scholarly journals Artificial land plot as a real estate object

2021 ◽  
Vol 3 ◽  
pp. 52-55
Author(s):  
V.A. Alexeev ◽  

The article deals with the concept of an artificial land plot and critically analyzes its legislative definition. The author establishes the correlation of the concepts ‘artificial land plot’, ‘artificial island’, ‘hydraulic engineering structure’. A proposal is made to eliminate the reference of an artificial land plot to constructions.

2021 ◽  
pp. 19-24
Author(s):  
N.A. Pronina ◽  
T.N. Platunova ◽  
S.O. Kostyakova

The article raises the following topical problems currently inherent in the institution of real estate in theRussian Federation: the unsuccessful legal definition of a real estate object, enshrined in Art. 131 of the CivilCode of the Russian Federation; qualification of objects as immovable and, accordingly, delimitation of themfrom movable ones; the emergence of objects with a controversial legal regime; the need to move from themodel of “plurality” to the model of “unity” of real estate objects. Also, the authors of this article analyzea number of approaches aimed at resolving the above problems and the possible consequences (both positiveand negative) of their implementation in practice, put forward their views and offer their own solutionto these problems. A variant of the legalization of “disputable” objects is proposed by introducing the rightof construction into the civil law of the Russian Federation as a limited property right to use a land plot withthe extension of this right to everything that is being built on such a land plot. The examples of legislativeregulation of the right to build in the civil law of pre-revolutionary Russia are considered, the elements of theright to build in the current law of the Russian Federation are revealed.


Author(s):  
VLADISLAV YU. SUTYAGIN ◽  
◽  
YANA YU. RADYUKOVA ◽  
VALENTINA V. SMAGINA ◽  
◽  
...  

The 2014 changes in the Tax Code expanded the institute of cadastral valuation from land to capital construction facilities. But this also gave rise to a new wave of questions about the reliability of the cadastral assessment. One of the stumbling blocks was the accounting (exclusion) of land from the cost of the capital construction facility. This article is devoted to methodological substantiation of estimation and accounting of land value in a single real estate object in conditions of lack of initial information. In the article, the authors consider the share of the land plot in the value of a single real estate object as a result of various pricing factors. As a methodological basis for calculating the share of land in a single real estate object, the regression analysis method was used. The results of the present study can be used in cadastral valuation practices as well as market assessments (including forensic examinations) prepared to challenge the results of cadastral valuation. In addition, the authors made a number of proposals for the direction of further improvement of the proposed approach.


Author(s):  
Valeriya Pukhova

The need for improvement of the current mechanism of project financing for the construction of residential real estate arises from the analysis of the theory and practice of financing of the primary housing market. The use of the systemic approach has allowed the author to develop an improved mechanism of project financing, which comprises the principles of project financing, tools, forms of its regulation and methods of implementation of project financing. For efficient operation of the improved mechanism of project financing for the construction of residential real estate, a number of strategies have been proposed for the implementation of an investment and construction project, differing in design solutions, implementation period, marketing policy, rates of filling escrow accounts. The author proposes a scheme for a developer to choose project designs, which is based on the rules for land use and development and urban development regulations. A model for assessing the strategy for the implementation of an investment and construction project in project financing, taking into account the cost of a land plot, interest on a loan, selected design solutions, as well as the return on capital investments, was developed. In order to make a decision on the implementation of one or another investment and construction project for the construction of an apartment building, developers are invited to assess the options for design solutions and draw a conclusion about the most effective one according to the proposed model. The model can be used to assess the influence of the cost of a land plot in the structure of costs when the developer has a model project. It helps take into consideration project designs, the cost of the land plot according to the location of the designed facility, profitability of the expected capital investment and interest on the loan using escrow accounts.


2021 ◽  
Vol 1 (161) ◽  
pp. 129-133
Author(s):  
S. Nesterenko ◽  
Y. Radzinska ◽  
V. Frolov ◽  
P. Firsov

Given the provisions of the existing regulatory framework, contributions and achievements in the development of modern land management, it can be noted that the current outline of legal features of land and real estate, the presence of significant gaps and unresolved issues need to clarify these problems and find effective practical measures. The purpose of the article is to study the existing regulatory requirements for the acquisition of ownership of real estate in combination with ownership of land. The article examines the existing regulatory requirements for the acquisition of ownership of real estate in combination with ownership of land. The paper analyzes modern approaches to obtaining the right to land under real estate in Ukraine. The procedure for assigning a cadastral number before the alienation of real estate is determined; schemes of land formation under the real estate object; the procedure for state registration of real estate rights and the grounds for refusal of it and others are determined. The order, principles, requirements and regulatory documents at formation of the ground area under real estate objects are offered. The article considers the peculiarities of assigning a cadastral number to the land plot on which the residential building is located. It is noted that the state registration of land plots is carried out at their location by the relevant state cadastral registrar. It is determined that the acquisition of the right to a person's share in the ownership of a residential building, building or structure under the contract as a result of state registration of rights is a fact of acquisition of real estate. The norms specified in the article establish the general principle of integrity of the real estate object with the land plot on which this object is located. According to these norms, the definition of land rights is directly dependent on the ownership of the building and structure. The provisions developed in the article will increase the efficiency of land use and real estate by defining regulations on their mutual influence.


2020 ◽  
Vol 24 (11) ◽  
pp. 54-60
Author(s):  
I.K. Evstigneeva ◽  
I.N. Tankovskaya

The species and ecological composition, production potential (phytomass) and spatial and temporal sustainability of phyto-fouling of the coastal hydraulic engineering structure have been studied. Macroalgae of 30 species, 20 genera, 12 families, 11 orders, 4 classes, 3 departments were found in the fouling formation. Taxonomic leaders of the community are Chlorophyta, Rhodophyta, Ulva, Cladophora, Ceramium, ecological leaders are marine, leading, annual and oligosaprobe species. Species with high rate of occurrence prevail in the fouling formation. Spatial variability of species’ composition and phytomass is moderate. Analysis of phyto-fouling in different years and seasons allowed to identify features that are stable in time and space or capable of transformation.


2020 ◽  
pp. 160-168
Author(s):  
Olha BORTNYK

Legal relations concerning spontaneous construction are a special construction, which is not a classic example of civil relations, which are characterized by legal equality, free will, property independence of their participants, which are collectively considered the fundamental foundations of civil law. The study identifies and reveals the components of the basis for the acquisition of ownership of unauthorized construction, including: ownership can be recognized as a person for the property, which must have certain characteristics, necessary and integral features (characteristics); such property, by its legal nature, must belong to immovable property; construction must be under construction or already built; illegality (illegality) of such construction; constructed real estate or property that is under construction is located on a land plot that has not been allocated for this purpose, property is built or is being built with significant violations of applicable building codes and regulations, etc. Provisions on the understanding of each of the components of the basis for the acquisition of ownership of unauthorized construction are disclosed. Peculiarities of application of norms on unauthorized construction depending on the will of the owner of the land plot on which the unauthorized construction was carried out are stated, as well as attention is paid to the possibility of acquiring ownership of unauthorized construction by a person who did not carry out construction or the land owner. Opinions were expressed regarding the referral of the issue of acquiring the right of ownership for unauthorized construction to judicial jurisdiction.


Author(s):  
A.L. Bazhaykin ◽  
V.N. Chernyaev

The article considers the legal prerequisites for giving a land plot the status of the basic real thing, establishment and perception in the legal aspect of "a united object (land plot with its constituent parts)", as in the theoretical literature, regulatory legal acts the approach to understanding the land plot in its relationship directly with its constituent parts (part of the land plot, part of the forest area, consolidated land use, multiple land) has prevailed. Besides, there is a prevailing priority of a land plot, which came to us from Roman law, over other types of real estate (buildings, constructions, objects of incomplete construction, etc.), natural objects and natural resources (ponds, drowned open-cuts, trees and shrubs, subsoil plots, soil stratum and others) located within, under and above its boundaries, in compliance with environmental requirements upon realization of warrants by land owners, as well as land owners with limited rights and land users.


Author(s):  
Nikolay Belyaev ◽  
Vasily Krupin ◽  
Evgeny Mikhalenko ◽  
Aleksandr Smirnov ◽  
Valentin Vilkevich ◽  
...  

<p class="R-AbstractKeywords"><span lang="EN-US">The article provides a description of modern geodetic devices, which are used to solve several problems connected with environmental and hydraulic engineering. In particular, a non-conventional method of area measurement for ecosystems monitoring, which involves the usage of satellite navigation devices, is considered. </span></p><p class="TTPParagraphothers"><span lang="EN-US">Nowadays electronic tachymeters, digital levelling instruments, laser scanning systems and satellite systems are widely used for implementation of geodetic engineering works. In full extent it could be also applied to different environmental and hydraulic engineering problems solution.</span></p><p class="TTPParagraphothers"><span lang="EN-US">The satellite navigators, especially with GPS+GLONASS system support, are the promising alternative to handle different planimetric tasks, particularly, water surface and drainage area measurement. </span></p><p class="TTPParagraphothers"><span lang="EN-US">The paper presents an analysis of the results of research carried out in 2012-2014 years and comparison of them with the new field data. Moreover the obtained results are compared with the theoretical values of quadrates’ areas and the dependence of the relative accuracy versus land plot area is built.</span></p><p class="TTPParagraphothers"><span lang="EN-US">Based on a practical research, the accuracy of the method is being estimated. The analysis of different measuring conditions and factors, regarding their effect on accuracy, is made. </span></p><p class="R-MainText"><span lang="EN-US">The suitable areas, where the method could be used, are mentioned. Particularly, the possibility of water surface and drainage area measuring is examined with the usage of previous theoretical base. </span></p><p class="TTPParagraphothers"><span lang="EN-US">The paper presents an analysis of the results of research carried out in 2012-2014 years and comparison of them with the new field data. Moreover the obtained results are compared with the theoretical values of quadrates’ areas and the dependence of the relative accuracy versus land plot area is built.</span></p><p class="TTPParagraphothers"><span lang="EN-US">Based on a practical research, the accuracy of the method is being estimated. The analysis of different measuring conditions and factors, regarding their effect on accuracy, is made. </span></p><p class="R-MainText"><span lang="EN-US">The suitable areas, where the method could be used, are mentioned. Particularly, the possibility of water surface and drainage area measuring is examined with the usage of previous theoretical base. </span></p>


Sign in / Sign up

Export Citation Format

Share Document