in its equity, or both. As a result of instituting these techniques, both lenders and developers expanded their view of what a commercial mortgage entails. It is unlikely that lenders will return to viewing their role as that of simple renters of money. Since the law of mortgages in Canada has not been sufficiently flexible to adequately accommodate these innovative techniques, there is a need for reform of the law of commercial mortgages. In this paper, the writer will review the current commercial lending practices and discuss the advantages and disadvantages of the most commonly used forms of participation financing. The conclusion will set out a proposal for the reform of the law of commercial mortgages. Central to its recommendations will be the concept that the commercial mortgage should be regarded as a contract for a debt and not as a conveyance of an interest in property. This concept will allow the commercial lender and borrower the contractual freedom to enter into the bargain that best reflects their financing intentions without being hampered by the historical incidents of a common law mortgage.
Law, Peter A. Allard School of
Graduate
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Jingryd, Ola. "Impartial Contract-Engineering in Real Estate Transactions : The Swedish Broker and the Latin Notary." Licentiate thesis, Malmö högskola, Institutionen för Urbana Studier (US), 2008. http://urn.kb.se/resolve?urn=urn:nbn:se:mau:diva-7443.

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Even in the days of an ever closer European union, Europe contains no less than four different legal cultures with respect to real estate conveyances: the Latin-German notary system, the deregulated Dutch notary system, the lawyer/solicitor system, and the Scandinavian licensed real estate broker system. The latter is of particular interest in that Scandinavian brokers play a far larger role in real estate transactions than their European counterparts.This paper examines and compares the Swedish real estate broker and the Latin notary. The Swedish broker is required by law to act as an impartial intermediary, to provide counseling to both parties, and to assist in drawing up all contracts and other documents necessary for the transaction at hand. To that end, the broker must be active and observant of the particular needs of the parties to the present transaction, always striving to enable them to reach equitable and practical agreements so as to prevent future disputes. In other words, the broker is required to tailor the transaction to fit the needs of the buyer and seller.The Latin notary profession prevails in large parts of the world, particularly the Latin-German parts of continental Europe, and Latin America. While there are divergences in the notarial laws of all countries, the similarities are greater still, and it is correct to speak of a single profession throughout all these countries. The notary carries out several important functions, the nexus of which is the authentication of legal documents. In the preparation of these documents, the notary is required to provide impartial counseling in order to tailor the transaction at hand to fit the will and needs of the parties. To uphold the integra fama of the profession, and to safeguard the proper performance of the notarial functions, lawgivers in all countries emphasize the importance of impartiality and integrity. There are national divergences as to the specific rules of conduct related to impartiality, particularly those concerning what activities are considered incompatible with the notariat, but they rest on common principles. Most importantly, not only must the publica fides be honored, it must be seen in the eyes of the public to be honored. The organization and regulation of the notary profession raises important economic issues, particularly with regard to competition/monopoly and market failures. The discussion of the regulation or deregulation of the notariat is by no means settled. Comparing the two professions, it is striking to see the enormous similarities in the legal frameworks and their respective rationales. Two common features are of particular interest. Firstly, both the Swedish broker and the Latin notary are required to assist the contracting parties in the contract phase, drawing up any necessary documents and counseling the parties as to the implications of the transaction. In that respect, both professions function as tailors to the transaction. Secondly, both the broker and the notary are required to act impartially and independently – impartially visavi the contracting parties, and independently in order to preserve the public faith in the independence and integrity of the professions.The similarities can be summarized as a function on the real estate market: impartial counseling and contract-engineering. This function exists alongside other functions, such as the brokers’ traditional matchmaking, or the registration of property rights. This functional approach may prove very useful in all kinds of analyses of the real estate market, whether of political, legal, or economic nature. For instance, with respect to the merits and/or necessity of the Swedish impartiality rule, those wishing to amend the law and introduce a system of overtly partial brokers acting solely on behalf of their principal have to face the question of what is to become of counseling for the principal’s counterpart. Should the counterpart be forced to choose between hiring their own legal counsel or make do without? Further, those wishing to contest the mandatory notarial intervention in real estate transactions have to face the same question: what is to happen to impartial counseling, given not only to the client but also to the client’s counterpart? Both instances illustrate the common feature shared by the two examined professions: impartial contract-engineering and counseling. To complete the picture and cover the whole arena of real estate transactions, the next logical step is therefore to compare and analyze different systems for registration of property rights. Doing so will hopefully achieve a tool for examining the real estate market that will prove useful indeed, particularly in future discussions concerning European harmonization.
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Books on the topic "Law for valuating real estate"

1

Tennessee. Tennessee real estate appraisers' law and rules and regulations. 2nd ed. Charlottesville, VA: LexisNexis, 2001.

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The law affecting valuation of land in Australia. 4th ed. Sydney: Federation Press, 2009.

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Means, United States Congress House Committee on Ways and. "Discussion draft" relating to estate valuation freezes. Washington: U.S. G.P.O., 1990.

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Ghyoot, V. G. (Valmond George), 1951-, ed. An introduction to commercial property finance, development & investment / editors Tony Collins and Valmond Ghyoot ; authors ABSA CPF legal team ... [et al.]. Pretoria: Unisa, 2012.

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W, Franke Albert. USPAP in plain English 2008-2009: Updates from the 2006 edition of the Uniform Standards of Professional Appraisal Practice : new section on Standard 3, appraisal review. New Haven, CT: Elm City Clarion Associates, LLC, 2008.

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W, Franke Albert. USPAP in plain English 2008-2009: Updates from the 2006 edition of the Uniform Standards of Professional Appraisal Practice : new section on Standard 3, appraisal review. New Haven, CT: Elm City Clarion Associates, LLC, 2008.

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Tosh, Dennis S. Uniform standards of professional appraisal practice: Applying the standards. 3rd ed. Chicago: Real Estate Education Co., 1994.

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Appraisal Foundation. Appraisal Standards Board., ed. Standards of professional appraisal practice & ethics. New Haven, CT: H² Co., 1991.

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W, Franke Albert. USPAP in plain English: A guidebook to the 2006 Uniform Standards of Professional Appraisal Practice for real estate appraisers and clients. New Haven, [Conn.]: Elm City Clarion Associates, LLC, 2006.

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Tosh, Dennis S. Uniform standards of professional appraisal practice: Applying the standards. Chicago, IL: Dearborn Real Estate Education, 2006.

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Book chapters on the topic "Law for valuating real estate"

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Möller, Jutta C. "Zoning Law." In Real Estate Investments in Germany, 1–25. Berlin, Heidelberg: Springer Berlin Heidelberg, 2012. http://dx.doi.org/10.1007/978-3-642-19100-8_1.

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Usinger, Wolfgang. "Rental Law." In Understanding German Real Estate Markets, 113–26. Berlin, Heidelberg: Springer Berlin Heidelberg, 2011. http://dx.doi.org/10.1007/978-3-642-23611-2_9.

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Lau, Petra. "Planning and Building Law." In Understanding German Real Estate Markets, 127–46. Berlin, Heidelberg: Springer Berlin Heidelberg, 2011. http://dx.doi.org/10.1007/978-3-642-23611-2_10.

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Higano, Yoshiro. "Introduction: Real Estate Tax System and Real Estate Market in Japan." In New Frontiers in Regional Science: Asian Perspectives, 115–22. Singapore: Springer Singapore, 2021. http://dx.doi.org/10.1007/978-981-15-8848-8_8.

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AbstractThis introduction summarizes chapters of Part II. In Chap. 10.1007/978-981-15-8848-8_9, Yamamoto (Jpn J Real Estate Sci 31:88–96, 2018) has compared between the street method, the asset valuation adopted for the imposition of property tax in Japan, and the computer-assisted mass appraisal (CAMA) method generally adopted in North America focusing on education and training of valuators. In Chap. 10.1007/978-981-15-8848-8_10, Yamazaki (Jpn J Real Estate Sci 31:97–101, 2018) argues that one of the major causes for relatively low density use of land in the city in Japan is the land tax system. He focuses on property tax and examines defects of the tax from view of economist. In Chap. 10.1007/978-981-15-8848-8_11, Kobayashi (Jpn J Real Estate Sci 31:129–138, 2018), taking an actual example, has examined difference between precise legal interpretation of ‘exemption from real estate acquisition tax due to purpose of use’ and taxation practices conducted by local administrative bodies. In Chap. 10.1007/978-981-15-8848-8_12, Shirakawa and Okoshi (Jpn J Real Estate Sci 31:88–96, 2017) have shown that the real estate companies were committed to transactions as dual agencies to whatsoever degree, and analyzed attributes of real estate brokerage companies which are able to be dual agencies and how such dual agency affects contract price.In Chap. 10.1007/978-981-15-8848-8_13, Ueno (Jpn J Real Estate Sci 31:97–105, 2017) has analyzed impacts of the macroeconomic conditions on the land price gradient curves which are estimated using real estate data of the Tokyo Metropolitan Area in 1970, 1976, 1985, 1988, 1994, 2008, 2010, and 2016. In Chap. 10.1007/978-981-15-8848-8_14, Komatsu (Jpn J Real Estate Sci 31:110–118, 2017) has analyzed impacts that refurbishment of existing apartment has on possible increase in rent using the multinomial probit model and the Tobit model. In Chap. 10.1007/978-981-15-8848-8_15, Hanazato (Jpn J Real Estate Sci 31:119–128, 2017) has shown that around 90% of condominium reconstruction cases are predictable using the estimated discriminant function in terms of objective real estate data only. In Chap. 10.1007/978-981-15-8848-8_16, Ota et al. (Jpn J Real Estate Sci 31:109–119, 2018) have analyzed determinants of rent for rental house, office, and shop within 10-min walking distance from Shibuya Station in Tokyo. Multiple regression analyses are conducted and have shown that space syntax (SS) measures (Hillier and Hanson, The Social Logic of Space. Cambridge University Press, Cambridge, 1984) significantly affect rent as well as conventional location attributes.
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Wolf, Christian R. "Real-Estate Property Law in Germany." In Key Aspects of German Business Law, 125–35. Berlin, Heidelberg: Springer Berlin Heidelberg, 1999. http://dx.doi.org/10.1007/978-3-662-08065-8_12.

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Wolf, Christian R. "Real-Estate Property Law in Germany." In Key Aspects of German Business Law, 133–43. Berlin, Heidelberg: Springer Berlin Heidelberg, 2002. http://dx.doi.org/10.1007/978-3-540-24776-0_13.

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Furman, Cassia, and Charles S. Alovisetti. "Introduction to Cannabis and Real Estate Law." In The Cannabis Business, 97–104. Milton Park, Abingdon, Oxon; New York, NY: Routledge, 2021.: Routledge, 2020. http://dx.doi.org/10.4324/9781003055983-13.

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Ratcliffe, John, Michael Stubbs, and Miles Keeping. "Planning Law, Legal Principles, and Planning Practice." In Urban Planning and Real Estate Development, 41–130. 4th ed. New York: Routledge, 2021. http://dx.doi.org/10.4324/9780429398926-3.

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Pfeiffer, Roberto Augusto Castellanos. "Real Estate Under Construction, Consumer Law and Development." In Consumer Law and Socioeconomic Development, 317–30. Cham: Springer International Publishing, 2017. http://dx.doi.org/10.1007/978-3-319-55624-6_22.

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van Erp, Sjef. "European Property Law: Competence, Integration, and Effectiveness." In Measuring the Effectiveness of Real Estate Regulation, 205–18. Cham: Springer International Publishing, 2020. http://dx.doi.org/10.1007/978-3-030-35622-4_11.

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Conference papers on the topic "Law for valuating real estate"

1

Leshinsky, Deborah. "Property Valuations in the Family Law Courts of Australia." In 24th Annual European Real Estate Society Conference. European Real Estate Society, 2017. http://dx.doi.org/10.15396/eres2017_385.

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Leshinsky, Deborah. "Are Property Valuations for Family Law in Divorce always in favour of the women?" In 25th Annual European Real Estate Society Conference. European Real Estate Society, 2018. http://dx.doi.org/10.15396/eres2018_338.

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Siejka, Monika, and Monika Mika. "Methodology of Inventory the Real Estate Components for the Purpose of Their Valuation Due to Road Construction – Case Study in Krakow." In Environmental Engineering. VGTU Technika, 2017. http://dx.doi.org/10.3846/enviro.2017.240.

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The development of the communication systems determines the economic level of the country. In Poland, despite the successive investments in this area, it is still not enough beneficial solutions to the road network and international calls. The problem of the acquisition of property for public roads on both the valuation principles and the way of obtaining land for these purposes is constantly modified. These changes are intended to simplify the procedures, which have a significant impact on shortening of the investment process. The current provisions of law give the possibility of the start of road investment before a property owner receives compensation for land taken for this purpose. This situation requires an inventory of component parts of the property for the purposes of their valuation. The paper presents the methodology of inventory the real estate components for the needs of their valuation using modern measurement techniques GNSS and GIS.
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Nichiforeanu, Alina. "The interests of stakeholders when valuating commercial property." In 24th Annual European Real Estate Society Conference. European Real Estate Society, 2017. http://dx.doi.org/10.15396/eres2017_362.

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Sebastian, Steffen. "Tenancy Law – A Pan-European Survey." In 24th Annual European Real Estate Society Conference. European Real Estate Society, 2017. http://dx.doi.org/10.15396/eres2017_ind_104.

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"The Carrez Law: a Law to Fight Against the Round Numbers?" In 14th Annual European Real Estate Society Conference: ERES Conference 2007. ERES, 2007. http://dx.doi.org/10.15396/eres2007_405.

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Saxinger, Andreas, and Thomas Wagner. "Temporary living projects under the German town planning Law." In 26th Annual European Real Estate Society Conference. European Real Estate Society, 2019. http://dx.doi.org/10.15396/eres2019_92.

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"PREVENTIVE LAW AND RISK MANAGEMENT IN FINNISH PPP PROJECTS." In 2006 European Real Estate Society conference in association with the International Real Estate Society: ERES Conference 2006. ERES, 2006. http://dx.doi.org/10.15396/eres2006_226.

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"An analysis of low carbon design and its effects on the value of a property including valuation approaches." In 19th Annual European Real Estate Society Conference: ERES Conference 2012. ERES, 2012. http://dx.doi.org/10.15396/eres2012_177.

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Leshinsky, Deborah. "The role of the property Valuer in the Family Law system in Australia." In 25th Annual European Real Estate Society Conference. European Real Estate Society, 2016. http://dx.doi.org/10.15396/eres2016_63.

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