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1
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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Carbonara, Sebastiano, and Davide Stefano. "An Operational Protocol for the Valorisation of Public Real Estate Assets in Italy." Sustainability 12, no. 2 (January 19, 2020): 732. http://dx.doi.org/10.3390/su12020732.
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The Italian Treasury Department reports that a quota of the country’s public real estate assets, with an estimated value of some 63 billion euros, consists of properties not directly utilised by the State Government and is therefore available for decommissioning alienation; in other words, for adaptive reuse. Numerous legislative initiatives dedicated to this issue over the past 30 years have produced very few comforting results. A plausible explanation for these shortcomings can be traced to the gap between established regulatory principles and the possibilities/capacities of local institutions to apply them. Put another way, legislation and indications, many of interest, have not been supported by adequate economic, structural, and organisational resources. The underlying question is, what is the structure of the decision-making process behind the sale or redevelopment of real estate assets? Beginning with these premises, this paper proposes an operational Business Process Modelling protocol that develops three different indexes—urban values index (Ivu), use index (Iut), and technical-maintenance index (Itm)—which may suggest three hypothetical scenarios of valorisation and three lines of action. A test of this model using a selection of public buildings owned by the City of Pescara showed it to be prognostic of some of the choices subsequently made by the municipal administration.
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Raškovič, Vladimír, Zlatica Muchová, and František Petrovič. "A New Approach to the Registration of Buildings towards 3D Land and Property Management in Slovakia." Sustainability 11, no. 17 (August 27, 2019): 4652. http://dx.doi.org/10.3390/su11174652.
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Slovakia faces a critical period in land and property management. The Land Registry still maintains its old 1990s information system and obsolete manual record system, whose structure and links of the real estate records and ownership titles are unable to meet the current requirements of companies in its graphical representation and visualization of data. Basically, it is a partially structured, digitalized and yet still analog system for recording land titles. It is of the utmost importance for a data model to be set up for a new information system that would provide the entire Land Registry with a wide range of information, together with the right structuring, filtering, sorting, and graphics. The system architecture should be based on unique identifiers in Land Registry entries, fixed links and integrity control mechanisms, while creating an index map of all real estate which can be specified with additional information future legislation might require. Slovak law allows multiple ownership of any land, building or interior. In order to initiate the entire process, the Slovak Land Registry needs to clearly define buildings together with their boundaries by their geometry and location, identify them with a unique code and give them a fixed land reference.
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R. Stanifer, Stacy, and Ellen J. Hahn. "Analysis of Radon Awareness and Disclosure Policy in Kentucky: Applying Kingdon’s Multiple Streams Framework." Policy, Politics, & Nursing Practice 21, no. 3 (May 11, 2020): 132–39. http://dx.doi.org/10.1177/1527154420923728.
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The purpose of this article is to analyze radon awareness and disclosure policy proposed during the 2018 Kentucky General Assembly using Kingdon’s Multiple Stream Framework. Radon gas is the second leading cause of lung cancer. Exposure to radon occurs largely in the home. The proportion of homeowners who have completed radon testing remains low, and home radon testing is voluntary in most states. The Environmental Law Institute recommends states enact policies to promote radon awareness and testing. The most common radon awareness policy mandates radon disclosure during a real estate transaction. A bill to mandate radon disclosure during a real estate transaction was proposed during the 2018 Kentucky General Assembly but was met with opposition and was not filed. As a policy alternative, an administrative regulation to amend the Form for Seller’s Disclosure of Conditions was proposed to the Kentucky Real Estate Commission. Administrative regulations set forth by government regulatory agencies are equally enforceable and may be a more politically feasible alternative to enacting public policy. Nurses are positioned to promote the health of patients and populations. Nurses advocating for radon control legislation and/or administrative regulations may push radon control policy higher on the governmental decision agenda leading to policy change to decrease the development of lung cancer.
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Kobetska, N. R. "Features Of The Legal Regime Of National Parks Under The Legislation Of The Republic Of Poland." Actual problems of improving of current legislation of Ukraine, no. 50 (June 11, 2019): 119–32. http://dx.doi.org/10.15330/apiclu.50.119-132.
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The article presents an analysis of one of the oldest and most important forms of nature conservation - National Parks, and their regulation in the legislation of the Republic of Poland. The material is based on the systematic interpretation of the Law of the Republic of Poland «On Nature Conservation», the analysis of scientific literature and the identification of some problematic issues of implementation of the prescriptions of the legislation in practice. Much attention is paid to the theoretical characteristics of National Parks, their place among other forms of nature conservation in Poland, the functions they perform. The issues of creation of the National Park, the regime of management of its territory, organization and zoning of the National Park have been consistently revealed. It also analyzes the bans fixed within the National Park and ensures its protection against external adverse effects. Problematic issues are raised related to the removal of land and real estate from private owners, the achievement of a compromise between private economic interests and public environmental interests. A comparison of the basics of functioning of National Parks in Poland and Ukraine is also partly presented.
The author focuses on the differences in the legal regime of national nature parks under the legislation of Ukraine and Poland. The Polish legislation does not distinguish as an independent recreational function and does not allocate separate recreational functions within the national park. At the same time, the organization of tourist routes and the provision of conditions for visiting the park is one of the tasks and a significant source of revenue for the national parks of Poland, and the number of visitors many times exceeds their number in the territories of the national parks of Ukraine. In the territory of the national parks of Poland (as in Ukraine) a combination of exclusive state ownership (in Ukraine - the property of the Ukrainian people) and private property is possible. At the same time, as in Ukraine, the most problematic issue is the acquisition of ownership of real estate (including private land) when creating or expanding the territory of national parks.
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Kocur-Bera, Katarzyna, and Hubert Frąszczak. "Coherence of Cadastral Data in Land Management—A Case Study of Rural Areas in Poland." Land 10, no. 4 (April 10, 2021): 399. http://dx.doi.org/10.3390/land10040399.
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The cadaster functions laid down in the law should guarantee the safety of one’s rights. The reliability of the data gathered in the cadaster affects decisions concerning specific real estate or taken within the sphere of economic management. The legislation often requires the use of cadastral data, which makes it necessary to keep it up-to-date and coherent with the situation in the field. The effects of a lack of coherence may impact public finances and land management. Maintaining high-quality cadastral data is time-consuming and expensive. This study analysed the data coherence between the state in the field and cadastral documents. The analysis was based mainly on the information about the area of a plot and land use. The coherence index showed that the differences between registers and the state in the field range from 30% to 80%. This can be changed by comprehensive data modernisation, which can be facilitated using modern technology. Given the diverse use of cadastral data and the global trends in cadaster development and implementation of the third dimension, the currency and reliability of cadastral data become particularly important.
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Cherezova, Natalya, Irina Guzeva, and Alevtina Shirokova. "Implementation of the “dacha” law on agricultural lands and lands of populated areas." E3S Web of Conferences 110 (2019): 02118. http://dx.doi.org/10.1051/e3sconf/201911002118.
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Since January 1, 2019, Federal Law No.217 dated July 29, 2018 “On the introduction by citizens of gardening and gardening for their own needs and on amending certain legislative acts of the Russian Federation” (hereinafter referred to as Law No.217). Changes that occurred with gardening and dacha plots in connection with the adoption of the new federal law caused a number of problems with its implementation. This law has caused a big resonance among citizens, and among management structures, and among the community of cadastral engineers. Land plots that are located in the dacha and garden associations now fall into the development areas of individual and low-rise residential buildings, blocked residential area development. And houses on these sites can acquire the status of individual houses. In this regard, there will be and will arise many questions and problems with the use and management of territories and the registration of rights to real estate.
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Mecca, Umberto, Giuseppe Moglia, Paolo Piantanida, Francesco Prizzon, Manuela Rebaudengo, and Antonio Vottari. "How Energy Retrofit Maintenance Affects Residential Buildings Market Value?" Sustainability 12, no. 12 (June 26, 2020): 5213. http://dx.doi.org/10.3390/su12125213.
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By now, it is clear the built environment could play an important role in fighting climate change, since it accounts for around 39% of global energy-related carbon emissions. Generally speaking, Italian residential stock is over 50 years old and around 16% of that needs large interventions due to its poor maintenance condition. So, the maintenance in this context can play a pivotal role in acheiving both energy efficiency and asset valorization. Introduced by a reference framework for the question in the title, this paper presents the case study: a portion of a working-class neighborhoods near the metropolitan city of Turin, marked by very recurrent typologies for the period (early seventies). The local real estate market is discussed to investigate the extraordinary maintenance impact on the property values: the paper considers the market value increase due to the energy class upgrade and the external look improvement. Individual owners putting money on this group of works get a very cost-effective investment and take advantage of Italian legislation supporting these kinds of interventions: the whole is greater than the sum of its parts and in turn greater than the cost assumed for the renovation work.
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VEDENIN, ALEXANDR A. "One Real Estate Complex: Concept and Prospects of Law." Proceedings of the Institute of State and Law of the RAS 15, no. 3 (July 31, 2020): 124–40. http://dx.doi.org/10.35427/2073-4522-2020-15-3-vedenin.
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One of the most important and discussed topics of Russian civilization is the issue of objects of civil law. The topic under study is not adequately reflected in domestic civil law and judicial arbitration practice. According to legal scholars, the ongoing changes in domestic civil legislation have not eliminated problems that relate to objects of civil law. The constant complication of civil law turnover and the development of domestic science of civil law are forced to carry out targeted work in this direction. The domestic legislator initiates the necessary new norms of civil law. As a result, this entails, among other things, the emergence of new objects of civil law. The expediency of expanding the list of objects of civil law requires a rethinking of existing legal concepts and work on serious theoretical and practical justification of new ones. In legal science and practice, the need to include the legal concept of "single immovable complex" in the current civil legislation of the Russian Federation is proved Legal scholars have formed various opinions that characterize it. Domestic civilizations have identified and analyzed the theoretical and practical shortcomings of a single immovable complex. A comparative legal study of a single real estate complex, an enterprise as a property complex, a complex thing was carried out and it is confirmed that they are not identical. Obviously, a single immovable complex is a necessary and relevant legal concept of domestic scientific thought. In order to create a single real estate complex, some conditions are needed. The rights holder of movable and immovable property by his will decides to create it. The permitting authorities, through State registration, decide to establish. Disadvantages of a single immovable complex, both theoretical and practical, are indicated. Similarities and differences in the design of the enterprise as a property complex, a complex thing, and a single real estate complex made it possible to identify the features of the legal status of the latter and distinguish it as an independent object of civil rights. Despite the fact that in the Civil Code of the Russian Federation there are such legal concepts as "enterprise as a property complex" and "complex thing," the inclusion of a single real estate complex in the current civil legislation is necessary. The legal significance of this concept is unconditional. It justifies its own point of view on the problem and the place of a single immovable complex in the system of objects of civil law. Recognizing the need for the concept of "single immovable complex" in the current civil legislation of the Russian Federation, the domestic legislator should focus on its significant theoretical and practical shortcomings that impede the effective enforcement of the provisions of Art. 1331 of the Civil Code of the Russian Federation. Domestic legislators need to give them an appropriate legal assessment, as well as suggest effective ways to solve them.
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Ziajka, Anna. "THE RESTRICTION ON EXECUTION OF AGRUCILTURAL REAL ESTATE AGAINST AFTER CHANGE CONDITIONS LEGISLATION TRADING AGRICULTURAL REAL ESTATE." Roczniki Administracji i Prawa 2, no. XVIII (December 30, 2018): 235–44. http://dx.doi.org/10.5604/01.3001.0013.1793.
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The article provides an overview and analysis of the case law of courts in the field of execution concerning agricultural real estate. In the first part shows a statutory definition of real property. Thereafter, the main part of the article presents in detail an execution concerning immovable property after entering into force on amendment act. The article points out the conditions which have to be fulfilled in order to exceptionally obtain the ownership of agricultural real estate in accordance with law. Regulation were analysed in view fact, that pursuant to the Polish legislation, the right of pre-emption is granted only to coowners of agricultural real estate.
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Sathye, Milind, and Jesmin Islam. "Adopting a risk‐based approach to AMLCTF compliance: the Australian case." Journal of Financial Crime 18, no. 2 (May 10, 2011): 169–82. http://dx.doi.org/10.1108/13590791111127741.
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PurposeThe purpose of this paper is to develop a possible method of money laundering and terrorism financing (MLTF) risk assessment in non‐bank entities that are the subject matter of anti‐money laundering and counter terrorism financing (AMLCTF) Tranche II in Australia.Design/methodology/approachThe objectives are achieved by proposing a scorecard of risk assessment under its various dimensions drawing from the literature on credit‐scoring models. The method of analogy has been used and appropriate changes made to the elements of typical credit‐scoring model to arrive at a risk assessment model under AMLCTF II. The theory in which the paper is grounded is theories of money laundering regulation. Theory suggests an inverse relationship between money laundering regulation and the amount of money laundering. The more effective the regulatory mechanism the more costly it is for money launderers to launder funds and the lesser the amount of money laundering.FindingsIt was found that the AMLCTF Tranche II will impose several obligations the AMLCTF Tranche II legislation will impose several obligations on the entities such as accounting firms. These obligations require the identification, mitigation and management of MLTF risk arising out of provision of product/service. Two types of risks need to be managed by entities: regulatory risk and business risk. This paper, therefore, proposed a possible method for approaching the issue of risk assessment drawing from the literature on credit‐scoring models.Research limitations/implicationsFuture studies can undertake such surveys and gather more empirical evidence regarding the application of the model suggested and its utility in real world scenarios.Practical implicationsThe approach developed in this paper has value to the policy makers in the government in addressing risk assessment policy issues in the MLTF area in the context of non‐bank entities such as professional services, e.g. that of accountants. The relevant bodies will also find value in this paper because currently there is no guidance as to how to address the issue. Also, future academics/researchers can take this first approach as a guide and go on do further research in this area and to refine policy issues in this area. No established practice exists in this area at the moment. This paper attempts to provide a guideline.Originality/valueThis paper addresses a major unanswered question in the subject of anti‐money laundering. The question addressed in this paper, which has not been researched before is how MLTF risk can be assessed in the context of non‐bank entities such as professional services, e.g. that of accountants. The model will be useful to user groups such as organizations dealing with bullions, precious stones and precious jewellery, real estate, professional and business services such accounting, auditing and financial services for implementing the AMLCTF Tranche II. The relevant bodies will also find value in this paper because currently there is no guidance as to how to address the issue. Also future academics/researchers can take this first approach as a guide and go on do further research in this area and to refine policy issues in this area.
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Яковлев, Вениамин, and Vyeniamin YAkovlyev. "Problems of Private Law in Modern Conditions." Journal of Russian Law 4, no. 1 (January 25, 2016): 0. http://dx.doi.org/10.12737/17225.
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Recent intensive development of private law, which is presented by three successful codifications in the field of the civil, family, labor law in Russia, is noted in the article. Current changes of the Russian civil legislation as well as planned ones are described. To number of the main problems the author refers violations of the principle of good faith by participants of civil turnover, lack of effectiveness of the Federal Bailiff Service, insufficient security of the civil rights for real estate. In this regard it is necessary to form a notarial certification of real estate turnover, to keep availability of information from the state register of real estate for citizens, raise the status of the Federal Bailiff Service and strengthen its position by hiring highly qualified specialists.
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Kiedrzynek, Michał. "The Concept of Land Real Estate in the Act on Real Estate Management." Gubernaculum et Administratio 2(22) (2020): 37–46. http://dx.doi.org/10.16926/gea.2020.02.09.
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The management of public real estate has been regulated in many legal acts, among which the Act of August 21, 1997 on real estate management plays the greatest role. The definitions contained in it are intended to explain the most important concepts related to the subject of this act. However, with regard to the definition of land real estate, we are dealing with a repetition of what was defined by the provisions of civil law. Such a situation raises justified interpretation doubts, which may have significant consequences in the application of this act. The existence of two definitions for the same object is undesirable and the Real Estate Management Act should be amended in this respect by including an appropriate reference to the provisions of civil law.
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Koprencka, Luciana, Edmira Cakrani, and Migena Petani. "Real Estate Taxes in Albania." European Journal of Sustainable Development 2, no. 4 (April 1, 2013): 243. http://dx.doi.org/10.14207/ejsd.2013.v2n4p243.
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The construction sector is one of the mainsectors of the Albanian economy, which,during the last 20 years, has experiencedthe greatest economic growth. In 1991 thissector has contributed by 2.5% to the GDP,in 2006 by 4.9%, while in 2008, this sectorhas contributed by 14.9% to the national GDP. The relevant legislation has played animportant role in the development of this sector. The applied laws have tried to maintainat low levels the real estate prices and totransform such a problematic sector, withreference to fiscal evasion and informality,into an easily controllable sector. The taxesapplied in the construction sector are the sameas in other economic sectors, although thetaxation management in the construction sector, except forthose common principles thatregulate the tax management in general, isbased on some specificrules related to thecharacteristics of this sector. Increase the level of taxation on the transfer of ownership tothe extent of 10%, paralyzed the housing market by reducing the number of sales,especially of real estate old, previously this was 0.3-5%of sales value.
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Mendoza Jaramillo, Alejandro. "Gestión urbanística de las urbanizaciones cerradas en Colombia: el caso de Chía." Procesos Urbanos 2 (January 1, 2015): 58–72. http://dx.doi.org/10.21892/2422085x.84.
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Resumen: El presente trabajo hace un breve recorrido por las lógicas y procesos de gestión urbanística en torno a uno de los fenómenos de ocupación del suelo más difundidos en las ciudades latinoamericanas - urbanizaciones cerradas -, aterrizado en el municipio de Chía-Colombia. Interesa develar las particularidades y similitudes en la instalación de ese producto inmobiliario y la gestión urbanística habida en el nivel local de gobierno en perspectiva comparativa. La hipótesis que fundamenta la investigación, es que la gestión urbanística de las urbanizaciones cerradas comenzó a recaer de manera importante sobre el nivel de gobierno local a partir de las reformas administrativas ocurridas en las reformas administrativas ocurridas en la inflexión 1990-2000, lo cual generó una contradicción entre un fenómeno territorial con implicancias metropolitanas, los cuales resultaron en normativas fragmentarias que buscaron regular las urbanizaciones cerradas y viabilizar o legalizar los emprendimientos generados fuera del marco normativo vigente. La propuesta metodológica e instrumental, se considera la investigación desde una perspectiva hipotético-deductiva. Se remite a un estudio retrospectivo de un fenómeno en un territorio específico. Se evidencia un panorama en el que lo instrumentos normativos resultan insuficientes e ineficientes para llevar a cabo una gestión urbanística integral, lo que comprobaría que la localización intensiva de urbanizaciones cerradas a lo largo y ancho del territorio municipal, es producto del aprovechamiento por parte del mercado inmobiliario de los vacíos legales existentes además de la sucesiva reformulación de los instrumentos ya vigentes para darles un sustento legal.
___Palabras clave: urbanizaciones cerradas, Chía, gestión urbanística.
___Abstract: This paper makes a brief tour of the logical planning and management processes around one of the most widespread phenomena occupation of land in Latin American cities –gated communities– landed in the town of Chia-Colombia. It is important to reveal the peculiarities and similarities in the real estate product installation and the urban management at the local government level in comparative perspective. The hypothesis underlying the research is that the urban management of gated communities began to fall significantly on the level of local government from administrative reforms occurred in 1990-2000 inflection, which generated a contradiction between a territorial phenomenon with metropolitan implications, which resulted in fragmentary legislation that sought to regulate gated communities and implement or legalize projects generated outside the existing regulatory framework. With respect to the methodological and instrumental proposal, a research is considered from a hypothetical-deductive perspective. It refers to a retrospective study of a phenomenon in a specific territory. A scenario in which the policy instruments are insufficient and inefficient to conduct a comprehensive urban management, which would prove that intensive gated location across the municipal territory is the product of property market exploitation, by the evidence of legal loopholes in addition to the successive reformulation of the instruments already in place to give them a legal basis.
___Keywords: gated communities, Chía, urban management.
___Recibido: 19 de julio de 2015. Aceptado: 15 de septiembre de 2015.
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Dinsberga, Jolanta, and Ilona Tiesniece. "Problems Related to the Abolition of Divided Real Estate Ownership." Economics and Culture 13, no. 2 (December 1, 2016): 77–88. http://dx.doi.org/10.1515/jec-2016-0021.
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Abstract Legal relationship between apartment owners in residential buildings and the land owners, that is, divided real estate ownership, was created in the Republic of Latvia in 1990, within the framework of the Land Reform, restoring property rights of the former owners or their heirs or privatising apartments in multi-apartment residential buildings. The existence of such legal relationship created different lease problems and restrictions on the property rights to the owners of both the building and the land. To abolish the legal relationship related to divided real estate ownership, the Ministry of Justice of the Republic of Latvia has developed a draft law Regarding the Abolition of Mandatory Divided Real Estate Ownership in Multi-Apartment Buildings (hereinafter referred to as Draft Law). Unfortunately, in the opinion of authors of this article, there are serious shortcomings to the Draft Law which must be corrected. The aim of the research is to identify the problematic issues by selecting and analysing the legislation on the abolition of the divided real estate ownership, which is related to the calculation of redemption price, payment method and consequences of non-payment, which are not regulated by the new Draft Law. The article reflects research on the determination and calculation of redemption price reglamented by the Draft Law and also analyses the Law of December 8, 1938, On the Abolition of Divided Real Estate Ownership and its practical implementation, which may significantly influence the redemption price and the method of its calculation; however, the mentioned law has been disregarded in developing the Draft Law. Thus the research has both theoretical and practical significance. For the research purposes general research methods, such as historical, analytical, inductive, deductive, logical-constructive and descriptive methods, are used. For the interpretation of legislation norms, grammatical, systemic, teleological and historical methods are used.
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Skopenko, Oleg R., Yuri N. Andreev, Denis N. Latypov, Anna Rudavina, and Anna S. Shekhovtsova. "Linear objects as real estate objects: legislative approaches of Russia and foreign countries." LAPLAGE EM REVISTA 7, Extra-D (July 10, 2021): 41–46. http://dx.doi.org/10.24115/s2446-622020217extra-d1065p.41-46.
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The purpose of the study is to theoretically develop the problem of attributing linear objects to real estate objects. To achieve this goal, a comprehensive analysis of Russian and foreign legislation was carried out in the framework of relations with linear facilities. At the same time, special attention is paid to the concepts and approaches related to the classification of linear objects as real estate objects in Russian law and in the countries of the Anglo-Saxon and Romano-Germanic legal systems. Considering the civil legislation of Germany, Russia, the USA and France, the authors concluded that there are no unified definitions of the concepts of "linear object" and "real estate"; only a listing of their types has been established. However, the declared concept can be identified based on the definition of the characteristics of real estate in these countries. In this regard, it can be argued that each country has its own understanding in assessing the concept of «linear object» and its attribution to real estate objects.
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Kudeikina, Inga. "Problems Associated with the Legal Substance of Real Estate Encumbrances." European Journal of Interdisciplinary Studies 1, no. 1 (April 30, 2015): 54. http://dx.doi.org/10.26417/ejis.v1i1.p54-60.
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The article is devoted to the problems pertaining to the establishment of encumbrances on real estate. Encumbrances that are created on the basis of law have a different legal substance. As a rule, encumbrances by law are significant and bring benefits to an unlimited number of rightholders. This type of encumbrances includes various protection zones, roads, nature reserves, etc. It is assumed that these encumbrances are for the common good; therefore, the rights of an owner may be restricted. Legislation allows establishing encumbrances without any authorisation from the real estate owner. The objective of the thesis is to analyse the legitimacy of encumbrances based on law in the context of the impairment of owner's property rights. To this end, both descriptive and analytical methods have been employed to analyse the legal grounds for encumbrances and related case-law. The study has relied on both legislation and case-law. The results of the study give strong grounds to conclude that a special procedure could be applied to the establishment of encumbrances in situations when those are intended to meet the needs of the entire society or individual communities of certain regions. Like any other encumbrances, those established by law restrict owner's property rights. A real estate encumbrance should be recognised as a restriction on owner's property rights. Certain remedies should be introduced with a view to balancing the rights and interests of the society and the owner and minimising the adverse effects of encumbrances. Such remedies could comprise an owner's right to claim reasonable compensation, challenge the establishment of encumbrances and initiate their annulment.
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Chibinev, Vyacheslav Mikhailovich. "The Rule of Law when Renting State and Municipal Property." Advanced Materials Research 1020 (October 2014): 749–50. http://dx.doi.org/10.4028/www.scientific.net/amr.1020.749.
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The work includes the theoretical and practical research in the field of civil and land legislation. There are some conclusions based on the scientific analysis of the law and legal practice that were made containing the analysis of the problems related to the conclusion and state registration of real estate lease agreements and their execution. Some proposals on improvement of the existing Russian legislation were made by the author.
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Calor, Inês, and Rachelle Alterman. "When enforcement fails." International Journal of Law in the Built Environment 9, no. 3 (October 9, 2017): 207–39. http://dx.doi.org/10.1108/ijlbe-06-2017-0021.
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Purpose This paper aims to present a comparative analysis of noncompliance with planning laws in advanced-economy countries. Most research to date has focused on the widespread phenomenon of “informal” construction in developing countries. However, advanced-economy countries also encounter illegal development, though at different scales and attributes. Because planning law is at the foundation of land-use and urban policies, it is time that the “orphan” issue of noncompliance be adopted by more researchers to enable cross-national learning. The two OECD countries selected for in-depth analysis – Portugal and Israel – probably fall mid-way in the extent of noncompliance compared with the range among advanced-economy countries. Like most OECD countries, the selected countries have generally viable planning-law systems. Their experiences can thus offer lessons for many more countries. Recognizing the limitations of enforcement mechanisms as prevention, the paper focuses on how each of these countries responds to illegal development. Design/methodology/approach The method relies on two main sources: analysis of official documents – laws, policies and court decisions in both countries – and field interviews about practice. In both Portugal and Israel, the authors held face-to-face open interviews with lawyers and other professional staff at various government levels. The interviews focused on four issues: the effectiveness of the existing enforcement instruments, the urban consequences of illegal development, the law and policy regarding legalization and the existence of additional deterrent measures. Findings In both countries, there is a significant phenomenon of illegal development though it is somewhat less in Israel than in Portugal. In both countries, efforts to reduce the phenomenon have been partially effective even though in both, extensive demolition is not exercised. Neither country has adopted a general amnesty policy for existing noncompliance, so both resort to reliance on ex-post revision of statutory plans of granting of variances as a way of legalization. The shared tension between local authorities and national bodies indicates that not enough thought has gone into designing the compliance and enforcement systems. In Israel, a recent legislative amendment enables planning authorities, for the first time, to set their own priorities for enforcement and to distinguish between minor and major infringements. This approach is preferable to the Portuguese law, where there is still no distinction between minor and major infringements. By contrast, Portuguese law and policy are more effective in adopting financial or real-estate based deterrence measures which restrict sale or mortgaging of illegal properties. Originality/value There is very little research on noncompliance with planning controls in advanced-economy countries. There is even less research on the legal and institutional responses to this phenomenon. This paper pioneers in creating a framework for looking at alternative types of government responses to illegal construction. The paper is, to the authors’ best knowledge, the first to present a systematic cross-national comparative analysis and critique of such responses. The authors thus hope to expand the view of the possible legal and policy response strategies available to planning authorities in other advanced-economy countries. The comparative perspective will hopefully encourage, expansion of the research to more countries and contribute to the exchange of experiences between jurisdictions.
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Temeljotov Salaj, Alenka, Jerica Jančar, Mojca Štritof Brus, and Gorazd Trpin. "The Development of the Real Estate Investment Fund for the Purpose of Regional Development." Lex localis - Journal of Local Self-Government 9, no. 3 (July 4, 2011): 265–81. http://dx.doi.org/10.4335/9.3.265-281(2011).
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In this research, an attempt is made to present the field of real estate funds in Slovenia, to point out the differences between private and public real estate funds, and explore some possibilities of public-private partnerships in this field. ‘Consumers in Europe’ (2009) Eurostat data shows that in 2007 Slovenia belonged to the states which had more than 80% of owner occupied dwellings in their total housing stock, 4.8% of the stock presents commercial rental units and only 1.3% of the stock consists of non-profit rental apartments. This issue is being examined in order to establish whether an introduction of Real Estate Investment Funds to Slovenian legislation and their cooperation with public funds could contribute to solving the problematic lack of rental apartments in Slovenia, especially in the non-profit segment.
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García García, Miriam. "El litoral español: más de un cuarto de siglo a la deriva | The Spanish coast: more than a quarter of a century adrift." ZARCH, no. 8 (October 2, 2017): 272. http://dx.doi.org/10.26754/ojs_zarch/zarch.201782161.
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Aún bajo los efectos de la resaca de la más intensa crisis financiera e inmobiliaria sufrida en España, que ha dejado en las costas españolas un paisaje malherido, se bucea en sus raíces. Para ello se hace necesario remontarse a los orígenes y la posterior evolución del marco legal que regula en la protección del litoral y la planificación urbanística. Todo ello en un contexto político y socio económico que, como se verá, ha encontrado en la legislación urbanística y en la esquelética ordenación territorial la necesaria complicidad para la devastación de una gran parte del sistema litoral. Y es que a pesar de que en nuestros días la práctica totalidad de las regiones litorales de España cuentan con alguna figura de protección y ordenación de sus costas, su alcance es claramente insuficiente e incoherente con el contexto global del cambio climático y la demanda social creciente de un paisaje que tenga sentido desde el punto de vista de su funcionalidad ecológica y capacidad de uso social.PALABRAS CLAVE: Litoral, costa, planificación territorial, cambio climático, paisaje.Still under the effects of the hangover of the most intense financial and real estate crisis suffered in Spain, which has left on the Spanish coast a badly damaged landscape, its roots are investigated. For this, it is necessary to go back to the origins and the subsequent evolution of the legal framework that regulates in the country the protection of the coast and urban planning. All this in a political and socio-economic context that, as will be seen, has found in urban planning legislation and in the skeletal territorial planning of the coast the necessary complicity for the devastation of a large part of the coastal system. Despite the fact that, in our time, practically all the coastal regions of Spain have some instrument of protection and management of their coasts, their scope is insufficient and inconsistent with the global context of climate change and the growing social demand for a landscape that makes sense from the point of view of its ecological functionality and capacity for social use.KEYWORDS: Coastline, coast, territorial planning, climate change, landscape.
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Клец, Петр. "PRINCIPLES FOR STRENGTHENING REAL ESTATE RIGHTS." Rule-of-law state: theory and practice 16, no. 4-1 (April 1, 2020): 199–211. http://dx.doi.org/10.33184/pravgos-2020.4.19.
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The actual task underlying the state registration of rights is the implementation of the principles of strengthening rights. These rights are a guarantee that the implementation of registration actions to recognize and confirm the occurrence, change, transfer and termination of rights in the state register of immovable property will not be subject to arbitrary interpretation. Strict observance of the principles is aimed at ensuring the inviolability of state register data as an information resource, their availability, legality and reliability. Purpose: to study the norms of law that provide for the implementation of the principles that guarantee security of real estate transactions, the responsibility of the registration authority, the legality of the information provided. According to the author, the presence of other registers containing information on real estate erodes the meaning of the state register of real estate as a single set of reliable information. Introduction of digitalization elements into the state registration of rights, i.e. the introduction of a mechanism for intelligent automated analysis of submissions makes it possible to employ a minimum number of Rosreestr (the Federal Service for State Registration, Cadastre and Cartography) employees. Methods: the research is based on methods of analysis, synthesis, description, classification and comparative legal. Results: the author analyzes the principles enshrined in not only civil legislation, but also having a doctrinal interpretation. His opinion is expressed regarding the practical significance of some of them.
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Karyy, O., О. Grytsay, P. Sorokovyi, and T. Khomuliak. "FINANCING OF HOUSING THROUGH REAL ESTATE FUNDS: THE RELATIONSHIP BETWEEN LEGAL, TAX AND ACCOUNTING ASPECTS." Financial and credit activity: problems of theory and practice 3, no. 38 (June 30, 2021): 68–77. http://dx.doi.org/10.18371/fcaptp.v3i38.237421.
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Abstract. The article examines the processes of housing construction financing through the mechanism of creating funds for real estate transactions from the standpoint of legal and scientific-theoretical justification. The interrelation of legal, tax, and accounting aspects in the process of housing financing through real estate funds and the impact of the issuance of property certificates as equity instruments on the activities of managers of real estate funds are determined.
In the context of providing the housing with financial resources, the dynamics of the index of capital investment in housing construction and the commissioned area of residential real estate as indicators of housing development are analyzed in recent years in Ukraine.
It is determined that the current Ukrainian legislation provides five mechanisms of financing of housing construction: construction financing funds, housing cooperatives, real estate funds, mutual investment institutions, issuance of interest-free (target) bonds. However, not all of them are widely used. In the course of the research, it was established that real estate funds are created for the owners of certificates of this fund to receive income from real estate transactions. Certificates of the real estate fund, which the manager issues when creating such a fund, are securities that certify the right of its owner to receive income from investing in real estate transactions and are in their economic essence equity securities.
Emphasis is placed on the accounting aspect of such financing as the main source of financial information for managing the activities of the real estate fund. To improve the accounting and analytical support for the management of such a fund, the correspondence of accounts is proposed to reflect the typical business transactions related to the management of the property of the real estate fund.
Based on a critical analysis of the current domestic legislation, the tax consequences of the processes of housing construction financing through the mechanism of creating funds for real estate transactions are substantiated.
Keywords: financing, housing construction, real estate fund, objects of accounting, taxation.
JEL Classification G23, H25, L74, M41, R21
Formulas: 0; fig.: 2; tabl.: 1; bibl.: 22.
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Leshinsky, Rebecca. "Situating real estate law for the new outer-space economy." Journal of Property, Planning and Environmental Law 13, no. 2 (August 3, 2021): 152–64. http://dx.doi.org/10.1108/jppel-02-2021-0010.
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Purpose With current commercial space activities accelerating, the purpose of this paper is to contexualise enlivening the discipline of real estate law for outer space. Design/methodology/approach Drawing on essential topics in real estate law, contracts and insurance, this paper discusses these themes in their terrestrial and extra-terrestrial contexts. Findings Real estate law for the outer space environment carries many similarities to real estate law but also significant differences. At this early stage in human space exploration and travel, there is a need to deal more with goods/chattels (property assets); however, this will change as land – the Moon, asteroids, planets – are made available for mining and other activities. Given outer space activities carry high risk for spacecraft and humans, there are reciprocal lessons for real estate law and practice. Practical implications Real estate law for outer space is an area already in existence. However, as access to space develops further, particularly with inevitable human presence on the Moon and exploration to Mars, real estate law will also grow in importance and sophistication. Real estate law for outer space relies on contract and property law. These are levers for commercial activities, and a further array of complex law and governance – the Outer Space Treaties, international and national law, international custom, guidelines, codes and standards. Real estate law for space will require an interdisciplinary and global approach in an era where human needs are already reliant on goods and services derived from space, as well as in the quest for exploration beyond the earth and the moon itself. Originality/value The time is ripe for space law to be taken into nuanced areas, with real estate law being an important step. Entrenched into the combined real estate and outer space disciplinary context must be consideration of the environment (earth and beyond), sustainability, heritage protection issues, etc., as well as ensuring outer space has equitable opportunities for all nations and citizens.
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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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Gaibatova, K. D., and M. A. Aliverdieva. "LAND PLOT AS A SINGLE REAL ESTATE OBJECT." Law Нerald of Dagestan State Universit 34, no. 2 (2020): 114–17. http://dx.doi.org/10.21779/2224-0241-2020-34-2-114-117.
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This article addresses the problems of considering a land plot as a single property. Particular attention is paid to the content of the principle of the unity of the fate of the land plot and real estate located on it. The foreign practice of implementing this principle in different systems of law and order is considered. It is noted that Russian legislation is in a transitional stage to a “single property”, which raises a number of problematic issues that need to be resolved. The authors propose to work out such a definition of a single real estate object that will coincide and comply with the principle of the unity of fate of land plots and real estate objects firmly connected with them. To do this, it is necessary to establish a legal connection in which, regardless of which object will be alienated, the other will inextricably follow his fate. The article concludes the need to introduce the principle of “unity of the property”, which will eliminate the contradictions, inconsistencies and gaps in the legal regulation of the investigated sphere of legal relations. In addition, the authors conclude that the introduction into civil law of the concept of a single real estate object will facilitate tax administration and taxation for citizens and organizations, as well as simplify cadastral registration and registration of transfer of ownership of real estate.
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KURMANOVA, G. K. "LAND MANAGEMENT IN THE CONTEXT OF DIGITALIZATION." Problems of AgriMarket 4 (December 15, 2020): 140–46. http://dx.doi.org/10.46666/2020-4-2708-9991.17.
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To identify problems in land management and find ways to solve them, the modern structure of organization of rational land use is considered. The analysis of the digitalization of economy in advanced foreign countries is carried out. It has been determined that in order to implement effective land policy, it is necessary to use modern geoinformation technologies, in particular, introduction of digitalization in the field of land relations regulation. It was revealed that in recent years digital technologies have been actively used in agriculture of the republic on the basis of space monitoring, which makes it possible to determine the areas of agricultural crops, species yield, and weediness of fields. The efficiency of land management based on the creation of information system - a unified state cadastre of real estate for the implementation of the State program "Digital Kazakhstan" is shown. In matters of improving land use, it foresees the creation and implementation of a State cadastre of real estate and national spatial data infrastructure. Currently, a pilot project is being carried out to combine two information systems in order to obtain a unified information system for the real estate cadastre. It was concluded that provision of all types of services in accordance with land legislation must be converted into a digital format, thanks to which the public can get free access to information, the necessary services at a distance (without the obligatory attendance at public service centers), as well as in operational mode of obtaining them. For the efficient and rational use of land and work with real estate, a new structure should be created - the Real Estate Management Agency.
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Kurmanova, G. K. "LAND MANAGEMENT IN THE CONTEXT OF DIGITALIZATION." Problems of AgriMarket, no. 4 (December 15, 2020): 140–46. http://dx.doi.org/10.46666/2020-4-2708-9991.17.
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To identify problems in land management and find ways to solve them, the modern structure of organization of rational land use is considered. The analysis of the digitalization of economy in advanced foreign countries is carried out. It has been determined that in order to implement effective land policy, it is necessary to use modern geoinformation technologies, in particular, introduction of digitalization in the field of land relations regulation. It was revealed that in recent years digital technologies have been actively used in agriculture of the republic on the basis of space monitoring, which makes it possible to determine the areas of agricultural crops, species yield, and weediness of fields. The efficiency of land management based on the creation of information system - a unified state cadastre of real estate for the implementation of the State program "Digital Kazakhstan" is shown. In matters of improving land use, it foresees the creation and implementation of a State cadastre of real estate and national spatial data infrastructure. Currently, a pilot project is being carried out to combine two information systems in order to obtain a unified information system for the real estate cadastre. It was concluded that provision of all types of services in accordance with land legislation must be converted into a digital format, thanks to which the public can get free access to information, the necessary services at a distance (without the obligatory attendance at public service centers), as well as in operational mode of obtaining them. For the efficient and rational use of land and work with real estate, a new structure should be created - the Real Estate Management Agency.
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De Paola, Pierfrancesco, Francesco Tajani, and Marco Locurcio. "Sustainable Real Estate: Management, Assessment and Innovations." Sustainability 13, no. 9 (April 22, 2021): 4676. http://dx.doi.org/10.3390/su13094676.
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Langbert, Mitchell, and Donald Grunewald. "The Real Estate Investor." Journal of Business Ethics 51, no. 1 (April 2004): 91–99. http://dx.doi.org/10.1023/b:busi.0000032344.42085.9b.
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Schroeder, Michele. "Environmental Insurance: A Risk Management Tool for Real Estate." Environmental Claims Journal 25, no. 2 (April 2013): 99–110. http://dx.doi.org/10.1080/10406026.2013.781471.
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Dimovski, Bill, Luisa Lombardi, Christopher Ratcliffe, and Barry John Cooper. "Australian Real Estate Management and Development companies and women directors." Property Management 34, no. 1 (February 15, 2016): 18–28. http://dx.doi.org/10.1108/pm-12-2014-0052.
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Purpose – There is a large literature advocating the importance of a greater proportion of women directors on boards of publicly listed firms. The purpose of this paper is to examine the numbers and proportions of women directors, including women executive directors, on listed Australian Real Estate Management and Development (REMD) companies to identify how prevalent women directors are on such boards. Design/methodology/approach – The study examines the numbers and proportions of women directors for 35 REMDs in 2011 and compares this to the broad board composition data on 1,715 Australian Stock Exchange listed entities. Statistically significant findings are evident due to the identified low proportions. Findings – The study finds that of all the Financials Sub Industry sector groups, REMDs have the lowest proportion of female directors on theirs boards – eight women on each of 35 company boards compared to 159 men on these 35 boards at 2011. Of the eight, there were only two women executive directors on boards compared to 50 men. Statistically, it appears that having women directors on REMD boards is not considered important. Even at December 2014, there are only ten women on seven company boards and only one remaining executive director of an REMD company. Practical implications – Given that female board representation is positively related to accounting returns and that there is a growing voice for legislation to impose mandatory proportions of women directors on boards around the world, it may be in the interests of REMD boards to consider appointing more women more quickly. Originality/value – The study is the first to examine the numbers and proportions of women directors amongst REMD companies to identify the paucity of such women directors.
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Makarova, Ksenia Olegovna. "“De facto” single real estate complex as an object of taxation in the context of corporate property tax of." Налоги и налогообложение, no. 1 (January 2021): 112–17. http://dx.doi.org/10.7256/2454-065x.2021.1.34707.
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The problem of qualification of property became urgent in 2019, when corporate property tax was levied on movable property. Tax authorities began to reclassify movable property into immovable property, using the terms and constructions of civil legislation. This article examines such legal constructs as a single real estate complex, and its impact upon taxation of corporate property. Special attention given to the following questions: 1. What objects can be incorporated into a single real estate complex? 2. Whether the range of objects united by a single technological network can be recognized as a single real estate complex, if the right to ownership is not registered as for a single immovable object in the uniform state register? Based on the analysis of the actual arbitration cases, it is concluded that the concept of a single real estate complex was completely revised by the tax authorities, and then by the courts, violating the goals pursued by the legislator, who tried to encourage corporations to renovate fixed assets, intentionally excluding movable property as the object of taxation in the context of corporate property tax. The author concludes that the interpretation of the terms of civil legislation proposed by tax authorities and established in case law led to unfeasibility of the goals set for the legislator, as well as to violation of the fundamental tax principles.
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Tymoshchyk, Liliia. "Assessment of the Property of a Territorial Community: Topical Problems and Ways to Solve them." Modern Economics 25, no. 1 (February 23, 2021): 148–52. http://dx.doi.org/10.31521/modecon.v25(2021)-23.
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Annotation. Introduction. One of the trends in the development of the modern real estate market in Ukraine is the gradual growth of the real estate owners, and, accordingly, the change of the real estate management system, in particular, in the field of municipal management. Real estate, as a strategic asset, needs to be managed at a professional level. Therefore, the mechanism of property valuation of territorial communities is perceived as one of the tools of effective property management. Purpose. The purpose of this article is to find and scientifically substantiate the priority areas for improving the effectiveness of property valuation of territorial communities, and analysis related to the mechanism of evaluation of management aspects – goals, approaches, methods and characteristics. Results. The article analyzes the essence of effective management of municipal property – focuses on management goals, the priority of which is the creation of conditions for normal activities, both for each resident and all in general, analyzes the process of determining the effectiveness of municipal management in various fields and its characteristics, methods of evaluating the effectiveness of management. The main provision that guides real estate activities is that real estate development projects should meet the needs of consumers as much as possible. The views of domestic researcher N. Smentina on approaches to assessing the effectiveness of communal property – economic and social. The article provides a detailed substantive analysis of the concept of “real estate” within the complex development and its spatio-temporal characteristics that affect its value. The importance of the characteristic “optimal use of real estate” is determined. The “optimal use of real estate” reveals the conceptual content of the process of assessing the effectiveness of property use. Conclusions. Summing up, property valuation is especially important in the context of increasing the economic benefits from the sale of communal property, but the mechanism of property valuation of territorial communities in Ukrainian legislation still does not determine some specific aspects of municipal property valuation.. Keywords: property; property management; management efficiency; territorial community.
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ZOLOTAREVA, Alla Efratovna, Svetlana Jurievna STARODUMOVA, Alla Andreevna NEZNAMOVA, Renata Romanovna LENKOVSKAYA, and Maria Alexandrovna VOLKOVA. "Land Plots as a Variety of Immovable Things." Journal of Advanced Research in Law and Economics 8, no. 7 (June 17, 2018): 2308. http://dx.doi.org/10.14505//jarle.v8.7(29).32.
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The article deals with attributes of immovable things, land plots in particular, as a special variety of an immovable thing. We have analyzed legal precedents, which allowed identifying various items of immovable property and relate them to each other. In our research, we used general scientific and law-specific methods of cognition: historical legal, formal legal, comparative legal, etc.
We have found gaps in the land legislation and civil legislation related to incomplete definitions and lack of clearly described attributes of immovable things. We have accounted for the latest legislative changes characterizing judicial attribute of any immovable property. Based on the identified attributes, we divided real estate into groups and provided a definition for the concept of a land plot as a special variety of real estate, without which things cannot exist and may not be divided into movable and immovable.
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Leffers, Donald. "Real estate developers’ influence of land use legislation in the Toronto region: An institutionalist investigation of developers, land conflict and property law." Urban Studies 55, no. 14 (November 9, 2017): 3059–75. http://dx.doi.org/10.1177/0042098017736426.
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This paper investigates the role of real estate developers in shaping land use legislation, land use planning and property law. The conceptual framework draws on third-phase institutionalism and socio-legal theory to examine actors and ideas that influence knowledge and practices of land use, planning and property. This paper confronts absences in planning theory that overlook the role of real estate developers in disputes over land, especially their role in shaping the legislative framework governing land use. The argument is that property law is not simply an objective system of rules interpreted by lawyers, judges and the courts. Neither is it a singular concept protecting private property rights. Rather, it is a complex concept and institution that emerges in practice through political processes, such as social movements, the exercise of power and influence by elite actors, and strategic acts by political actors navigating diverse and competing agendas. The empirical evidence informing this argument derives from case study research of land conflicts on the Oak Ridges Moraine in the Toronto region, Canada, with particular attention given to the relationship between real estate developers, social movement actors, and politicians involved in resolving the conflict.
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Klyushnichenko, V. N. "Analysis of the principles of reference inventory today." Geodesy and Cartography 924, no. 6 (July 20, 2017): 43–48. http://dx.doi.org/10.22389/0016-7126-2017-924-6-43-48.
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A comparative analysis of the principles of the cadastre in the most developed countries and in Russia. It is shown that some of the principles of cadastre, it is advisable to introduce into the Russian legislation. Such principles include the principle of Renzenberger, as well as the principles of Ruoff and Kuranda. The Russian inventory has more than twenty years, however, it cannot be considered complete, as registered in cadastre only 60 % of real estate. Full filling of the cadastre information on real estate is possible, if we abandon the application of the principle of reference. Unlike foreign domestic inventory the inventory contains errors that complicate the procedure of registration of immovable property. In addition, the domestic inventory is not the only source of information about the property that causes the ambiguity of the information about the same object. Important is also that the damage caused inaccurate inventory information bona fide buyer or seller of real property under current law, does not exceed one million rubles, regardless of the value of the lost object. Foreign inventory recognizes the property owner the main participant of the changes, however, the Russian legislation allows for the adjustment of the information object without the application of the property owner. See principles of the foreign inventory is useful for the maintenance of the national cadastre. This will simplify the process of state cadastral accounting of real estate, reduce the time of its formation and to increase the reliability of materials of the Unified state register of real estate.
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Zavadskas, Edmundas Kazimieras, Arturas Kaklauskas, Saulius Raslanas, and Birute Galiniene. "Web-based intelligent DSS for real estate." International Journal of Environment and Pollution 35, no. 2/3/4 (2008): 250. http://dx.doi.org/10.1504/ijep.2008.021359.
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Polivodskyy, Oleksandr. "Digital form of contracts: perspectives of implementation in sphere of Land rights and other Real Estate." Yearly journal of scientific articles “Pravova derzhava”, no. 32 (2021): 276–87. http://dx.doi.org/10.33663/0869-2491-2021-32-276-287.
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The article is devoted to the issues of implementation of digital form in sphere of Land and other Real estate. The author analyses literature of the issue, legislation and Ukrainian court practice. Draft of the Law that proposes non-paper dealing with documents related to registration of the land and real estate property rights is studied by the publication Dr. Polivodskyy points that digital contracts have risks related to the form that should be avoided: a party may deny the fact of committing contract. The reason may be grounded on defects of form of the contract. To minimize the risk, legal frame and technical implementation should support unity of will and acts of a person, avoiding mistakes and abuse. Legal protection of electronic signature, passwords and other identification means to be implemented to Ukrainian legislation to be implemented to avoid misuse of fraud in this sphere. Loss or abduction of such meant should not be considered as a fault of the person who lost the means. Criminal responsibility should be lunched for persona who attempts to seize such means. A person who owns the rights should be granted access to information at State register of property rights and State land cadaster. The author concludes that usage of usage of digital form is right of legal and natural persons that shall be supported by legislation. This right may be used in sphere of circulation of Lang and Real Estate in condition that rights and interests are protected. Such digital contracts should be supported by proper means of identification.
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Omran, Mohamad Aghyad. "The reality of the real estate lease agreement in the Syrian Arab Republic." LAPLAGE EM REVISTA 7, Extra-D (July 13, 2021): 298–302. http://dx.doi.org/10.24115/s2446-622020217extra-d1098p.298-302.
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This article examines concept and the importance of the lease agreement and the genesis of rent law in Syria and some of the features of the civil legal regulation of relations arising in connection with the lease of real estate in Syria. Differences in the determination of the amount of rent under lease agreements concluded before and after the 2001 reform are considered. The basis of the civil status of the parties to the lease agreement in Syria is considered and the rights and obligations of the landlord and tenant in law. In the conclusion of the work, a conclusion is made about the need for further development of civil legislation in Syria and refusal to apply the old socialist laws, and the need to set exceptional rules that protect tenants in the reality of the Syrian crisis.
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Palamar, A. Yu, and Ya V. Osipenko. "ANALYSIS OF INSTALLATION OF MARKET VALUE OF LAND INDUSTRY OF INDUSTRIAL PRODUCTION." Metallurgicheskaya i gornorudnaya promyshlennost, №5, 2018, no. 5 (October 2018): 88–93. http://dx.doi.org/10.33101/s005-3867549.
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Purpose: 1) to study the concept of wear in the theory of valuation of real estate; 2) analyze the main types of wear and methods of their assessment; 3) to analyze the requirements for the procedure for determining the technical condition of residential buildings when planning and designing repairs; 4) analysis of the reconstruction and technical inventory of the commercial real estate object; 5) in the given example, determine the accumulated depreciation of the real estate by the method of partitioning. Methodology. Many different methods of estimating the value of real estate have been developed, which shows the importance of this task. However, the practical application of existing techniques is problematic. Most of them follow the international practice of evaluation without taking into account the specifics of legislation and the existing conditions of the economic, urban, political and social life of Ukraine. Findings. Thus, the development of the theoretical foundations of real estate valuation, the improvement of its methods, and the implementation of applied research seem rather relevant and practically significant for land management of settlements. Originality consists in the following: the analysis of the best and most efficient use of the land plot; the calculation of the value of the object of valuation by three independent methods of valuation has been made, namely: the method of taking losses into land improvements; income distribution method; the method of comparing the prices of sales of real estate. Practical value. To date, the situation of the domestic assessment school should be considered as being in the period of formation. A large number of modern methodological developments are based on the theory and practice of assessing foreign developments. Many different methods of estimating the value of real estate have been developed, which shows the importance of this task. However, the practical application of existing techniques is problematic. Most of them follow the international practice of evaluation without taking into account the specifics of legislation and the existing conditions of the economic, urban, political and social life of Ukraine. Keywords: estimation, real estate, tax, rent, foreign experience, land market, land payments
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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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CANAS, Sílvia R. D., Fernando A. F. FERREIRA, and Ieva MEIDUTĖ-KAVALIAUSKIENĖ. "SETTING RENTS IN RESIDENTIAL REAL ESTATE: A METHODOLOGICAL PROPOSAL USING MULTIPLE CRITERIA DECISION ANALYSIS." International Journal of Strategic Property Management 19, no. 4 (December 23, 2015): 368–80. http://dx.doi.org/10.3846/1648715x.2015.1093562.
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The real estate sector has been negatively affected by the recent economic recession, which has forced structural changes that impact property value and price. Recent pressures have also motivated reduced liquidity and access to credit, causing a drop in property sales and, thus, boosting the rental housing market. It is worth noting, however, that the rental housing segment is not with-out difficulties and complexity, namely in terms of legislation and rental value revaluation. In light of this reasoning, this study aims to develop a multiple criteria decision support system for calculation of residential rents. By integrating cognitive maps and the measuring attractiveness by a categorical based evaluation technique (MACBETH), we also aim to introduce simplicity and transparency in the decision making framework. The practical implications, advantages and shortfalls of our proposal are also analyzed.
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Baltutite, Iolanta. "The Legal Regulation of Real Estate Turnover in the Context of Digitalization of the Russian Economy." Legal Concept, no. 1 (April 2021): 86–93. http://dx.doi.org/10.15688/lc.jvolsu.2021.1.13.
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Introduction: the formation and development of the real estate market as a specific sphere of market relations is one of the basic vectors of the creation in the Russian Federation of an economic system based on the prevalence of private property and market mechanisms of self-regulation, functioning and formation of the economy. The rapid development of digital technologies leads to the transformation of the entire system of public relations, including the sphere of real estate transactions. Purpose: to study the peculiarities of concluding transactions, whose object is real estate, in the context of informatization of civil turnover, as well as to develop and justify the theoretical and practical conclusions and proposals for improving the relevant legal regulation. Methods: the methodological framework for the study is based on the methods of scientific cognition, among which the main ones are the methods of consistency, analysis and comparative law. Results: the author analyzes the results of the reform of the current civil legislation and innovations in the field of the legal regulation of real estate transactions in the context of digitalization and informatization of the state and society, considers the main theoretical and practical problems of the legal regulation of the implementation and organization of such transactions using digital technologies, and also formulated specific proposals for improving the current legislation in this area. Conclusions: the innovations in the legal regulation of real estate in the context of the fourth industrial revolution contain a number of positive aspects, but it is advisable to constantly identify and develop the ways to eliminate the gaps, both in the legal regulation and in the theoretical and legal understanding of the transformation of public relations in the field of real estate transactions in the context of Industry 4.0. It is revealed that when making a transaction completely in electronic form, neither the registration authority nor the notary will be able to determine the real, desired intentions of the transaction participant, who may be under duress, or does not understand the meaning of his actions, or is misled, which may later become the basis for invalidating the transaction. In this regard, the additional mechanisms for authenticating applicants when receiving electronic public services are needed.
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Warren-Myers, Georgia. "Sustainable Management of Real Estate: Is It Really Sustainability?" Journal of Sustainable Real Estate 4, no. 1 (January 1, 2012): 177–97. http://dx.doi.org/10.1080/10835547.2012.12091833.
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Lūce, Intra. "Quality and Compliance in Short-Cycle Higher Education Programs in the Field of Real Estate Management." Baltic Journal of Real Estate Economics and Construction Management 6, no. 1 (February 16, 2018): 24–36. http://dx.doi.org/10.1515/bjreecm-2018-0002.
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Abstract The article deals with the concept of quality and compliance in the context of the short-cycle professional higher education (SCHE) program in the field of real estate management. The article highlights the role of graduates and employers in assessing the quality and compliance and surveys of students as well. The surveys of students, graduates and employers and the analysis of legislation allow assessing the quality and compliance of SCHE study program in real estate management. Currently, in Latvia, the qualification of a house manager can be obtained at three accredited higher education institutions, studying in a short-cycle professional higher education program, which, in accordance with European Qualifications Framework (EQF), is the first-level professional higher education program. The article will mainly focus on the quality and compliance of the house managers’ professional qualification acquisition in short-cycle higher education programs in Latvia. Data analysis, synthesis and logical construction methods have been used in this article.
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Bogdanova, Tatyana, and Elena Selezneva. "Preliminary agreement in the purchase and sale’s obligations of real estate." Current Issues of the State and Law, no. 14 (2020): 197–205. http://dx.doi.org/10.20310/2587-9340-2020-4-14-197-205.
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This work is devoted to the study of a preliminary agreement formation in real estate purchase and sale transactions. We give a definition of real estate purchase and sale agreement and analyze the essential terms of both the preliminary real estate purchase and sale agreement and the main agreement. We establish that the conclusion of a preliminary agreement and the resulting obligation to conclude the main agreement can give the counter-party of the transaction additional ways to protect their rights and legitimate interests. We emphasize that the preliminary purchase and sale agreement of real estate must specify conditions that establish the subject and other condi-tions of the main agreement. In the opposite case, if the essential conditions are not defined in the agreement, it is considered not concluded. We analyze the issue of spouses’ property regime of arising from the conclusion of a pre-liminary agreement concerning the disposal of joint property acquired in marriage. We determine the consequences that may occur in the event of a preliminary agreement if one of the spouses is absent or objects. We use practice materials as examples. Analysis of law enforcement practice shows that currently there are a large number of unresolved issues related to the legal qualification of relations arising from preliminary agreements. The work offers suggestions for making changes to the current legislation of the Russian Federation.
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Novák, Marek. "Derelikce nemovitosti a její právněhistorické kořeny." PRÁVNĚHISTORICKÉ STUDIE 51, no. 2 (August 10, 2021): 111–28. http://dx.doi.org/10.14712/2464689x.2021.22.
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It follows from the case law of the Supreme and Constitutional Court that everyone has the right to leave immovable property if they do not illegally avoid liability for non-fulfilment of their own obligations. The legal institute of dereliction has its origins in Roman law, which emphasized the free will of the owner deciding to abandon property. The dereliction of real estate according to the Civil Code in effect takes place by the legal action itself, by which the owner expresses the will to abandon the thing. Declaratory nature of property registration in the real estate cadastre might follow the recodification work in the 1920s and 1930s, as it differs from the General civil code (ABGB) regulation. Moreover, the Civil Code is influenced by socialist legislation when it transfers abandoned real estate to state ownership automatically. Although this was originally considered a measure in favour of the society, it is likely to cause difficulties. In recent years, laconic provisions of the Civil Code have provoked a discussion on the requisites of the application for the registration of state ownership in the real estate cadastre. The cadastral offices and some courts initially considered that the application must be accompanied by a consent statement from the original owner and the state, which, however, contradicts the characteristic of dereliction as a unilateral act. The Supreme Court strongly opposed this practice and interpreted the nature of dereliction in its decisions in detail.
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Stamsø, Mary Ann. "Selling a house and the decision to use a real estate broker in Norway." Property Management 33, no. 2 (April 20, 2015): 173–86. http://dx.doi.org/10.1108/pm-01-2014-0006.
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Purpose – The purpose of this paper is to examine the widespread of property sellers choosing to sell by themselves or through an estate agent, what characterises them and the reason for their choice. In addition the paper contains comparisons of the gap between sales price and asking price between the sales methods and satisfaction with the sales process. This study is the first study of these phenomena carried out in Norway. Design/methodology/approach – The data used for this study was obtained from a national survey including 1,649 house sellers. A logistic regression analysis is used to analyse the impact of household’s characteristics on the sales method. Findings – The main findings of this study are that 83 per cent of the house sellers used an estate agent through the whole sales process and differences in the choices are related to urbanisation, age and education. The most important reason for preferring a real estate broker is that doing the sale on your own is considered too much work. Conversely, the most important reason for doing the sale on your own is that estate agents are too expensive. Those selling without an estate agent were more satisfied and the gap between sales price and asking price was smaller than for those selling through a real estate broker. Originality/value – Issues concerning competition within the market for estate agents should be central topics for property management. Property sellers selling their property by themselves are an important contribution to increase the competition in the market for estate agents. This issue has not been on the agenda in Norway, or in Europe, in the same way as in the USA. This is probably due to the complexity in the legislation and strict laws within property sales in Central and Southern Europe. However, in Norway, UK and in the Nordic countries, the legal system is not complicated. It is rather the lockout of private individuals from the housing web sites and the fact that the property sellers are not familiar with this kind of transaction that has prevented property sellers to sell their house by themselves. Today Norway is one of few countries with a booming housing market, which also has increased the commission for estate agents. From 2010 private individuals got access to advertise their house on the housing web sites in Norway. These have influenced the focus on alternative sales methods.