scholarly journals Problems Associated with the Legal Substance of Real Estate Encumbrances

2015 ◽  
Vol 1 (1) ◽  
pp. 54
Author(s):  
Inga Kudeikina
Keyword(s):  
Real Estate ◽  
Property Rights ◽  
Common Good ◽  
Case Law ◽  
Related Case ◽  
The Real Estate ◽  
Special Procedure ◽  
Estate Owner ◽  
Entire Society ◽  
Real Estate Owner

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.

scholarly journals The Law of Neighboring Tenements: "The Wrong Sort of Honey"

2020 ◽  
Vol 2020 (1) ◽  
pp. 78-87
Author(s):  
Andrey Peraladov ◽  
Alexander Lichman
Keyword(s):  
Real Estate ◽  
Burden Of Proof ◽  
Legal Regulation ◽  
Equal Rights ◽  
The Real Estate ◽  
Civil Process ◽  
Property Rights Protection ◽  
Estate Owner ◽  
The Law ◽  
Real Estate Owner

The present research featured the legal nature of the negatory action as one of the common ways to protect the rights of a real estate owner. The article focuses on the ground of this action and the fact in proof in property rights protection cases not related to dispossession. The authors drew a parallel between the negatory action and the prohibitory action which prohibits offensive activities or hazards of injury infliction. In spite of the fact that the prohibitory action used to be associated with the nugatory one, they demand different kinds of actual statutory regulation and law enforcement. The authors agree that the lawsuit on the prohibition of activities, as provided for by Article 1065 of the Civil Code of the Russian Federation, stems from a tort, and is not a proprietary method of defense of rights. In the Russian civil law, the law of neighboring tenements remains underdeveloped, as does the defense of rights of the real estate owner from their neighbors. The authors believe that it is wrong to justify the negatory action by administrative law as this violates the rules for overcoming conflicts of legal regulation, shifting the burden of proof, and deviating from the standards of adversarial and equal rights of the parties in the civil process.

scholarly journals Outsourced property management: the regulations of the property manager

2018 ◽  
Vol 36 (5) ◽  
pp. 620-632 ◽  
Author(s):  
Peter Palm
Keyword(s):  
Real Estate ◽  
Facility Management ◽  
Commercial Real Estate ◽  
Property Management ◽  
Individual Property ◽  
Content Type ◽  
The Real Estate ◽  
Estate Owner ◽  
Real Estate Owner ◽  
The Individual

Purpose The purpose of this paper is to identify factors on property management level for analysing incentives for an effective property management in an outsourced setting. Design/methodology/approach This research is based on an interview study of a set of three real estate-owning companies and their contracted facility management companies’ property management teams. Findings The study concludes that the property manager within the facility management company is highly controlled by the contract between the real estate owner and the facility management company. However, this contract does risk the individual property manager to prioritise the wrong work tasks as she/he has to know exactly what to prioritise in each contract and consider in whose interest she/he performs each task, the real estate owner, her/him employer or the tenants. Research limitations/implications The research in this paper is limited to Swedish commercial real estate sector. Practical implications The insight in the paper is regarding how real estate owners create incentives for the facility management companies’ property management organisation and how that are perceived by the individual property manager. Originality/value It provides an insight regarding how the commercial real estate industry prioritises different work tasks and how incentives are created to enable effort.

scholarly journals PARTNERSHIP PRACTICES AND THEIR IMPACT ON VALUE CREATION – REFLECTIONS FROM LEAN MANAGEMENT

2014 ◽  
Vol 18 (1) ◽  
pp. 56-65 ◽  
Author(s):  
Tuuli Jylha ◽  
Seppo Junnila
Keyword(s):  
Real Estate ◽  
Value Creation ◽  
Customer Value ◽  
Service Providers ◽  
Property Management ◽  
Lean Management ◽  
Real Estate Sector ◽  
Estate Owner ◽  
Real Estate Owner ◽  
Business District

The trend of outsourcing operational property management services by the property owners has had a prominent role in the Finnish real estate sector. At the same time, value creation has been scattered across many players such as the owner, the property manager and several service providers. This paper aims to analyse the value creation practices and mechanisms between two partners, a real estate owner and its property management company, in order to assess the current value creation. The assessment is based on a lean partnering framework presented by Lamming (1993). The customers are office tenants in the Helsinki business district. The case findings showed that the expected customer value was challenging to deliver, because waste activities disrupted the value creation. The partners had also adapted some of the value creation practices differently, which caused turbulence in value creation. In addition, the partners had missed the power of doing improvements jointly, but prefer to use bidding to establish value creation. However, through lean thinking the organisations found a much-needed new approach to develop their partnership. The principles of lean management made the problem clearer and enabled the organisations to start dealing with the relevant challenges.

scholarly journals Statutory Bar on the Right to Exercise a Mortgage Under the Conditions Applicable in the Slovak Republic and Comparison with the Legal Regulation of the Czech Republic

2021 ◽  
Vol 12 (3) ◽  
pp. 224-238
Author(s):  
Nikola Pacalajová ◽  
Martin Kubinec
Keyword(s):  
Czech Republic ◽  
Real Estate ◽  
Slovak Republic ◽  
Case Law ◽  
Legal Regulation ◽  
Judicial Activism ◽  
Public Records ◽  
The Czech Republic ◽  
The Real Estate ◽  
The Right

Abstract Based on the analysis and comparison of legal regulation and existing case law, the authors present in the paper their opinion on the issue of deleting mortgage with statute-barred claim from public records (Land Registry). The Slovak legal regulation, in contrast with the Czech one, does not include an explicit provision enabling the deletion of mortgage with statute-barred claim from Land Registry. Taking into consideration the aspect of justice, the authors reached the conclusion that even without a normative platform, it is necessary to allow the mortgagor to apply to court to determine that the real estate is not mortgaged and subsequently use the court’s decision as a basis for deletion. However, since the courts decide in this case, using judicial activism, knowingly contrary to the purpose and content of the institute of statutory bar, the authors consider it essential that legislation be adopted as soon as possible to regulate this situation.

Right-of-way for Transmission Facilities as Regulation of Legal Relationships Regarding Real Estate between the Real Estate Owner and the Transmission Entity

2017 ◽  
Author(s):  
Anna Przewiezlikowska
Keyword(s):  
World War Ii ◽  
Real Estate ◽  
Legal Status ◽  
Real Property ◽  
The Real ◽  
The Real Estate ◽  
Right Of Way ◽  
Estate Owner ◽  
Construction Permit ◽  
The Right

In Poland, after World War II, most of the technical infrastructure was built based on a construction permit, and without a legal title to a given real property. Therefore, a necessity arose for the regulation of property rights where technical infrastructure was built. For the establishment of the right-of-way for transmission facilities it is essential to regulate the legal relationships between the owner of the real estate and the transmission entity and their entry into the land and mortgage register. The extent of the granted right-of-way determines the value of consideration for the owner of the encumbered property. This study analyzes the rules for the determination, establishment and surveying preparation of the right-of-way for various types of transmission facilities. First a thorough examination of the legal status of the real property was required and then the extent of the necessary right-of-way to be established for the given facilities was analyzed. The next stage of the study involved determining the extent of the rights-of-way and appropriate protective zones for the networks pursuant to the relevant technical guidelines. The analysis revealed significant diversity of legal regulations on the establishment of the right-of-way for the specific types of public utilities.

Vindicatory Action in Protection of Title to Real Property of Legal Persons

10.12737/5501 ◽  
2014 ◽  
Vol 2 (9) ◽  
pp. 53-61
Author(s):  
Павел Стрельников ◽  
Pavel Strelnikov
Keyword(s):  
Real Estate ◽  
Property Rights ◽  
Economic Activities ◽  
Real Property ◽  
Legal Regime ◽  
The Real ◽  
The Real Estate ◽  
Debt Collection ◽  
State Registration ◽  
Legal Entities

The question of the protection of property rights of legal entities in a market economy is of particular importance because it is the basis of their economic activities. Particularly acute this problem gives the specifics of the legal regime of the real estate, which has a significant impact on the choice of the means of protecting the violated rights, questioning the use of some of them. One of the methods of protection is indicated by replevin. The question of vindication as a way to protect the property rights of legal entities in the real estate is very controversial, because often put into question the very possibility of vindication property. The arguments for limiting the use of debt collection as a way to protect the rights of ownership of real estate can be divided into two groups. The first related to the essential characteristics of the real estate. The second is based on the legal regime of property, largely determined by the system of state registration of the respective object and deal with them. Based on an analysis of court decisions the author concludes that the feasibility of vindication by prohibiting the use of illegal property owner and the release of land, buildings, structures and premises in them from his property.

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